Wage is Different in the approved Labor Cert

C

caveatemperor

Registered Users (C)
Please help me. I have received from my attorney my approved Labor Cert which was filed through PERM. The wage offered is above the PW but it is less than what is actually being offered by my employer. I am on an H1B status right now. My actual salary is $62,000+ the PW was $49,473. The offered wage indicated on the approved labor cert was FROM: $49,773 TO" ____ (blank).

WHat should I write on the I-140 application. WHich wage should I use? My employer has the ability to pay my actual wage. If I indicate on my I-140 application the actual wage ($62,000), will they deny my application because on the approved labor cert, the wage is much lower ($49,773).

PLEASE HELP!!! Thank you!!!
 
Chill out dude

I think you are ok. If SWA prevailing wage is much lower than what you are getting paid...you should be fine. The only rule they have is that you should not be getting paid lower than the prevailing wage. Even if you do get paid lower then they would ask for Ability to Pay.

Actually if you had found a proper ONet job code that matches your pay criteria then you may qualify for EB-2. I suspect the 49k must be for EB-3 Category.

caveatemperor said:
Please help me. I have received from my attorney my approved Labor Cert which was filed through PERM. The wage offered is above the PW but it is less than what is actually being offered by my employer. I am on an H1B status right now. My actual salary is $62,000+ the PW was $49,473. The offered wage indicated on the approved labor cert was FROM: $49,773 TO" ____ (blank).

WHat should I write on the I-140 application. WHich wage should I use? My employer has the ability to pay my actual wage. If I indicate on my I-140 application the actual wage ($62,000), will they deny my application because on the approved labor cert, the wage is much lower ($49,773).

PLEASE HELP!!! Thank you!!!
Click to expand...
 
You must log in or register to reply here.
Top