When your base salary doesn't meet the prevailing wage

[july1375]

I'm in the middle of transfering my H1B and I'm supposed to get base salary + incentives based on the number of patients that I see. However, my base salary doesn't meet the prevailing wage and my lawyer cannot file until we find a salary survey that will make my salary meet the prevailing wage. Of course, if I add up all the benefits and the incentives, it will be over the prevailing wage but my lawyer told me that I can only list my base salary on the new H1B which is less than the prevailing wage. I've already signed the contract and I don't really want to modify it. I don't know what to do. Anybody with any ideas or similar experiences?
I appreciate your help.

 

[hadron]

The H1b regulations are specifically written to exclude the base+tips system. So, your base has to be prevailing wage.

 

[posmd]

Options

Hadron is correct your base salary must meet or exceed the prevailing wage.

Perhaps the only wiggle room you have would be to redo the contrast for you to then pay malpractice, CME, 401Ks and other such "discretionary" things yourself. In other words your contract would be at or above the prevailing wage but not include all that stuff, then you pay it on your own. I am not aware of those routine benefits as being required for inclusion in a prevailing wage determination.

If you are already currently in a job, why not just look around for other better options? Surely your employer would understand that such a contract is not applicable if it does not meet H1b requirements. If as you say your wage+production was certain to exceed the prevailing wage, I am sure your employer would have been more accomodating with the base salary. Careful with this opportunity.

 

[july1375]

Somebody told me (not a lawyer) that if you are going to be working with FQHC, your salary doesn't have to meet the prevailing wage. Is that true? My lawyer doesn't seem to know anything about it.
Anybody heard of it? I don't know if I should change my lawyer.