Help - Appln denied because Prevailing Wage invalid

[gcruiningcareer]

Hi all,
My appln was denied for the sole reason that prevailing wage determination was invalid.
I got the prevailing wage determination (PWD) from SWA 1st week of October and it said that it would be valid till end of year - 31st Dec.The PWD validity from SWA was less than 90 days but INS says that PWD has to be valid for 90 days or more from when the application was filed.
It means all applications filed after Spetember 31st would be denied. Is this true??

My lawyer is going to applye for review as its just not possible to comply with this rule. Please provide any suggestions on how to deal with this situation where you are not at a fault

Thanks

 

[scatcat]

Please explain

So you meant PERM was approved but I-140 was denied? Please clarify since you are posting this message on PERM forum and you are talking about INS. PERM is approved by PERM centers....If this rule is new...then it is new to all of us. How can INS reject when PERM folks are waiting for more than 4 mot+ for PERM to be approved....while prevailing wage is valid only for short time. You end up filing I-140 after PERM is approved...right?

My understanding is Prevailing wage has to be valid only when you file PERM...after that wages can go up and down...how can anybody file based on future wage determination...and ask SWA to give a wage determination that is valid for more than stipulated time...

I guess your attorney is doing the right thing. I could end up like you...your clarifications will help me...Please explain.

Hi all,
My appln was denied for the sole reason that prevailing wage determination was invalid.
I got the prevailing wage determination (PWD) from SWA 1st week of October and it said that it would be valid till end of year - 31st Dec.The PWD validity from SWA was less than 90 days but INS says that PWD has to be valid for 90 days or more from when the application was filed.
It means all applications filed after Spetember 31st would be denied. Is this true??

My lawyer is going to applye for review as its just not possible to comply with this rule. Please provide any suggestions on how to deal with this situation where you are not at a fault

Thanks

 

[gcruiningcareer]

Nope scatscat.. I had filed for PERM and I found out exactly what happened with my application. The prevailing wage determination you get from SWA has to be valid for atleast 90 days and can't be more than a year old. SWA's issue prevailing wages that are valid till end of year. In my case wage was determined in mid Oct and since it was valid till 31st Dec it wasnt valid for atleast 90 days. I didnt knew about any such rule but my lawyer should have spotted it right away. I am going to file a request for review and hope it works for me
So folks if you think ur lawyer isnt good enough watch out for the validity of prevailing wage. I hope this helps and people dont get denied like I was.