1. Under the new weighted wage rule, the chances of being selected are higher if you have a good wage offer
A reader asks:
I have applied for the H-1B visa three times and haven’t been selected. This is my fourth attempt. I have been in the United States for 6 years and have renewed my TN visa several times. Currently, I am a graduate student in Canada, so I can only apply for the undergraduate H-1B. However, I am studying OMSCS on weekends, and I can apply for the Master’s Cap next year. Last month, I just renewed my TN visa, and the next renewal is due at the end of 2028. This gives me three more chances in the H-1B lottery. I’d like to ask, what are the chances of me getting selected in the next three years? It would be really frustrating if I don’t get selected after six attempts.
Alan Lee, Esq. answers,
Under the new weighted wage rule, the chances of being selected are higher if you have a good wage offer. Assuming that the weighted wage rule is in place for this year’s H-1B Cap Registration, the higher the level of wage according to the Department of Labor (DOL) OES system, the better the chances are of being selected. DOL divides wages into four levels, and USCIS has conveniently taken advantage of the system in postulating that wages in level I get one ping-pong ball in the lottery, level II gets two balls, level III three balls, and level IV four balls. As you have been in the US for six years and renewed your TN Visa several times, you more than likely have a wage that fits within level III or level IV and have a good possibility of being selected.
2. Received an RFE for the medical report
A reader asks:
I received an RFE today asking for my medical examination report. However, I had already included the sealed medical report when I initially submitted my I-485 application. I called USCIS to inquire, but I was unable to reach a live agent. If my medical report was lost, can I ask my doctor to issue a new one?
Alan Lee, Esq. answers,
We find that in such situations where one cannot obtain an answer from USCIS, the best thing to do is to give another medical. If the medical is still valid, you can possibly go back to the physician or clinic and ask for a new medical report. You should ensure that you read all the rules concerning the validity of medicals before you take this route. Submission of an incorrect medical in response to a request for evidence would lead to denial.