Understanding H-1B denials in non-IT fields

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04-13-2014, 01:03 PM
axecapone

Understanding H-1B denials in non-IT fields

Hey guys

A friend of mine is in life sciences field. Life sciences is a very unfriendly place for H-1B. H-1B is almost unheard of and she has been struggling a lot to get a job. Finally, she lands a job but there are conditions to it:

1. She is being paid below prevailing wages now and they "promise" to increase it during the next H-1B season because she is considered new to the field. We spoke to a current H-1B employee who said that they did the same thing to her and it worked out for her. So there is just a level of blind trust given she has not too many options and not much time either.
2. She needs to file her own H-1B. They will pay for it but its up to her to find the lawyer and get the work done.

I was investigating the company and they have had too many denials in the past (Based on myvisajobs, 2013: 1 certified, 1 denied, 2011: 2 certified 5 denied).

I have a few questions about her situation in order to make it easier for her
1. When should the new salary kick in? Should she be receiving the prevailing wage at the time of filing for H-1B (April) or is it sufficient that she gets the prevailing wages when the H-1B starts (October)?
2. I compared two different H-1B LCAs for 2013. They are identical and yet, one was certified and one was denied. Is it possible to know reasons for denial?
04-13-2014, 07:31 PM
qesehmk

axe - First of all thanks for opening the thread in an appropriate location and respecting moderators' time!

I will answer what I know and leave to the rest whoever may know anything else.

There are two "big no no"s in your friend's case.
1. Can't work at below prevailing wage.
2. Can't sponsor one's own H1.

Right there this H1 is invalid and the company is committing immigration fraud.

As per when to receive right salary - obviously she should get it on day 1 of H1. It is possible that exactly same LCA can be approved or denied at different times because by defiintion "prevailing tax" is a temporal thing. At that point of time whatever is determined will determine (among other things) whether LCA will be approved.

Hope it helps.

Quote:

Originally Posted by axecapone

Hey guys

A friend of mine is in life sciences field. Life sciences is a very unfriendly place for H-1B. H-1B is almost unheard of and she has been struggling a lot to get a job. Finally, she lands a job but there are conditions to it:

1. She is being paid below prevailing wages now and they "promise" to increase it during the next H-1B season because she is considered new to the field. We spoke to a current H-1B employee who said that they did the same thing to her and it worked out for her. So there is just a level of blind trust given she has not too many options and not much time either.
2. She needs to file her own H-1B. They will pay for it but its up to her to find the lawyer and get the work done.

I was investigating the company and they have had too many denials in the past (Based on myvisajobs, 2013: 1 certified, 1 denied, 2011: 2 certified 5 denied).

I have a few questions about her situation in order to make it easier for her
1. When should the new salary kick in? Should she be receiving the prevailing wage at the time of filing for H-1B (April) or is it sufficient that she gets the prevailing wages when the H-1B starts (October)?
2. I compared two different H-1B LCAs for 2013. They are identical and yet, one was certified and one was denied. Is it possible to know reasons for denial?
04-13-2014, 07:59 PM
axecapone

Hey qesehmk

Thanks for your prompt response.

This is a total noob question. So all those links of "Acceptance" and "Denials" are all LCA acceptance and denials? So it has nothing to do with actual I797 approval notices from USCIS? If so, is there anyway to know how many of those LCA's converted into a H1B?

The company is paying for the H1B but they just don't have an immigration lawyer working with them. So she needs to do all the work to find one and get things going but they will pay for it.

Regarding pay, she will get paid probably a tad over the prevailing wages. Basically nothing illegal on wage front, just marginally meeting the prevailing wages.
04-13-2014, 11:04 PM
qesehmk

Quote:

Originally Posted by axecapone

So all those links of "Acceptance" and "Denials" are all LCA acceptance and denials? So it has nothing to do with actual I797 approval notices from USCIS? If so, is there anyway to know how many of those LCA's converted into a H1B?

Sorry I just gave you a general answer on why two identical LCAs may have different outcome. I thought that's what you asked.
04-14-2014, 09:02 AM
axecapone

Ok let me rephrase.

I was visiting different websites to find out more about this company. I saw a lot of "Certified" and "Denied" against the company for H1B. I was under the impression that they are all H1B visas that were approved or denied but it looks like they are all LCAs. LCA being denied and H1B being denied are very difference.

Long story short, all that data available online (say on myvisajob dot com) of certified and denied, are they all LCA decisions?
04-14-2014, 09:52 AM
qesehmk

Sorry Axecape again. Perhaps best to ask the site admins about their data.

All I can say is an H1 can be denied even if an LCA is approved.

Quote:

Originally Posted by axecapone

Ok let me rephrase.

I was visiting different websites to find out more about this company. I saw a lot of "Certified" and "Denied" against the company for H1B. I was under the impression that they are all H1B visas that were approved or denied but it looks like they are all LCAs. LCA being denied and H1B being denied are very difference.

Long story short, all that data available online (say on myvisajob dot com) of certified and denied, are they all LCA decisions?
04-15-2014, 02:31 PM
srimurthy

Quote:

Originally Posted by qesehmk

Sorry Axecape again. Perhaps best to ask the site admins about their data.

All I can say is an H1 can be denied even if an LCA is approved.

Good luck Axecape. I tried mutilple options for a non IT, Life Sciences filed company for a H1 filing for my spouse and finally resigned to fate and decided to wait for the EAD that may be another three years.
Chances are if we already have a job and a client letter, then the probability of approval increases considering we are adding up supporting information.