After GC, is it necessary to stick Prevailing wage?

[khodalmd]

After GC, shall we have higher pay than the Prevailing wage mentioned in the LC? Shall we accept promotion in six months of GC?
One of my friend has $ 70408 Prevailing wage in LC and his current pay is $70,200 and got GC recently. Is it necessary to match $70,408?

 

[hopeofgc]

After GC, shall we have higher pay than the Prevailing wage mentioned in the LC? Shall we accept promotion in six months of GC?
One of my friend has $ 70408 Prevailing wage in LC and his current pay is $70,200 and got GC recently. Is it necessary to match $70,408?

Gurus,
I am in similar situation. I got GC recently. I am drawing higher pay scale around 10K more than prevailing wage mentioned in LC.
Do we need to match the salary mentioned in prevailing wage in LC after getting the GC? or Can we accept the higher position in the same position ?

Please let me know.

 

[maverick13]

I didnt know getting paid higher than GC prevailing wage was an issue, I always thought converse was a problem!
I was paid 10K more than my LC prevailing wage during my 485 process too and it was specified in the employer EVLs, but didnt have any issues with approval.
Will be interested to know the answers from experts...

 

[hopeofgc]

I didnt know getting paid higher than GC prevailing wage was an issue, I always thought converse was a problem!
I was paid 10K more than my LC prevailing wage during my 485 process too and it was specified in the employer EVLs, but didnt have any issues with approval.
Will be interested to know the answers from experts...

You even specified the 10K more pay in EVL also ? But i didn't when i got the RFE last yr because my lawyer told me putting higher pay of 10K or more may pose problem.
However, i took lose of pay vacation for 2 months in last yr, so annual pay for last yr turned out to be same pay as in prevailing wage in 2006.

 

[Jackolantern]

Prevailing wage rules state that the employee must be paid at least the given amount, but has nothing against paying more.

Higher pay than the LC prevailing wage is not a problem, unless it is so ridiculously higher that they would think it is a different job.

 

[maverick13]

yes...infact in RFE EVL too..basically EVL wrote the true salary, which is about 10K higher...
And no it wasnt an issue since we got GCs approved....as per my attorney, getting paid higher than the PW is never an issue..

You even specified the 10K more pay in EVL also ? But i didn't when i got the RFE last yr because my lawyer told me putting higher pay of 10K or more may pose problem.
However, i took lose of pay vacation for 2 months in last yr, so annual pay for last yr turned out to be same pay as in prevailing wage in 2006.

 

[little_bug]

You even specified the 10K more pay in EVL also ? But i didn't when i got the RFE last yr because my lawyer told me putting higher pay of 10K or more may pose problem.
However, i took lose of pay vacation for 2 months in last yr, so annual pay for last yr turned out to be same pay as in prevailing wage in 2006.

this may be true, my lawyer purposely wrote exactly the prevailing wage on my RFE even I made more at that time.

 

[ttliang]

Paid less than prevailing wage after GC

Will it be a problem if paying less? Just gold GC this May and the employer tell me straigh they wouldn't pay any higher. Should I quit the job once reach 6 mo after GC?

 

[Micronesia]

After GC, shall we have higher pay than the Prevailing wage mentioned in the LC? Shall we accept promotion in six months of GC?
QUOTE]

I think this issue was an non-issue so far.
I believe CIS will never be interested to go for this issue UNLESS some one complians--by employee(if being underpaid) or by a third party (grevious on)both employer and employee-- of a collusion of fraud but will this case holds any waterat all?None much I beleive.Ultimately that case may dismissed as 'frivolous'!
So if you hav e to worry for only for 1%.(there are balance 99% of things to worry about)
Enjoy the salary(little lower or higher),work with the employer for 'considerable??' period and lead a happy life and 'naturalize' when due if you wish to.
that's it.

 

[Jackolantern]

Will it be a problem if paying less? Just gold GC this May and the employer tell me straigh they wouldn't pay any higher. Should I quit the job once reach 6 mo after GC?

How much lower are they paying you? Do you get any bonuses that would push your annual total above what is on the LC?

Obviously they must want you to leave if they won't pay the stated salary while knowing that you have a GC.

 

[Jackolantern]

I believe CIS will never be interested to go for this issue UNLESS some one complians--by employee(if being underpaid) or by a third party (grevious on)both employer and employee-- of a collusion of fraud but will this case holds any waterat all?None much I beleive.Ultimately that case may dismissed as 'frivolous'!

If one is underpaid (relative to the salary on the LC) and applies for citizenship right upon hitting the 5-year mark, the list of employers for the past 5 years would include the employer that was immediately following the granting of the green card. If the USCIS officer wants to get nasty they could compare tax returns and paystubs with the labor certification to see if there was underpayment.

 

[Jackolantern]

Just wait for 6th or 7th year....

And they're probably not going ask about salary anyway. People report being asked about leaving the sponsoring employer, but I haven't seen anything about being questioned on what their salary was right after the GC.

 

[Micronesia]

If one is underpaid (relative to the salary on the LC) and applies for citizenship right upon hitting the 5-year mark, the list of employers for the past 5 years would include the employer that was immediately following the granting of the green card. If the USCIS officer wants to get nasty they could compare tax returns and paystubs with the labor certification to see if there was underpayment.

Regarding salary underpayment and related issues CIS is not totally quarantined in airtight chamber but they are exposed to facts and the vagaries of the industry at many times(if not under fraud) and just they may not go just by the rule it self.
For example,in the downtrend era--2000,there were many cases known to CIS in H1/GC category , were underpaid and they reconciled to this (though not official) and reconciled for pay stubs submission with less than the stipulated .(This doen't mean it is always a safe-go philosophy for the applicant but just to show how CIS views the actual conditions prevalent).
If they suspect 'fraud' with 'preoponderance' of conditions/docs. prevailng and in circumustances they won't spare that .