Please help: Query on prevailing wages

[PradK]

Hi All,

My wife's applicaiton is 'Remanded to Employer' for couple of things. The issue that we need clarification is about the prevailing wages. The prevailing wages for her job are about $86000 and the job post that need to be put at the place of work had a range of $69,000 to $90,000 PA. Now the Atl DOL comes back with a remand asking for repost (for 10 days) with lower end of the range within 95% of prevailing wage but didn't give the exact prevailing wage.

Did any one see such remands before?

Now also we are confused as to which prevailing wage should we use?

Can we use, the current OES prevailing which is higher than the prevailing wages when the application is submitted!

Or, leverage on the Permanent disclosure database prevailing wage column for her case and take that as the basis?

As said, current OES is higher (though her salary is a little higher than that, form 750A has old salary which is lower than 95% of current OES) than the prevailing wage from the database.

And, as usual the Attorney's are still investigating

Please advise,

Thanks,

 

[assur]

Originally posted by PradK
Hi All,

My wife's applicaiton is 'Remanded to Employer' for couple of things. The issue that we need clarification is about the prevailing wages. The prevailing wages for her job are about $86000 and the job post that need to be put at the place of work had a range of $69,000 to $90,000 PA. Now the Atl DOL comes back with a remand asking for repost (for 10 days) with lower end of the range within 95% of prevailing wage but didn't give the exact prevailing wage.
Very Simple: Repost Lower End (PW of profession/category/Level that mentioned in ETA750A)
Did any one see such remands before?
Yes
Now also we are confused as to which prevailing wage should we use? Sources where from your lawyer collected previousely
Can we use, the current OES prevailing which is higher than the prevailing wages when the application is submitted!
Highr - OK
Or, leverage on the Permanent disclosure database prevailing wage column for her case and take that as the basis?

As said, current OES is higher (though her salary is a little higher than that, form 750A has old salary which is lower than 95% of current OES) than the prevailing wage from the database.
Highr - OK
And, as usual the Attorney's are still investigating
Let attorney investigate - You paid for it not to fill the forms only that any body can do
Please advise,
Keep in touch with your attorney, followup, followup, followup..
Thanks,

Goodluck, it is piece of cake.

 

[PradK]

Re: Re: Please help: Query on prevailing wages

Thanks assur,

I guess I didn't mention but the initial reaction from attorney is to reply with the other small query answered and ask clarification on the prevailing wages. I didn't think, it made much sense, since prevailing wages is public information and DOL is not sitting on it!!! And, this exchanges take another 3-4 months...while we are counting every day/hour!!!

Now question is, which prevailing wages should we use old or new? If we use old will that be an issue since it is less than current OES wages. If we use new, should we also update the salary in 750 A with new salary, thus potentially avoiding another query since original salary won't be within 95% of new OES salary?

I am thinking that since we can modify the 750A/B any time before it is approved, we should change the salary to current salary as well as job posting for the new OES wage levels!?!

Any thoughts?





quote:
--------------------------------------------------------------------------------
Originally posted by PradK
Hi All,

My wife's applicaiton is 'Remanded to Employer' for couple of things. The issue that we need clarification is about the prevailing wages. The prevailing wages for her job are about $86000 and the job post that need to be put at the place of work had a range of $69,000 to $90,000 PA. Now the Atl DOL comes back with a remand asking for repost (for 10 days) with lower end of the range within 95% of prevailing wage but didn't give the exact prevailing wage.
Very Simple: Repost Lower End (PW of profession/category/Level that mentioned in ETA750A)
Did any one see such remands before?
Yes
Now also we are confused as to which prevailing wage should we use? Sources where from your lawyer collected previousely
Can we use, the current OES prevailing which is higher than the prevailing wages when the application is submitted!
Highr - OK
Or, leverage on the Permanent disclosure database prevailing wage column for her case and take that as the basis?

As said, current OES is higher (though her salary is a little higher than that, form 750A has old salary which is lower than 95% of current OES) than the prevailing wage from the database.
Highr - OK
And, as usual the Attorney's are still investigating
Let attorney investigate - You paid for it not to fill the forms only that any body can do
Please advise,
Keep in touch with your attorney, followup, followup, followup..
Thanks,

Originally posted by assur
Goodluck, it is piece of cake.