TampaChinnodu Posted May 25, 2017 Report Share Posted May 25, 2017 Found this on another forum I started to work for employer A from 2013 October until Dec 2016 on H1b. I was on bench starting Dec 1st , All of a sudden Employer called me and asked me to transfer my H1B to some other employer as he is closing his company and he want me to do that with in 1 week. As I don't have any project no other employer have shown interest to transfer my H1b. Finally in Feb 2nd week 2017 I found a employer who filed my H1b transfer in March 2nd week with premium. Now got an RFE Labor Condition Application You must establish that your petition is supported by a Form ETA 903503) Labor Condition Application (LCA) which corresponds with the proffered position described in the petition. You provided an initial position description, along with an LCA for the position of software developer in XXXXXXXCITY , XXXXXXXSTATE. On the LCA, you have designated the position of software developer as a Level I wage (the lowest of four assignable wage levels). The “Prevailing Wage Determination Policy Guidance” issued by theDepartment of Labor provides a description ofthe wage levels. A Level I wage is defined as: Level I (entry) wage rates are assigned to job offers for beginning level employees who have only a basic understanding of the occupation. These employees perform routine tasks that require limited. if any? exercise of judgment. The tasks provide experience and familiarization with the employer’s methods, practices. and programs. The employees may perform higher level work for training and developmental purposes. These employees work under close supervision and receive specific instructions on required tasks and results expected. Their work is closely monitored and reviewed for accuracy. Statements that the job offer is for a research fellow, a worker in training, or an intemshjp are indicators that a Level I wage should be considered. By designating the proffered position at a Level I wage, you indicate that the it is an entry-level position of a comparatively low level relative to other positions within the occupation. Your XXX XX , 2017 response for additional evidence included a detailed list of the position duties. These include writing code in JAVA language, creating test cases using XX-XXand developing XXX based and restful web services using XXX XXX . The duties described appear to be complex in nature, and may require a candidate with a sound understanding of the occupation, who has attained, either through education or experience, special skills or knowledge. In addition, these duties do not correspond to the Level I wage description as they do not appear to encompass “only a basic understanding of the occupation.” The duties described appear to contain more than “routine tasks that require limited, if any, exercise of judgment.” Accordingly, it does not appear that a Level I wage designation would correspond to the proffered position described in the petition, which you indicate normally requires the attaimnent of a bachelor's degree or higher in a specific specialty, or its equivalent as a minimum requirement You may submit additional evidence to satisfy this requirement. Evidence may include, but is not limited to, a combination of the following or similar types of evidence: A letter explaining how the Level I wage designation LCA that you have provided corresponds to the proffered position. Documentation to support. that the Level I wage designation on the LCA corresponds to the proffered position. A new L-CA, with a different wage designation andi’or SOC code and title. If you submit a new LCA, you must provide an explanation for the change. Note that eligibility for H-lB employment must be established as of the date of filing the I- 129 petition. Therefore, the LCA must have been certified prior to the date of filing the 1-129 petition. What to reply for this RFE , Will I stay in USA . What are my chances. This is for a friend of mine , Thanks in Advance Quote Link to comment Share on other sites More sharing options...
TampaChinnodu Posted May 25, 2017 Author Report Share Posted May 25, 2017 FT vallaki antey chance ledu , but mesthris daggara vunna vallu per diems ki , taxes ki kakkurthi padakunda high level wages tho apply seyyandi mee mohal manda. Quote Link to comment Share on other sites More sharing options...
Bhai Posted May 25, 2017 Report Share Posted May 25, 2017 k Quote Link to comment Share on other sites More sharing options...
Srimantudu Posted May 25, 2017 Report Share Posted May 25, 2017 5 minutes ago, TampaChinnodu said: FT vallaki antey chance ledu , but mesthris daggara vunna vallu per diems ki , taxes ki kakkurthi padakunda high level wages tho apply seyyandi mee mohal manda. +1 Quote Link to comment Share on other sites More sharing options...
TampaChinnodu Posted May 25, 2017 Author Report Share Posted May 25, 2017 Posted 4 hours ago · Report post 12 hours ago, rohang said: This will not go thru, software engineer level 1. Let your friend contact a lawyer, and not rely on a forum for such a big decision. He is talking to lawyers , They say we never had such RFE . Not sure who to answer Quote Link to comment Share on other sites More sharing options...
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