my employer has applied for perm in feb 2018 but i feel like he is lying to me about it cause it does not take this long for approval
can u please suggest a way to find out for sure that he has applied, cause my sixth year starts jan 2020
or else if i can take any legal action against
Hi @frozen
If employer says he applied in Feb 2018, then yes, it most probably is a lie.
Why have you waited for almost 2 years to realize that it is a lie? Do you have PERM case number?
so it was fine till now cause i still had one more year on my H1
I have been calling him constantly and finally he gave me new Perm number
Case Number: A-19299-75603 Received: 10/26/2019
but my dilemma is what if he still lying about this and i want some form of receipt from him that he has officially applied for the perm
right now the status is pending with this number
Well, if you have the case number, then you know that it has been applied.
I cannot say to what extent your employer can lie but it does seem genuine. Also, your 6 year max out is approaching, so he would have probably applied in October as they also want you to continue working for them.
he gave me a case number last year also same kind off email with case number.
plus i also wanted to ask if i can apply with a different employer at this point of time
ok. Then, you should change your employer as they are trying to fool you all the time.
This simply means that they are starting the application on DOL website but are not submitting it for processing. The case number is generated as and when the application is started but nothing happens until it is submitted.
There is no way to find out if the application number is genuine or not.
You can apply PERM with new employer if they are ready to do it for you.
yes. Today when i try to check status with this number it shows pending status. should that be the case?
if they have officially applied
Thank u for the responses have been a big help
Hello, how did you check status? As far as I know, only employer or the attorney can check, right?
I am not sure if my concern is genuine, but need some help.
My employer said he filed my PERM in May 19, and he has forwarded me the mail from DOL (which contains the case number A-19xxx-xxxxx). Per him, got audit around the end of the year… My employer forwarded me the audit points in a word document (could have been manually prepared, who knows). Responded to the audit in a month or so. He mentioned that the perm was rejected at the start of the year. Have asked him and the attorney quite a few times to send me the denial letter to know about the reasons, but they never shared it. Employer mentioned got rejected because of some typo. So they appealed the status, and employer forwarded the email from DOL that case has been received for MTR. I also asked the attorney if they have filed, and I have an email from him saying it has been appealed. This made me believe that it has been appealed, and should be receiving the decision in the next few weeks or so.
Now, when I checked the quarterly and previous fiscal info about decisions made on the cases (Performance Data | U.S. Department of Labor), I could not find my case number!! This has really got me worried if they have genuinely filed my PERM, or are just fooling me around. I have a reason to be very concerned about this - my employer has already screwed up the perm processing for another guy (I am 110% sure about this), so he has the history of being fraudulent. That is the reason I tried to get emails from him and the lawyer. Can you please let me know if my concern is genuine? I am hoping it’s just an omission from the xls, but I am also thinking that the xls is the final list of all the cases.
So you believe that the list on foreign labor site is inclusive of all the cases? Is there any way I can confirm my doubt? I might decide to change employer if that is the case.
Also if there is any way I can sue them or complain with the DOL? Thanks for your reply,
The only way to confirm is to talk to your employer.
I do not think you can file a case for ‘not filing a perm’. Filing perm for you is employer’s decision and they may or may not do it.
I understand filing perm is employer’s decision. But if my employer has been implying that he has filed PERM and misguided me, and in actual, he has not filed it, can I complain in such a case?
I don’t know if anybody has done it before or if it will be any useful either.
You can talk to an attorney to plan your next step.