EB2 RIR Intent to deny due to salary below prev wage

[sandeep_1]

Hi,

I got a letter from Dallas backlog processing center with intent to deny because at the time of filing my salary was below the prevailing wage. My Attorney screwed up on this one. Now, I have to file rebuttal for this case. Since, the lawyer who originally filed this case is not representing me anymore, how do I officially dis-engage the attorney? I have got all the paperwork for filing rebuttal, but I am not sure if I still have to keep the name of original Attorney in form 750A and 750B? Please reply, I dont have any attorney working for me this time. I am doing it myself. I know that some of you would recommend using an Attorney, but I want to take my chances as I am tired of filling the Attorney bellies. I would really appreciate if you can reply to this query. Thanks

[imcdude]

My salary was below the prevailing wage also but mine got approved (PBEC).
According to the then law, if the salary offered is 5% less than the prevailing wage, it is OK.
You should state that in your rebuttal.

[GIC]

Hi,

I got a letter from Dallas backlog processing center with intent to deny because at the time of filing my salary was below the prevailing wage. My Attorney screwed up on this one. Now, I have to file rebuttal for this case. Since, the lawyer who originally filed this case is not representing me anymore, how do I officially dis-engage the attorney? I have got all the paperwork for filing rebuttal, but I am not sure if I still have to keep the name of original Attorney in form 750A and 750B? Please reply, I dont have any attorney working for me this time. I am doing it myself. I know that some of you would recommend using an Attorney, but I want to take my chances as I am tired of filling the Attorney bellies. I would really appreciate if you can reply to this query. Thanks

The prevailing wage salary is for future employment and not at the time when you file your labor petition. You should be able to rebut this but I would still recommend a competent lawyer who understands the nuances.

[katrina]

Hi,

I got a letter from Dallas backlog processing center with intent to deny because at the time of filing my salary was below the prevailing wage. My Attorney screwed up on this one. Now, I have to file rebuttal for this case. Since, the lawyer who originally filed this case is not representing me anymore, how do I officially dis-engage the attorney? I have got all the paperwork for filing rebuttal, but I am not sure if I still have to keep the name of original Attorney in form 750A and 750B? Please reply, I dont have any attorney working for me this time. I am doing it myself. I know that some of you would recommend using an Attorney, but I want to take my chances as I am tired of filling the Attorney bellies. I would really appreciate if you can reply to this query. Thanks


Ask your company to write the letter stated that they are going to follow the prevailing wage as required for your position at the time of filing.

Don't argue with them about 5% below is ok. Because they don't care and for sure not willing to argue about anything at this point.

This is my suggestion and also you have to find another lawyer. Ask second opinion regarding continuing your case and to clear the NOF

[imcdude]

I think the issue here is:

THe salary offered on Labor Petition < Prevailing wage at the time of filing labor.

DOL does not compare current prevailing wage with the salary offered.

So you would have to use the "5%" clause, unless there is some other more viable argument.

Ask your company to write the letter stated that they are going to follow the prevailing wage as required for your position at the time of filing.

Don't argue with them about 5% below is ok. Because they don't care and for sure not willing to argue about anything at this point.

This is my suggestion and also you have to find another lawyer. Ask second opinion regarding continuing your case and to clear the NOF