Perm denied, help

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ximen

Registered Users (C)
My perm got denied. The reason is: expiration date for PWD is either less than 90 days or more than one year. What does it mean?
I got the PWD at 10/15/2005 which states it's valid at least 90 days but not more than 1 year. job order placed on 9/1/2005, two sunday newspaper at 9/4/2005 and 9/11/2005 and other ads on the sepetember 2005. The perm was filed on the 12/9/2005. Then we waited long time. We didn't receive any confirmation email. I don't understand deny reason. Does it mean we can file perm after 90 days of getting PWD? but it doesn't make sense. Anybody can explain it
 
By the way, if I refile, does my priority date becomes the date of refile? That would pain since it's another 7 or 8 month delay since we need redo the PWD and it take long time here in Maryland
 
ximen said:
By the way, if I refile, does my priority date becomes the date of refile? That would pain since it's another 7 or 8 month delay since we need redo the PWD and it take long time here in Maryland
Click to expand...

PD = The date of refiling your new application
 
ximen said:
My perm got denied. The reason is: expiration date for PWD is either less than 90 days or more than one year. What does it mean?
I got the PWD at 10/15/2005 which states it's valid at least 90 days but not more than 1 year. job order placed on 9/1/2005, two sunday newspaper at 9/4/2005 and 9/11/2005 and other ads on the sepetember 2005. The perm was filed on the 12/9/2005. Then we waited long time. We didn't receive any confirmation email. I don't understand deny reason. Does it mean we can file perm after 90 days of getting PWD? but it doesn't make sense. Anybody can explain it
Click to expand...

You should re-read your PWD from SWA. There are some cases, they put "valid for 90 days or until the end of the year". It makes sense for all cases filed before Oct 1, but not later.
 
I heard that Maryland has introduced a new online PWD system and it is possible to get the Wage in just a couple of days. In case your advts are still valid then you should send in a PWD request immd and may be try and refile.
 
ximen said:
By the way, if I refile, does my priority date becomes the date of refile? That would pain since it's another 7 or 8 month delay since we need redo the PWD and it take long time here in Maryland
Click to expand...

I got my PWD from MD SWA in just one day last month (Feb 2006).
 
ximen said:
My perm got denied. The reason is: expiration date for PWD is either less than 90 days or more than one year. What does it mean?
I got the PWD at 10/15/2005 which states it's valid at least 90 days but not more than 1 year. job order placed on 9/1/2005, two sunday newspaper at 9/4/2005 and 9/11/2005 and other ads on the sepetember 2005. The perm was filed on the 12/9/2005. Then we waited long time. We didn't receive any confirmation email. I don't understand deny reason. Does it mean we can file perm after 90 days of getting PWD? but it doesn't make sense. Anybody can explain it
Click to expand...

From what you said, it appears to me like your PWD validity period for your case is from 10/15/2005 to 10/14/2006. (365 days). Note that the recruitment MUST BEGIN between these dates (during the validity period of PWD). It doesn't matter if PWD has expired as of the priorty date when the ETA 9089 is actually sumitted (online).
 
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newbies said:
You should re-read your PWD from SWA. There are some cases, they put "valid for 90 days or until the end of the year". It makes sense for all cases filed before Oct 1, but not later.
Click to expand...

My PWD says it's valid for at least 90 days but not more than one year. from my understanding it shoud be valid from 10/15/2005 to 10/14/2006. So the deny reason doesn't make sense since it's not expired at all during the process of my perm application. Is that right?
 
mvinays said:
From you said, it appears to me like your PWD validity period for your case is from 10/15/2005 to 10/14/2006. (365 days). Note that the recruitment MUST BEGIN between these dates (during the validity period of PWD). It doesn't matter if PWD has expired as of the priorty date when the ETA 9089 is actually sumitted (online).
Click to expand...

That's what my understanding for the validity. But are you sure the recruitment must begin within the validity period? I heard a lot of case that they start PWD request and recruitment same time. PDW request need one or two month here(I am talking about senerio last year). Then the recuitment is before PWD like my case. they don't have any problem with that. By the way, the deny reason doesn't say anything about recruitment .
 
on form 9089, question F7 and F8, what did you write there?
if you put 10/15/2005 and 10/15/2006, (though the second question ask for the expiration date ) , see the second date is " more than one year " from the first date... Is that a problem ?


ximen said:
That's what my understanding for the validity. But are you sure the recruitment must begin within the validity period? I heard a lot of case that they start PWD request and recruitment same time. PDW request need one or two month here(I am talking about senerio last year). Then the recuitment is before PWD like my case. they don't have any problem with that. By the way, the deny reason doesn't say anything about recruitment .
Click to expand...
 
ximen said:
That's what my understanding for the validity. But are you sure the recruitment must begin within the validity period? I heard a lot of case that they start PWD request and recruitment same time. PDW request need one or two month here(I am talking about senerio last year). Then the recuitment is before PWD like my case. they don't have any problem with that. By the way, the deny reason doesn't say anything about recruitment .
Click to expand...


Recruitment period must overlap with PWD validity period. If recruitment begins after PWD expires, PERM will be automatically denied. Hope this makes it more clear.
 
Your response to questions F-7 and F-8 must have triggered your denial. What did your employer/lawyer respond to those two questions?

Determination date: ?
Expiration date:?

Subtract these dates to get the difference.

According to the PERM final regulation, (F-8 minus F-7) cannot be lesser than 90 and and also cannot be greater than 365. The system will automaticaly deny if there in an error in data entry.
 
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mvinays said:
Recruitment period must overlap with PWD validity period. If recruitment begins after PWD expires, PERM will be automatically denied. Hope this makes it more clear.
Click to expand...
You make me more confused. we start recruitment before the pwd. The pwd is valid for one year so our recruitment won't begins after pwd expires. Are you saying you can not start recruitment BEFORE you get PWD?
 
bupthmt said:
on form 9089, question F7 and F8, what did you write there?
if you put 10/15/2005 and 10/15/2006, (though the second question ask for the expiration date ) , see the second date is " more than one year " from the first date... Is that a problem ?
Click to expand...
I don't know what my lawer put there. I'll talk to him. But from 10/15/2005 to 10/15/2006 is just one year, not more than one year, right?
 
ximen said:
I don't know what my lawer put there. I'll talk to him. But from 10/15/2005 to 10/15/2006 is just one year, not more than one year, right?
Click to expand...
No, it is more than one year because the difference is 366 days.


It is one year from 10/15/2005 to 10/14/2006 because the difference of dates is 365.
 
ximen said:
You make me more confused. we start recruitment before the pwd. The pwd is valid for one year so our recruitment won't begins after pwd expires. Are you saying you can not start recruitment BEFORE you get PWD?
Click to expand...
Yes, you can start recruitment before PWD. However, the timeline of PWD validity and the timeline of recruitment must overlap.
 
mvinays said:
Yes, you can start recruitment before PWD. However, the timeline of PWD validity and the timeline of recruitment must overlap.
Click to expand...
we start recruitment at 9/1/2005 by placing the job order and other ads on the newspaper at sepetember. We then wait about 2 months. During waiting we get the PWD at 10/15/2006(it's valid at leaset 90 days and not more than 1 year). Do you think this is overlaped or not? Thanks
 
On a second thought, in Feb. 2006 there's only 28 days, so maybe
it is ok even you put 10/15/2005 to 10/15/2006....

mvinays said:
No, it is more than one year because the difference is 366 days.


It is one year from 10/15/2005 to 10/14/2006 because the difference of dates is 365.
Click to expand...
 
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