Prevailing wage, help

[RhettVoe 282]

there is something terribly wrong with this situation....first, a future employee is NOT supposed to be paying some immigration attorney...second, $12 an hour in NY is less than the panhandlers make...it does not sound like a 'specialty occupation requiring a college degree'...third, the LCA (Labor Certification Application) is where the employer is supposed to agree to pay the prevailing wage,,,,not some random, unenforceable promise later....fourth....it sounds like you are about to be taken advantage of by both the employer and the attorney....if it were me, I would look elsewhere, or contact our Labor Dept and start asking questions....the situation as you described sounds way out of line for an H1b visa....and the job title is so vague and generic...what is your degree in, if you don't mind me asking?

Remember, immigration attorneys normally charge about $4000 (!!!) to complete an H1b application (an obscene amount of money for what amounts to about 90 minutes of 'work' filling out color-in-the-dot forms and re-writing some standard boiler plate cover letter) and this fat fee is borne by the employer, not by the future employee.

Edited February 14, 2014 by RhettVoe

[kzielu 1,149]

Dude is desperate to stay in US regardless of anything - it's pretty obvious... Telling him something's wrong is not likely to have any effect...

[Tommi 0]

I would love to reply to each of you, but this is too much. That's too much of negativity for a new member to handle. There's a lot to say, but I will drop it off. To Harpa, I've been proving myself as a sucker for being tolerant and patient with all the negative and aggressive attitudes on here. You suck for calling someone a sucker. Thank you everyone for having given me your 2 cents. And no, I am not going to break the law.

Edited February 15, 2014 by Tommi

[RhettVoe 282]

you posted your questions for our feedback....you apparently just wanted us to say 'gee, what a great opportunity to pay all sorts of money for a substandard wage in NY'...instead, many of us told you something else. This situation is not the way the H1b program is supposed to work....if you doubt this, then contact the Dept of Labor, the USCIS and see what they have to say rather than depend on some immigration attorney's advice (which is one of the worst things anyone can do, not just you)...but if you decide to ignore this advice or other opinions, please don't bother to re-post asking for help or direction when this thing turns sour.

[Avery Cates 1,141]

I would love to reply to each of you, but this is too much. That's too much of negativity for a new member to handle. There's a lot to say, but I will drop it off. To Harpa, I've been proving myself as a sucker for being tolerant and patient with all the negative and aggressive attitudes on here. You suck for calling someone a sucker. Thank you everyone for having given me your 2 cents. And no, I am not going to break the law.

It's negative because the situation is not a good one, doesn't sound legit, and doesn't meet the requirements of the visa. You're in New York City, you can't get a park bench there for $12 an hour.

[Harpa Timsah 13,258]

I am sorry if I hurt your feelings, but I was trying to get you to fight for your worth and respect own abilities. What the company is proposing is illegal, and it seems like you want to help them do it. It seems certain that they will be a bad employer and mistreat you, or that the company is not viable if they only stay afloat by seriously underpaying their staff. I think your efforts would be better spent finding a real company that pays a normal wage for the job you plan to do.

Thankfully, the requirements of the H1B are such that they (mostly) prevent employers from preying on people's desperation.

Maybe you have your own money, since the low wage doesn't bother you. If so, look into an EB5 visa instead.

[Tommi 0]

you posted your questions for our feedback....you apparently just wanted us to say 'gee, what a great opportunity to pay all sorts of money for a substandard wage in NY'...instead, many of us told you something else. This situation is not the way the H1b program is supposed to work....if you doubt this, then contact the Dept of Labor, the USCIS and see what they have to say rather than depend on some immigration attorney's advice (which is one of the worst things anyone can do, not just you)...but if you decide to ignore this advice or other opinions, please don't bother to re-post asking for help or direction when this thing turns sour.

You just can't stop, can you? I will stop here. A lot of information I gave was ignored and people just focused on how bad the situation is. No, I won't bother arguing.

I am sorry if I hurt your feelings, but I was trying to get you to fight for your worth and respect own abilities. What the company is proposing is illegal, and it seems like you want to help them do it. It seems certain that they will be a bad employer and mistreat you, or that the company is not viable if they only stay afloat by seriously underpaying their staff. I think your efforts would be better spent finding a real company that pays a normal wage for the job you plan to do.

Thankfully, the requirements of the H1B are such that they (mostly) prevent employers from preying on people's desperation.

Maybe you have your own money, since the low wage doesn't bother you. If so, look into an EB5 visa instead.

Sent you pm. Thank you for all the concerns.

[RhettVoe 282]

Odd...I said the same thing...so, come October, when your 'employer' gives you some song and dance about why he cannot pay you the prevailing wage, and the attorney starts sending you more bills, then perhaps you will realize that just maybe American citizens know something you don't. After all, this is the United States of America...who knows..maybe we'll see you on some NY street corner, 'marketing' pencils. Some of us tried to assist...but you prefer not to listen.