PERM wage and H1B wage? Please advise

[hary536]

Hi,

My H1B 6th year expires in Oct 2014.(5-6 months of time recapture is possible in addition to that)

My PERM will be probably filed sometime this month(with the recruitment phase now over) and if everything goes smoothly and if I get both

PERM and I-140 approved, then I will be eligible to file H1B extension in first half of 2014 next year.

But, my worry is this, which I just learnt:

The prevailing wage determined for PERM application is about 35-45% higher than my current H1B salary.

My employer is under the impression that this wage should be paid when you get Green card approval.

But I wonder what will happen when they file for H1B extension next year. Do they have to pay the PERM wage

or my current H1B wage + X % increment I may get this year? Because, I am worried that it will be a shocker to my

employer if they have to increase my wage by 35-45% just next year rather than in the future after few years when I get GC approval.

And they may not agree to that and deny going forward. That will screw me up.

Does anyone have any idea about wage requirements in H1B extension while PERM is filed,etc?

Do you think, I should raise the flag in front of my employer alerting them to this possible issue? and may be start over the process

for a different position which will take another 4-6 months. Or just let get PERM filed and

hope that the wage increment is not required next year during PERM extension and that employer will not change their mind?

Any suggestions?

Thanks.

PS: My employer is a small company.

[hary536]

Hi, 

Does anyone have any suggestions? 

 

Thanks. 

[Attorney_22]

Generally, the PERM position is for future employment. Therefore, your employer is not required to pay the proffered wage until the green card is approved. However, this may not be accurate if the PERM position is the same position you are currently performing. In that scenario it may be appropriate for the employer to pay at least the proffered wage now. To discuss this in more detail, please schedule a consult with one of the many qualified attorneys at the Murthy Law Firm.