I140-Prevailing Wage Question

[rocketsingh]

My company filed for my labor certification in November 2007. The certification got approved after BALCA review in August 2011. My priority date is current and my employer is planning to file for I-140 and I-485 concurrently.

During the filing of my labor certification the Prevailing Wage was higher than my actual 2007 wage. The company was also not doing well and was in loss. From 2006 onwards my salary is consistently higher and infact at this time it is about 28% higher than the prevailing wage in the labor certification. The company has also being doing well since 2008.

I have the following questions

1) Will the 2007 scenario affect the I-140 and I-485 application process

2) If my applications is denied will I have a chance to appeal?

3) In this scenario is Premium or Regular processing recommended for I-140.

As always, thank you very much in advance.

Thanks!!

Singh

[Belle]

Not being paid prevailing wage while in the process is not an issue - this is the wage you are supposed to be paid when you get the green card. Financial position of the company, however, may be a problem. In fact, the company needs to show that it had the means to pay you at the time LC was filed.

[rocketsingh]

Belle,

Thank you for your response. Appreciate it!!