Prevailing wage question

G

gc_retrogress

Registered Users (C)
Hello All,

I have a PW question, since my filing of PERM, my wage increased to $29k over PW. Ever since my PERM was filed, I have been making more than PW. Infact when my I-140 was filed I was making 10K more than PW. Now after filing I-485 I am making $29k more than PW.

What are my future problems?

Can we argue that since I am working at an offsite location I am making this much but when I move to the permanent location my company will pay me this much?

My case details are as follows

EB-3
I140 approved last year
I485 filed this year.

Thanks,
:)
 
It is only an issue if it is so much higher that USCIS thinks it is not a "same or similar" job.

$20K to $49K might be suspicious. But probably not $60K to $89K.

And depending on the industry, the acceptable variations may be even greater. For example, a doctor could progress from $80K to $200K in a few years while still being the same type of doctor.
 
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Whn did you file lc? I filed mine on 2004 and since then my pw has gone up. According to DOLETA it went up 31%. So research if the prevailing wage for your job went up you should be ok. Do they expect that we dont get raises in the 4 years we have been waiting? I was making more money that LC says when I was hired!
 
gc_retrogress said:
Hello All,

I have a PW question, since my filing of PERM, my wage increased to $29k over PW. Ever since my PERM was filed, I have been making more than PW. Infact when my I-140 was filed I was making 10K more than PW. Now after filing I-485 I am making $29k more than PW.

What are my future problems?

Can we argue that since I am working at an offsite location I am making this much but when I move to the permanent location my company will pay me this much?

My case details are as follows

EB-3
I140 approved last year
I485 filed this year.

Thanks,
:)
Click to expand...
gc_retrogress,
Bottom line, I have not seen any case was denied because of one is getting more wages than the PW. if you check the Yates Memo came out in May 2005, its clearly written that no petiton will be denied based on difference in PWs. Logically I understand that if the wage is Lower than the PW than there could be problems but other-way-round, I am sure there won't be any problem. The maximum what USCIS can ask for is to get a proof (a letter) from employer that you are working on the same skills as mentioned in your labor certificate. if you search some postings here you will know that some of the cases got approved with the Wages almost or more than double the wages mentioned in the Labor certificate (PW).
 
If a programmer/analyst went from $60K to $150K, you wouldn't believe he was still a programmer/analyst, especially if he is not an hourly paid consultant. You'd think he's an assistant IT director or something like that.

But if he went from $60K to $90K, that is still within the usual range for being a programmer/analyst.

They won't deny your case based on the wage difference alone (unless maybe if the actual wage is lower than the PW). All that happens is that an enormous difference might raise suspicions that it is a different type of job. But there is no hard and fast rule. Whatever profession you are in, you should have an idea of what is in the normal range and what would raise some serious eyebrows.
 
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