On going issues on my family GC process
#1
BE Enthusiast
Thread Starter
Joined: Mar 2011
Posts: 379
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
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
#2
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
Rene
#3
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: On going issues on my family GC process
Fred16 - get your own lawyer involved.
Ian
#5
Forum Regular
Joined: Dec 2009
Posts: 102
Re: On going issues on my family GC process
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.
#6
BE Enthusiast
Thread Starter
Joined: Mar 2011
Posts: 379
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)
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)
#7
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
Rene
#8
BE Enthusiast
Thread Starter
Joined: Mar 2011
Posts: 379
Re: On going issues on my family GC process
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....
#9
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.
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.
#10
BE Enthusiast
Thread Starter
Joined: Mar 2011
Posts: 379
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.
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.
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
#11
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: On going issues on my family GC process
Quite simply, without the employer's cooperation - you'll never get a green card.
Ian