Billto I am exactly in the same situation as you are, pls post if you had any replies. BTW the law states that the LC salary has to be paid only after the GC approval, so technically speaking they can pay you lower salary before your GC is approved. In your case if they are paying you lower salary then for your I140 to get approved the company only needs to show that they have the ability to pay the difference. For eg if the LC salary states 70LK and you are being paid 50K then the company has to show the ability to pay the remaining 20K only.
Read the below text
2. Murthy Takes Action : NSC on Ability-to-Pay Issues
It is possible, upon occasion, for attorneys belonging to the American Immigration Lawyers
Association (AILA) to pose specific questions to the USCIS Service Centers or local USCIS
Offices for guidance, clarification, and/or confirmation on procedures, policies, and
interpretations. The Law Office of Sheela Murthy submitted two questions through the AILA
Liaison to the Nebraska Service Center (NSC) for clarification regarding an employer's ability to
pay the offered wage. As regular MurthyDotCom and MurthyBulletin readers will likely recall,
the employer's ability to pay the prevailing wage is required for the approval of the I-140
immigrant worker petition. This matter has received heightened attention since the issuance of a
USCIS memo dated May 4, 2004. In part, the Memo authorized examiners to deny cases based
on the ability to pay without issuing any Request for Evidence (RFE). We covered this Memo
extensively in our May 21, 2001 MurthyBulletin article, USCIS Memo on Ability to Pay
<http://www.murthy.com/news/n_uscmem.html>, available on MurthyDotCom.
Employer to Submit Ability only for Wage Difference
The first matter on which we requested clarification was whether, under the May 4, 2004 "Yates
Memo," it is sufficient, when the foreign national / beneficiary is working for the sponsoring
employer and earning less than the offered labor certification wage, to simply submit evidence of
the employer's ability to pay the difference. The NSC confirmed that the employer only needs to
submit evidence of its ability to pay the difference between the offered wage and the wage that is
already being paid by the sponsoring employer. Thus, for example, if an employer is paying an
employee $60,000 per year for a position with an annual prevailing wage of $70,000, the
employer will only need to submit evidence of how it can pay the extra $10,000 per year.