Does my boss have to pay the salary on LC after I485 approved?
- Thread starter getit
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jacquelina
Registered Users (C)
exactly as stated above- assuming this is just signed fo LC, then it is not binding- I would not risk using this as an argument for a raise unless you are quite confident. When we applied for our LC, wage was less than specified and the DOL asked for a certified agreement from my employer that they will be paying prevaling wage as listed before GC approval- this was a nighmare to get and was a mayor issue being signed by attorney's from both sides and the INS. I think this is the only situation where it would be legally binding.
Good luck with getting a better wage anyway
Good luck with getting a better wage anyway
jacquelina said:exactly as stated above- assuming this is just signed fo LC, then it is not binding- I would not risk using this as an argument for a raise unless you are quite confident. When we applied for our LC, wage was less than specified and the DOL asked for a certified agreement from my employer that they will be paying prevaling wage as listed before GC approval- this was a nighmare to get and was a mayor issue being signed by attorney's from both sides and the INS. I think this is the only situation where it would be legally binding.
Good luck with getting a better wage anyway
It was a long story. When I applied LC, DOL in Detroit rejected my application and asked for a wage of over $80,000, my boss didn't agree with DOL and tried to find some survey to argue with them. Finally DOL agreed to decrease the amount of prevailing wage to $70,000, and my boss signed it. I assumed that my boss agreed to this amount otherwise he would reject signing again. THat's why I prefer to talk to him about the raise. But I am still not sure if the salary raise is by immigration law(after GC is approved) before I talk to him... I appreciate any input.
Getit,
I can understand. But remember the salaray doesn't just mean what you get in pay check. It includes benefits, like your paid time off, 401k, medical insurance etc. If you add up those, see whether you get what is mentioned in your LC.
Gurus, correct me if I am wrong.
I can understand. But remember the salaray doesn't just mean what you get in pay check. It includes benefits, like your paid time off, 401k, medical insurance etc. If you add up those, see whether you get what is mentioned in your LC.
Gurus, correct me if I am wrong.
I don't think teh benifits such as 401k, medical, etc, can be considered as salary, because I talked to my laywer's assistant(my lawyer never talked to me) when my LC was rejected the first time and was told salary means the base pay excluding anything else. My point is: does he break law if my boss doesn't keep his agreement on LC? I am just figuring out if I need to talk to him about it.bishma said:
There is no law that says that an employer is required to pay something just because they sponsored you for LC or GC. Think about it, they can lay you off tomorrow or demote you today with no valid reason. Don't forget this is a capitalistic society, things change in corporations to make profitable and productive and not to satisfy LCs or GCs.getit said: