Hello,
In my H1B petition my wage is defined as $70000 but last year I got way more than that.
Question-1:
Can this cause any question by USCIS/IRS that why the LCA salary did not match with my total earning?
Question-2:
Let’s say, if I would have gone to my home country for few months, and due to that if I could get less than 70,000$/annum can that could create any question by DOL/USCIS/IRS?
Question-3:
If my employer puts same 70,000$ for GC filing PWD based on my location’s minimum pay can that cause any trouble or create rejection or can turn down my EB category to 3 from 2 even though my experience, present job description or qualification easily match for me to go for EB2? (I have 9.3 yrs exp with BTech (COmputer Sc & Engg) , MBA (Project Mgmt), US work Exp 1 yr from present employer, Worked with other company in India)
Please suggest.
Answer-1. No, Earning more does not raise a flag but earning less causes a DOL alert. triggered by the LCA.
Answer-2. No, because you can still be an employee who does not get paid for leave of absence. Employers are protected on this clause and DOL does not initiate an audit.
Answer-3. No, EB categories are 99% qualification driven and filtered; it does not directly take into account the gross annual compensation. An employer does not need to increase paycheck for EB filing.
Best wishes
Dr. Sandeep Shankar,
hopehumanityATgmailDOTcom;
wwwDOThopeforhumanityglobalDOTorg
Thanks Mr Shankar for all the useful details. MY attorney told me that to qualify for EB-2 I only depends on my present job responsibility and salary. So I thought to go beyond and check on that.
By the way, during PERM / labour filing can the advertisement process and prevailing wage determination process go in parallel hand to hand?
I found that my attorney suggested my employer to put up ad in Local Newspaper for 2 consecutive sundays’ and to DOL job board. But I did not hear about the wage Determination category yet.