10 Dec 2020

A few weeks ago, my employer received the prevailing wage determination from the DOL with an incredibly high salary. My employer is not willing to pay this amount. Now that the DOL rule has been blocked by the courts, could we reapply to request a more reasonable salary?

Answer The employer does not necessarily have to completely reapply. Rather, any employer that wishes the DOL's Office of Foreign Labor Certification (OFLC) to review a prevailing wage determination issued based on October 8th regulation may do so by submitting a request for review before January...

10 Dec 2020

I have about 18 months of STEM OPT remaining, but my H1B change of status was recently approved. Is it possible to get back into F-1 status to use the rest of my STEM OPT?

Answer Generally speaking, once a person has been granted a change to H1B status, the STEM OPT terminates. It typically is not possible to use any remaining period of OPT (or STEM OPT.) (10.Dec.2020).Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...

03 Dec 2020

I understand that a court recently blocked the DOL rule that increased H1B wages. I have a prospective employer that wants to file an H1B transfer for me, but they told me that when they tried to submit an LCA, it still was showing the old (higher) wages. Is that true?

Answer Yes, we are still waiting for the Department of Labor Office of Foreign Labor Certification (OFLC) to update the prevailing wage data. There is no word yet on when this will happen. (03.Dec.2020).Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...