EB2 and salary range

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Some backgroud about me:

Working on H1B (for profit company) since last 5 1/2 years. Have done MCA from India and 12 years of experiance. Current employer has filed GC under EB3 category and have I-140 approved.


Now i got an offer from a not for profit organization. They filed  prevaling wage for both EB2 and EB3 categories. EB2 prevaling wage came $12K more than what they have offered me and because of that they are saying that they can not file under EB2.


So far my understanding was GC is a future commitment and i should be getting prevaling wage salary at the time of getting GC but according to company's attorney my base salary should be equal or greater than prevaling wage at the time of my joining otherwise we will get query and being a not for profit company it will not be possible for company to show proper documents to support my salary. Is is right?


If he is right can i show 401K and other bonus as part of my salary to reach prevailing wage level?


Thanks for your replies!!

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401K contributions and bonus are not wages. 


The filing depends on job requirements foremost.  Wages usually track. Be more concerned that job does not meet the requirements.  Do  not expect the organization to give you a salary exceeding USCs and LPRs just to meet GC filing for EB2.



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