Interview postponed by company twice...

S

solitaryseeker

Registered Users (C)
Please provide your input all you GC gurus.....Here is my sad story
My comp has asked me not to attend CP interview because my salary is 5% less than prevailing wage. I know that is not much if I go now I could get the visa. However the comp is raising all our paychecks in sept by 7%. They asked me to wait till that time or apply 485 now. My whole case is in Chennai, what are my chances if I go with 485 now...who knows there are layoffs in the offing that could cut me...if I apply 485 now would I be able to save myself even if I do not make the 6 months mark...should I wait till sept and take my chances for CP...

Please post info and your valuable comments....

:confused:
 
Postponement of CP interview.,

solitaryseeker ,

I am sorry about the situation, but you shoud take comfort in sence that, every one has problems, the colors change, that's
all.

The whole point of these forums is to take strength from the other members, and glide over the problem.

Coming to the issue:

Are you saying that your current wage is 5% less than the prevailing wages. This is unusual.

Your LC salary could not have been less than the prevailing wages. If you are saying that your current salary is 5% less than the LC salary, then you are fine. You can safely attend the CP inteview.

On the other hand if your wages is 5% less than the prevailing wages and thereby the LCA wages( which was the basis for your
H1B Visa) then it is a clear voilation on the part of the employer.

Clarify this and you would probably here a lot more from other members.

Good luck.
Raju
 
thanks..my salary is less then LC value

Obviously I guess I am not sure what prevailing wage is...but I know for sure that my current salary is less than what is quoted on LC..for GC. Please tell me whether it is better to go with 485 now ...or take a risk and stick with CP...
 
LC salary vs LCA salary

Can somebody explain the subtle difference between LC salary and LCA salary?

Thanks.
 
LC and LCA

As far as my knowledge goes.....

LCA ( Labor Clearance ( approval or application, I am not sure and have to check ) is a step in H1B Visa.

The employer applies to the local Department of labor for an LCA
before he would be allowed to apply for an H1B visa for an employee.

They would specify the wages they intend to pay for the hired employee, which should be equal to or more than the prevailing wages for that type of position.

Once they take the employee on board, the employer is required to pay the wages mentioned in the LCA. Otherwise it would be a violation.

LC: Labor Certification is the first process in the Immigrant visa
( GC ) procedure.

This is obviously for a future position, and the employer specifies the wages which he intends to give for this position.

The DOL expects a search to be made in the local job marked for any suitable person. On proving that they were unable to find any talent locally, they will say that the position would be offered to such and such a person ( usually a foreigh national ) who would then become the beneficiery for the LC.

The employer is bound by law to pay the LC salary to the applicant after the immigrant status is attained.

As long as the candidate is drawing a salary which is equal to or more than the LCA salary . THEN even if the said salary is less than the LC salary , it is OK.

If the salary is less than the LCA wages , then there might ( I can not use the word 'will' here ) be a problem. I do not think there would be any difference , how this impacts the case, between the CP and AOS.

What does your attorney say in this matter?

Raju
 
Two layers of bureacracy

There is a two layers of bureacracy between me and my attorney. I have to e-mail my questions to my HR rep, which then forwards the questions to Attorney's paralegal (who is in different city than mine), who in turn mails the filtered questions to the Attorney (In a different state and city) than myself and paralegal office.

Hence I have to depend on forum like this to ask simple, silly questions.

Thanks for your detailed reply.
 
Last edited by a moderator:
same for me too...I have to tell HR

I know for sure my H1 is fine...the difference is only with LC....comp does not want me to go..because they are scared when I come back they will not immediately pay me that much.
 
LCA and LC Salary

Hi Guys,

Here is what i have gathered from the different sites and forums.

If your salary is more than LCA i.e the labor you had applied when u got your H1B for this job, then you are fine.

If your salary is less than LC i.e the labor applied for your GC Application , then you are fine because the employment letter given to consulate should and will clearly state that you will receive the salary in LC (GC) after you get your permanent residency approved.

Also, wanted to clear one point that you or your company might be seeing the LC (GC)salary and not the LCA (H1B)salary and making their judgement call. I think you should make your decision and let your company and lawyer know about it.

Hope this helps, and dont worry ok. We will help you in what ever info we can gather ok.

VinCP.
 
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