blueflower Posted January 21, 2014 Report Share Posted January 21, 2014 Hi,I will be eligible to use the AC21 if I do not hear back about my I485 in a few weeks. We want to use the AC21 to change the job location only. It will still be the same postion (GC position) same duties only thing changing is the location from east coast to bay area. After doing some research I believe that I should be able to do this but I have a question on the wage. The prevailing wage we got was for the east coast location but I will be moving to bay area location where the same position (same OES/SOC Code, OES/SOC Title and same Geo-level which for my case was level 2) has higher prevailing wage. My employer should pay me according to the prevailing wage in bay area location right? I believe they cannot just pay me the east coast rate that was approved for the east coast location when now they want me in the west coast office right? Is there any rule behind this? I would really appreciate any help on this. Thank you. Link to comment
Belle Posted January 23, 2014 Report Share Posted January 23, 2014 No, there is no obligation for your employer to pay you prevailing wage in AC21 as long as the jobs are "similar". Link to comment
blueflower Posted January 27, 2014 Author Report Share Posted January 27, 2014 So, even though I will work in my GC postion but in the bay area they can just pay me east coast salary? It is really strange that there are no laws behind this. How does this make sense? Link to comment
Belle Posted January 28, 2014 Report Share Posted January 28, 2014 Are you questioning the laws without reading them. Have an easy answer for you - read them. Link to comment
blueflower Posted January 29, 2014 Author Report Share Posted January 29, 2014 No I am not questioning the law. I thought the whole idea of this whole prevailing wage is to make sure we are paid fairly. If the employer was to file my GC in the bay area location, they'd have to pay me at least the PW. It is surprising to me that this is not honored with AC21. May be I am not understanding something here. I have not found anything concrete in this matter. If you really have any resources please share. I would love to read. Link to comment
Belle Posted January 29, 2014 Report Share Posted January 29, 2014 The law assumes that it would be highly unusual for you not to get your green card in 180 days. Again, read it. It clearly says that the provision is for those who are unduly delayed. Also, it is rather for your benefit that employer's. I am sure someone will offer you PW in the Bay Area, right? Link to comment
pontevecchio Posted January 29, 2014 Report Share Posted January 29, 2014 Discuss your specifics with a Lawyer. Link to comment
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