The prevailing wage in my LC (90k) is significantly higher than my current wage
(15k higher). The company is not willing to file I-140 because of the big gap.
Experts do you think the folliwng is a possible solution to save my LC in stead of filing a new one?
a) The company change my offer, by converting my benifits
into my base salary. That is, I will be a full-time employee
without benefits, such as insurance, etc. In this case, my base
salary would be close to the stated prevailing wage.
b) File I-140 (and cocurrently I-485) with the "new" salary.
In this case, the company did not lose anything. As far as I know,
INS only cares upon I485 approval, the company is obliged to pay
the prevailing wage as in the LC. There is no rule saying the employer must provide benefits (though I do have other kind of benefits such as paid vacation, etc) also.
Is this legal and possible? Anyone has similar experience?
Pls advice, thanks.
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1st July 2003 02:47 PM
(15k higher). The company is not willing to file I-140 because of the big gap.
Experts do you think the folliwng is a possible solution to save my LC in stead of filing a new one?
a) The company change my offer, by converting my benifits
into my base salary. That is, I will be a full-time employee
without benefits, such as insurance, etc. In this case, my base
salary would be close to the stated prevailing wage.
b) File I-140 (and cocurrently I-485) with the "new" salary.
In this case, the company did not lose anything. As far as I know,
INS only cares upon I485 approval, the company is obliged to pay
the prevailing wage as in the LC. There is no rule saying the employer must provide benefits (though I do have other kind of benefits such as paid vacation, etc) also.
Is this legal and possible? Anyone has similar experience?
Pls advice, thanks.
Report this post to a moderator | IP: Logged
1st July 2003 02:47 PM