PERM review filed in Sept 2013. Neither Atlanta office nor BALCA know where the file is

siditis

By siditis,
in PERM

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siditis Newbie

siditis

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Hello,

My H1-B's 6 years are going to be done in Sept 2015.

My employer filed the PERM on Aug 6th, 2013. Got a denial based on incorrect formatting of date, etc. in the form (basically form over substance) on Aug 20th. Filed a review on Sept 18th, 2013.

It has now been a year and when we try to contact the Atlanta National Processing Center and BALCA, none of them can find the ETA Case number in their system.

 

Is it possible that the package can get lost at the Atlanta center?

There is direct number to get in touch with a real person at Atlanta. There is only an option to leave a voicemail. How do I find out for sure what happened to the appeal?

 

Since now I have less than a year left on my H1-B, what options do I have? I can't even appeal again because the file itself is missing.

 

I am in an extremely tight spot. Please help.

 

Siddharth

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siditis Newbie

siditis

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Thank you for the response.

The attorney is already preparing a fresh PERM application with my employer.

 

Parallel to this, since the attorney has proof of UPS delivery that the package was delivered and received by BALCA on Sept 19th, 2013 (within a month of the denial). So even if they have lost the file, can this proof of delivery be used to talk to BALCA to resend the file again and not have to go through the entire process of filing a new application?

As long as the status can be shown as pending for the original PERM after BALCA acknowledges the 'error' on their end, I can then file for the extension of H1-B.

 

Please suggest if there is any precedence of such a happening of BALCA losing a PERM appeal file and if they can accept the previous file again?

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