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PERM Processing Labor processing through PERM

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  #1  
Old 04-24-2009, 11:23 AM
sekar sekar is offline
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Default Family relationship with employer for perm processing

Hi Guys:

Just now I started GC process and I sent my papers to attorney. My employer is a relative to me.

Does this a problem ? Because in GC questionnaire given by my attorney there is a question about this. I mentioned Yes and relation details.

Please let me know whether any one processed PERM with relationship with employer.

Thanks
sekar
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  #2  
Old 04-24-2009, 12:30 PM
snathan snathan is offline
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Originally Posted by sekar View Post
Hi Guys:

Just now I started GC process and I sent my papers to attorney. My employer is a relative to me.

Does this a problem ? Because in GC questionnaire given by my attorney there is a question about this. I mentioned Yes and relation details.

Please let me know whether any one processed PERM with relationship with employer.

Thanks
sekar
Yes..I heared about it as a problem.
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  #3  
Old 04-24-2009, 02:27 PM
sekar sekar is offline
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Yes..I heared about it as a problem.
Hi

I would appreciate if you can give me more information. Because just now I started.

Whether PERM will be approved or rejected ? Do you know anyone who did PERM like my case ?

thanks
sekar
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  #4  
Old 04-24-2009, 04:17 PM
sekar sekar is offline
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I work for my brother in law company. I am not sure whether this is a obstacle for PERM processing.

Thanks
Sekar
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  #5  
Old 04-24-2009, 05:30 PM
a_yaja a_yaja is offline
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Originally Posted by sekar View Post
I work for my brother in law company. I am not sure whether this is a obstacle for PERM processing.

Thanks
Sekar
Let me start off by telling you that this is not legal advice and you should not be using what I say to make decisions that affect your life (and possibly that of your spouse and children).

Having said that, it should not be an issue for PERM processing because as part of the PERM process, you are only trying to prove that there is no US citizen/ Permanent Resident to fill that position. There is no scrutiny of the candidate or the company. However, when it comes time to file I-140, there is a lot more scrutiny. At this stage, USCIS will examine both the petitioner and the candidate very closely. The fact that your sponsoring company is owned by your brother-in-law is going to make things more difficult (or not - you never know how USCIS works!). If your brother-in-law opened the company last month and then filed PERM and I-140 for you, he should be prepared to prove that everything is genuine and there in fact is a good business case for sponsoring you for the GC. On the other hand, if the company is well established, having good revenue and has not had any problems with USCIS and you are one among the many employees working for that firm, it will be easier to prove that no ulterior motive exists.

On the other hand, it might not be possible for a relative to petition for a GC in the Employment Based category. It might be a law and anyone who answers "yes" to that question might have the petition rejected straight away. That is why a lawyer is required in this scenario.

Use your judgment and consult a good lawyer for situations like this.
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