| 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
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| A. |
The company is not required to pay you the salary on the Labor Cert Application now, only when your Adjustment of Status is approved.
The company has to pay you the Prevailing Wage for your H-1B position (on the LCA form). If it does - there is no violation. |
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Yana Tkachenko
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111
www.emvisa.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.
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