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User sshankar

Member for: 4 years (since Feb 27, 2013)
Type: Expert
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Full name: Dr. Sandeep Shankar
Location: Denver, Colorado, USA
Website: www.hopeforhumanityglobal.org; email: [email protected]
About: Located in Denver, we are a 501c3 non profit group that helps US workers with employment challenges. We closely monitor and keep updated with the Federal O-Net on career choices and best education fit. Visit us www.hopeforhumanityglobal.org and www.onetonline.org

Activity by sshankar

Score: 62,740 points (ranked #2)
Questions: 10
Answers: 1,035 (63 chosen as best)
Comments: 139
Voted on: 1 question, 9 answers
Gave out: 10 up votes, 0 down votes
Received: 105 up votes, 2 down votes

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Hi Shankar,



I am on H1B, working as a consultant (paid on per hour basis) and my client changes in every 3 to 8 months but with in the same county and state. In my LCA Wage Rate (Required)$ 80k is written and Prevailing wage $72592 is written.

As I get salary on per hour basis, so my salary differs in every paystub, sometimes $5760 sometimes $2400 but at the end of the year the total of all paystubs always falls above then my LCA ( $80k ), Some of my friends said that my every paystubs should need to have $3333 ( $80000 X 12 months) according to my LCA .

Could you please answer:

1. What my friend said is correct?

2. What is the difference-LCA Wage Rate (Required) and Prevailing wage?

Thanks in advance.
Jul 29 by GS2017
Hi Shankar
Please could you answer my following question


Rahul Reddy
Jul 24 by rahulreddy2605
Hi Shankar,

Please could you answer my following question

Jul 2 by Bharath Patil
Hi Shankar,

I am in a unique position or not that you all have to decide. I am stating my case here.

I have approved and stamped VISA valid till October-2019, which was filed by my current company A.Now company A is not willing to send me on assignment. I have another company B willing to transfer my VISA. I have never been in USA on H1B status.

I am planning to leave company A and join company B in India itself. I am worried about revocation/withdrawal of VISA from company A.

My questions are as below:

1. What is the difference between revocation and withdrawal from company A perspective?

2. If company A revokes/withdraws the VISA and company B files for the transfer, will I be counted in CAP or I will be CAP-EXEMPT?

3. Should I transfer VISA to company B before revocation/withdrawal or after? Is "after" even possible?

Please help me with these scenarios if you have been through this situation. I would also like to have suggestions based on this scenarios.

May 20 by h1b_select
Hi Shankar

My H1B was stamped in December 2016. I work with an IT company in India. I have not travelled to US on this visa from my company.

1. I want to know if i can directly apply to other US companies (who might be willing to sponsor my visa) and then have it transferred ? Does the original petitioner (my current company in this case) have the right to cancel the petition if i quit and seek visa transfer ?

2. If i change companies in India itself , can i have my visa transferred in same way ?
May 12 by chopkop
Hello shankar
 My visa just got approved last month  & wanted to resign from current company as some other employer filed my H1b . Now situation is my company is offering me new role in US  & giving option to H1B transfer or contract thru approved vendor . my vendor is  not  in there approved vendor list  &  i said no for H1b Transfer as i am in India only  & premium processing is stop & wanted to avoid further complications . so please let me  know ehat to do know also  Is there any restriction on H1b for contract Corp2crop positions. My Manager  told that Company can hire only contract H1B candidates from preferred Vendor( who holds H1B for the candidates) and Vendor currently od not have project so he is getting  interview schedule for upcoming projects.
Apr 14 by rps.mait
Dear Shakar,

Need your kind help on my query.

I was in US for one year from the period Jan 2015 to August 2016 and returned back to India. I have quit the company. My US visa is stamped till October 2017. One of a desi US consultancy wants me to travel to US on my previous stamped Visa and then search for a job. Once a job is obtained they told they will initiate the H1B transfer at onsite. My previous employer has not revoked the H1B. So Can I follow the procedure told by the desi consultancy? Will it have any impact on my future Visa stampings?

Thanks for your kind help.


Mar 23 by pbakash
Hi Shankar...I have applied for H1B last year and got visa stamped for one year only till Nov 30th 2017...Due to personal reasons I cannot travel this year...My questions are:
1.As per current rules can we apply for cap exempt visa next year if I have a sponsor
2.Somewhere I read we need to travel atleast once to US before H1B expires to apply for cap exempt visa transfer.Is that true?
3.Is there a chance that USCIS does not allow cap exemption as I did not work for my employer in visa period
4.Will answers to above questions hold good even if my current employer revokes visa

Mar 3 by Newbee217
hi Shankar,

I received an email from consulate to submit passport.

I attended H1b visa interview on Jan 11, 2017 all my documents along with passport were given back to me and the case was under administrative processing. I was not issued any kind of 221G.
Today I received an email from US Counsulate- hyderabad asking me to submit my passport at VAC for further processing.
Kindly help me to understand whats going on and how long does it take to get my passport back after submitting.

Feb 18 by vikramh3
Hello Respected Sir,

I attended my PAI in chennai on Dec 1st, 2016 and my case got into admin processing where consulate officer gave me case id for tracking. I waited for 69 days before I got this email from consulate on 02/08.

Dear Mr. Muthusamy:
This is in response to your inquiry.  Consular records show that administrative processing of your case has been completed.  You are required to submit your passport through one of the 5 Visa Application Centers (VACs) or 6 VFS offices.  To locate the 5 VACs and 6 VFS offices closest to you, please check the website WWW.USTRAVELDOCS.com/in .  There will be no fee charged for this service.
Consular Information Unit
U.S. Consulate General
220, Anna Salai
Chennai 600 006
Phone: 91-44-28574000
I submitted by passport on Thursday 02/09 and when I checked passport tracking it shows as Your passport is still with the US Embassy/Consulate. What does this mean, is my visa already approved or still they will do some more processing.

Please advise. Thanks in advance.
Feb 11 by kannan1985