Hello, I don't know if anybody here are in a similar situation as I am.
My company filed TR(EB3) for one of my coworker and I back in May 2002. In 2006, both of us asked the company to file PERM(EB3) for us since there is no progress at all with the TR. We got PERM approved in Sep 2006. Just recently, the company filed I140 for us using premium processing based on perm. Last month, my coworker got recruitment notice from BEC under TR, and the company refused to do it stating that they are worried that some qualified US citizens might apply and the TR won't succeed and that might even affect the new PERM. Since my coworker is already in the 6th year of H1B, so they don't want her out of status because of this.
Is this a valid concern? I haven't got my recruitment notice yet, and I need to persuade company to do that for me. My H1B expires at the end of 12/31/2007. I personally think the old case and the new case are independent, that is what the lawyer told us before, the perm is not a conversion, it is a new PERM. Even though there might be qualified people applying, that will just affect the old case, the new perm shouldn't get affected and therefore the 3yr extension beyond 6 years should still be valid.
But I am not a lawyer and they just keep saying that with PERM, there is no risk, it JUST take longer. But Gosh, if we only go with PERM, i really don't know how many years it will take to get GC, 10 more years??? I have already waited 6 years, cant' do that any more....
Any suggestions on this?? Did anyone's labor cert got rejected because of recruitment process? Who have faced the similar situation before?? Is there any lawyer you guys can recommend from a big law firm so his or her words might mean something to them....I am frustrated. I read an old post mentioning littlers firm but it seems only represent corporate clients...
Any suggestions would be greatly appreciated!!