Labor Query - need suggestions

[gkbash]

Hi, I received some queries from Labor department. If any of you had come across this, please advice any suggestions.

1. For my position DLLR is stating that my pay need to be Increased. What are the ways that I could suggest my company to increase my pay.
2. Reposting of the news paper add with increased pay for 10 consequtive days.
3. Re-justify Old news paper adds with tearsheets or affidavit of publication.
4. If I don't provide item-3, then it will be moved to non-RIR.

If item-4 happens, how this will work, what would be my status. I am in 7th year extension. Does my priority date will be moved to today's date. Could I file for 8th year extension.

Thank for your help.

 

[abcd123_123_3]

I am in the same boat. The Texas Workforce Commission came out with a reply that the wage offered in my LC is not meeting the prevailing wage set by DOL for this position and also mentioned that the RIR recruitment efforts are not adequate. My company Attorney responded with local wage survey justifying the wage and requested the LC to be processed under non-RIR. The TWC didn't accept the survey and forwarded the application to DOL Dallas for the final adjudication. I heard that most of the prevailing wage challenges will be lost and the company has to accept that they are agreeing to pay this wage at the time the alien gets his/her green card to get out of this issue. If the prevailing wage is not met and the company is not willing to amend it, then it is highly likely that the lc gets rejected by DOL regional office. As a final chance to keep it alive, we can appeal it in BALCA, which might take few more years and the outcome still might be not in favor of the alien.

In that process, I learned that if the paper ad didn't specify the salary, then the company need not go for re-advertisement. The internal posting needs to be re-done. The original priority date will remain in effect (your original RIR state filing date) even after converting it to non-RIR and you still will be eligible for 7/8 year extns if it is pending for more than an year until a decision is made.