Question about LC and GC

C

cardaspirant

Registered Users (C)
Hi,

Please bear me if this gets too long or boring but thought I would like to explain the exact situation.

I am on H1-B. My H1 is held by a small company(Say H1Corp) based in NJ and they have a office in Delaware also.

Now I know some contacts through which the owner of a company(let'scall -Alpha Inc.) offered me work at this office in MD. Alpha Inc decided the hourly rate (which was very less but better to have something than nothing). They send a check for my hours worked every 15 days to my H1 holding company who inturn deduct 10% as their commission, 10 % as the company tax which they pay on behalf of employee!! and rest is gross pay. So 80% of the check sent is my gross.

This is the kind of contracting job.

We hired an attorny for filing green card. The lawyer ran an Ad in ComputerWorld and then sent for Labour Certification through Delaware State as my H1 holding company has office in Delaware also.


My question is
1) Hourly rate paid is $16.25. so 80% of 33800 = 27000 comes on my payslip per annum generated by H1Corp - Will this ever be a problem when the GC process progresses.

2) H1 holding company is in NJ, I am working in MD, and Labour Certi. is filed through Delaware. I am confused as to how this is going to work out. (Only proof that I work in MD is my residential address - My paslip deducts NJ state Tax) Please let me know any issues this might have in the future or impact my GC processing.

3) The lawyer filed for labor Certi. thorough DE in Jun 2003. I saw the mail receipt. But there is no receipt from DOL - Delaware. He says that DE doesn't send the receipt. How do I check the status of my Labor Certification then.

Thanks for reading through the entire message and Hope i will get some useful tips from you.

Thanks once again.
 
See Inline.........

1) Hourly rate paid is $16.25. so 80% of 33800 = 27000 comes on my payslip per annum generated by H1Corp - Will this ever be a problem when the GC process progresses.

It depends upon the prevailing wage in your area for the offered position. You might be fine for now but employer do need to attest to the fact that they are going to pay you prevailing wage once GC is approved

2) H1 holding company is in NJ, I am working in MD, and Labour Certi. is filed through Delaware. I am confused as to how this is going to work out. (Only proof that I work in MD is my residential address - My paslip deducts NJ state Tax) Please let me know any issues this might have in the future or impact my GC processing.

It's fine because you have mentioned in your post that your company has office in DE also. I guess they did that becuase DE is much better than NJ in LC processing

3) The lawyer filed for labor Certi. thorough DE in Jun 2003. I saw the mail receipt. But there is no receipt from DOL - Delaware. He says that DE doesn't send the receipt. How do I check the status of my Labor Certification then.

Check other thread(s) on this forum and see how other members have done that in past
 
Thanks a lot for the reply,

Still I am a bit confused about working in MD, filing GC through Delaware and H1 through NJ company and payslip shows tax being deducted for NJ. I assume H1 is for a specific location. in which case H1 is for NJ office location but GC is filed through DE office. Won't it create any problems ??

Thanks a lot once again.
 
Regarding GC, it's OK. I don't see any problem cause it's all about future job and as long as attorney knows what he/she is doing you should be fine.

Regarding H1, check with your employer. Usually one needs to get LCA (and new H1) if there are changes in job condition/location.
 
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