Help please: RIR-Prevailing Wage vs. Actual Wage

N

nist

Registered Users (C)
Please help me on these questions:

Will there be any problem if the actual wage is much higher (say $15K or 20K higher ) than the prevailing wage?

For example, if a position has a prevailing wage of $45k for level I, $75k for level II, while my actual wage is 60k, can I use $45 k (level I) in my application (for ETA750 and ads)? Or should I use $60k (still use level I) in my appliation?

Thanks for your help.
 
Thanks Hexamon.

Can you also let me know: If I do use $45K in the application and got approved, can my company pay me ~70k (assuming my salary was raised during the process) when I got the green card, or does the salary has to be close to $45K? And how does INS find out how much my company actually was paying me at that time?

Thanks again.
 
Of course you can. For one thing, there is nothing illegel about raising the proposed salary, for other - it's unlikely INS will ever find it out after you pass I485 :). From that point on, you better watch for IRS, not INS :D
 
Thanks again hexamon. It's of great help.

I wonder whether you can help me on another question:

I am a PhD with no working experience. Since I can only use Level I for my application, my planned ad will require 'BS with two years experience'. Is this appropriate for a PhD applying for Level I? Or should I use 'BS with three (or four, or one) years experience'. I guess the experience can't be 5 years or more, since that'll raise the level to level II. Is my understanding correct?

Thanks!
 
I don't think I can help you with this one. INS (not DOL) can be very picky when it comes to comparing LC and applicant data at I140 stage. You might want to see an Immigration laywer and get a proper legal advice.
 
Thanks Hexamon. Sometimes attorneys give contradicting information. I hope I can eventually figure this out.
 
The problem is that you have the required education (several times over) but you still do not have the requisite 2 years experience. You will need to work with the attorney handling your case to determine what is acceptable. This evaluation is very fact specific and detailed and is beyond the scope of what can be accurately done in this forum.

The requirements must be the minimum that are acceptable for the position, your qualifications are not relevant as long as they exceed the requirements for the position.
 
Thank you Jim.

Does this mean that a PhD or MS with 0 year experience doesn't normally qualify for 'BS plus 1-5 years experience'?

I was also wondering about another question: when posting an ad that requires a PhD with no WORKIGN experience, but must have background in a certain area (such as carbon nanotube material), how should this be put in the ad? Is something like :

'PhD with 0 year WORKING experience, x year RESEARCH experience in carbon nanotube synthesis' acceptable?

In other words, how should the RESEARCH experience gained during PhD study be included in an ad? I know that phrases like 'background in', 'ability to' should be avoided.

Thanks for your help.
 
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