I got "intention to deny" in my Labor cert application. right now, my case is in Phi backlog center. I filed my Labor cert in May, 2004.
The reason of "intention to deny" is that my current salary is about 15K lower than the prevailing wage or 10K lower than 95% of prevailing wage.
The officer gave 2 options to my employer:
1. willing to pay 95% of prevailing wage;
2. alternative wage data in a published survey;
My company is a big company and we can't use own lawyer. Everything has gone through our manager then reached company lawyer. Now, they suggest to use option 1 with the condition that they will not file I485 for me until my salary is close to the prevailing wage. If take normal yearly increase, I will wait for another 3-4 years before filing I485. If I don't file I485, I can't file AP and can't change company.
Our lawyer said they couldn't find any published survey on wage data.
They think this officer may classfied me in the wrong category that's why I got a higher prewailing wage. But they are reluntant to do a rebuttal because it is very risky. Our lawyer said the officer may deny my case immediately.
I have 1 year left to reach my 6-year of H1B.
What any better option I could have?
Thank you very much!