Question regarding wage and I-485

R

Rajeev Seth

Registered Users (C)
Hi,

I am planning to file my labor certification through my desi consulting company. They pay me much lower than is reasonable looking at my education and experience. After talking to couple of people I have come to know that it is ok if the employer is not paying me the correct wages at this time. While filing labor certification, we can mention that employer will pay me correct wages once my GC is approved (since GC is for future employment). My questions are:

1) When does employer have to pay me the correct wages (that we mention in LC). Or even if he does not pay me that, all my GC stages will move forward smoothly. Does INS or Department of Labor ever ask for the pay stubs?

2) I heard that it is now ok to leave the company once 6 months are over filing I-485. Is it true. So you dont need any visa if you leave the company after 6 months (assuming you get your EAD)? I mean, lets say I got my EAD and after 6 months I leave the company and then my employer cancels my H1B. Will I be in status in this situation.

I will really appreciate if you can answer these questions.

Thanks

Rajeev
 
Originally posted by Rajeev Seth
Hi,

I am planning to file my labor certification through my desi consulting company. They pay me much lower than is reasonable looking at my education and experience. After talking to couple of people I have come to know that it is ok if the employer is not paying me the correct wages at this time. While filing labor certification, we can mention that employer will pay me correct wages once my GC is approved (since GC is for future employment). My questions are:

1) When does employer have to pay me the correct wages (that we mention in LC). Or even if he does not pay me that, all my GC stages will move forward smoothly. Does INS or Department of Labor ever ask for the pay stubs?
Ans:There are less chances of asking your paystubs .

2) I heard that it is now ok to leave the company once 6 months are over filing I-485. Is it true. So you dont need any visa if you leave the company after 6 months (assuming you get your EAD)? I mean, lets say I got my EAD and after 6 months I leave the company and then my employer cancels my H1B. Will I be in status in this situation.
yes thats true you can leave the company once after filing I-485 and finishing of 6 months .but your 1-140 should be cleared that time .As you are filing 140/485 concurent you are taking that buffer time also .. But technically your 1-140 should be cleared if you want to move the company though 485 and 6 months finishes also .. So you better be with the company till your 140 approval and 485+6 months.
see 485 is basicaly adjustment of statsu and by the time you will be EAD status .. you dont need a H1 then . You have workpermit right ????

I will really appreciate if you can answer these questions.

Thanks

Rajeev
Click to expand...
 
Rajeev

Your employer can pay you less now but He is bound to pay what is written on LC when you get your GC.... Well very little chances of BCIS gonna check on that but you can legally ask for the Written Salary from your company after GC.

Yes, You can change job after 6 months of I-485 using your EAD & AC-21(Portablilty) & keep on renewing EAD every year.. I would still prefer to get New H1 to be safe in case something happens to GC process & gets denied.
 
I am not sure about your case in particular, but your employer should be paying you same or above the national average for your position, otherwise they fall foul of the H1 laws which also requires that the companies pay you the prevailing wages.

Most of the cases the H1 will get less pay than one with a GC/citizen, but then that is just the law of the jungle I guess. Right now, you are at a disadvantage and they will make use of your situation, when you get your GC, you will make use of their situation, where they need you and you will demand more than they can afford, thats capitalistic lifestyle - deal with it.

001
Originally posted by Rajeev Seth
Hi,

I am planning to file my labor certification through my desi consulting company. They pay me much lower than is reasonable looking at my education and experience. After talking to couple of people I have come to know that it is ok if the employer is not paying me the correct wages at this time. While filing labor certification, we can mention that employer will pay me correct wages once my GC is approved (since GC is for future employment). My questions are:

1) When does employer have to pay me the correct wages (that we mention in LC). Or even if he does not pay me that, all my GC stages will move forward smoothly. Does INS or Department of Labor ever ask for the pay stubs?

2) I heard that it is now ok to leave the company once 6 months are over filing I-485. Is it true. So you dont need any visa if you leave the company after 6 months (assuming you get your EAD)? I mean, lets say I got my EAD and after 6 months I leave the company and then my employer cancels my H1B. Will I be in status in this situation.

I will really appreciate if you can answer these questions.

Thanks

Rajeev
Click to expand...
 
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