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

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

Posted

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) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Posted

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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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2 comments

Asker

Posted

Thanks. It turns out I spoke with the manager and an immigration rep from HR. The manager said they are waiting for the prevailing wage, and the HR rep said they will take over once the prevailing wage come in. Maybe they want the 'safe harbor' provided by the DOL, that's why didn't determine the prevailing wage themselves. They are one of the larger well-established universities in the US with many H1B employees, so it makes me think they know what they are doing.

F. J. Capriotti III

F. J. Capriotti III

Posted

Again, do NOT rely on the words from someone in HR ... talk to the lawyer if you are that concerned. I work with many institutions of higher education, a safe harbor shouldn't be needed ... if this is a teaching position.

Posted

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 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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Posted

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

www.theimmigrationguy.com

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