| Q. |
Prevailing wage in PERM application
The prevailing wage in the PERM application is 45% more than my current salary. The PERM is pending (filed 5/15/08) Is the company required to pay me this salary now? If not, when? At the time the LC has been adjudicated? Or at the time the GC is issued? Can I ask my company to pay me this salary now? I feel I am underpaid since I am tied to the company (H1-b on 8th extension year). Is this a case of H1-b discrimination?
User's Location:
Houston, Texas, United States of America
Category:
Employment-based Green Card
|
| A. |
The company does not need to pay you the prevailing wage from your PERM filing until if/when your green card is approved. The green card process is prospective and details of permanent offer (job duties, location, salary etc.) do not take effect until if/when the green card for the permanent position offer is approved.
Your work conditions right now are controlled by your H-1B filing and approval. Job duties, location and salary need to be in line with the H-1B paperwork filed on your behalf. In general, employer must pay at least the prevailing wage from your H-1B paperwork.
Do you know why the prevailing wage from your PERM matter is 45% higher than what the prevailing wage/salary seems to be for your H-1B?
Anything now is controlled by H-1B paperwork. Anything in future for green card kicks in if/when green card is approved.
Regards,
Andrew M. Wilson, Esq.
awilson@srwlawyers.com |
| |
Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
|
