Is Prevailing wage (PWD) is mandatory for h1b extension?

USA
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1

Thanks Anil.

I would like to know if Prevailing wage (PWD) is mandatory for this h1b extension.

It takes 4 to 5 months now a days for PWD.

Here are the details,

PWD was done in 2016 with job code 15-1199.09 and this was linked to PERM.

Later in 2017, h1b extension was approved without PWD and based on I-140, but with job code 15-1199.02 (slightly different from PERM)

Now, we are filing another h1b extension based on approved I-140 and employer is recommending that we use “continuation of same employment with minor or no changes”. So this upcoming h1b extension will be similar to the last approved h1b extension.

Is PWD mandatory now a days for these type of h1b extensions or just LCA is fine?

Mine is full time and in-house and wage level is Level 3 or Level 4. Does this also matter here?

Thanks in advance for your help.

2

I do not think that PWD is required for this H1B extension with the limited information you have shared.

What is your attorney saying?

3

He just mentioned PWD is not mandatory.
How good or bad is the below option that is ticked in the h1b petition

“continuation of same employment with minor or no changes”

Also, the attorney says, if we chose the above, then the job duties provided in h1b 2017 extension can’t vary much in this upcoming petition. But main point is in 2017, the entire job duties was less than one page, but nowadays is 1 page of job duties (without % breakup) just enough?

Also, I am also worried about job duties being termed as VAGUE. How to overcome this?

4

If the attorney says that PWD is not required, then you are fine. No need to worry.

I cannot really say how you will overcome the vagueness as you or your employer needs to write them clearly. Just read them yourself or have a non-IT guy read the duties and make sure he understands it.

If a laymann cannot understand, then it is vague. Specific technology names and specific tasks need to be mentioned.