I-485 : salary much less than prevailing wage

[immi7]

Hi,

My current salary is about 19% less than the prevailing wage (obtained at the time of PERM filing). I see no scope of my salary being anywhere near the PW by the time my priority date becomes current.

I have following questions (please help!!!):

1) At time of I-485 will I need to provide a letter from employer stating that employer agrees to pay Prevailing Wage after I-485 approval or EAD? What are my options if my employer doesn't agree to give such a letter?

2) Any other issues I need to be aware of because of this difference between salary and prevailing wage?

Thanks!

 

[Jackolantern]

Are you still working for the same employer who filed PERM? If you did an AC21 job change with EAD the new employer is not obligated to pay the prevailing wage.

Are you still in H1B status? If yes, the employer needs to be paying the prevailing wage for the H1B job now. You may also be able to sue for back wages.

1) At time of I-485 will I need to provide a letter from employer stating that employer agrees to pay Prevailing Wage after I-485 approval or EAD? What are my options if my employer doesn't agree to give such a letter?

Yes, you need to provide that letter, however some people with uncooperative employers have managed to get approved without that letter (but they still have to send a copy of the I-140 approval, which you have to obtain from the employer).