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EB2 and prevailing wage
- Thread starter cooldesi
- Start date
rest_2004_free
Registered Users (C)
If you are in old process...
From my understanding...the moment you apply you should be getting paid that much...with PERM it is very true. However I have seen in the past so many people getting their GCs I am sure all of them were not getting paid the prevailing wage. Technically speaking INS can query at any time. At 140 stage definitely, the company in that case has to show them the ability to Pay documents instead of your paystubs or along with you paystubs...I think.
All I am saying is there is a ray of hope, but if they want to screw people they can. I seriously think how many individuals are actually getting paid 90k or whatever is their prevailing wage...in this market. So just go in the flow. Take it easy.
From my understanding...the moment you apply you should be getting paid that much...with PERM it is very true. However I have seen in the past so many people getting their GCs I am sure all of them were not getting paid the prevailing wage. Technically speaking INS can query at any time. At 140 stage definitely, the company in that case has to show them the ability to Pay documents instead of your paystubs or along with you paystubs...I think.
All I am saying is there is a ray of hope, but if they want to screw people they can. I seriously think how many individuals are actually getting paid 90k or whatever is their prevailing wage...in this market. So just go in the flow. Take it easy.
cooldesi said:Does employee have to be paid prevailing wage from the day he starts applying for GC. For example if I want to apply for GC EB2 Perm and prevailing wage for job code is 90k and at present I am getting 54 k. Will it work?
antonioa77
Registered Users (C)
rest_2004_free said:From my understanding...the moment you apply you should be getting paid that much...with PERM it is very true. However I have seen in the past so many people getting their GCs I am sure all of them were not getting paid the prevailing wage. Technically speaking INS can query at any time. At 140 stage definitely, the company in that case has to show them the ability to Pay documents instead of your paystubs or along with you paystubs...I think.
All I am saying is there is a ray of hope, but if they want to screw people they can. I seriously think how many individuals are actually getting paid 90k or whatever is their prevailing wage...in this market. So just go in the flow. Take it easy.
from what i understand ,u r saying that even when DOL tells u that ur prevailing wage doesn't meet the required one for Eb-2, you can go around it and still file for EB-2.
how would u do that with DOl, what u will tell them and what r ur proofs? what is thr trick?
regards,
rest_2004_free
Registered Users (C)
that is a good question...
I am not sure how they do it...when you file labor, I do not think you send in your paystub only with 140 you show them you ability to pay or paystub...etc...atleast my lawyer did not ask for paystub from me...maybe comp provided that already....I think I am not sure..I know that I am getting paid 8% less than prevailing wage, I have crossed state labor...in BEC..now.who knows what the future is...
who will get paid 90k tell me in this market...how come so many people are getting their GCs....I think it has to do something with ablility to pay stuff...I am not sure..I could be wrong and there are people who are applying in some other way I guess....
I am not sure how they do it...when you file labor, I do not think you send in your paystub only with 140 you show them you ability to pay or paystub...etc...atleast my lawyer did not ask for paystub from me...maybe comp provided that already....I think I am not sure..I know that I am getting paid 8% less than prevailing wage, I have crossed state labor...in BEC..now.who knows what the future is...
who will get paid 90k tell me in this market...how come so many people are getting their GCs....I think it has to do something with ablility to pay stuff...I am not sure..I could be wrong and there are people who are applying in some other way I guess....
antonioa77 said:from what i understand ,u r saying that even when DOL tells u that ur prevailing wage doesn't meet the required one for Eb-2, you can go around it and still file for EB-2.
how would u do that with DOl, what u will tell them and what r ur proofs? what is thr trick?
regards,
in pre perm cases I know ability to pay is the big thing and if company is financially sound, how much you are getting paid now does not matter much
But in Perm it seems prevailing wage is more important. I was reading somewhere that after March 8th company has to pay 100% of prevailing wage.
But in Perm it seems prevailing wage is more important. I was reading somewhere that after March 8th company has to pay 100% of prevailing wage.
antonioa77
Registered Users (C)
APD said:The fact is that the company must pay the prevailing wage on GC approval and not while the GC is under process. But if the diffrence between the 2 is big then it may raise red flag and more queries.
Good Luck.
so u r saying that the only way to get around the prevailing wage issue is to promess the DOL and USCIS that the determined high prevailing wage for EB-2 will be paid after GC is approved?
does it mean that u can keep getting paid the same amount u r getting during processing GC althoug it s less than PW of EB-2?
my understanding, once u have the green card, u can leave the company and nobody anymore will care.Am' I right?please can u elaborate on the issue?
Doctrine of good faith relationship
I think a lot of things depend upon the doctrine of good faith relationship.
Take the case GC is for future job so you can apply for GC from Company A without joining and can still keep working at Company B. Once your GC is approved you anyway dont need to join Company A and can still keep working at Company B or join some other company. But what comes in picture here is this doctrine according to which if you are going to have long/permanent relationship with the sponsoring employer ( company A) you should be working there at present also. That is the reason company A paystubs are expected during I-140 phase ( since that is the first time you deal with USCIS rather than DOL).
Extending the same logic you should be paid the same salary today as is promised on green card application. That is my view I dont know how USCIS interprets it, therefore I asked this question.
I think a lot of things depend upon the doctrine of good faith relationship.
Take the case GC is for future job so you can apply for GC from Company A without joining and can still keep working at Company B. Once your GC is approved you anyway dont need to join Company A and can still keep working at Company B or join some other company. But what comes in picture here is this doctrine according to which if you are going to have long/permanent relationship with the sponsoring employer ( company A) you should be working there at present also. That is the reason company A paystubs are expected during I-140 phase ( since that is the first time you deal with USCIS rather than DOL).
Extending the same logic you should be paid the same salary today as is promised on green card application. That is my view I dont know how USCIS interprets it, therefore I asked this question.
antonioa77
Registered Users (C)
cooldesi said:I think a lot of things depend upon the doctrine of good faith relationship.
Take the case GC is for future job so you can apply for GC from Company A without joining and can still keep working at Company B. Once your GC is approved you anyway dont need to join Company A and can still keep working at Company B or join some other company. But what comes in picture here is this doctrine according to which if you are going to have long/permanent relationship with the sponsoring employer ( company A) you should be working there at present also. That is the reason company A paystubs are expected during I-140 phase ( since that is the first time you deal with USCIS rather than DOL).
Extending the same logic you should be paid the same salary today as is promised on green card application. That is my view I dont know how USCIS interprets it, therefore I asked this question.
ok what simply i wana know is: if my RIR application that have a PW less than the one of EB-2 , but the eta 750 job description requires a Master degree.
1-would my application be accepted by DOl?
2-if no,what r the possible changes that i should do?
3-if it is accepted, how should i proceed at later stages (uscis and later)?
thanks
rest_2004_free
Registered Users (C)
There was some ruling from the INS fellow...
I remember reading it, in 140 stage, company has to show the ability to pay proof, that includes company documents blah blah or the current paystub. Ablity to pay proof from the comp should suffice along with a good lawyer. Do you know the third highest profession in this country is working as a lawyer...and their median income is 90k(source msn.com). There is no way in this market an average position is going to get 90k in IT. Thousands of folks are getting their GCs...
In the old process, it used to work, now everything changes with PERM. I know GC is for future job, no wonder many people filed multiple labors from various comps and jumped whenever the labor of one comp got approved to join them....in fact you can go back to your country and join the same company saying I was on vaction...all the days during your vacation, you will not get paid. The moment you join you can get that salary...and still run your gc process.
I remember reading it, in 140 stage, company has to show the ability to pay proof, that includes company documents blah blah or the current paystub. Ablity to pay proof from the comp should suffice along with a good lawyer. Do you know the third highest profession in this country is working as a lawyer...and their median income is 90k(source msn.com). There is no way in this market an average position is going to get 90k in IT. Thousands of folks are getting their GCs...
In the old process, it used to work, now everything changes with PERM. I know GC is for future job, no wonder many people filed multiple labors from various comps and jumped whenever the labor of one comp got approved to join them....in fact you can go back to your country and join the same company saying I was on vaction...all the days during your vacation, you will not get paid. The moment you join you can get that salary...and still run your gc process.
APD said:The fact is that the company must pay the prevailing wage on GC approval and not while the GC is under process. But if the diffrence between the 2 is big then it may raise red flag and more queries.
Good Luck.