Labor Certificate - prevailing wage issues

G

GYC

Registered Users (C)
Can anyone please help.

After years of wating of my LC, I finally get a intend to denial from Dallas center, the denial was based on lack of profs on been paid prevailing wage.
DOL asked me w2 from 1998 to 2000, I had two prevailing wage, the first one was obtained at MArch, 1998 at 50k, the second one was obtained at Aprial 2000 at 65k, if proporated, I had been paid that much.

However my lawyer wanted to send w2 from 2001 to 2005, that I had not been paid in full due to company diffuculties, from 2006, I have been paid well above the wage.

Should I submit any of the w2 from 2001 to 2005, or paystubs to DOL?
I like to hear some suggestion before I see my lawyer again.

thanks.
 
GYC,

Sorry to hear the NOF you received. However, isn't the prevaliling wage supposed to be paid when you obtain the GC but not in the labor period? Why the DOL send you the NOF like this? Could you please provide more detail about it? It can also help other victim here.

thanks

GYC said:
Can anyone please help.

After years of wating of my LC, I finally get a intend to denial from Dallas center, the denial was based on lack of profs on been paid prevailing wage.
DOL asked me w2 from 1998 to 2000, I had two prevailing wage, the first one was obtained at MArch, 1998 at 50k, the second one was obtained at Aprial 2000 at 65k, if proporated, I had been paid that much.

However my lawyer wanted to send w2 from 2001 to 2005, that I had not been paid in full due to company diffuculties, from 2006, I have been paid well above the wage.

Should I submit any of the w2 from 2001 to 2005, or paystubs to DOL?
I like to hear some suggestion before I see my lawyer again.

thanks.
Click to expand...
 
My lawyer said the certifier officer don't know the law. we decided not to send and w2 that was not asked( only been ask form 97 to 2000).
We just try to argued 65k shoud apply in the second half of the 2000 when the employer was asked to get that new prevailing wage, so the 65k should be beapplied to 1999 and 1998, the thing that makes me and my lawyer mad was they also ask my 1997 w2, at that time I have not started my Green card and LC application yet, that is why my lawyer say the cerified office know nothing about the law here. I hope my lawyer is right this time, he had been wrong in past that cost me waited so long.
 
GYC,

Thank you for your post.

If your lawyer believe the CO is wrong, why you still need to send the W2? and what do you mean the 65K applied to only 2nd half of 2000? Isn't the PW applied to the whole year?

thanks
GYC said:
My lawyer said the certifier officer don't know the law. we decided not to send and w2 that was not asked( only been ask form 97 to 2000).
We just try to argued 65k shoud apply in the second half of the 2000 when the employer was asked to get that new prevailing wage, so the 65k should be beapplied to 1999 and 1998, the thing that makes me and my lawyer mad was they also ask my 1997 w2, at that time I have not started my Green card and LC application yet, that is why my lawyer say the cerified office know nothing about the law here. I hope my lawyer is right this time, he had been wrong in past that cost me waited so long.
Click to expand...
 
hufx said:
GYC,

Thank you for your post.

If your lawyer believe the CO is wrong, why you still need to send the W2? and what do you mean the 65K applied to only 2nd half of 2000? Isn't the PW applied to the whole year?

thanks
Click to expand...

My lawyer said there is an old Mason Inc case that ruled that employer don't have to pay the prevailing wage.

Well They asked 1997 to 2000, so we send it, to prove that Employer are willing to pay and in good faith.

65K apply to second part of the years is that the Employer only knows this wage in July 2000, not Jan 2000
 
Nof

Hi Gurus ....

Today i have recd a NOF on my 4 years pending LC from PBEC... saying insufficient salary than Prevailing wage in middlesex county of NJ.

They asked my employer to give a offer letter stating the new salary number which is 40% more than my existing salary... based on my title and experience.

Any one know? from when he is suppose to pay this new salary? assuming he submit a rised salary offer letter? Is my employer suppose to pay immediatly from now or approval of GC?

Any light on this matter would be appreciated.
Thanks in advace.

---------------------------------------------------
PD august 1st,2002
45 day notice letter Nov 26 2005
NOF 28th July, 2006.
EB2 RIR NJ :eek:
 
Nof

Stunpad,
My understanding is that is if there is a change in the salary, then if yours is an RIR case, DOL might want to readvertise for the job..

I got a similar NOF from DOL about previailing wage.. I believe they selected the wrong field and hence the salaries were much higher there..

My lawyer + Company ended up purchasing a $600 survey from a 3rd party that detailed the local salaries.. (Oops... even that was a bit higher but much closer)..

Finally they ended up submitting the w2s which showed much higher salaries (as i get a good bonus).. That was a couple of weeks back..

Lets see what happens now..

Tom Puvathoor
 
NOF... rebut.... LC cleared

Hello Guys,


as I said earlier, I have amended the ETA750 to show rised salary, (what ever the DOL asked me to put it on paper) and reapplied.

Today My employer get a letter saying.. ETA750 has been approved.

EB2 RIR NJ
PD 2002 AUG 1ST
45DAY NOTICE. nov 2005
NOF 28TH JULY,2006
CLEARED AUG 28TH :)

All the best everybody.
 
Prevailing Wages

Hello Gurus,

Could anyone guide me on following?

Today my Attorny sent a sample ETA 750 which she is going to submit for SWA. In the column of rate of Pay is XXXXX, (which I am getting now)
Is it ok to put the same or shell we go for lesser amount?

Thanks in advance,

Ohio boy.
 
puvathoor said:
Stunpad,
My understanding is that is if there is a change in the salary, then if yours is an RIR case, DOL might want to readvertise for the job..

I got a similar NOF from DOL about previailing wage.. I believe they selected the wrong field and hence the salaries were much higher there..

My lawyer + Company ended up purchasing a $600 survey from a 3rd party that detailed the local salaries.. (Oops... even that was a bit higher but much closer)..

Finally they ended up submitting the w2s which showed much higher salaries (as i get a good bonus).. That was a couple of weeks back..

Lets see what happens now..

Tom Puvathoor
Click to expand...
puvathoor, can you tell us what happened? After your company showed the new report to DOL?
 
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