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H1B, H4 Visa
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H1B Visa Question
I am in US on H1B work visa from 2010 (Have EB2 I140 with priority date June 2015, have total 15 years IT exp) and was recently laid off from a full time IT job from a bank on 15-Sep-2020 due to COVID19 mass layoff.
In the termination letter they mentioned I will be in an inactive status for 1 month but I will be getting paid under their payroll until 16-Oct-2020. My last date is 16-Oct-2020 with the bank.
In the 1-month grace notice time I should find another job otherwise I need to leave US on or before 14-Nov-2020 (60 days period).
Fortunately, I got a consulting Job Offer on 05-Oct-2020 via a contracting Software Company and I will be working remotely from my home and after 6 months I will work in client office which is another Bank.
My new employer filled LCA on 06-Oct-2020 (Level 4 wage in Tampa Florida). The salary offered to me was more than the prevailing wage of level 4 wage as of 06-Oct-2020.
However, once the new rule on 08-Oct-2020 came into effect I see the level 4 wage for Computer systems Analyst in Tampa Florida is 187K per annum which is way beyond my salary offered.
In this situation I would like to know the following: -
1) Since my LCA was filled on 06-Oct-2020 and is in process so should I be falling into the old wage structure or I am in new wage rule and is at risk of not getting my LCA certified?
2) On the new H1B filing if my new employer files in normal process and my H1B takes 3-4 months to get to decision stage will I be eligible to get 3 years of extension considering the fact that the H1b was acknowledged before the few USCIS rule came into effect?
Or I will get only 1 year as I am not direct employee of the bank and work at client location and as per the new rule, I will get only 1 year.
3) Is premium processing a better option in my case? My employer is suggesting to go with normal processing and then upgrade to premium after 1 month.
4) Lastly why my old employer is asking me to leave US by 14-Nov-2020 I was thinking it should be 15-Dec-2020 as I will be in their payroll until 16-Oct-2020.Does USCIS not consider the pay stub or it will look into my inactive status period?
Please let me know the above questions.
In the termination letter they mentioned I will be in an inactive status for 1 month but I will be getting paid under their payroll until 16-Oct-2020. My last date is 16-Oct-2020 with the bank.
In the 1-month grace notice time I should find another job otherwise I need to leave US on or before 14-Nov-2020 (60 days period).
Fortunately, I got a consulting Job Offer on 05-Oct-2020 via a contracting Software Company and I will be working remotely from my home and after 6 months I will work in client office which is another Bank.
My new employer filled LCA on 06-Oct-2020 (Level 4 wage in Tampa Florida). The salary offered to me was more than the prevailing wage of level 4 wage as of 06-Oct-2020.
However, once the new rule on 08-Oct-2020 came into effect I see the level 4 wage for Computer systems Analyst in Tampa Florida is 187K per annum which is way beyond my salary offered.
In this situation I would like to know the following: -
1) Since my LCA was filled on 06-Oct-2020 and is in process so should I be falling into the old wage structure or I am in new wage rule and is at risk of not getting my LCA certified?
2) On the new H1B filing if my new employer files in normal process and my H1B takes 3-4 months to get to decision stage will I be eligible to get 3 years of extension considering the fact that the H1b was acknowledged before the few USCIS rule came into effect?
Or I will get only 1 year as I am not direct employee of the bank and work at client location and as per the new rule, I will get only 1 year.
3) Is premium processing a better option in my case? My employer is suggesting to go with normal processing and then upgrade to premium after 1 month.
4) Lastly why my old employer is asking me to leave US by 14-Nov-2020 I was thinking it should be 15-Dec-2020 as I will be in their payroll until 16-Oct-2020.Does USCIS not consider the pay stub or it will look into my inactive status period?
Please let me know the above questions.
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