Briefly about my case and then the questions;
I have been with Company A since 2005 and they filed for my LC in April 2006 which was approved. Then they filed for my I-140 in August 2006, which was also approved.
Then I applied for my I-485 in July 2007, and have since got me AP and EAD.
I am now planning to change my employer based on AC21, since I have an approved I-140 and over 180 days have already been passed.
Company B has offered me employment on full time position based on my EAD. But now they have come back with a concern;
In my LCA, my Wage was specified as being $48/Hr (over 90K), but I never received that kind of money from Company A, all I got was $25/hr.
Now Company B is offering me $33/Hr (65K), which is good for me compared to the $25/Hr I am getting (from Company A).
So Company B is saying that they can not go ahead with my employment, as they can not offer me $48/Hr which they will have to maintain if my AC21 has to be valid. They have asked me to continue with Company A till I get my GC and then only will they take me.
So my questions are:
1. If the wage mentioned in my LC was $48/Hr, then how come Company A has managed (legally) to pay me only $25/Hr all this time? In fact even in my W2's from Company A only $25 is mentioned.
2. If Company A has been paying me $25, then can't a new employer (Company B) pay me $33 and employ me? Since it's more than what I have been getting.
3. What options do I have if I really want to change my employer using the AC21?
and finally...
4. Will there be any inquiries or problems in getting my GC approved considering this wage difference that Company A is offering me? $25 instead of $48.
Thank you all, any help would be appreciated.
J.
I have been with Company A since 2005 and they filed for my LC in April 2006 which was approved. Then they filed for my I-140 in August 2006, which was also approved.
Then I applied for my I-485 in July 2007, and have since got me AP and EAD.
I am now planning to change my employer based on AC21, since I have an approved I-140 and over 180 days have already been passed.
Company B has offered me employment on full time position based on my EAD. But now they have come back with a concern;
In my LCA, my Wage was specified as being $48/Hr (over 90K), but I never received that kind of money from Company A, all I got was $25/hr.
Now Company B is offering me $33/Hr (65K), which is good for me compared to the $25/Hr I am getting (from Company A).
So Company B is saying that they can not go ahead with my employment, as they can not offer me $48/Hr which they will have to maintain if my AC21 has to be valid. They have asked me to continue with Company A till I get my GC and then only will they take me.
So my questions are:
1. If the wage mentioned in my LC was $48/Hr, then how come Company A has managed (legally) to pay me only $25/Hr all this time? In fact even in my W2's from Company A only $25 is mentioned.
2. If Company A has been paying me $25, then can't a new employer (Company B) pay me $33 and employ me? Since it's more than what I have been getting.
3. What options do I have if I really want to change my employer using the AC21?
and finally...
4. Will there be any inquiries or problems in getting my GC approved considering this wage difference that Company A is offering me? $25 instead of $48.
Thank you all, any help would be appreciated.
J.