Prevailing wage issue

nikhilr

Registered Users (C)
Hi,
My current wage is lesser (abt 10% less) than the DOL recommended wage for my position. Due to this, the attorney says that I-485 cannot be filed even if the EB category becomes current.
My W2 shows a pay more than the DOL recommended wage because of performance bonuses. DOL does not consider performance bonuses to compute wages because these are "performance based" and are not "steady" wages.
Any idea how to get over the prevailing wage issue for my case?
Thanks,
NikhilR.
 

whitemimauz3

Registered Users (C)
nikhilr
To adjudicate I-140 there are 3 parameters, beneficiary's payroll, employer's net income and employer's net current assets, the shortfall between what you are getting paid currently and what is proffered salary should and can be met with these parameters (interchangeably). W2 does not shows whether an individual got paid for performance based or some other issues, w2 is w2, so long as it fulfills requirements for I-140, it is satisfactory to adjudicator. try to send those respective years employer's corporate tax returns (from labor priority until today's date) along with your I-485
 

nikhilr

Registered Users (C)
So, is there any rule (which i can provide to my attorney) that if my W2 has earnings more than the prevailing wage, then I need not wait until the base pay goes above the prevailing wage.

Thanks,
NR.
 

nscagony

Registered Users (C)
The pay for the I-140 is the future salary after approval. The company has to show they can pay it to you if you don't make it already now. There is no requirement to earn that much now.
 

eldrick

Registered Users (C)
Please help?

Hello,

But what if the current salary is lower than the offered wage. The job title and salary is way different from mu husband's current title and salary. My husband already got his green card but still tied up with his current project.

Now, I got an interview as a derivative and if they ask for my husband's EVL, they will see that the numbers and job title are totally different.

Any advice please?

Thank you.
 

hotguynyc

Registered Users (C)
Your employer does not need to pay salary approved in your LCA.
He is willing to pay that money once your GC is approved.

He do not need to start paying salary apprroved right away after your I-140 is approved.

Provided that position is available at that time
 

eldrick

Registered Users (C)
What if GC is already approved?

Hello,

In my husband's case, his GC is already approved. But, his employer is not paying him the offered wage.

Now, I have an interview as a derivative. If they ask for EVL, it will show my husband's salary to be way lower than the prevailing or offered wage.

Please help. Please advice?

Thanks!
 

eldrick

Registered Users (C)
Can you please answer me also?

Hello,

Can you please help with my question above also? Please?

Thank you!
 

nikhilr

Registered Users (C)
Dear nscagony,
So does that mean that my I-485 can be filed if my EB category becomes current?
Thanks,
NikhilR
 
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