I am currently working in a company here in US on H1B. My green card is being filed by them as well. The company lawyers had requested for a prevailing wage from DOL. The wage they received was higher than what I am getting paid currently. Now, they are saying that they are trying to negotiate the wage to bring it down to what I am being paid currently so that the company does not have to increase my salary and this is causing unnecessary delays in my application.
Is this a common practice? Can I do something about it and ask my company to comply with the original prevailing wage that DOL had given? I am confused about this situation and it would be great if you can share your experience regarding this.
Answer Hi Rohan,
With respect to the green card process, the company should have the intention of paying you the prevailing wage in the future (when you receive your green card). It is OK to pay the H1B level wage in the meantime as stated in the H1B petition even though the wage stated on the H1B petition is (probably) lower than the prevailing wage for the green card process.
Feel free to request the company to proceed with the green card process even though the wage is higher than the wage currently paid while in H1B status, as you are maintaining H1B status by being paid at least the amount stated in the H1B petition.
I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.
Organizations American Immigration Lawyers Association (AILA) full member since 1995.
Education/Credentials Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.