New Jersey SESA Tracker

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Got NOF from NY DOL

Hi,

I am new to this Thread. Can someone update excel spreadsheet with my info ?

EB2/RIR
Job Title : Software Engg
Qualification : C++/UNIX/Shell Scripting/Oracle (MS degree in Computer Engg from USA)

NJ DOL Appl received : 8/27/01
NY DOL received : Not known
Got NOF Query from NY DOL : 7/15/01
Query is regarding Prevailing wages from NY DOL

My Current salary (Lower 70s) is below prevailing wages. NY DOL is asking my employer to send them letter confirming to increase my salary to atleast lower range of Prevailing wage upon receipt of my greencard.

I read on this thread that Employer has to agree to increase the wage upon receipt of the Green card. Many people on this thread got Labor approved this this kind of NOF in Wages.

Does anybody know what should be complete format of such a letter that should be sent to NY DOL ? Employer is kind of hesitating to issue this letter to Lawyer (eventually to NY DOL) in fear. Employer is saying that They can not guarantee to increase salary but they can write something like "We wish/plan/expect my salary to be increased to X Amount once i get greencard"

I will apreciate any help.

depressed_gc
 
Hi mailgc2001,

what is your skill set and what was the category filed in labor(eb3/eb3 etc,,) ?
Also please request "kr2002" to update excel sheet with your data as I do not have permissions to add information. sorry for the inconvenience.

thnaks.
 
Finally i got my labor

I got my labor cleared after a long wait. My employer called and informed me that my labor is approved.

I filed in Sept 10 2001 . approved on july 14th 2003

will post more details once i get the complete info
 
Need help on NOF for Prevailing wages

Hi,

EB2/RIR
Job Title : Software Engg
Qualification : C++/UNIX/Shell Scripting/Oracle (MS degree in Computer Engg from USA)

NJ DOL Appl received : 8/27/01
NY DOL(Regional DOL) received : Not known
Got NOF Query from NY DOL : 7/15/01
Query is regarding Prevailing wages from NY DOL

My Current salary (Lower 70s) is below prevailing wages. NY DOL is asking my employer to send them letter confirming to increase my salary to atleast lower range of Prevailing wage upon receipt of my greencard.

I read on this thread that Employer has to agree to increase the wage upon receipt of the Green card. Many people on this thread got Labor approved this this kind of NOF in Wages.

Does anybody know what should be complete format of such a letter that should be sent to NY DOL ? Employer is kind of hesitating to issue this letter to Lawyer (eventually to NY DOL) in fear. Employer is saying that They can not guarantee to increase salary but they can write something like "We wish/plan/expect my salary to be increased to X Amount once i get greencard"

In My pay stubs, Under "EARNINGS", there are two sub-sectionn namely
Compensations $ X
Benefits $ Y
------------------------------
Gross Pay $ X+Y

My Gross Pay X 12 Months ( i get monthly Paid ) is in +/- 5 % range of Prevailing wage.

On My ETA 750 Part A, My Compensation is used in Column 12 and annualy compensation is less than Current Prevailing wages. That's why NY (Regional DOL) has issued NOF.

In short, my Employer/Lawyer doesn't have any clue about it.

I appreciate any response from you guys.

Thanks.

-depressed_gc ( I mean Depressed by GC)
 
Josrini,

Josrini,

did u hear anything from NY DOL. As one of my friend's date is also same thats june 21st.Its almost a month now.
Would appreciate a reply.

Thanks!
:confused:
 
Hi gc_labor_pain,

I work for corporate company (Telecom software company with about 3.5K employees). But i work more on software side with my skill set posted on previous post.

Please visit follwing site:

http://workforcesecurity.doleta.gov/foreign/750inst.asp

Look for Part A Item 12 Rate of Pay. Item 12 says only commisions/bonus/incentive are excluded from wage. I believe company 401K matching and Health/Dental benefits can also be counted towards wages. I read this on other immigration portal site. i have conveyed this to my company. Let's see what happens next.

-depressed_gc


Originally posted by gc_labor_pain
Hi Depressed_gc,

Is it yours corporate company? or s/w consulting firm ?

Thanks.
Click to expand...
 
Originally posted by depressed_gc
Hi gc_labor_pain,

I work for corporate company (Telecom software company with about 3.5K employees). But i work more on software side with my skill set posted on previous post.

Please visit follwing site:

http://workforcesecurity.doleta.gov/foreign/750inst.asp

Look for Part A Item 12 Rate of Pay. Item 12 says only commisions/bonus/incentive are excluded from wage. I believe company 401K matching and Health/Dental benefits can also be counted towards wages. I read this on other immigration portal site. i have conveyed this to my company. Let's see what happens next.

-depressed_gc
Click to expand...

Item 12. Rate of Pay. Enter a guaranteed wage and the unit of pay, such as $7.00 per hour, $850 per month, or $12,500 per year. Wage offer cannot be based on commission, bonuses, or other incentives, unless the employer guarantees a wage paid on a weekly, bi-weekly, or monthly basis

If you are getting salary, then it is INCLUDED, see above.
One of my friend's lawyer made arguments and submitted calculated amount for Salary Package (Take Home + Deductions + Benefits), he proved it as "Real Income" in response to NOF from CT labor.
Please refer and discuss your package with your employer/lawyer
 
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