Welcome to Law-Forums.org!   

Advertisments:




Sponsor Links:

Discount Legal Forms
Discounted Legal Texts


H1-b Wage Level And Rfe

Talk about immigration laws here

H1-b Wage Level And Rfe

Postby Bresal » Sat Dec 03, 2016 6:58 pm

Hello, I have been working under H1-B with my current employer since 2003 and my job description has not changed in any substantial way. The prevailing wage level in the LCA for the four subsequent H1-B extensions since 2003 was always selected as Level I. My actual(offered) wage was always more than the Level I prevailing wage and same as my non-H1-B colleagues.

The prevailing wage for the same position for PERM in 2009 came to be at Level II. My actual(offered) wage in 2009 for H1-B was more than the PERM prevailing wage. Since then, we have had pay freezes and my salary has not changed. For the 2010-2011 years, my actual(offered)wage is exactly in the middle of Level I and Level II in the OES wage survey. There is no way my employer can increase my salary. If my employer files the LCA to extend my current H1-B by using a wage level I, what kind of RFE can my employer expect from DOL and USCIS? Thank you!
Bresal
 
Posts: 47
Joined: Sun Jan 05, 2014 6:35 am

H1-b Wage Level And Rfe

Postby Mago » Mon Dec 05, 2016 7:27 pm

Hello, I have been working under H1-B with my current employer since 2003 and my job description has not changed in any substantial way. The prevailing wage level in the LCA for the four subsequent H1-B extensions since 2003 was always selected as Level I. My actual(offered) wage was always more than the Level I prevailing wage and same as my non-H1-B colleagues.

The prevailing wage for the same position for PERM in 2009 came to be at Level II. My actual(offered) wage in 2009 for H1-B was more than the PERM prevailing wage. Since then, we have had pay freezes and my salary has not changed. For the 2010-2011 years, my actual(offered)wage is exactly in the middle of Level I and Level II in the OES wage survey. There is no way my employer can increase my salary. If my employer files the LCA to extend my current H1-B by using a wage level I, what kind of RFE can my employer expect from DOL and USCIS? Thank you!
Mago
 
Posts: 46
Joined: Sun Feb 09, 2014 2:00 pm

H1-b Wage Level And Rfe

Postby Heitor » Wed Dec 07, 2016 11:44 am

Hi,

H1B reflects your current job, and PERM is permanent, full-time employment in the future. You are maintaining H1B status by being employed as per H1B petition filed by your employer.

The employer has the intention to pay the salary stated in PERM in the future(when you receive your green card) and it is OK if you are being paid a lesser amount at this time.

There will be no RFE based on prevailing wage or actual wage discrepancies in H1B versus PERM.
Heitor
 
Posts: 48
Joined: Fri Jan 31, 2014 2:51 pm


Return to Immigration Law

 


  • Related topics
    Replies
    Views
    Last post