Prevaling Wage and I485 filing

nikhilr

Registered Users (C)
Hi,
My GC processing is currently in process. Labor approved, I-140 approved and waiting for priority dates to get current for I-485 application.

There is one issue though - My current BASE pay is abt 13-14% lesser than the prevaling wage for my position. But, the ACTUAL pay (BASE + BONUS + Matching 401K + PROFIT SHARING) goes 20% above my prevailing wage. Also, last 3 years, my W2 shows a pay way more than the prevailing wage.

My employer says that they will not allow I-485 to be filed until my wage increases to meet the prevailing wage requirements. Considering the annual pay hike ranges for my employer, it might take 3-4 years for my BASE pay to reach the prevailing wage specified.

Out of the other pay components, the following (401K, PROFIT SHARING) are not performance related. Only BONUS is really performance related. If the non-performance related (401K, PROFIT SHARING) components are considered, I will be above the prevailing wage limit.

Does anyone know of any solution to the prevailing wage issue (other than getting a 14% hike in pay)? Is there ANY ANY way to get around this issue?

Thanks,
NikhilR.
 
Top