回复:非常感谢8老师,工资问题,再请教。。

来源: 2011-07-16 07:54:11 [博客] [旧帖] [给我悄悄话] 本文已被阅读:

I am applying perm, the new prevailing wage for the perm is higher than my current H1B wage.

-Your H1 will not be affected, but maybe will affect the PERM/I-140.

is it ok for the company just keeps paying me the old H1B wage during perm process or even during I-140 process? I accidently read an info saying that company doesn't need to pay the wage on the perm application until the green card is approved. Is that true? Does that mean company can choose to pay the old wage rate (lower rate) until I get green card?

-Theorectically, the H1 position is different from the PERM position. But practically, you have got the PERM position before your employer filed PERM for you (you applied for the PERM position after the PERM position advdisement and you were selected during the recuitment for PERM) and thus, you are working for the PERM position now, not your previous H1 position though you still need to have the H1 status to work. So, your salary should be paid baswed on the PERM prevail salary and your salary is a very important evidence to prove your employer's "Ability to pay". It is true that the PERM position is a future position for the employee after getting green card, but the employer still needs to prove the Ability to Pay from the date the employee is selected until the employee gets the green card even if the employee does not work for the employer until getting green card. Because you are working for the employer duirng the green card processing, your salary is one of the most important evidences in this issue. So, unless your employer can justify why you are paid lower than the prevail wage.

Anyway, this issue is somewhat complicate and you had better find a professional lawyer to help you, if necessary.

how can the company show they have financial ability to sponsor me GC?

-See the I-140 Instructions Page 4, 2. Ability to pay wage.

does the company have to be profitable in the income statement?

-I think so.

will they deny us due to we have three years loss?

-Possible.

the company is also preparing H1B extension (I-129 form), do they have to put negative income # under box14 (net annual income? is box 14 supposed to be just estimate #?

-H1 wage determination/requirement is somewhat different from PERM. As long as the company proves that they can get the profits/net income in a short period of time (e.g. a couple of months), for example they have had some 合同,定单, etc., your H1 will be approved.

 Will the I-140 stage check this I-129 to see our income matches the income statement we submit?

-No. It is irrelevant between these two.

I really appreciate your help! Thank you!