lowering of wages

[lalalala]

hi everyone
i have been following and learning from this forum for a long time. i am in my second year of J1 waiver in HPSA area
unfortunely there might be some circumstances in which my wages might be lowered to below the previaling wages
how will it affect
1. my NIW process(self sponsered), 1- 140 and 1-485 filed concurrently early this year, Fp done
2. my labor certification process(sponsered by my current employer) now in the federal level at atlanta
( i have filed for both processes)
please give your opinion . is it strongly advisible not to change the wages and bear the circumstances

 

[J1victim]

lowering of wages ----

hi everyone

i have been following and learning from this forum for a long time. i am in my second year of J1 waiver in HPSA area. unfortunely there might be some circumstances in which my wages might be lowered to below the previaling wages. how will it affect


>>> It all depends on How much ur wages will be lowered. if <10% probably nothing. But if the difference is more, then you may have trouble.

1. my NIW process(self sponsered), 1- 140 and 1-485 filed concurrently early this year, Fp done

>>> when they check ur W-2 at time of I-485 adjudication, then you may have trouble. What kind and what level, i don't know. haven't come across someone with similar problems. may be someone has a predence?

2. my labor certification process(sponsered by my current employer) now in the federal level at atlanta

>>> definitely at level of I-140 adjudication. They need proof of employer's ability to pay and need last few pay stubs if you are working for the same employer. If u r working for an employer other than the sponsoring employer, still they need proof of ability to pay.
Again small difference in wages can be ignored, but not a big difference.

(i have filed for both processes)

>>> Best thing to do


please give your opinion . is it strongly advisible not to change the wages and bear the circumstances

>>> yes. Consequence? ... loose ur job, peace of mind ......

>>> Another problem that may come (and you missed/probably don't know):

If ur wages are lower than ur LCA salary --- when you do H1 transfer to another employer, you will need last 3 pay stubs before applying for transfer. So you will have problem, unless you call the DOL and complain against the employer for lower wages.

 

[lalalala]

thanks

thanks for your reply Ji victim, if my labor gets approved in a reasonable time i want to substitute my 1 140 and 1 485 already filed via NIW, any potential problems with that
anyone else who has had similar situation please comment
thanks

 

[lalalala]

thanks for the reply
1. i was under the impression that labor is for future job , so long as employer promises the wages once green card is approves and its a strong corporation should it be suffice
2.if i understand correctly you are suggesting i have to apply for a second 1-140 once my labor is approved ,
3.these days considering the 1-140 is not opened until the date for 1-485 comes how how can the priority dates be tranferred from my NIW 140 and 485 already filed
thanks