Salary issues

ashokdarsh

Registered Users (C)
Hi all,
My company is going to apply for my Labor in June. My salary right now is 40K & the prevailing wages that we got from MN DOL is 47K.
My attorney is saying that my company would be required to pay the $47K salary once I get my GC process done. My company can't guarantee anything & is not comfortable making a commitment 2-3 years down the road. What can we do to comfort
this issue ?
I cannot wait any longer than June 26th to apply my labor 'cos I cannot extend my H1 after that. Is there any other way to convince my employer ???
What would the INS ask for to check my salary, & when / what stage?

Has any one faced this issue & got thru with this.

Please help me.

Thanks
APA.
 
Your relationship with your employer is very important!!!

Personally, I think your relationship with your employer is very important, especially in small company.
 
Wage Issues

Just some thoughts : Wages could in some cases include bonus' etc. Depends on how the salary is structured. Secondly, I believe that a range of 5% around the prevailing wage ($47k in your case) is acceptable. Finally since the minimum wage has to be paid once you get the GC i.e. after your 485 is approved - it could be 2-3 years from today. Assuming a 3% raise every year you should come up to close to $44k after 3 years, about $1k pa away from the required range. I think you should try to work on this angle and persuade your employer. Of course me not being an attorney you should speak to an attorney before doing anything, and in any case if your employer hears this from attorney it may make them more amenable to believing this.

Good Luck and keep us posted.
 
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