How long does it take for the employer to prepare an H1B appliication?

Asked over 1 year ago - Boston, MA

My new employer is right now preparing an H1B application on my behalf so that I can work for them. I followed up on the status last week and they said they are waiting for the prevailing wage document which takes about 2 months to obtain, on average. Is this document ALWAYS needed? I am outside the US at the moment, but I have worked on H1B previously in the US and have also had H1B transfers. I don't seem to recall its taking so long to obtain the prevailing wage document. Or is this not needed during H1B transfers? Once they get the document, I imagine it will take them another 4 weeks or so to obtain the LCA and send everything off to the USCIS. Is this correct?

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    15

    Lawyers agree

    1

    Answered . It would be very unusual to time this much time to obtain a prevailing wage. It usually takes about one week to get an LCA approved.

    Please click the link below for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Know Your Rights!
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Alexander Joseph Segal

    Contributor Level 20

    5

    Lawyers agree

    2

    Answered . It is entirely up to the resources knowledge and experience of the employer's attorney. If the employer does not have you - you are in trouble an need to sugest to them hire one immediately.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. F. J. Capriotti III

    Contributor Level 20

    4

    Lawyers agree

    Answered . Yes, prevailing wage is a required first-step for the LCA, which is required before submitting the H application.

    But, it doesn't normally take 2 months ... it can be done in 2 minutes by going here:

    http://www.flcdatacenter.com/

    You should talk to their LAWYER and not a manager, and especially NOT someone in HR.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  4. Richard Scott Roth-Sterger

    Contributor Level 8

    3

    Lawyers agree

    Answered . It all depends on the experience and competence of your company's attorney.

    www.theimmigrationguy.com

One or more answers have been taken down.

Related Topics

Immigration

If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

US visas

There are many types of immigrant and non-immigrant visas, including work visas, student visas, and marriage visas.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,073 answers this week

3,379 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,073 answers this week

3,379 attorneys answering