[khadka]

Hello to all.
Would really appreciate if there is any help.

I am on my 2nd year of H-1B and my wife on H-4. Working in Illinois company. I am from Canada.

I am going to apply For EB-2 category labor certification from my ave current company. I
Have BS in Civil Engineering plus more than 7 years of experience in the field. Therfore I am for EB-2, but the wages I am getting from my employer is lower than state prevailing wage.

When I talked to my lawyer, he said as long as the company pays me the prevailing wage after my green card is approved, should be OK and until then the company may pay me whatever I am getting now (lower than the state prevailing wage).

Do you think, my perm labor/I140/I-485 would not have any problem?

I heard that at the time of filing I-140 not from labor, I need to submit my tax returns from previous years and probably W2. Is it true?

And also my wife used to work using her SSN for almost last six months. I know she was not suppose to work, but you know because of our financial situation. Do you think it would be problem for me to get my Green card?

Please help.

Thanks

[twindad]

The prevailing wage only matters at the time of the Labor Cert processing. If you were paid less earlier, it won't matter. I will tell you that even though the guidelines on establishing the prev wage are pretty specific, some states interpret them differently. I know, I used to work in one and one states cook level 4 is another's cook level 2. It can be subjective depending on the person who gets your request. Good luck.