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Sauronx92

Cap exempt H-1B petition

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Hello everyone,

 

Please bear with me, as this is my first post here and I may not be accustomed to all the formatting rules.

 

I am currently on F-1 STEM OPT with expiration in July 2020, working for a cap exempt employer in a full-time research position. I have talked to my direct supervisor about the possibility of a change of status from F-1 to H-1B. Needless to say, he is not experienced in dealing with USCIS and wants my guidance. The school also offers official liaison services, but it is in my best interest to guide him along. If it helps to put everything in context, I have a Master's Degree in Physics from a US institution and have maintained lawful F-1 status since 2011.

 

I have a couple of questions, primarily regarding the LCA. It is my understanding that the petition must prove the alien is both qualified to work in a specialty position, as well as compensated fairly for the work.

 

1) How does one select the correct "category" for the prevailing wage rate? I am paid $60k in California for a job title "R&D Engineer 2". The job listing itself only requires a Bachelor's degree in engineering disciplines or related fields. This compensation is in line with what similarly situated workers in my industry make. Where is the "proof"?

2) My current contract runs out at the end of 2019. Would it be smart to renegociate this contract before engaging in correspondence with USCIS? My gut tells me "yes." The employer benefits from my services for a longer guaranteed time, and I extend my stay in the US while pursuing a career. I should mention that I am located in an at-will state, however.

 

Thank you for reading (and responding, as the case may be).

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You should NOT be involved.  He was irresponsible if he directed you to do anything. You should be terminated if you took it upon yourself to become involved.

 

If your supervisor needs assistance, his institution has it.  They may have rules about hiring H-1Bs when J-1s are cheaper. Institutions are unlikely to grant you special privileges such as a contract extension outside the normal process. The large the institution. the less flexible they are.

 

A degree in physics is one of the most unemployed  choices; it has been written about.  The employer benefits only from cheap labor. A degree in physics does not qualify you as an "engineer".

 

A US degree was NEVER a guarantee for a job in the US.

 

Continue with your involvement and risk getting into a lot of trouble!

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Let the Lawyer handle it, that is what they are paid to do.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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On 2/16/2019 at 10:47 AM, CEE53147 said:

You should NOT be involved.  He was irresponsible if he directed you to do anything. You should be terminated if you took it upon yourself to become involved.

 

If your supervisor needs assistance, his institution has it.  They may have rules about hiring H-1Bs when J-1s are cheaper. Institutions are unlikely to grant you special privileges such as a contract extension outside the normal process. The large the institution. the less flexible they are.

 

A degree in physics is one of the most unemployed  choices; it has been written about.  The employer benefits only from cheap labor. A degree in physics does not qualify you as an "engineer".

 

A US degree was NEVER a guarantee for a job in the US.

 

Continue with your involvement and risk getting into a lot of trouble!

First of all, could you define involvement, please? I am not entirely certain that I understand and you seem to have gone on some sort of rant. I never mentioned contributing directly in the process, as my department will sure reach out to a liaison. The job posting itself is for an engineering degree or related disciplines (physics being one of the named ones). I am 100% positive that an advanced degree in physics qualifies one to be an R&D Engineer. A contract extension can be negotiated bilaterally at any point during the term of the contract, per the provisions of my current agreement.

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What do you mean by liaison?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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On 2/15/2019 at 8:20 PM, Sauronx92 said:

I have talked to my direct supervisor about the possibility of a change of status from F-1 to H-1B. Needless to say, he is not experienced in dealing with USCIS and wants my guidance. The school also offers official liaison services, but it is in my best interest to guide him along.

 

 

Your “best interest” needs to coincide with the law. You need the school to apply for an H1 for you if you want to go this route. They will determine what they need to determine. You will not be the first H1 petitioned by the school. They know what to do. 

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Probably best to discuss the issues with your liaison, they are going to know much more about the specifics of your case.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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12 minutes ago, SusieQQQ said:

Your “best interest” needs to coincide with the law. You need the school to apply for an H1 for you if you want to go this route. They will determine what they need to determine. You will not be the first H1 petitioned by the school. They know what to do. 

Are you assuming that my best interest is somehow not congruent with the law? Where did you infer that from? I will simply provide my supervisor with an overview of F1 vs H1 EAD, so he can make the best determination going forward.

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Not sure the Supervisor would be the best to decide on such matters.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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58 minutes ago, Sauronx92 said:

Are you assuming that my best interest is somehow not congruent with the law? Where did you infer that from? I will simply provide my supervisor with an overview of F1 vs H1 EAD, so he can make the best determination going forward.

I’m not aware of any institution in which a supervisor is the person who decides on and applies for the appropriate visa for a subordinate, but apparently yours does that, so good luck. I’ll still maintain that the questions you are asking are best served being determined by those in the institution experienced in preparing visa applications.  For example, they will know that an H1 is a work visa, not an EAD.

Edited by SusieQQQ

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Holding oneself out to be an "engineer" without a degree in engineering is against the law in many states. You need to look at the statutes where you intend to work to determine what is expected in your state. 

 

The "engineering" profession is strictly regulated and professional registration is required to perform many "engineering" tasks.   Look at NCEES.org and ABET.org. A degree in engineering requires the study of math, basic science, engineering science, and engineering design. An undergraduate curriculum is carefully constructed to meet distributions in the various areas.  Many people entering graduate programs in engineering without an engineering undergraduate degree are required to take articulation courses.

 

Many companies are careless about their use of that title.  They can hire you into it but do not hold yourself out as an engineer.  As an engineer, I have taken many courses in physics and related topics but would never hold myself out as a scientist specializing in physics or chemistry or mathematician or computer science or ...

 

Your organization's attorney or their representative are the ones who should be addressing all aspects of H-1B filing. Your supervisor was not acting in your best interest to have you research anything about the process.  If and when the attorneys ask for you input, provide it.  Much is what is needed should be available within the organization already - like the job description, educational and experience requirements, ...  If done incorrectly, other things can doom your petition if selected.  What is important to you is what is required to maintain your status. An H-1B worker has rights and responsibilities; start with the USCIS  website for your information; know both.

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