Prevailing wage query in Michigan

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bhshirolkar

Registered Users (C)
Hi Guys,

I got a query from Michigan Labor Dept. saying my wage is
lesser than prevailing wage in Michigan. My lawyer contacted the
concerned officer and tried to explain that the wage mentioned
in the application is appropriate, but the officer is not in
the agreement with the lawyer. Now my lawyer is suggesting
following options.

1. Ask Micihgan Labor Officer to forward my case to
Chicago Regional Office (per the lawyer, for the wage query
ultimate say is of regional office not the state labor dept.)

2. Do a wage survey and resubmit the query.

Let's say if I go for the option 1 ...

And if Chicago Regional Office is also not agrees then
what happens ?

If I go for option 2...

How much time it would take to approve my case and
what happens if survey is not acceptable ?

The wage difference is around 20k and my employer is not
willing to change the wage.

Any one of you came across this type of query or if you have any suggestion please let me know ASAP.

Regards,

BHShirolkar
 
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Wage problem..

One of my friend got the same query from Michigan state..stating that the wage listed in LC is far less than prevaling wage. His lawyer replied to SESA stating that the client is willing to pay only this much salary for this position.

It's already 2 months but he didn't hear anything from SESA.

Actually what is ur Priority date and is it EB3 or EB2???
 
Prevailing wages are clearly posted on DOL website. If you do earn less, simply forward to regional won't help. You have to submit your own survey.
 
Prevailing wages are clearly posted on DOL website. If you do earn less, simply forward to regional won't help. You have to submit your own survey.

I argued with my lawyer saying the same thing, she says Chicago Regional Office already knows that because of bad job market condition salarys are not according to the prevailing wage, so they should approve my case. But I don't know what happens if Chicago Regional Office don't consoder that.
 
link from DOL..

Can anyone Please post a link in the DOL Site where i can find the prevaling wages for each occupation..
 
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Hi Guys,

Again I talked to my lawyer and she says that there should not be any problem in asking MI Labor Dept. to forward my case to
Chicago Regional Office. She has seen many many cases got approved which has this type of problem. My designation is shown as Analyst Programmer and per her salary should be
between 55K to 66K and MI Labor Dept comes with the figure
87K, it clearly shows that MI Dept Officer is looking at some different position or looking at wrong place.

Please let me know which are the good/acceptable wage
surveys for Michigan State.

Experts please advise.....
 
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Does DOL require your employer to pay you the prevailing salary
now or just promise to pay you that salary once your I485
approved?
 
I have the same problem, from chicagoland area. My application was returned yesterday for prevailing wages concern, and my lawyer is going to submit a survey from a company called
watson wyatt.

http://www.watsonwyatt.com/

She said this is a very reputed company and it usually comes with a number far less than what the State Department sets.

Hope this helps?
 
Hi everybody,

I was notified by my attorney yesterday that they received a prewailing wage query on my application (RIR - PD 05/03/2002). They think that the prevailing wage for my job should be $94,764.80 (I do not know that they pay this much for a Systems Analyst with 3 or 4 years experience these days). When I checked the Online Wage Library provided for Systems Analysts in the area I am working (http://edc.dws.state.ut.us/owl.asp), the Level 2 wage is $70,000. I am not sure why there is almost $25,000 difference between the two wages.

Yesterday, I talked to our HR and they feel that $95k is very high and want to rebutt it with submitting some survey. Also, they decided to increase the current prevailing wage to be just above the the figure (around $72k, currently $64k) that will come out of our survey.

So, if any one of you has any suggestions or comments, I would really appreciate it.

And also, please let me know what is the normal timeframe for approval where there is a query and what are the odds that the application will be rejected?

Any comments (or info) on the prevailing wage queries are appreciated.

Thanks in advance,
RRavipati
 
For rravipati

Hi RRavipati,

My previous lawyer screwed up my case badly, query was the same like you, ultimately I changed my lawyer and new lawyer
reviewed the RIR with my job description in ETA-750 form, he
talked to Mi-Labor Officer, and corrected ETA-750 forms and
resubmitted and my case got approved within 10 days.

My designation was Analyst Programmer and based on
the description given by my previous lawyer, they were
considering me Hardware Engineer and decided the
prevailing wage 87K and PW for Analyst Programmer is
just 64K.

Ask the query document from your lawer, in the document labor
dept must have mentioned the Job Code, even though your labor
is filed as a SA, based on the job description and RIR they can
put in different catagory.

Take that Job Code and go to the state web site and verify
that under which catagory they are considering you.

My experience is, some times labor dept is at fault but I would give 70% waitage to the lawyer, if lawyer is good he/she can
handle anytype of query.


Good Luck,


BHShirolkar
 
Thank you bhshirolkar

Thank you for your answer. It is good to know that your case is approved and it gives me some kind of hope and relief. My attorney is also planning to talk to the Labor Cerification Officer (CO) and then sumbit the calrification/adjustment depending on that.

Thank you,
RRavipati
 
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