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Hi All,
I came to USA on 2012 March and my LCA had the wage level as 2 at that time.
Regarding wage level determination, DOL has published the guideline in the link http://www.flcdatacenter.com/downloa...ed_11_2009.pdf
So based on the guideline at the time of 2012 I fit under Wage level 2. Now It's been 4 years since I came here and my experience has gone up and my roles and responsibilities are changed and my current roles and responsibilities fits perfectly under wage level 3 which is one level above my current level. My H1B extension happened just last year and my LCA was filed again under level 2 only and I am paid according to Prevailing wages for level 2.
This is what explained in the guideline document for wage level3
"Level III (experienced) wage rates are assigned to job offers for experienced employees who have a sound understanding of the occupation and have attained, either through education or experience, special skills or knowledge. They perform tasks that require exercising judgment and may coordinate the activities of other staff. They may have supervisory authority over those staff. A requirement for years of experience or educational degrees that are at the higher ranges indicated in the O*NET Job Zones would be indicators that a Level III wage should be considered."
Can I ask my employer to amend my H1B again to change the wage level? And if they don't agree to do that what can I do?. Please help.
I came to USA on 2012 March and my LCA had the wage level as 2 at that time.
Regarding wage level determination, DOL has published the guideline in the link http://www.flcdatacenter.com/downloa...ed_11_2009.pdf
So based on the guideline at the time of 2012 I fit under Wage level 2. Now It's been 4 years since I came here and my experience has gone up and my roles and responsibilities are changed and my current roles and responsibilities fits perfectly under wage level 3 which is one level above my current level. My H1B extension happened just last year and my LCA was filed again under level 2 only and I am paid according to Prevailing wages for level 2.
This is what explained in the guideline document for wage level3
"Level III (experienced) wage rates are assigned to job offers for experienced employees who have a sound understanding of the occupation and have attained, either through education or experience, special skills or knowledge. They perform tasks that require exercising judgment and may coordinate the activities of other staff. They may have supervisory authority over those staff. A requirement for years of experience or educational degrees that are at the higher ranges indicated in the O*NET Job Zones would be indicators that a Level III wage should be considered."
Can I ask my employer to amend my H1B again to change the wage level? And if they don't agree to do that what can I do?. Please help.
