AC-21 and Wage Question

IL_LABOR

Registered Users (C)
I am in the process of getting an employment letter from my employer for using AC21.

I am presently working on an hourly basis which is more than twice the amount of what my Green Card Labor was approved for.

I am still working with my new employer on an H1 as I am still single and I need to bring my wife to US on H4. I have not yet used my EAD.
My New Employer sponsored my H1 LCA with an annual salary of $80K. Presently my Paystubs show the hourly rate which is far more than $80K. I got my H1 approved which is in exactly the same job description and the salary is also 25% more than approved labor salary.

My Question is:

What would be the better option:

a) To get the Employment letter in $80 K ( The LCA amount for H1 )
b)Get the employment letter in the hourly rate * 2080 ( No of hours in one year )


My Hourly rate is based on project to project. If I work on a project on which the hourly rate is less than what I am presently getting then I may not be able to justify the very high annual salary which I am presently getting. In that case getting a letter of $80 K per year will be better ( I think ).

When the RFE comes in the last stage of approval , does the immigration officer match the W2 figures with the paystubs hourly rate?

Please advice what option should I go for?

Thaks
il_labor
 
Dont worry

Our Gcs were approved with a w2 with more than twice the wage on the LC. I wanted to enclose an explanation with the employment letter but the lawyer said no, the CIS do not care if it is more.

Hope this helps -- good luck! :)
 
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