Hi all,
My PW is more than current wages and lawyer refused to file my case as he says that I should be getting PW at the time of Filing. I took a second opinion and that lawyer said this is not true and there is no linkage between LC and H1B.
My lawyer's argument is as follows:
If you are in H-1B status and you are working in the same job and for the same company listed in the labor certification application, and the EDD determined that the prevailing wage is higher than the one that you are getting and the employer knows that, then you will be in violation of your H-1B status and the employer will be violating the rules by paying you less -- not with regard to the labor certification, but with regard to your H-1B.
Whom should I believe?
Thanks for reading.
My PW is more than current wages and lawyer refused to file my case as he says that I should be getting PW at the time of Filing. I took a second opinion and that lawyer said this is not true and there is no linkage between LC and H1B.
My lawyer's argument is as follows:
If you are in H-1B status and you are working in the same job and for the same company listed in the labor certification application, and the EDD determined that the prevailing wage is higher than the one that you are getting and the employer knows that, then you will be in violation of your H-1B status and the employer will be violating the rules by paying you less -- not with regard to the labor certification, but with regard to your H-1B.
Whom should I believe?
Thanks for reading.