Urgent !!! Please advise on my options


justmyluck789

Recommended Posts

I am a direct employee of a large reputable American organization. Recently, the attorney of the large law firm representing my company informed me that he has completely screwed me over.

The labor application for my Green card has not yet been submitted. All the necessary paperwork was completed last year but I ran into a series of problems like wrong job description leading to potential candidates and then wrong classification during the wage determination step. Anyways, after all that, I was informed in April this year that the paperwork has been submitted. I was all set.

Last week, I was told that the status of my case in the online PERM application is still "unsubmitted" inspite of them submitting it. They were just contacting the Department of Labor to confirm that my case file is truely not submitted. They wasted 6 months. I feel absolutely outraged and helpless.

Now, I only have 4 months remaining on the max 6 yrs allowed on L1(2 yrs initially)+H1B visa combination in this country. Without any vacation, 6 yrs end in mid Feb 2012. However, when I last visited India, I got my H1 visa and i-94 valid until mid 2013 (I dont know how.. counting error?)

My company is great and our director has even promised me that he will do anything to get this right. Since all my initial paperwork has expired, they have restarted the labor filing process from scratch.

So, please give me pros and cons of the following options and if you have a better one, please let me know.

a) My company's attorney says that the 6 yr law is only checked when you go for an extension (June 2013) and by that time all the paperwork would be done. So, I need not worry and I should just continue working here.

OR

b) Since vacation is not counted, I could take a few months leave during christmas this year (was planning on a couple of weeks) so as to legally push out my end-of-six-yrs date. How long should I take based on current labor timelines (i-140 will be done through premium processing)?

The director has agreed to such a plan too. But a friend of mine says, out of sight for months could lead to out of mind. However, I doubt that my job is at risk. What do you think?

Also, can I work from home from India for those few months. Is that a good option?

OR

c) Any other plan that will work for me.

Also, planning on getting some legal consultation about this issue. Any recommendations

Link to comment

Based on the complex situation as described above it is best to speak to an experienced and knowledgeable attorney to discuss each of your options. I advise speaking to an attorney other than the current one handling your PERM application. The Murthy Law Firm is very well-regarded with extensive experience able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

Link to comment

Archived

This topic is now archived and is closed to further replies.