URGENT - Salary difference in Job Description and Actual Salary

[delvisaoct]

Hello Everyone,

I have a very urgent matter related to my PERM application. Here is a little background. My company started for my GC process in May. They posted the ad and everything was done by Sep. We got the increments (4%) in Oct. My attorney prepared the application (he was aware of everything since the very beginning and I was working with him since Oct 2010 on the application process) and reviewed everything. Just before 1 week left to filing the application he emailed my HR that he has to start everything from the scrtach - job posting, recruitment etc as there is a difference in the salary. I do not understand why is he saying this. I have a lot of research online and found out that if the employer is paying a little more salary than was mentioned than it should not be a problem. Guys, can anybody please share their experiences or any suggestions. It like waste of my 6 months.

Please can you help me with this situation. Can I file the application? Or does everything has to be redone from the scratch if there is a minor difference in the salary. Please advice.

Thanks,

Gagan

[Attorney_20]

It sounds like the ads placed for the proffered position may have listed a wage that is inconsistent with the prevailing wage determination. You and your employer should review the prevailing wage along with the ads and notice of filing to make sure the wage listed is consistent. If not, unfortunately, the case would have be restarted.

[delvisaoct]

Hi Attorney_20,

Thanks a lot for your response. The prevailing wage for the position is $62K, the position mentioned wage around $65K and the actual pay is a little above $67K (got a raise 2 months after the job posting was created and recruitment process finalized). I did my research and found that it is Ok if the wage offered is equal to or more than the prevailing wage. Can you please suggest if the increment (almost $2k) would require the process to be redone from scratch. At the time job posting was done the salary was same as the salary on the recruitment ad. It was after 3 months of recruitment ad and finalizing the recruitment process, the increment was done. Please advice. Thanks a lot!