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Prevailing Wage for LCA H1B vs PERM Prevailing wage

Discussion in 'General nonimmigrant visa issues' started by chadorlando, Dec 16, 2011.

  1. chadorlando

    chadorlando Junior Member

    Hi,

    My H1 B is expiring in Jan 2012 (6th year ends). My Labor got filed in June 2011 and I-140 was filed using fast processing and got approved as well.

    Here is my question.

    My Salary is Currently X. The PERM petition's prevailing wage was mentioned as Y which is like $20K higher than my current salary. Now that I-140 is approved, my H1B is being applied this month.
    Initially, the attorney said they have to increase by wage by $10k(not sure where he got this number from) and it was going on well. But today, the company attorney came back and said he found another prevailing wage(or lca) that he could use and so he does not have to increase my wage by even $10k.

    I am trying to understand, is this a concern? Can you please help me understand.

    Thanks
    Chad
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

    Re: Prevailing Wage for LCA H1B vs PERM Prevailing wage

    You have to discuss the facts of your case with your attorney. I can't comment. Generally, however, most employers do their own PW calculation for H1B processing, while the DOL always does a PW determination for PERM cases. Only the DOL finding is considered determinative.
  3. chadorlando

    chadorlando Junior Member

    Re: Prevailing Wage for LCA H1B vs PERM Prevailing wage

    Thanks Ron for the quick reply. So even though my job role for H1B and Perm are the same, H1B PW calculation is done in house even though DOL gives an accurate number. It does not sound right to me.

    Any other advice,tips?
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

    Re: Prevailing Wage for LCA H1B vs PERM Prevailing wage

    The OES requires an employer to select both the correct SOC code as well as the proper salary level. Many employers select a salary level below what the DOL would apply if they were asked.

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