Perm Denied - Can i use the old but valid PWD and re-apply

[nthaccker]

Hello all ,

My eb-2 perm labor got denied (due the employer failing to send some requested paper-work)

Anyways now employer wants to refile .

The Prevailing Wage that was used first time around is valid till 30th June 2013

Can we use the old pwd and refile for the same candidate (as advertisements have passed 180 days we will re-post those and wait for cool off period ..)

Any help would be appreciated

thanks!

Nishant

[Attorney_25]

That should work, assuming the information you have provided is correct and that all the information in the PWD is exactly what will be provided in the PERM application. If some change needs to be made to the application to resolve whatever issue caused the audit, then you likely will not be able to use the same PWD.

[nthaccker]

Really appreciate your quick response. That was helpful -- thanks Attorney_25!

Though wouldn't the PWD tracking number / code be tied to my old / denied application or that doesn't matter ?

The only change to the application will be the new advertisement dates - other things (job title , responsibilities , company information etc will all be the same)

Reason for denial :

Employer mailed in a PAPER application to save time (employer / lawyer DOL sub-accounts had forgot password issue) - bad choice !!!!! and then got an RFE requesting basic info : FEIN number proof / business proof which he failed to respond too..

Once again guys any help info will be really great

thanks

Nishant