Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Ask an Attorney - > Immigrant Visa
Click to log in with Facebook
Immigrant Visa This forum is for asking questions from Immigration Attorney.
--------------------------------------------
IMPORTANT DISCLAIMER:
--------------------------------------------
By participating in this forum or reviewing or reading a transcript or recording of any forum discussion or conference call, you agree that you have read and understand the following disclaimer:
The information provided in this forum as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.
IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 09-03-2009, 06:06 PM
Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Sep 2009
Posts: 31
anishNewbie is infamous around these parts anishNewbie is infamous around these parts anishNewbie is infamous around these parts
Default AM i doomed for GC ?? and PWD ??

I got my H1 done last year 08.. I have done my masters here and luckily found a job in march with low pay.. Since my pay was low.. my attorney applied for my H1 or LCA during that time under
15-1051.00 Computer Systems Analysts

instead of which i am working currently as

15-1031.00 Computer Software Engineers, Applications

Now can i file my GC or LCA under a different job code of 1031 than my H1 1051??

One more question I would like to add is:
When i apply under JobZone 4 for EB2, what should be my minimum level of wage as per PWD?
I heard it should be a minimum of level 2, as level 1 is for entry level Bachelors????????

I am very concerned about above question as my pay is even below level 1 ??

Thanks,
-- Anish

Last edited by anishNewbie; 09-03-2009 at 06:15 PM. Reason: damn i can't spell
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 09-03-2009, 06:27 PM
US Immigration Attorney
Law Offices of Prashanthi Reddy
42 West 38th Street Suite 1104
New York, New York-10018
http://www.reddyesq.com
Thank the Attorney if this post is helpful
Join Date: Nov 2008
Posts: 161
Blog Entries: 1
Thanks: 0
Thanked 129 Times in 68 Posts
Prashanthi is a jewel in the rough Prashanthi is a jewel in the rough Prashanthi is a jewel in the rough Prashanthi is a jewel in the rough
Default

Quote:
Originally Posted by anishNewbie View Post
I got my H1 done last year 08.. I have done my masters here and luckily found a job in march with low pay.. Since my pay was low.. my attorney applied for my H1 or LCA during that time under
15-1051.00 Computer Systems Analysts

instead of which i am working currently as

15-1031.00 Computer Software Engineers, Applications

Now can i file my GC or LCA under a different job code of 1031 than my H1 1051??

One more question I would like to add is:
When i apply under JobZone 4 for EB2, what should be my minimum level of wage as per PWD?
I heard it should be a minimum of level 2, as level 1 is for entry level Bachelors????????

I am very concerned about above question as my pay is even below level 1 ??

Thanks,
-- Anish
You do not have to be paid the prevailing wage when filing for the GC. The company has to show the ability to pay the prevailing wage, this ability is shown from the profits or the net current assets in the companies tax return. I hope this answers your questions.
Bookmark and Share   Reply With Quote  
  #3 (permalink)  
Old 09-03-2009, 06:53 PM
Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Sep 2009
Posts: 31
anishNewbie is infamous around these parts anishNewbie is infamous around these parts anishNewbie is infamous around these parts
Default

Thanks for the quick response Prashanthi....

Would you like to give me an answer for my 1st question about changing job code ??

Also, as per PWD topic,,
I thought a company should pay prevailing wage to an employee while filing I-140 during GC process...
ORRRR
if a person is not working for the company which is filing GC, then its fine that the person gets paid the PW after he/she joins it on getting GC...
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 09-03-2009, 07:51 PM
Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Sep 2009
Posts: 31
anishNewbie is infamous around these parts anishNewbie is infamous around these parts anishNewbie is infamous around these parts
Default Help !!!

Prashanthi.... or any other attorney..

Please do answer my queries ...
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 09-03-2009, 09:31 PM
US Immigration Attorney
Law Office of Elaine Martin
6333 E. Mockingbird Ln Ste 147-910
Dallas, Texas-75214
http://www.martinvisalaw.com
Thank the Attorney if this post is helpful
Join Date: Jun 2009
Posts: 464
Thanks: 0
Thanked 365 Times in 201 Posts
martinvisalaw is on a distinguished road
Default

Quote:
Originally Posted by anishNewbie View Post
Thanks for the quick response Prashanthi....

Would you like to give me an answer for my 1st question about changing job code ??
Yes, your employer can use a different job classification. They won't have much choice - DOL assigns the job code when making the prevailing wage decision.


Quote:
Also, as per PWD topic,,
I thought a company should pay prevailing wage to an employee while filing I-140 during GC process... ORRRR if a person is not working for the company which is filing GC, then its fine that the person gets paid the PW after he/she joins it on getting GC...
As the other attorney said, you only need to be paid the PW after permanent residence is approved. However, when filing the I-140, the company needs to show that it can afford to pay the PW . That might be where you are confused.
__________________
Elaine Martin
Law Office of Elaine Martin
Phone: (214) 329-4148
Toll-free phone: 1-866-318-8813
emartin@martinvisalaw.com
www.martinvisalaw.com
www.martinvisalaw.blogspot.com
Dedicated exclusively to immigration law since 1997

This message does not create an attorney-client relationship if we have not both signed an engagement letter. This message discusses general legal questions and other matters. It should not be used or relied on by anyone as legal advice.
Bookmark and Share   Reply With Quote  
  #6 (permalink)  
Old 09-04-2009, 01:30 AM
Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Sep 2009
Posts: 31
anishNewbie is infamous around these parts anishNewbie is infamous around these parts anishNewbie is infamous around these parts
Default

Quote:
Originally Posted by martinvisalaw View Post
As the other attorney said, you only need to be paid the PW after permanent residence is approved. However, when filing the I-140, the company needs to show that it can afford to pay the PW . That might be where you are confused.
Thanks for the reply...

So the only thing employer has to do is show his tax returnss and his ability to pay me X amount during I-140...

Then why have i heard of cases being rejected due to PWD...When people say that were earning less amount than PWD and hence got rejected...
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 09-04-2009, 06:05 PM
US Immigration Attorney
Law Office of Elaine Martin
6333 E. Mockingbird Ln Ste 147-910
Dallas, Texas-75214
http://www.martinvisalaw.com
Thank the Attorney if this post is helpful
Join Date: Jun 2009
Posts: 464
Thanks: 0
Thanked 365 Times in 201 Posts
martinvisalaw is on a distinguished road
Default

Quote:
Originally Posted by anishNewbie View Post
Thanks for the reply...

So the only thing employer has to do is show his tax returnss and his ability to pay me X amount during I-140...

Then why have i heard of cases being rejected due to PWD...When people say that were earning less amount than PWD and hence got rejected...
They were probably not rejected because the foreign national wasn't being paid the PW, but for other reasons related to the employer's ability to pay.
__________________
Elaine Martin
Law Office of Elaine Martin
Phone: (214) 329-4148
Toll-free phone: 1-866-318-8813
emartin@martinvisalaw.com
www.martinvisalaw.com
www.martinvisalaw.blogspot.com
Dedicated exclusively to immigration law since 1997

This message does not create an attorney-client relationship if we have not both signed an engagement letter. This message discusses general legal questions and other matters. It should not be used or relied on by anyone as legal advice.
Bookmark and Share   Reply With Quote  
Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On



All times are GMT -4. The time now is 09:23 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2018, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org