Prevailing wage issue for green card application

A

anonymous12

Registered Users (C)
I am a researcher/faculty and working for a university. I have applied for labor certification. Prevailing wage for my Labor Condition application (H1b) was 10K less my actual salary.

My work can qualify under many categories like microbiologist, immunologist, scientist or post secondary teacher and prevailing wage under each category is different. Under some categories current prevailing wage is 5K more than my current salary and under some it is less.

Now my questions are:

Prevailing wage for Labor certification application (green card) is same as Labor Condition application (h1b)?

Who will bring up the issue of prevailing wage and at which stage of application e.g. Labor department (state or fedral), BCIS or during I-485/consular processing or at any stage?


Since I have applied for the labor certification and now I am waiting to hear an answer soon. If this issue can some up at any stage of green card (e.g. labor certification or I-140/1-485) of the application, in this case should I attach a copy of up to date survey for the same category used for my H1b-Labor Condition application (although original survey has expired) along with my I-140 application or should I wait unless Labor department or BCIS asks for it?

My concern is, if labor department or BCIS issue a RFE then it is wastage of time and money as well.

Could any one help me finding the answer for this question?
 
QUOTE=anonymous12 I am a .............
Prevailing wage for Labor certification application (green card) is same as Labor Condition application (h1b)?

>>>> usually ALC salary is higher, but can be same as for H1B
look at this DOL website and check for the salary of your occupation:
http://www.flcdatacenter.com/owl.asp


Who will bring up the issue of prevailing wage and at which stage of application e.g. Labor department (state or fedral), BCIS or during I-485/consular processing or at any stage?

>>>> state labor, regional labor, CIS (I-140 and 485/CP) all of them.


Since I have applied for the labor certification and now I am waiting to hear an answer soon. If this issue can some up at any stage of green card (e.g. labor certification or I-140/1-485) of the application, in this case should I attach a copy of up to date survey for the same category used for my H1b-Labor Condition application (although original survey has expired) along with my I-140 application or should I wait unless Labor department or BCIS asks for it?

>>>> attach a survey that reflects the time period when ALC is filed. ALC salary and employer's ability to pay should be for the date the ALC is filed


My concern is, if labor department or BCIS issue a RFE then it is wastage of time and money as well.

>>>> Yes, but you got no choice. I have seen CIS issue RFE asking for documents that were sent with the original petition (may be they were not in the place that the CIS examiner wanted to see them).
what do you do in such a scenario? ---- send them again!!!!!


Could any one help me finding the answer for this question?

>>>> search the labor certification forum on the website
 
LCA and Labor Cert

Prevailing wages for Green card Labor cert and LCA (H1) differ if the future job offer is different from the H1b job offer.

You can fill up the Minimum wage application form (your state) with correct job title/Description to EDD, they will give correct wage with in 3 weeks time.
Correct job title and description check with EDD site of your state.
 
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