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?
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.
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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:
You should talk to their LAWYER and not a manager, and especially NOT someone in HR.
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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.
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
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