Urgent - Need some advice - Labor withdrawn

R

rspr

Registered Users (C)
Hello,

I would really appreciate your inputs on this. My lawyer (or DOL) really screwed me up. Sorry for the long text.

Background:
My company A got acquired by another company B. As part of the transition, my GC also got transferred to the new lawyer. Our new lawyer(B) filed address change with DOL. However, BEC sent my 45 day letter to my old lawyer(A). old lawyer(A) forwarded the 45 day letter to me and I forwarded that to new lawyer(B). New lawyer(B) responded to the letter as YES (atleast that is what lawyer says).

Present:
Today we received a letter under the name of company A (in CC), stating, "DOL is withdrawing the case per your request". I called on the new lawyer(B) and she says the following...
Old Lawyer(A) responded to BEC stating they are 'not representing my case any more' and New lawyer(B) responded 'YES'. DOL misunderstood the old lawyer(A) letter as withdrawal and sent you the notice. You don't worry, as we have all the paper work proof of sending YES to 45 day letter. I am actively following up and talked with few guys at the BEC.

Did any one face this situation before. I really need some advice. I am already on 7th year extension and this puts me in jeopardy.

Any advice?

Thanks
 
rspr,

You already have and sure will get some anxious monents due to this mix-up but in the end, your case is going to be revived...
No Government agency can close your case like this.

Just make sure your lawyer takes it seriously...

Good luck
 
I wouldn't worry too much about this. I am sure goof-ups like this one have happened countless times in the past. Furthermore, as far as my knowledge goes, a labor application can only be revoked at the behest of the employer who originally filed it. Even if an attorney inadvertantly applies for revocation of a Labor application, the sponsoring company can step in and correct the course.

So just relax. This is no big deal really.

Good luck!

-Abdallah
 
Here is my attorneys response to similar q

"I have never had a problem in the past with 45 day letters. These have been in existence for many years. The only difference is they are now coming from BRC's. If there is a problem with non-receipt we will straighten it out as needed i.e. call them or file a motion. I would not worry about this."

I am sure when you file a motion, it is enough to get an extension.



rspr said:
Hello,

I would really appreciate your inputs on this. My lawyer (or DOL) really screwed me up. Sorry for the long text.

Background:
My company A got acquired by another company B. As part of the transition, my GC also got transferred to the new lawyer. Our new lawyer(B) filed address change with DOL. However, BEC sent my 45 day letter to my old lawyer(A). old lawyer(A) forwarded the 45 day letter to me and I forwarded that to new lawyer(B). New lawyer(B) responded to the letter as YES (atleast that is what lawyer says).

Present:
Today we received a letter under the name of company A (in CC), stating, "DOL is withdrawing the case per your request". I called on the new lawyer(B) and she says the following...
Old Lawyer(A) responded to BEC stating they are 'not representing my case any more' and New lawyer(B) responded 'YES'. DOL misunderstood the old lawyer(A) letter as withdrawal and sent you the notice. You don't worry, as we have all the paper work proof of sending YES to 45 day letter. I am actively following up and talked with few guys at the BEC.

Did any one face this situation before. I really need some advice. I am already on 7th year extension and this puts me in jeopardy.

Any advice?

Thanks
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