required PW in RIR for Eb-2?

A

antonioa77

Registered Users (C)
I have a pending RIR case in SWA for more than 1 yr. in form 750, the job desription ask for MS degree in civil engineering which i have but my wage is a little above the level 1 wage for my occuption but far less than the level 2 one.

would DOL asks to revise my wage in order to qualify for EB-2 to reach level 2 one? if my employer would not accept to change my wage to the level 2 one, what r my alternatives? would dol refuse my application? or uscis later? can u explain?

I appreciate ur help.
 
Your PW might have been determined by SWA before your lawyer submitted the RIR LC, if your lawyer requested for it. Check with your lawyer, Whether he had requested PW for your position when he applied the LC (Usually they do). If the salary mentioned in your LC is atleast 95% of the PW determined by SWA, you are OK. Do not confuse level 1 or level 2 at this stage.
 
Gc_puli said:
Your PW might have been determined by SWA before your lawyer submitted the RIR LC, if your lawyer requested for it. Check with your lawyer, Whether he had requested PW for your position when he applied the LC (Usually they do). If the salary mentioned in your LC is atleast 95% of the PW determined by SWA, you are OK. Do not confuse level 1 or level 2 at this stage.
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well my lawyer just printed the wage level from internet, he didn't request Swa determination of PW. this is whyi think he did a msitake with me by requiring a master degree with a level 1 wage in order to qualify for Eb-2. what do u think?
 
antonioa77 said:
well my lawyer just printed the wage level from internet, he didn't request Swa determination of PW. this is whyi think he did a msitake with me by requiring a master degree with a level 1 wage in order to qualify for Eb-2. what do u think?
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Well. You may or may not get into a problem. It will be depend on the the adjudicator when they are processing your LC. If they do not see PWD form along with other LC documents, they may check the PW online for your position. If they determine the PW for your posion based on 2005 OES data, should be (as your postion requires MS degree) level 2 or 3 or 4, they may asks the employer to increase the salary. Then, your employer is obliqued to the salary what DOL says when you get GC. On the other hand they may simly deny your LC, based on your employer is not paying right salary (95% of PW). It is my openion. Consult with qualified attroney.
 
Gc_puli said:
Well. You may or may not get into a problem. It will be depend on the the adjudicator when they are processing your LC. If they do not see PWD form along with other LC documents, they may check the PW online for your position. If they determine the PW for your posion based on 2005 OES data, should be (as your postion requires MS degree) level 2 or 3 or 4, they may asks the employer to increase the salary. Then, your employer is obliqued to the salary what DOL says when you get GC. On the other hand they may simly deny your LC, based on your employer is not paying right salary (95% of PW). It is my openion. Consult with qualified attroney.
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my lawyer says the company should pay me th PW once the DOl asks them about the PW because u r working in that position now. whereas a friend says,it is for future employment although u r working in that position currently so they have to pay u once u get the GC.
what is the accurate answer?the lawyer's one or a friend?
 
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