Wage requirements while getting EAD


Recommended Posts

I have been waiting for my Priority Date to become current in EB2 India category for the last 4 years to get my EAD.  My employer is paying the same salary what mentioned as prevailing wages while filling my PERM application all these years.  I mean there is no hike in my salary for last 4 years.


Will this same old salary without any hike can create any trouble to get my EAD?  While getting EAD, are there any requirements related to increase in salary compare to prevailing wages mentioned in my labor?  


Kindly let me know 

Link to comment

Thank you!


Prevailing wages mentioned in my PERM application is $100 K. So what I understood, even if I get the same old $100 K salary at the time of applying for I-485 and EAD, there will not be any issue.


Kindly confirm it as based on your advice I will take a call on changing my employer or not.

Link to comment
  • 2 weeks later...

Thanks for your reply.  Let me explain my situation..


After Six years of my H1 visa, my current employer applied for H1 Extn. based on approved I-140 filed by them.  I got visa extension for next 3 years.  


But the problem is, my employer not giving any hike in my salary and exploiting me as I did not yet receive my EAD.


I still want to work for him till I get EAD which may take another 2 to 3 years.. So my question is simple and clear here as follows:


If I work with same less salary (as mentioned in Labor) till I get EAD, will it create any issue while getting EAD?


Please advice

Link to comment

You can get the same H1 extension with any other employer.  The PERM salary is not relevant to the H1 salary. As long as he pays you the relevant H1 salary and is able to prove to the USCIS if there is an RFE that he is able to financially pay you the PERM salary even now, there is no problem. A lawyer can be of great help in deciding whether you should stay or leave. Is there any reason why you do not envisage getting a Lawyer involved?

Link to comment


This topic is now archived and is closed to further replies.