minimum wage reqt for H-1 visa - to lana

[sbkal]

What is the name of your state?
NJ

Hi,
I started working on OPT for a small company in Philadelphia, PA. However my salary is only $34k. I am asking them to file a H-1 for me this march 2005 and wondering if this salary qualifies for a H-1 minimum wage requirement.

Can the USCIS reject my H-1 based on a low salary?

Thanks
sbkal

 

[immiq]

What is the name of your state?
NJ

Hi,
I started working on OPT for a small company in Philadelphia, PA. However my salary is only $34k. I am asking them to file a H-1 for me this march 2005 and wondering if this salary qualifies for a H-1 minimum wage requirement.

Can the USCIS reject my H-1 based on a low salary?

Thanks
sbkal

The employer needs to apply for the labor condition with the DOL. You will have the salary at http://www.flcdatacenter.com/OesWizardStart.aspx

 

[sbkal]

ok $34k seems less to me from the salary reqt as seen at http://www.flcdatacenter.com/OesWizardStart.aspx

now what shd i do? can i still apply for H-1 and get a H-1 visa?

thanks
sbkal

 

[immiq]

You must have the labor condition with the prevailing wage listed. You can choose level I rather than level II; otherwise change of employment.