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Atlanta PERM Discussion Forum
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Fragomen Audited Cases

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Posted by protham (7) 07 Feb 2010
It’s really a good news that approvals for Jan 2008 Audit applications have started
http://www.trackitt.com/usa-immigration-tracker...
Mine is also a Jan 2008 Audited case filed through Fragomen. I am extremely worried after finding that a Dec 2007 Fragomen case has been rejected
http://www.trackitt.com/member/bkvirginia
Anyone in Oct/Nov/Dec 2007 Fragomen filed audited cases getting approvals? I would be interested to know about any approvals/ rejection for Fragomen cases .
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Posted by murthyj (19) 07 Feb 2010
to protham:

I will be curious to see the reason for denial.

My attorney is Fragomen with PD of Dec 10, 2007. Anxiously waiting!!!
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Posted by protham (7) 07 Feb 2010
to murthyj :
As we are getting Jan 2008 approvals, I guess its the time to write back to Fragomen folks. Are you aware of any recent Fragomen approvals ( for audited cases) ?
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Posted by murthyj (19) 08 Feb 2010
I did send them an email....I know what they would come back with......I am not sure if they/me can do anything about this....except to wait
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Posted by rajraj (86) 08 Feb 2010
to murthyj:

ALL,

Fragomen is known to withhold information from the beneficiary and is also notorious about advising the employer to do the same....Fragomen is known to spend a lot of money in bribes, lavish dinners, sponsored conferences etc with the HR personnel at their clients and so even your employer to listen to them....

If you suspect any foul play by Fragomen or your employer and if they are not sharing all the information with you, you can always obtain a complete record of your immigration by filing a Freedom of Information Request with the US DOL under the FOI Act. You will get a complete photo-copy set of ALL your immigration records within 45 to 60 days. If there are more than 100 pages then a small fee of$45 to $60 will apply. You can information on this under the FOIA section of the US DOL website.

I have used this as my employer also uses Fragomen and they both have a mutual understanding of you scratch my back and I scratch yours...they cover up for each other and are just pathetic....I was able to get complete records copies of my H1, pending perm, audit request, audit response, etc under FOIA....
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Posted by FlyCD (31) 08 Feb 2010
to rajraj:

I agree...Fragomen messed up my case but they keep refusing it..The sad thing is the HR personnel in my company is standing on their side..I think she got brainwashed from Fragomen. I am about to file FOIA. Applying a PERM through Fragomen is just a waste of money and time!
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Posted by rajraj (86) 08 Feb 2010
to FlyCD:

FlyCD as I said your employer is being bribed by Fragomen with all lavish gifts and illegal gratuities that is making her side with Fragomen....that is Fragomen's strategy...they know they are loosing out on new clients due to their bad reputation and the emerging new law firms with immigration expertise...the only way Fragomen can survive is by bribing existing clients while screwing internationals due to their mistakes....

Any additional information on the suspected games Fragomen has played with your case will be helpful in alerting others...plz share.
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Posted by murthyj (19) 08 Feb 2010
to rajraj:

Ok got a reply back from attorney.

-> have not seen any Jan 2008 audited cases
-> still receiving Nov 2007 cases
-> a very few Dec 2007 cases

DOL has huge backlog. So wait.

So I will wait...the more I get excited...more I get mad...so will try and think about other things
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Posted by FlyCD (31) 08 Feb 2010
to murthyj:

"DOL has huge backlog. So wait." everytime I send an email to Fragomen I receive the exactly same response from them.
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Posted by rajraj (86) 08 Feb 2010
to murthyj:

Murthyji - You should take the bull by the horn and do something to put your mind to rest!!!! why don't you apply for your documents under the FOIA? You will feel much better knowing what's actually going on....information is power.

Has your attorney Fragomen even provided you your PERM case number?
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Posted by murthyj (19) 08 Feb 2010
Yes, they did provide the case #.

My interaction is with paralegals, they are very prompt and sweet in their responses back. I am sure every second they spend on my email, they will be charging a minute to my company. So, I don't bug them a lot.

But to your point regarding FOIA, since my case is still not adjudicated, how do you think that information is useful for me or how can I use this information? I understand if case is rejected then this information can be used to find specifically what was the reason or who screwed it up.

Also, if I request this information do you think my attorney/my company would know about it....and what will happen if they know about it. I really don't want to start fires and spend my time putting off those fires.

Because I did start a big fire when they said they will do my case as EB3....and then later I reconciled to the fact thats how it going to be - after spending lot of time sending angry emails and having agitated chats with my partner....

Thanks
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Posted by rajraj (86) 08 Feb 2010
to murthyj:

Murthji

I dont know about you but I rather look at my case info prior to adjudication versus after when its too late. For instance my company and their attorney, Fragomen refused to share the audit response with me . I obtained the info under FOIA and realized that the explanation provided was adequately supported. If you are not the est judge you could always retain an outside attorney to review the info for you. I pushed my company to submit a memo with additional supporting documents 6 months after they had already responded to the audit. I am keeping my fingers crossed....at least it gives me peace of mind to know what I know....

No one will find out about FOIA....its between you and the DOL....the info being provided to you is under the right and ownership of FOIA and it is not disclosed to anyone....moreover no one can fire you for executing your rights under the law...you are not taking any action against your company or the law firm hired by them....

It seems like you work for one of the Big 4 firms....is that correct?
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Posted by murthyj (19) 08 Feb 2010
to rajraj:

That's right. I should have said my manager instead of my partner :)

It makes sense, I don't even know what my audit was for in the first place...
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Posted by rajraj (86) 08 Feb 2010
to murthyj:

thats okay murthyji :-) but remember partners apply not only to the Big 4 but law firms, consulting companies, etc...:-)

BTW there is only one Big 4 Firm that uses Fragomen.....:-( none of the other 3 firms use Fragomen anymore...they got rid of them years back as their primary attorney's....the HR person from this Big 4 firm is strongly bribed by Fragomen according to the word on the street...she will bend over backwards to cover up all errors by Fragomen!!!
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Posted by murthyj (19) 08 Feb 2010
to murthyj:

This is the link provides details for requesting FOIA for labor application:-

http://www.dol.gov/dol/foia/guide6.htm#how

This link helps frame the letter:-

http://splc.org/foiletter.asp

RajRaj:

would you mind sharing what details should I provide the to FOIA liaison regarding my application, besides my Case #?
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Posted by path2murthy (31)   08 Feb 2010
to murthyj:

To which address we need to send the FOIA Request Letter to obtain info on our perm application?
Is it this address?

U.S. Department of Labor
200 Constitution Ave., NW
Washington, DC 20210
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Posted by protham (7) 08 Feb 2010
Thanks murthyj for the FOIA info.

Did anyone found a recent approval for Fragomen audited case ?
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Posted by rajraj (86) 08 Feb 2010
to murthyj:

Murthyji try to provide as much info as you can such as date of filing, employer name, etc. ..it will help them locate and send you your records faster....

Also keep in mind that individuals that do not have their case number can also obtain their records but it would just take a little longer....hope this helps!
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Posted by path2murthy (31)   09 Feb 2010
to rajraj:

FOIA Request

February 8, 2010
Division of Foreign Labor Certification, ETA
Employment and Training Administration,
Atlanta National Processing Center,
Harris Tower,
233 Peachtree Street,
Suite 410,
Atlanta, Georgia 30303

Dear Chief,
Pursuant to the state open records law, Ga. Code Ann. Secs. 50-18-70 to 50-18-77, I write to request access to and a copy of all the documentation related to
â?¢ My PERM Filing
â?¢ Documentation of the Audit Notice issued by DOL Atlanta
â?¢ Documentation of the Audit Response given by the Petitioner
Here are the details of my PERM Application.

Beneficiaryâ??s Full Name
Beneficiaryâ??s Last Name
Beneficiaryâ??s First Name
Beneficiaryâ??s Middle Name

PERM Filing Date DD-MON-YYYY
ETA Case# A-XXXXX-XXXXX

PERM Audit Notice
Issued on DD-MON-YYYY or Approximate Month

PERM Audit Responses
Sent to DOL Atlanta Via FedEx/DH/USPS
FedEx Tracking # xxxxxxxxxxxxxxxxxxxxx
Response Received By DOL on DD-MON-YYYY

If your agency does not maintain these public records, please let me know who does and include the proper custodianâ??s name and address.
I agree to pay any reasonable copying and postage fees of not more than $50/$100. If the cost would be greater than this amount, please notify me. Please provide a receipt indicating the charges for each document.
As provided by the open records law, I will expect your response within three (3) business days. See Ga. Code Ann. Sec. 50-18-70(f).
If you choose to deny this request, please provide a written explanation for the denial including a reference to the specific statutory exemption(s) upon which you rely. Also, please provide all segregable portions of otherwise exempt material.
Please be advised that I am prepared to pursue whatever legal remedy necessary to obtain access to the requested records. I would note that willful violation of the open records law can result in the award of reasonable attorney fees and other costs of litigation. See Ga. Code Ann. Sec. 50-18-73(b).
Thank you for your assistance.
Sincerely,
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Posted by FlyCD (31) 10 Feb 2010
to path2murthy:

Thanks Path2murthy..
Btw I've seen a Fragomen case audited 3 times and approved over 800 days after.
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Posted by urspvs (12) 13 Feb 2010
to FlyCD:

Hi,
I was asked to send the signed ETA form to DOL through my employer.I don't know on what purpose the DOL asked me to do that.
Did anyone have the same experience as a part of Audit?If yes, pls let me know on how long will it take it get Audit approved?
Thanks,
PVS
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Posted by murthyj (19) 14 Feb 2010
to urspvs:

I think its standard procedure at Fragomen. I can only wish your case doesn't take the same time as its taking for me....

I singed and sent ETA from in Feb 2008 and I am still waiting to hear back from DOL.
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