Question regarding the LC wage!!!

[Desi_Hydrabadi]

All,

My PERM labor was filed in Dec 2006. I didn't know much about all the technicalities in that process. I found today, from the flcdatacenter website, my labor petition number and was shocked to see the wage mentioned in there is "50.34", "Hr". I assume thats the pay I would get if I get the GC. My current pay is 60K/year. I have approved I-140 and have also applied my I-485 in the July 2007 fiasco.
I am now heart broken since I am not sure if I would ever get the GC cause the wage mentioned in LC and what I am getting right now has huge difference.
What can I do at this point of time? Any suggestion would be helpful to me.

Thank you.

[VivekAhuja]

GC and LC Wage is for FUTURE job offer and has nothing to do with what you earn now. However, massive difference can raise questions as to how you can justify such a big raise. Hope that the question does not rise.

[Desi_Hydrabadi]

GC and LC Wage is for FUTURE job offer and has nothing to do with what you earn now. However, massive difference can raise questions as to how you can justify such a big raise. Hope that the question does not rise.

Thanks for answering my question. But is it not a huge difference between what I earn and what is mentioned in the LC (almost 40k) ??

[texcan]

Thanks for answering my question. But is it not a huge difference between what I earn and what is mentioned in the LC (almost 40k) ??

GC is for future job, this pay is for skill set that will be used for FUTURE JOB,
it has nothing to do with your current job even if it is same job title.

Donot worry for stuff you donot have control over. It was done in past, you are fine, you cant do anything about it anyways now, or even if you had known about this in past.
LCA Salary is determined by Labor office, those great folks always come up with salary ...that no one pays.

Talk to your employer and ask about seeking higher salary. Most folks get huge jump ( in normal market) when they get their EAD since employer knows now they will move somewhere else.

Donot panic about everyting.
HTH

[Desi_Hydrabadi]

Donot panic about everyting.
HTH

Thanks texcan for your encouraging reply. What you say makes sense. Thanks.

[copsmart]

I think your wage is high, because you are in EB2 category.

In other words, the job for which your labor was applied required a higher education or experience. Your employer has to come up with such strong requirements to put you in the EB2 category. But what it does is, it will bump up your prevailing wage.

I had a similar situation where my boss gave a big list of requirements, which smacked my prevailing wage to a higher number. My attorney tried to talk into my employer, that GC is for a future job and they don’t have to worry about it now. But my employer said, they can’t promise to pay that salary, even if it is going to be after several years. Although, in my case the difference between the GC wage and my current salary wasn’t very high.

So, my attorney and my boss went back and forth several times before they came up with a job requirement that works for me and my employer.

In your case, at least your employer agreed to pay the salary or they have no concerns. So, you don’t have to worry about it now, because GC is for a future job.

BTW, do not jeopardize your job by asking for such a huge raise in this tough economic times. If you are still so worried, try to find a job that pays your GC salary and use AC21 to change your job.

I would say, just hang in there, because the job market is really tight.

All,

My PERM labor was filed in Dec 2006. I didn't know much about all the technicalities in that process. I found today, from the flcdatacenter website, my labor petition number and was shocked to see the wage mentioned in there is "50.34", "Hr". I assume thats the pay I would get if I get the GC. My current pay is 60K/year. I have approved I-140 and have also applied my I-485 in the July 2007 fiasco.
I am now heart broken since I am not sure if I would ever get the GC cause the wage mentioned in LC and what I am getting right now has huge difference.
What can I do at this point of time? Any suggestion would be helpful to me.

Thank you.

[aachoo]

How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
-a

[copsmart]

You are not alone…

This is the case for most people, for instance, my current salary is at least 10K higher than my LC wage.

Bottom line is, you need to have a job in the "same or similar occupational classification" as the position which was the subject of the labor certification application. Salary does not matter, as long as it does not seem to evidence a totally different type of position.


How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
-a

[texcan]

How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
-a

Lawyers are the sole reason for these confusion, you cant have lower pay than what is mentioned in LCA; you cant have higher pay than what is mentioned in LCA....
I bet you a lawyer can and will justify both rules, why because this is what they do....;-)
USCIS rules are such a mess.....god help us all.

on lighter note...
One other easier solution is "you promise to pay extra money to "desi_hydrabadi"
issue solved...your salary matches LCA...desi_hydrabadi gets more money his salary matches LCA....

both get GC...
relax and live hapily....

Just kidding man, donot think too much about it...i was worrying about this issue ( higher pay than LCA)...i did worry for quite a while and
a good friend said donot worry ...something will take care of it...
needless to say he was right...(economy did take care of issue for me...).

[aachoo]

You are not alone…

This is the case for most people, for instance, my current salary is at least 10K higher than my LC wage.

Bottom line is, you need to have a job in the "same or similar occupational classification" as the position which was the subject of the labor certification application. Salary does not matter, as long as it does not seem to evidence a totally different type of position.

My job is in the same company, same classification etc. I am not worried about that. The problem (I guess the GC mess can make you twist the best things into problems) is the $40K+ in raises I have received since then...
-a