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Perm denied, help
- Thread starter ximen
- Start date
PainfulGC123
Registered Users (C)
The following is a verbatim quote from the final PERM regulation that was published by the DOL on Dec 27, 2004.
Page 75, Second Column, Last but one paragraph.
Item 656.40 (c)
(c) Validity Period. The SWA must specify the validity period of the prevailing wage, which in no event may be less than 90 days or more than 1 year from the determination date. To use a SWA PWD, employers must file their applications or begin recruitment required by 656.17(d) or 656.21 within the validity period specified by the SWA.
Page 75, Second Column, Last but one paragraph.
Item 656.40 (c)
(c) Validity Period. The SWA must specify the validity period of the prevailing wage, which in no event may be less than 90 days or more than 1 year from the determination date. To use a SWA PWD, employers must file their applications or begin recruitment required by 656.17(d) or 656.21 within the validity period specified by the SWA.
PainfulGC123
Registered Users (C)
Actually, (10/15/2006 minus 10/15/2005) is 365 days.
(10/15/2006 minus 10/14/2005) is 364 days.
In your case, answer to F-7 must be 10/15/2005 and answer to F-8 must be 10/15/2005. From what I understand from the law I posted above, your recruitment must begin between 10/15/2005 and 10/15/2006 OR you must submit ETA 9089 within this period. Since your ETA9089 was submitted within this period, you are good in that aspect.
Assume (F-8 minus F-7) is x days. PERM system checks for the following condition: (90 <= x <= 365)
If (90 <= x <= 365) is false, the software automatically denies PERM application.
I strongly feel you must have been denied because (90<= x <=365) must have been false in your 9089 application. Find out from your lawyer what they answered for F-7 and F-8.
(10/15/2006 minus 10/14/2005) is 364 days.
In your case, answer to F-7 must be 10/15/2005 and answer to F-8 must be 10/15/2005. From what I understand from the law I posted above, your recruitment must begin between 10/15/2005 and 10/15/2006 OR you must submit ETA 9089 within this period. Since your ETA9089 was submitted within this period, you are good in that aspect.
Assume (F-8 minus F-7) is x days. PERM system checks for the following condition: (90 <= x <= 365)
If (90 <= x <= 365) is false, the software automatically denies PERM application.
I strongly feel you must have been denied because (90<= x <=365) must have been false in your 9089 application. Find out from your lawyer what they answered for F-7 and F-8.
Last edited by a moderator:
PainfulGC123
Registered Users (C)
You can use the date calculator below to perform date arithmetic:
http://www.timeanddate.com/date/duration.html
http://www.timeanddate.com/date/duration.html
Just talked to the lawer. the stupid lawer put 12/31/2005 as the expiration date. Any chance to appeal? I don't want to refile since it will make the priority date half year late (the recruitment just pasted 180 days so we need to redo the recruitment, then refile). Thanks
You can do this
Forget about appeal, it might sound rude to you, if all your ads are valid that is filed within the last 180 days. Ask PWD office to change the dates on your exisiting PWD, meaning they will correct the dates or extend your existing PWD. It is very simple to do. The stupid who filed your app can call their office to do it or simply walk over to their office to get it corrected. Then withdraw the old one or if it is already denied, you can refile it. I have done that almost three times, now the fourth time also I have been hit with some new problem because of somebody's mistake and I do not even have the ads valid anymore. I may have to start all over again.
Forget about appeal, it might sound rude to you, if all your ads are valid that is filed within the last 180 days. Ask PWD office to change the dates on your exisiting PWD, meaning they will correct the dates or extend your existing PWD. It is very simple to do. The stupid who filed your app can call their office to do it or simply walk over to their office to get it corrected. Then withdraw the old one or if it is already denied, you can refile it. I have done that almost three times, now the fourth time also I have been hit with some new problem because of somebody's mistake and I do not even have the ads valid anymore. I may have to start all over again.
ximen said:Just talked to the lawer. the stupid lawer put 12/31/2005 as the expiration date. Any chance to appeal? I don't want to refile since it will make the priority date half year late (the recruitment just pasted 180 days so we need to redo the recruitment, then refile). Thanks
My PWD is ok since it's valid for a year but I have to redo recruitment which is a lot of more hassle. and I can't keep my priority date.scatcat said:Forget about appeal, it might sound rude to you, if all your ads are valid that is filed within the last 180 days. Ask PWD office to change the dates on your exisiting PWD, meaning they will correct the dates or extend your existing PWD. It is very simple to do. The stupid who filed your app can call their office to do it or simply walk over to their office to get it corrected. Then withdraw the old one or if it is already denied, you can refile it. I have done that almost three times, now the fourth time also I have been hit with some new problem because of somebody's mistake and I do not even have the ads valid anymore. I may have to start all over again.