PERM denial due to expiration date

lntravler

Registered Users (C)
Denial reasons,

the expiration date for the prevailing wage is less than 90 days.

per 656.40 (c), the prevailing wage is invalid and the applcation dnied.

prevailin wage determination date 10/13/2005
in the 9089 the expiration date is 12/31/05, my lawyer filled this way
according to NJ state DOL's advice (which shall be valid at least till 01/13/
2006.)
filed date 01/03/2006.

(1)My prevailing wage is valid when I filed.
(2)According to the (01/09) memo, the application shall be OK if recruitments was
done during the valid PWR period, even the filed date was later than
expiration date.
(3)The only problem is the dates between 10/13/2005 and 12/31/2005 are less
than 90 days.

anyone has a similar situation?
 
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