Urgent PERM issue

G

gc_issue

New Member
Hi,

I need your urgent help on a GC issue. Here are the facts:

- My H1B is going to expire 10/30/2006 (six years)
- I have my PERM application ready and the Ads are done already
- The attorney wants the start date of my earlier employer and that where the problem is.
- Earlier employer info:
- Started 10/29/2001
- After several months, (though HR confirmed to me personally several times that they did the filing) the H1B transfer was filed on Feb 2002.
- The lawyer got a receipt notice dated 2/27/2002, which we are unable to locate now due to the storage company it in Hurricane Katrina. Neither me not the company nor the lawyer have a copy of it.
- Approval notice comes a year later due to the latency back then caused by the security check introduced after 9/11.
- INS does not issue a duplicate of a receipt notice.
- End result is I have only an approval notice dated March 2003.
- The attoreny is not being much of a help in that issue.
- I have two options now:
- File with the correct date 10/29/2001 of work with no INS doc supporting that and have my chances.
- File with a later date (later than 2/27/2002) and have an umeployment gap of nearly 5 months and also incorrect start date.

Your help is very much appreciated. Thanks in advance for your time.
 
If you entered US first time
10/29/2001 then you have a small date stamp in your pp for INS record..



gc_issue said:
Hi,

I need your urgent help on a GC issue. Here are the facts:

- My H1B is going to expire 10/30/2006 (six years)
- I have my PERM application ready and the Ads are done already
- The attorney wants the start date of my earlier employer and that where the problem is.
- Earlier employer info:
- Started 10/29/2001
- After several months, (though HR confirmed to me personally several times that they did the filing) the H1B transfer was filed on Feb 2002.
- The lawyer got a receipt notice dated 2/27/2002, which we are unable to locate now due to the storage company it in Hurricane Katrina. Neither me not the company nor the lawyer have a copy of it.
- Approval notice comes a year later due to the latency back then caused by the security check introduced after 9/11.
- INS does not issue a duplicate of a receipt notice.
- End result is I have only an approval notice dated March 2003.
- The attoreny is not being much of a help in that issue.
- I have two options now:
- File with the correct date 10/29/2001 of work with no INS doc supporting that and have my chances.
- File with a later date (later than 2/27/2002) and have an umeployment gap of nearly 5 months and also incorrect start date.

Your help is very much appreciated. Thanks in advance for your time.
Click to expand...
 
You can do a FOIA (Freedom of Information Act) and ask INS for your records. But this usually takes several months. If you had a different attorney at the time of your joining, you could do a FOIA on him and ask him to furnish your records with him
 
Info

Thanks guys for responding but I came to US in 2000 with my first employer then joined second employer on 2001 and now I am with the third from 2004.

As for (FOIA) the attorney has advised againest it not to get much attaention to the case from INS.

I really do not know what to do. Any ideas?
 
If you had attroneys other than him representing you, you could do an FOIA on those. Attorneys are supposed to maintain all records.
 
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