Perm Denial due to 656.26

[rohit19]

Hi my Perm has been denied based on the fact that prevailing wage period listed on the ETA form 9089 is less then 90 days. Dates are from 04/02/2009 till 06/30/2009. But if I count the days they are 90 (April 29 + May 31 + June 30 = 90). I am not sure if they don’t count April 2nd and 30th June as a day. Has any body faced the similar problem? Any thoughts?

[urus]

Now what did you pay your lawyers for?

Couldn't your lawyers (and especially your case-assigned paralegal) count to 90?

[rohit19]

Hi URUS,
My paralegal not able to catch this and I brought this into her attention but she said that some time they don't count first day in my case it is 04/02/2009. But do any body have any experience with similar situation.

[leeji2003]

Hi my Perm has been denied based on the fact that prevailing wage period listed on the ETA form 9089 is less then 90 days. Dates are from 04/02/2009 till 06/30/2009. But if I count the days they are 90 (April 29 + May 31 + June 30 = 90). I am not sure if they don’t count April 2nd and 30th June as a day. Has any body faced the similar problem? Any thoughts?

I believe we are in the same boat. Except for the dates listed on ETA 9089, did you check the actual valid date period from your state workforce. Your attorney should request that before filing and keep the record for that. Mine is that the the listed dates are less than 90 days, but the original notice from state workforce clearly shows it is valid for 90 days. Therefore, I will go to RFR option. Let me know your case in more detail so we can share the information.

Thanks!