485_applied Posted September 2, 2016 Report Share Posted September 2, 2016 Hello, I never looked my PWD that I was provided by my employer. Yesterday I looked at it and found that the salary I have now is lesser than certified Prevailing Wage. My I-140 is already approved and bio-metrics service has been finished. Can someone tell me if it okey or Should I ask my employer to raise my pay to meet PWD? Or is my employer is required to pay at least the PWD amount. Since I like working for my employer how should I approach so that I get pay equivalent to PWD. Regards, Link to comment
JoeF Posted September 2, 2016 Report Share Posted September 2, 2016 Is this the prevailing wage for the H1 or for the GC? They actually can be different. The GC is for a job in the future, so when the GC is approved, you need to be paid the wage listed on the PERM. But of course, there could be an RFE for ability to pay if you are working in the same job and get paid less than the prevailing wage. This should be discussed as a potential problem with both the employer and the lawyer. Link to comment
485_applied Posted September 8, 2016 Author Report Share Posted September 8, 2016 JoeF, Thank you for your response. It is the prevailing wage for GC. What I understood is I-140 is where they verify the ability to pay, I could be wrong. My I-140 is already approved and so I do not think RFE will be issued for ability to pay. My salary is more than what it was on PW for H1B. I am still not clear if employer are required to pay at least PWD, what I wanted to know is when is the right time to bring this to my employer attention that I am paid lesser than PW. Should I wait till I get my GC, My biometrics has been completed for I-485 two weeks ago. I had my PERM filled on November 2014 for EB2 for rest of the world (other than INDIA and CHINA). Regards, Link to comment
Attorney_15 Posted September 9, 2016 Report Share Posted September 9, 2016 An employer is only required to pay I-140 offered salary once the Beneficiary becomes a Lawful Permanent Resident. Link to comment
485_applied Posted September 9, 2016 Author Report Share Posted September 9, 2016 Attorney_15, Thank you it is helpful. Link to comment
sumitsingh83 Posted February 22, 2017 Report Share Posted February 22, 2017 Is the prevailing wage once established during PERM/I-140 process remains constant or does it change every year till I-485? Link to comment
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