I 485 when current wages are lower then "Determined Prevailing Wage" from DOL

[h1b_ki_talash]

I have my I140 approved. My priority dates are about to becoming current. (hopefully)

But my current salary is lower then what was determined by DOL. (Prevailing wages, as mentioned in I140 as well)

My employer filed I140 by showing ability to pay and it went fine.

Now, Employer is NOT willing to file I 485 until, I reach to Prevailing wage. I am about 10% lower and it would take 2-3 years before I reach to that salary level.

Is there any alternative?

Can I file I 485 by myself, once PD becomes current?

Can Employer legally stop I 485 filling if my salary's are lower then prevailing wages?

Please help me find answers!

thanks!!

[JoeF]

The I-485 is your application. You can file it when the PD is current.

[Belle]

Well, the employer is supposed to provide a job offer that is reflected in the I-140. No offer, no I-485. Talk to a lawyer. You may be able to get around.

[h1b_ki_talash]

Thanks JoeF for your reply.

But I think I need to inform him or atleast ask him to give some sort of letter, which he might NOT give.

Can I file without letting him know or without his support of letter etc?

He also asked me to sign (in form of e-mail) that I will NOT file I485 unless my wage reaches to prevailing wages. Does this has an effect? (my employer is one of fortune 500 company and I don't think it's intention is just hold me!!) Does it stop me filling I485 by myself?

[Belle]

You may provide a generic employment verification letter. Those are used for many things, like mortgages, etc. You don't have to tell employer why you need one. Just go to HR and ask for it. Generally, however, the USCIS wants to see your salary on it (aka employment and income letter), and yours oviously would not qualify.

And what will your employer do if you file? And how would they find out?

You need a lawyer.

[h1b_ki_talash]

Let's say I want to file by letting my employer know everything.

Can he legally stop me filing I485? (just based on one email from me agreeing that I will not file I485)

Can i force him (legally) to file it on my behalf?

Can he file I485 and then wait another year to give me desired salary? (hopefully by one year my salary crosses that level)

[Belle]

The employer cannot file on your behalf - only your lawyer can. The employer, however, may withdraw I-140 if the offer is no longer availble to you. This is will be the end of your green card process.

[h1b_ki_talash]

Can I add any of these to base salary to reach to "Prevailing wage Determined" in PERM stage:- Base Salary + any of the below. (If this sum can reach prevailing wage, then I can file I 485)

a) Annual Bonus

b) RSU (Stocks income)

c) 401k Employer contribution amount

d) My vacation money (if I am ready to give up couple of week from my personal vacations)

e) Health care benefits (company pay significant portion and employee pay pretty less) So, I decide to pay my self or ask company to add that in my benefit.

f) Anything else you guys can suggest?

Thanks in advance for your replies.

[Belle]

I don't think any of those are allowed... sorry. It does seem unfair to me because those are all benefits that are taken into consideration when finding a job.

Now, my question to you - do you think it would make sense to wait until you get to the salary level required? If it only takes a year, then you should probably do it. A year makes little difference in your life overall.

[JoeF]

Stuff like stock options or 401(k) employer contributions or health care benefits, etc. can not be added.

Only a guaranteed bonus could.

[ramk_mar]

Hi,

I am in similar situation. Can you please email me at ramk_mar@yahoo.com. Looks like we work for the same company.

Thanks,

Regards

Ram