PERM Denied- Prevailing Wage Expiration Date Less Than 90 Days

S

sjsha

Registered Users (C)
Hi folks,

My PERM got denied, the reason for denial was that the prevailing wage rate expiration date was less than 90days. The thing is the prevailing wage rate was requested in mid-Oct and on the wage rate form it mentions that this wage rate is valid until the end of the year (ie Dec 31,2005.) which means it is not possible for the prevailing wage to be more thand 90 days.

Is it worth appealing the case or should I refile. If I refile I would have to start the PERM process from the beginning as my ads are now over 6mths old.

Please advise.

Thanks
 
I am in the same boat with you, maybe there are other people. If so, maybe it is just a problem of the misunderstaning between PERM processing center.

I am in the NJ, state DOL will provide a letter to support my appeal.
 
Problem with NJ SWA

lntravler said:
I am in the same boat with you, maybe there are other people. If so, maybe it is just a problem of the misunderstaning between PERM processing center.

I am in the NJ, state DOL will provide a letter to support my appeal.
Click to expand...


According to PERM rules SWA must issue PWD for validity of not less than 90 days... NJ must issue for not less than 90 days.
 
(1) I am not sure how long it will take to appeal, my lawyer will call Altanta tomorrow to find out what the officer's altitude.

(2) When my lawyer request PW in mid October, NJ DOL may not realize the problem of PWD validity. DOL updated the PW in the early Jan. Since NJ DOL realized that they gave the inaccurate information to my lawyer, thus they are willing to write a letter stating that the PWD is still valid then.

(3) My ads are still valid so far, maybe just withdraw my case and fixed it.

(4) Obviously, my PWD is still valid even a wrong date was input.

(5) it is the first year-over-over for PERM processing, thus I understand that DOL and/or lawyer could make some mistakes. I wish Altanta processing center would think this way.

Best wishes for everyone
 
I resubmitted my PERM today.

(1)was told that appeal could take too much time.
(2)click away is easier, lawyer himself may not want to take efforts, I also don't want to bother my boss to sign this and that.

Anyway, just keep waiting!
 
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