My employer pays X money (under H1B). My employer wished for sponsoring greencard. My lawyer requested to SWA for prevailing wage who gave a figure of Y. Now, my lawyer says - my employer has to pay the prevailing wage Y from the time labor certification is filed. Isnt the case is - Employer has to show just the 'Ability to pay' (Y-X) amount or Y after green card' 'NOT have to pay at the time of Labor certification? He can pay X amount until my green card is approved, Isnt?
Is my lawyer is not knowledgable or things has changed? Can anyone share his idea?
Thanks.

Is there anyone in Sajha to help me out?

Sounds like x y and z !

Hey Duke1 (aka fag1);

If you do not have anything of value to add, why don't you just stfu. That will make you look less stupid.

if am understanding this right, your current employer pays you less than what its shown in H1, under prevaling wage for a certain criteria/position. but that doenst matter, he can pay you less as long as his financial documents such as tax return shows that he/employer has the financial ability to pay you the prevailing wage.

goodluck

Nup Manison. My h1b position and prevailing wage was entry level position with Level 1 wage. For H1B, assume that I am overqualified for level 1 but started as level 1. Now I want to file Green Card for Higher level than I am working now with prevailing wage (i.e. Level 2) which will be eligible for EB-2.
My employer says that after 8-10 months I will be receiving a level 2 wage. But the lawyer intimidated him that he has to pay level 2 prevailing wage from May (at the time of LC filing).

well then i dont know what to tell you euta..nep.....coz i know i am right, when i filed for my greencard in 2001, that was my case too..my paycheck was less than what DOL had stated as prevailing wage, but that doents matter, as long as your employer can show that they are financially able to pay you that wage.

and as far as i know..that is still the case, so i dont know.talk to your lawyer, or get a second opinion or a third or 4th.

your employer can pay you X but on future he will pay Y (which is prevailing wage). Which just a promise to pay you Y after you get green card which not even rewuired to pay in future. As long as your employer says we will pay you Y you are good to go.

Saan dai