When CIS adjudicates I-140, they don't look at the wage specified at LCA. If somebody holding H1 is paid less than the amount on LCA, the employer violates labor law. Usually DOL handles such cases, not CIS.
GC job is future job. Law only requires the petitioner to pay that wage after GC gets approved, but the petition needs to establish the ability-to-day from PD.
I don't think getting paid lower will be issue at 485 stage, and I haven't seen any 485 denied due to that. If CIS does that, it clearly violates its own law unless it can prove the job offer is not a bona fide offer. If that is the case, the denial is based on the offer not geniune, not how much the applicant gets paid. As long as the job offer is a geniune one, the difference between paid wage and LC wage won't be an issue.
回複:When filing 485, sponshor has to promise to pay the
所有跟帖:
• If the person is already on the position and was -mytwocents- ♂ (492 bytes) () 09/28/2006 postreply 19:38:25
• And I did not say it is an issue at 485. It may be -mytwocents- ♂ (49 bytes) () 09/28/2006 postreply 19:45:23
• 回複:If the person is already on the position and was -lovepenn- ♂ (594 bytes) () 09/28/2006 postreply 19:58:16
• I just meant that the fact that he got less pay than -mytwocents- ♂ (447 bytes) () 09/28/2006 postreply 20:07:38