URGENT: prevailing wage $$ is higher than my salary

L

Leopold

Registered Users (C)
Everyone, asking your advice!
My prevailing wage came back about 6% higher than my current salary. I'm 3 weeks and 1 year until my 6 years on H1 expire. If they don't file PERM within 3 weeks, I loose ability to extend to 7th year H1 and get PERM without leaving the USA for 1 year.
The HR and manager are saying that they can file PERM, that there is certain "range" of prevailing wage.
On DOL website (http://workforcesecurity.doleta.gov/foreign/perm.asp)
it says:
The employer must pay at least the prevailing wage for the occupation in the area of intended employment.

I talked to the lawyer that's working on my case and she says that I should take this issue to HR. However they can still file for PERM.

Problem: what my understanding is that if they file for PERM and show my salary is lower than prevailing wage, this PERM application is doomed for denial. Is it possible otherwise? Has anybody been in a similar situation?

My time is running out. The company has been promising to file PERM since October last year, but has been delaying for whatever legitimate reasons.
 
No problem if salary is less than PWD

Hi - At PERM stage, wage actually paid by the employer to the employee is not checked at all. Don't forget that green card is for future employment. Only thing which is needed is that the employer needs to certify that they will pay prevailing wage when GC is approved. The only question will come in late in last I-485 stage. They might RFE your wage. If the wage is just a few % less, I guess it should not be a problem as employee can argue that they will increase the pay after GC approval. If it is unreasonably less, then mostly case will be denied.

Now you said that your wage is just 6% less.. I think it is not even an issue at all... By the time I-485 is filed, most probably you will get past that wage easily.. at least will be very close...

just to mention.. my salary is about 15% less than PWD when my PERM was filed. My case is still pending for last 7 months and have received audit in an unrelated matter.
 
Wage lower than prvailing for me as well

In my case as well my wage was about 5% less than PWD. I filed perm and got it approved last week without any problems. As long as the difference is reasonable considering the company increases it should not be an issue.
 
Everyone, thank you very very very much for the clarification. This data explains why HR has been telling me that it's ok to have prevailing wage higher than my current salary.
 
PW must be < current salary if I'm employed by that company now?

I did some research at other forums:
If I'm employed currently by company A and company A is filing for my PERM, they must be paying salary equal or higher than prevailing wage BEFORE they file for PERM. IS THIS TRUE?
 
prevailing wage for EB2 category

Hi

Can anybody in the forum send me the link that mentions prevailing wage & job title for EB2 category? I have very less knowledge about the GC Process. My company is planning to file GC under perm process in couple of months. Just wanted to gain some knowledge before I go and speak to an immigration lawyer.

Help would be appreciated.

Thanks
 
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