H1 questions..

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Old Apr 17th 2001, 1:03 am
  #1  
david chan
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Hi, For H1 application, Is it a standarized form "ETA9098" for prevailing wage
determination for all states ? I download one ETA9098 and its instruction, but there
is no fax number inside instruction, and it only say go to http://www.doleta.gov"
then follow the links to Foreign Labor Certification local contacts, but I can't find
it.

If I already get the prevailing wage step done, then for LCA, the new three pages
form, I heard that the new system is very slow, Does anyone know how long is it to
get the LCA ? I am in washington DC.

Can I also file the I-129 before I get LCA (just with a copy of eta9035) ?

Please help. Thanks. David
 
Old Apr 22nd 2001, 3:00 pm
  #2  
Ingo
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You don't actually need to get an official wage determination. You can use any source
you feel is appropriate, such as a published wage survey. The only drawback is that
IF DOL ever investigates, and IF they find that the numbers you used were not
appropriate, THEN the employer would be fined. A lot of ifs, and as long as you use
reasonable numbers, this is not a real risk.

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It can be anything from same day to never. Basically, DOL says that if you don't have
a reply within four weeks, refile.

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Yes, INS currently allows it because they know of the DOL problems.

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee) http://www2.apex.net/users/thehydes
http://www.formshome.com http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
 

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