RBPT Posted July 9, 2015 Report Posted July 9, 2015 Hi, My perm labor got approved and attorney is preparing to file for I-140. I have a question. My pay stub runs for $35 every month and yearly will be $72800. In the state where my labor filed, for the skill level III, the department of labor has set prevailing wage as $76,648 Year and $36.85 Hour. Since, i am getting paid less than prevailing wage set by state labor department, is there any problem if attorney applied for I-40? H1B LCA also has $35 per hour. Please suggest me how can i proceed.
livliv Posted July 10, 2015 Report Posted July 10, 2015 Technically the PERM wage must be paid for the future job, after you get your GC. However, for I-140 the employer has to show evidence that they are able to pay the PERM wage. The best evidence is that they are already paying it. But since in your case they are not already paying the PERM wage, they will need to produce their financial information showing the ability to pay. Let the attorneys handle this.
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