Interviews for EB1 visa in mumbai consulate

[wonderwho]

I do not think the offer letter has to be notarized. The original offer letter on the official letterhead is sufficient. It has to be recent. Some places say within the month of the interview. Your salary should be equal to or higher than what was stated during the prevailing wage determination. Saying that your wage is at least XYZ amount would be a bit awkward and unusual. I think that there needs to be some language that the offered position is permanent and that the description of the job is consistent with what was described in the labor certification/petition.

My only concern is that my wage has changed significantly since my Labor/140 filing, which was more than 10 years back. It has gone up more than 60%, and I just want to ensure it doesn't have a negative impact. The job description is the same and so is the permanent nature of the job, just the salary.

[whitewizard]

My only concern is that my wage has changed significantly since my Labor/140 filing, which was more than 10 years back. It has gone up more than 60%, and I just want to ensure it doesn't have a negative impact. The job description is the same and so is the permanent nature of the job, just the salary.

The purpose of the prevailing wage determination during labor certification is to ensure that potential immigrant workers willing to tolerate lower wages do NOT displace American workers. The Department of Labor and the US Government is NOT worried about immigrants getting overpaid. Quite the opposite. In fact, it would look bad if your present wages were comparable to wages 10 years ago because it would suggest exploitation. Going by the logic of the regulations, your present wages should exceed the current prevailing wage for your job category. I am not a lawyer, so bear that in mind.

[wonderwho]

The purpose of the prevailing wage determination during labor certification is to ensure that potential immigrant workers willing to tolerate lower wages do NOT displace American workers. The Department of Labor and the US Government is NOT worried about immigrants getting overpaid. Quite the opposite. In fact, it would look bad if your present wages were comparable to wages 10 years ago because it would suggest exploitation. Going by the logic of the regulations, your present wages should exceed the current prevailing wage for your job category. I am not a lawyer, so bear that in mind.

It makes perfect logical sense, and that is exactly what I thought until I read somewhere that USCIS or DOS might think that the employer intentionally posted job ads for a lower wage to deter US citizens from applying and then increased wages for the green card applicant. Do you know if anyone had any issues with this? Or if anyone submitted an offer letter with a much higher wage than the wage in their PERM certification? I might be overthinking, but not sure how to handle this issue.

This was the only reason I wanted to talk to an attorney experienced in handling Consular processing for employment-based petitions. Even our company attorney doesn't have any experience dealing with consular processing and screwed my I-824. It didn't cause much damage but delayed my approval by a month. Can you suggest any attorney who might be experienced with employment-based consular processing?

[whitewizard]

It makes perfect logical sense, and that is exactly what I thought until I read somewhere that USCIS or DOS might think that the employer intentionally posted job ads for a lower wage to deter US citizens from applying and then increased wages for the green card applicant. Do you know if anyone had any issues with this? Or if anyone submitted an offer letter with a much higher wage than the wage in their PERM certification? I might be overthinking, but not sure how to handle this issue.

This was the only reason I wanted to talk to an attorney experienced in handling Consular processing for employment-based petitions. Even our company attorney doesn't have any experience dealing with consular processing and screwed my I-824. It didn't cause much damage but delayed my approval by a month. Can you suggest any attorney who might be experienced with employment-based consular processing?

Plausible but rather cynical. I am not aware of any law firms that specialize in consular processing of employment-based cases. Law firms are of little use at the consulate stage. There is not much that they can do. I am sure they exist, but I have not encountered any.

[wonderwho]

Plausible but rather cynical. I am not aware of any law firms that specialize in consular processing of employment-based cases. Law firms are of little use at the consulate stage. There is not much that they can do. I am sure they exist, but I have not encountered any.

Do you know anyone in a similar situation where their current offer letter submitted to NVC is significantly higher than their PERM salary?

[whitewizard]

Do you know anyone in a similar situation where their current offer letter submitted to NVC is significantly higher than their PERM salary?

Nope. All employment-based cases I know of personally went through adjustment of status. I am the only one who is doing consular processing.

[wonderwho]

Nope. All employment-based cases I know of personally went through adjustment of status. I am the only one who is doing consular processing.

Did you submit Offer Letter with Civil documents, or did your employer send it directly to NVC in Virginia? I assume you submitted copies of your civil documents and kept the originals for the interview. Is that accurate?

[whitewizard]

Did you submit Offer Letter with Civil documents, or did your employer send it directly to NVC in Virginia? I assume you submitted copies of your civil documents and kept the originals for the interview. Is that accurate?

I sent copies of the civil documents to the DOS in Virginia. The originals will have to be presented during the interview. My case is EB-1A category. So it is self-petitioned. I do not have a job offer.

[wonderwho]

I sent copies of the civil documents to the DOS in Virginia. The originals will have to be presented during the interview. My case is EB-1A category. So it is self-petitioned. I do not have a job offer.

Got it. Thanks!

[wonderwho]

I sent copies of the civil documents to the DOS in Virginia. The originals will have to be presented during the interview. My case is EB-1A category. So it is self-petitioned. I do not have a job offer.

On the "Petitioner is" section, should I select my employer or prospective employer? I worked for my employer for 8 years and recently moved to another country, and I am no longer working with them but will work again once my GC is approved.

Also, should I select "Other" or "my employer" for my Wife's DS-260?

[whitewizard]

On the "Petitioner is" section, should I select my employer or prospective employer? I worked for my employer for 8 years and recently moved to another country, and I am no longer working with them but will work again once my GC is approved.

Also, should I select "Other" or "my employer" for my Wife's DS-260?

Based on what you are saying, I think it should be prospective employer for you. Less sure about your wife, but I think it should be "Other".

[whitewizard]

The August visa bulletin was posted today. Based on the August bulletin, no EB-1 interviews will likely be held for those whose country of birth is India. (The final action date is going to be set to 2012)

[whitewizard]

Category: EB-1
DQ Date: March 30, 2023
Interview Letter Date: August 02, 2023
Interview Date: September 20, 2023
Consulate: Mumbai

[wonderwho]

Category: EB-1
DQ Date: March 30, 2023
Interview Letter Date: August 02, 2023
Interview Date: September 20, 2023
Consulate: Mumbai

Congrats!!

What is your priority date btw?

[whitewizard]

Congrats!!

What is your priority date btw?

Jan 20, 2023. Chargeability is ROW.