9089 form was signed by employee, but employer and Fragomen changed the Mind...

[Manohar.Tumkur]

Hello Team - I am in a jeopardized state where i dont know whom to trust and what to do next.  any help or suggestion would really helps. 

I am really sorry to write an big story. As i dont know how to express, please excuse. 

Company Name: One of the biggest offshore based company.

GreenCard Processing vendor: Fragomen,.

My GreenCard process was initiated almost an year back, on 9/2016. This process took almost an year to conclude the recruitment and finally by July end, Fragomen had confirmed that they are going to draft my 9089 form and request me to respond ASAP as we are NEARING TO DEADLINE. Soon after,initial draft version was provided to my review. There were few correction required and after couple of review, it was fine and per process, i had signed and submitted the Soft copy. 

Fragomen confirmed and later when i had spoken with my employer and the immigration team, they confirmed me that, Fragomen has submitted the form for DOL review. With the trust, i didnt follow up for an while. But my friends had insisted to get the priority date and the confirmation mail for my reference.

So i started following with the Fragomen team, No one responded for almost 3 weeks [3-4 followup email], later on 8/22, Fragomen confirmed that they had not submit'd my 9089 form as my recruitment failed. They are not providing any information on what reason it failed.  Even my company is also not helping in anyway. 

I was in an impression that, Only after the recruitment passes and Employer will, 9089 form will be drafted. Once it has been requested for employee review, it means that 100% submission will happen. I really don't know what the mystery behind this. In USA,  just for rejecting or not considering for any interview, the company will give the proper justification, but here nothing?? Can H1B Employees taken for granted anything? we dont have any right to know??

With this, Does anyone will have any credibility or the trust with the Employer? and with the Fragomen?? [Fragomen claims it has the one of the best law form in the USA].

When i joined his company, the recruiter had given me a written email that, they will filling my green card after 6 month of completion? But now she doesn't bother to help or listen what is my concern? would this matter any way? Does USA employee allows cheating games? Can anyone easily play with employee situation? 

[JoeF]

If the recruitment phase found some other qualified people, then the GC process is over for that job.

A simple Web search would have told you that. And nobody here will comment on what some other law firm did or didn't do. The PERM phase is the employer's issue, anyway.

And there can never be a promise to a GC. Getting a GC is a long process, and there can be pitfalls at any step, like, in your case, the recruitment step. A recruiter email doesn't mean anything, anyway, only a letter from the company would, with signature of an authorized company officer.

[Brinda]

I am in a similar situation. Did the original poster get any solution or advice?