APPROVED L/C Exp Issue_PLS HELP

M

Mona123

Registered Users (C)
Hi,
My husband has got an "Pre-approved" Labor from an "X" company.
the qualification & skill set matches.
But the experience does not match.
Problem is :The LC which was filled 2 yrs back needed only "2yrs " of exp where as my husband has 8yrs of total exp ( 6yrs US +2yrs India)
Since LC was filled 2 yrs back, so we can say that 2yrs back my husband exp was 6 yrs.Also the salary mentioned in the Labor is less thanwhat my husband is getting.
Do you think this would be a issue if he takes that Pre-approved Labor or it should be fine.
Pls help????
Regards,
Mona
 
I do not see any problem with the experience. DOL says that the employer can only require the minimum experience required for the position. Salary poses a greater challenge. USCIS sometimes takes the position that paying a higher wage indicates a willingness to may more money and argues that the proffered wage should be increased. I disagree. Since the employer can only require the minimum experience required for the position, it seems to me that the wage level should be the salary for a minimally qualified person for that position. Those with greater qualifications may make more.
 
Thanks for the reply Jim.

I understood the experience part but I didn't understand the salary part at all.Can my husband get more salary than what is offered on the Labor certificate or not? ( Labor salary mentioned on the certificate is above the prevailing wages so that's fine ).Will UCIS create problems if he get's more salary (30 - 40% more) than what is metioned on the labor.
 
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