PERM filing after PWD expired

G

gclc2014

New Member
Hi,

I am in 6th year of my H1 B and my employer has filed PERM on Oct 28,2013. I have valid VISA still end of this year. But when I looked at the filed PERM application (ETA9089). I came across few things.

Details:

PERM Filing Date (ETA9089) : Oct 28,2013 (not within PWD validity)

PWD Determination and Expiration : May 06, 2013 to Aug 04,2013

SWA JOB order: June 03,2013 to July 03,2013 (within PWD validity)

First Advertisement in Newspaper : Aug 11,2013 (not within PWD validity)

Second Advertisement in Newspaper : Aug 18,2013 (not within PWD validity)

Date Posted on Employer website : June 03,2013 to July 03,2013 (within PWD validity)

Date Advertised on Campus placement office: June 03,2013 to July 03,2013 (within PWD validity)

Date Advertised on TV or Radio : Aug 28,2013 (not within PWD validity)


My questions are:

1. As per above details have my employer filed the PERM correctly as it looks like PWD expired on Aug 04,2013 and we filed the PERM in Oct 2013?

2. Have my employer/attorney followed the guidelines while filing my case?

3. Do you think that this is straight forward audit or denial case because pwd expired?
 
PERM recruitment should be conducted during the validity period of prevailing wage determination which is until 08/04/2013. Only troublesome recruitment media in your case is two Sunday newspaper ads and date advertised on radio. Note: Actual PERM can be filed after expiration of prevailing wage determination.
 
Thanks for replying.
According to you, is it get audited or denied?
I have read some blogs and looks like we need start one of the recruitment during validity of PWD (in my case SWA order is there within PWD). Is that true?
 
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