salary being less than prevailing wage

chicchu

Registered Users (C)
I came to know abt the link http://www.flcdatacenter.com/CasePerm.aspx for the first time today reading from one of the posted msgs last year. This website showed me lot of useful info. By this I saw my husband's case in the 2004 mdb and were flabbergasted that his lawyer filed the case as non RIR. His lawyer was all the while saying about advertising and interviewing in his conversations in the past before filing his case. We were all the while being told as the case was a RIR case by the lawyer, but that is not what I see there in the mdb.For a non RIR case is advertising and interviewing required ?One more imp question- he put my husband's salary as 65k and the prevailing wage as 67k - is that right. I thought the salary should alteast equal to the prevailing wage
Thanks
chicchu
 
I don't understand quite all you are saying.
Anyway, RIR, non-RIR, PERM - all require recruitment. non-RIR requires recruitement after filing while PERM and RIR required recruitment before filing (therefore faster).
There might have been good reason for filing non-RIR versus RIR - for instance if the priority date for 7th year extension (365 days before H-1B expiration) is a consideration. If not planned carefully, there might not have been enough time to file RIR.
Wage should of course be more than PW - that's why this whole thing is being done.
 
small correction

The PW with PERM should be a 100% match but, with the process before that, a 5% difference in the PW is acceptable. So, a Salary of 65K should not be a problem though the PW is 67K.
 
chicchu said:
I came to know abt the link http://www.flcdatacenter.com/CasePerm.aspx for the first time today reading from one of the posted msgs last year. This website showed me lot of useful info. By this I saw my husband's case in the 2004 mdb and were flabbergasted that his lawyer filed the case as non RIR. His lawyer was all the while saying about advertising and interviewing in his conversations in the past before filing his case. We were all the while being told as the case was a RIR case by the lawyer, but that is not what I see there in the mdb.For a non RIR case is advertising and interviewing required ?One more imp question- he put my husband's salary as 65k and the prevailing wage as 67k - is that right. I thought the salary should alteast equal to the prevailing wage
Thanks
chicchu

Can someone please tell me more about this list. This is the first time I saw this. Why under Case_Type PERM is mentioned when all the cases were filed the regular way? How often do they update this list? cause I applied LC in Dec 2004 but I don't see it in here. Thanks.
 
Until Sep 2004

I guess you do not see your case in the list beacuse the list is only upto Sep 2004 which is the end of Fisical year.
 
gc_2006, You might be right that he might have had a reason for doing a nonRIR case because myhusband was approaching at the end if his 5th year at that time. The lawyer wasted lot of time without applying after we gave all the papers . My guess is that he did not have enough time to do the RIR process and and filed it as nonRir. But the thing I so did not like is the hact being hidden from us. self_file - thanks for the 5% info . rocky_cool, my case was also applied in 2004 and it went to Phili backlog center. My husband's case went to Dallas backlog center and his case was filed in 2003. I called up dallas center last week to just ask if they really started processing the cases after reading the latest FAQ released on BLCs, they said they r processing 2001 currently. So, I think I am really far away in this process as of now
 
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