Sauronx92

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.

Person who works in the international scholar office and can assist with LCA, I-129, and future correspondence with USCIS. Important to note, NOT a lawyer.

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.

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).