PWD issue - EB2 upgrade

[mraji03]

I have a bachelor's and masters degree and 12 years of total experience. Before joining my current company, I had Bachelor's degree with 5 years of experience. The company applied for EB3 as per the company policy in 2009 and got my I140 approved with a priority date of Sep 2010. Late last year, upon my request and checking the eligibility for EB2, my company applied for EB2 upgrade. I got an update recently from the employer that the PWD for my position is much higher and the company won't be able to pay that much as that's the wage they pay for 2 levels higher than my position. So, they are saying that they will stick with the EB3 they applied and they cannot do my EB2 upgrade. 

 

I have few questions related to this:

1. Some of my colleagues for whom the company did EB2 upgrade for the same position and same job location with the same job description did not have any such issues. The differences were: those colleagues had Master's degree + 3 years experience in total, they applied for EB2 upgrade a year before. Does the prevailing wage change often? Does it depend on the applicant's experience? (I thought what matters w.r.t experience is only to check for the eligibility). 

2. Does it matter if the current salary matches the prevailing wage?

3. Since the GC application is for a future position, how is the prevailing wage determined? 

 

Can someone shed some light on this? That will help me decide my next steps. Thanks in advance!

 

Thanks,

Raji