richie6311
New Member
Hello,
Background:
I'm on H-1B since June 2005 with the same company. My LC (EB2) was approved in Sep 2007 and I-140 was approved in late 2008. The prevailing wage on both LCA and LC is around $79,500.
Issue:
First six months of this year (2009), my employer paid me half the salary (based on $40,000), then in July I was back on $80,000. So for the whole year, my W-2 would show around 60,000 which is 20,000 less than my prevailing wage on both LCA and LC.
Will this affect my I-485 application whenever my priority date becomes current? Should I ask for a retropay of $20,000 from the employer just to show $80,000 on my W-2? (I would have to return the money to my employer). Sueing the employer is not an option for me.
Please advice. I would appreciate your prompt help.
Background:
I'm on H-1B since June 2005 with the same company. My LC (EB2) was approved in Sep 2007 and I-140 was approved in late 2008. The prevailing wage on both LCA and LC is around $79,500.
Issue:
First six months of this year (2009), my employer paid me half the salary (based on $40,000), then in July I was back on $80,000. So for the whole year, my W-2 would show around 60,000 which is 20,000 less than my prevailing wage on both LCA and LC.
Will this affect my I-485 application whenever my priority date becomes current? Should I ask for a retropay of $20,000 from the employer just to show $80,000 on my W-2? (I would have to return the money to my employer). Sueing the employer is not an option for me.
Please advice. I would appreciate your prompt help.