PERM Filed after PWD expired


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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?

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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?

1. Yes, that is an issue.

2. Ask them this discrepancy.

3. Refer 2.

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  • 1 month later...

Per the DOL regulations, so long as the earliest piece of recruitment was begun during the validity of the prevailing wage determination, then that PWD remains valid for use (even after expiration) during the entire validity period (180 days) of the recruitment.  

 

In this case, because your SWA was placed within the PWD validity period, you remain eligible to use that PWD for a LC filed until 180 days from the first day of the SWA posting (even though that falls after the PWD expiration). 

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  • 1 month later...

What exactly is meant by earliest phase of recruitment? My employer has advertised on the company website during the validity of PWD but they are planning to start all other required steps including placing SWA order, newspaper advertisement and posting notice at the place of business after a few days (PWD would have expired then). Can this cause any problems?

 

Thanks in advance for clarifying!

 

 

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Thanks. The process is being handled by an immigration lawyer but during the past filing, the attorney made a serious mistake, resulting in loss of more than 9 months. That's why I wanted to find out what they are doing this time (starting one step of recruitment but not any of the mandatory steps during the validity of the PWD) will not cause any problems later.

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