PERM + Job Order - A Unique Issue

L

labor2005

Registered Users (C)
Hi All,
As most of us know that to calculate time to file PERM case SAFELY is: 30 days Job Order with SWA + 30 Days quite period from the last recruitment effort.

I've an unique issue here and hope PERM gurus can help.

1. After obtaining PWD in Mid Jan 2006, my company claim to file job order in first week of Feb 2006.

2. After that they did all the recruitment efforts (sunday ads etc) and completed everything by some time in Mar 2006.

3. After that they waited for more than 30 days.

4. Before they could file PERM, they realized that they do not have exact Job order date, which is I think required to file PERM case. They contacted the SWA and found out that there is NO RECORD OF THIS JOB ORDER FOR MONTH OF FEB 2006. Infact, I called myself and they have my company registered but no record of this job order submission.
Now, I'm not sure if it's a fault of SWA or my company but my life has been screwed as I'm approaching end of my 6th year in Nov, 2006.

5. My company has file job order again today but my issue is:-
A. Do we need to wait again for 60 days (30 days with SWA + 30 days quiet period) or can we just wait for 30 days till the time job order is open and then file the case? Shouldn't that 30 days quite period starts from the last recruitment efforts (which ended in sometime in Marc 06).
B. Or worse case, should we need to repeat the whole story again, file job order, do recruitment effrots (sunday ads etc), wait 60 days?


Please help, what are the options?

Thanks,
 
need to have alteast 30 days quiet period after the job order.. sorry its too bad.. and make sure u figure this out before u file for perm... make sure none of the other recruitment efforts are more than 180 days old before u file for PERM and also u need to make sure that ur PWD is valid while u file for PERM
 
4evernp said:
need to have alteast 30 days quiet period after the job order.. sorry its too bad.. and make sure u figure this out before u file for perm... make sure none of the other recruitment efforts are more than 180 days old before u file for PERM and also u need to make sure that ur PWD is valid while u file for PERM
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Thanks 4evernp. First thing this retrgoression is killing and on top of that dumb companied and attorneys screwing up PERM cases. :(
 
Make sure all Start Dates and End Dates fall within 30-180 days prior to application filing. Except one secondary recruitment effort which may be within last 30 days and PWD which needs to be current (not expired) at the time of filing.
 
gdhiren said:
Make sure all Start Dates and End Dates fall within 30-180 days prior to application filing. Except one secondary recruitment effort which may be within last 30 days and PWD which needs to be current (not expired) at the time of filing.
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Hi gdhiren,
Thanks for the response. As you know, I'm literally very short on time as my H1 expiring in Nov 2006, I want to be on top of these issues and want to track each n everything from now onwards. Appreciate if you can help with these:-
1. How do you know if your PWD is current or not (mine was obtained in Jan 2006). I mean, does 30-180 rule applies to PWD as well?

2. If, say, PWD is not current, do I just need to obtain a fresh PWD or everything starts from scratch.

Thanks,
labor2005
 
Closed case - initiated for reopen

I wanted to share my experience on initiating the closed case for reopening.
My PD was May 2002 ( NON RIR, NJ) and case was lying with PBEC. A couple of months back I received my case number with "P". No 45 day letter till last week.

I was advised to check with PBEC about my case status. My American friend acted as my supervisor and called 484-270-1500 got the response that my case was closed as there has been no response for 45 day letter. The lady officer, after a polite conversation, advised to send a fax stating that we never received the "Continuation Option Letter" and requesting the case be reopened.

Letter was drafted and faxed to 484-270-1600. Successfully sent fax after continuously trying for 5 hours.

I guess if any one has not received the 45 day letter, they may have to soon get case status and initiate action.
 
labor2005 said:
Hi gdhiren,
Thanks for the response. As you know, I'm literally very short on time as my H1 expiring in Nov 2006, I want to be on top of these issues and want to track each n everything from now onwards. Appreciate if you can help with these:-
1. How do you know if your PWD is current or not (mine was obtained in Jan 2006). I mean, does 30-180 rule applies to PWD as well?

2. If, say, PWD is not current, do I just need to obtain a fresh PWD or everything starts from scratch.

Thanks,
labor2005
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PWD is generall valid from 90 days upto a year depending on SWA. If it's for 90 days and expire before you are ready to apply. You can request a new PWD from SWA. The PWD doesn't have to be within 30-180 days prior to filing, it has to be current and no advertisement, job order, notice of filing should show less wage than PWD or the one offered to alien whichever is higher.

Here is what the RULE says:
To use a SWA prevailing wage determination, the employer must file its application or begin the recruitment required within the validity period specified by the SWA.

You may not need new PWD if your first recruitment started within the validity period, or if you are not sure and confused, there is no harm in getting a fresh PWD, I don't think it takes a lot of time.
 
What happens if the PWD is valid at time of filing but the company has already advertized on Sundays? Can you advertize before the PWD validity starts?
 
braniand said:
What happens if the PWD is valid at time of filing but the company has already advertized on Sundays? Can you advertize before the PWD validity starts?
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Sure you can as long as you are not advertizing the pay rate below PWD rate.
 
gdhiren said:
Sure you can as long as you are not advertizing the pay rate below PWD rate.
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Hi gdhiren,
I've validated this with 2 attorneys and each and everything told by you is absolutely correct. Awesome dude!

Let me know if you are planning to open up your law firm. I'll be the first one to apply PERM from you. :)

Thanks,
labor2005
 
labor2005 said:
Hi gdhiren,
I've validated this with 2 attorneys and each and everything told by you is absolutely correct. Awesome dude!

Let me know if you are planning to open up your law firm. I'll be the first one to apply PERM from you. :)

Thanks,
labor2005
Click to expand...

Thanks. Glad I could help. Thanks to my Attorney :(, who screwed up my PERM twice due to silly date mistakes and I had to educate myself.
 
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