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On going issues on my family GC process

On going issues on my family GC process

Old Apr 16th 2014, 9:28 pm
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Default On going issues on my family GC process

Dear all

From previous posts you are aware my family GC card process has been an ongoing nightmare.

Got worse at weekend when we sent our son back to UK as ageing out mid may ( we did book a return flight for which he knows not to take if GC is completed by then ).

So here are my questions and will attempt to stick to the what I know

My H1b was applied for so we have 33% chance of getting it

My wife L1 and thus my L2 with EAD will expire October1st

We have been here since Spring of 2007(wife always on L1b), me a mixture of L1b, H1, L2 - Employer is the same

Question1
Now my current employer said they filed PERM applications December 2012 ( yes 2012 ).
Does it sound reasonable we have had no approval or denied yet?

Employer advises there is no way to find out, although when I pointed out you can do a request via local congressman. They said dont do that as that request nearly always ends up in a denial

Question2
a)If all of a sudden PERM was approved in next two weeks and concurrent filing available, could our 20yr son return before his 21st birthday if the concurrent filing was completed?

I know the Eb3 PD does not quite get us to December 2012


b)Would this also allow us to remain, even if I miss H1b application?

Ie PERM and concurrent filling completed
I presume I have until October 1st for us(excluding eldest who aged out)

Question3
Another company has asked my to join their team in a senior role that could get me Eb2 ROW. Should I act quickly on this and the new company agree to GC at EB2 then
a) what happens to the PERM my current employer has filed
b) could new employer do a new PERM and get it expedited to get our eldest son home with us, or is just too late

I think I am okay with the rest, ie having to leave US if no H1b and no PERM and new company not getting me into Eb2

Hopefully this all makes sense, it has been a very stressfull few weeks
We are just trying to find best outcome for our youngest as well now, as 2 years until graduating HS

Thanks
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Old Apr 16th 2014, 10:49 pm
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Default Re: On going issues on my family GC process

Wow. I would say all this is pretty much beyond the scope of an internet forum made up of mostly laymen. If I were you, I'd have a consultation with an immigration attorney (not the company ones).

Rene
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Old Apr 16th 2014, 10:53 pm
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Default Re: On going issues on my family GC process

Originally Posted by Noorah101 View Post
If I were you, I'd have a consultation with an immigration attorney (not the company ones).
I agree 100% because this part... "They said dont do that as that request nearly always ends up in a denial"... sure sounds like they never submitted the paperwork in the first place and simply don't want to get found out.

Fred16 - get your own lawyer involved.

Ian
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Old Apr 17th 2014, 2:15 pm
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Default Re: On going issues on my family GC process

Originally Posted by Fred16 View Post

Question1
Now my current employer said they filed PERM applications December 2012 ( yes 2012 ).
Does it sound reasonable we have had no approval or denied yet?
It is not reasonable, but it is realistic. I'm waiting on a PERM filed August 2012.
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Old Apr 19th 2014, 1:56 am
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Default Re: On going issues on my family GC process

Originally Posted by triptastic View Post
It is not reasonable, but it is realistic. I'm waiting on a PERM filed August 2012.
Just look at trackitt.com and your answer is there, has all the timings.

Last edited by BostonBrit Expat Since 03; Apr 19th 2014 at 1:58 am.
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Old Jun 19th 2014, 5:32 pm
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Default Re: On going issues on my family GC process

We found out today we were not successfull in the H1b lottery.
When i spoke to employer they refused to give me PERM A number so we could perform a congressional inquiry as it would put the whole company under a negative light. To be honest for us Adults we dont care, however for those that have left US with a child who has done 7 years of US school with 2 years to graduation how did you kids re-adjust back to UK school(if any on here with that circumstance)
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Old Jun 19th 2014, 6:10 pm
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Default Re: On going issues on my family GC process

What is it that you need to inquire about from Congress? It sounds like you know the status of your case.

Rene
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Old Jun 19th 2014, 6:18 pm
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Default Re: On going issues on my family GC process

Originally Posted by Noorah101 View Post
What is it that you need to inquire about from Congress? It sounds like you know the status of your case.

Rene
All work attorney says PERM is in progress. When I spoke to an independant attorney they said you could file a request to see where it really is. However work refuse to pass on the PERM A number. Just clutching at any straw possible to get our kid to graduation..work as yet have not even decided on my role once we leave here....
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Old Jun 19th 2014, 6:31 pm
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Default Re: On going issues on my family GC process

Interesting -- the PERM process does not generate an "A" number. I don't find it particularly shocking that the attorney won't give what doesn't exist.

I can easily imagine inquiry with Congressional liaison about "my immigration case" and the case worker responds "I need your "A" number."

I'm glad I don't have my own practice anymore.
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Old Jun 19th 2014, 6:46 pm
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Default Re: On going issues on my family GC process

Originally Posted by S Folinsky View Post
Interesting -- the PERM process does not generate an "A" number. I don't find it particularly shocking that the attorney won't give what doesn't exist.

I can easily imagine inquiry with Congressional liaison about "my immigration case" and the case worker responds "I need your "A" number."

I'm glad I don't have my own practice anymore.
That makes sense then
What is the A-12345-67890(not real, but should start A-12349[ish]) number then from DOL stats.
This was the number I was asked to get.
Work say its Pending...but its been 18months
Need to get this Certified to be able to continue the GC process
I understand employers have access to this reference. They refuse to pass this information on
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Old Jun 20th 2014, 4:06 am
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Default Re: On going issues on my family GC process

Originally Posted by Fred16 View Post
I understand employers have access to this reference. They refuse to pass this information on
You were advised - months ago - to get advice from your own attorney. Did you - and if so, what did your attorney say? If not, do you think now that, perhaps, you should have gotten your own attorney?

Quite simply, without the employer's cooperation - you'll never get a green card.

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