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Immigration Issues/H1b + PWD + Spouse visa issue

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Question
QUESTION: Hello Sir,
I got married in May 2011 and then I was on F-1 visa. I tried twice for my wife's F-2 visa but both the times US Embassy rejected it stating it's better for me to get an H1B.
Now my company is trying to file my H1B and it seems there are issues right now in Prevailing Wage Determination hence hey can't process my LCA and initiate my H1B process.
Is it advisable to bring my wife over on B-2 visa for time being?
Kindly suggest me the precautions my wife should take while going for B-2 visa interview.
Any other helpful inputs will be highly appreciated.

Thanks
Siddharth

ANSWER: Hi,

It appears that you have graduated or are about to graduate in your program of study, and perhaps that is the reason the Consulate is recommending that you obtain H1B status. Or perhaps the Consulate is concerned that you or your wife have an intention to immigrate to the U.S., and this is not compatible with F visa status.

The Consulate is unlikely to issue your wife B2 visa stamp, esp. since her F2 visa application has been denied twice. Please note that H visa status allows for intention to immigrate to the U.S.

You should discuss with your employer the possibility of offering you part-time H1B employment. This may overcome the employer's reluctance to pay the prevailing wage.

---------- FOLLOW-UP ----------

QUESTION: Thanks a lot sir for your reply.
I am highly appreciative of your effort.
I must add that my employer is paying me a good salary and they're not reluctant to pay prevailing wage.
The issue is there's a delay in obtaining PWD from Deptt. of Labor, which is hindering the process.
Do you have any idea how long will it take for PWD process to be streamlined.

Thanks again.

Answer
Hi,

The prevailing wage determination from the Department of Labor should take no more than 7 business days once FEIN has been verified. Additional information about FEIN is here: http://www.foreignlaborcert.doleta.gov/pdf/FAQ_iCERT_06172010.pdf

If necessary, your employer should explore the possibility of retaining an experienced immigration lawyer, as very minor errors will result in severe delays. Our law firm can be contacted directly at info@h1b1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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