LC - Intent to deny

[zoozee]

Folks,

I received a letter from BEC with an intent to deny my LC (RIR). Their reason - my salary is lower than the prevailing wage. They have given till May 10th to respond.

Has anybody been through this situation? If you can share any experience/outcome - that would be appreciated.

Thanks
Zee

[arnab221]

If the prevaling wage determination finds that there is a wage discrepency between the prevailing wage and your current annual salary that should be discussed before the labor is filed . You can however show your salary to be more than the prevailing wage when filing the labor . BUT REMEMBER the salary that you show here must be achieved when u file the I485 . Since GC is for a future job and not the current one , you can show higher salary(above the prevailing wage) even if u are not getting it now as long as u get it before the adjusment of status petition is filed .:D

[GCBy3000]

If your lawyer is smart, you should not have got this letter at all. So at least now, find a better lawyer to send the response for this one. There are many cases with worst situation than the issue of prevailing wage. Smart attorneys anticipate and work seperately on individual case.

[ItIsNotFunny]

Folks,

I received a letter from BEC with an intent to deny my LC (RIR). Their reason - my salary is lower than the prevailing wage. They have given till May 10th to respond.

Has anybody been through this situation? If you can share any experience/outcome - that would be appreciated.

Thanks
Zee

This can be resolved pretty quickly by a letter from your employer that he is ready with prevailing wage. Don't worry.

[purgan]

The easiest, and correct course of action would be to ask your employer to pay you the prevailing wage. I know it sounds difficult, given the H1B has very limited leverage, but atleast you should ask and give the supporting data that you now have.

[zoozee]

The lawyers are saying that they intend to file a reponse to the intent to deny letter from the BEC. However, they are very cryptic about what reponse they would include. All they say is that the repsonse has been created and it will be provided to my employer for signature.

They expect a positive certification within the next 30-60 days. In fact they put a positive spin to this - that the application is being processed.

I am trying to find out if all this impact's me - but at this point am not sure.

Regards
Zee

[ashkam]

In my case as well, the BEC asked my lawyer to find out whether my employer was willing to raise the GC wage. I don't know if this was an "intent to deny". But my employer sent them the paperwork within a day and in two days, my LC was approved.

[ashkam]

If the prevaling wage determination finds that there is a wage discrepency between the prevailing wage and your current annual salary that should be discussed before the labor is filed . You can however show your salary to be more than the prevailing wage when filing the labor . BUT REMEMBER the salary that you show here must be achieved when u file the I485 . Since GC is for a future job and not the current one , you can show higher salary(above the prevailing wage) even if u are not getting it now as long as u get it before the adjusment of status petition is filed .:D

I thought the prevailing wage needs to be paid after you get the GC, not at the time of filing the I-485.