I am on the H-1B visa right now, still in my initial 3-year window, have this query about Prevailing wages In the Perm process. My company is filing Perm under the EB2 category, it was submitted in September 2022, and the current wait time is around 8-10 months so I am still waiting to hear back from authorities.
1. I had asked my lawyer for a copy of the PWD, but they said it is a company document. Is that correct?
2. When I asked about the wages mentioned in the document, they told me the figure is 123k $ and would be paid to me after the green card is received. This prevailing wage figure is 35% higher than my current wages. Does the prevailing wage figure include cost to the company? ( insurance,401k plan for which company pays for me) or is this figure to be paid to me as a yearly salary? Also, being an Indian, and Since mine is EB2 filing, I may not receive a green card until the next 15-20 years. Is there a way I can negotiate for this salary after the perm is approved?
- The answer is Yes, because it is the employer's property.
- One of the things you can do is, if you are trying to get a document from your file, you can check with the BAR which is typically governed by the Supreme Court of the state, the highest court of the state where the lawyer is admitted. You can find out what the rules are and they are usually very good about talking to members of the general public. Regarding the salary it is up to you, but there is no law that requires the employer to pay you right now. It is a future salary. For more information on what the wages should be you go to flcdatacenter.com.
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