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Member Profile: MountainSeal (178 posts)

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Hello, I'm MountainSeal (report this user)
I am from India
I last logged in on 09 May 2014
I have been a member since 27 Apr 2012
I have added 178 posts in trackitt forums
I added my last post on 09 May 2014
MountainSeal's Posts
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Posted in H-1B Forum on 09 May 2014
Topic: H1b RFE

Whether it was employer's fault or her's doesn't matter.

If LCA job title/responsibilites do not match the same in supporting evidence (i.e. resume, client letter, exp letter etc), then the petition will be rejected. The LCA cannot be changed once submitted. A new petition with a new, matching LCA will have to be submitted.
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Posted in I-140 Forum on 09 Apr 2014
Topic: Does CTS revoke II40 if I change employer after I140 approval

dreamboy,

Did CTS revoke your I-140?
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Posted in Atlanta PERM Forum on 24 Feb 2014
Topic: June 2012 DOL Audits for Cognizant Technology Solutions (CTS)

Like KS said, prospective employers shouldn't ask you for the I-140 copy. Receipt number should suffice. If they insist, use FOIA to get the copy.

I'm not from BFS.
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Posted in Atlanta PERM Forum on 20 Feb 2014
Topic: June 2012 DOL Audits for Cognizant Technology Solutions (CTS)

You can get I-140 copy by FOIA, but you don't need it. Receipt number is sufficient.

How did you get the UK project? Same client?
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Posted in Atlanta PERM Forum on 20 Feb 2014
Topic: June 2012 DOL Audits for Cognizant Technology Solutions (CTS)

They're probably slower in your case because it's normal processing. When was the petition submitted?

Still, I believe RFE's need to be responded within 30 days, so they'll reach out to you soon.
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Posted in Atlanta PERM Forum on 20 Feb 2014
Topic: June 2012 DOL Audits for Cognizant Technology Solutions (CTS)

Reason for denial was unavailability of client letter, and insufficient evidence of employer-employee relationship (don't ask me how).

Don't understand your second question.

What's a reputed consulting firm? Any desi consulting firm, big or small, has the same stigmas and same risks attached. Are you willing to take that risk?
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Posted in H-1B Forum on 18 Feb 2014
Topic: H1B expired. Change employer based on approved I-140?

Thanks. As a follow on, if the I-140 gets revoked AFTER the new H1B has been granted, does the I-140 reovation retroactively affect the new H1B?
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Posted in H-1B Forum on 18 Feb 2014
Topic: H1B expired. Change employer based on approved I-140?

Thanks. Just to confirm, this can be filed immediately (as in, not having to wait for Oct 2014), and despite the fact that I'm already out of the US/I-94 date expired?
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Posted in H-1B Forum on 17 Feb 2014
Topic: H1B expired. Change employer based on approved I-140?

Hi All,

This question has probably been asked and answered multiple times, but I couldn't find the exact flavor for my situation, so here goes:

My H1B from current employer is expired. I have an approved I-140. Can another employer file for my 7th year, non-cap H1B based on my approved I-140 from current employer?
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Posted in Atlanta PERM Forum on 17 Feb 2014
Topic: June 2012 DOL Audits for Cognizant Technology Solutions (CTS)

GIT should have sent you the questionnaire within 1 week of RFE. If not, open a GSD.

Once you respond to the questionnaire, they will take another week or two to submit the RFE response to USCIS. At that point, your two week clock will restart (assuming your petition was applied in premium).
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Posted in Atlanta PERM Forum on 16 Feb 2014
Topic: June 2012 DOL Audits for Cognizant Technology Solutions (CTS)

I have opened a extension new case in MyVisa. There are a few projects with open positions for my profile, right now I'm working with AM's to see which will be the best fit.
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Posted in Atlanta PERM Forum on 26 Dec 2013
Topic: June 2012 DOL Audits for Cognizant Technology Solutions (CTS)

If you're submitting only SoW and no client letter, then try to at least have your name on the SoW, and/or submit a PO/SO with your name on it.
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Posted in Atlanta PERM Forum on 19 Dec 2013
Topic: June 2012 DOL Audits for Cognizant Technology Solutions (CTS)

If your extn was applied in premium, then you might as well pursue it instead of withdrawing. You can try to send draft SoW with a letter from AM or Manager saying that new SoW will only be signed in Jan. Worst case, you might get a second RFE, which will give you time to send the new signed SoW.
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Posted in Atlanta PERM Forum on 05 Dec 2013
Topic: June 2012 DOL Audits for Cognizant Technology Solutions (CTS)

Try to bump up to premium processing if you can. It would require your BU head's approval.

I think if you can get client letter, you should be ok with the extension. I could not get that because our client doesn't provide those.
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Posted in Atlanta PERM Forum on 03 Dec 2013
Topic: June 2012 DOL Audits for Cognizant Technology Solutions (CTS)

"Audit denied", you mean BALCA appeal denied?

If yes, in that case I believe the extension will be denied.

However, BALCA decisions will likely not come for at least another year, possibly more.
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Posted in Atlanta PERM Forum on 03 Dec 2013
Topic: June 2012 DOL Audits for Cognizant Technology Solutions (CTS)

Reapply based on open requirement.
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Posted in H-1B Forum on 02 Dec 2013
Topic: I-140 Approved. 7th year extension denied. Please HELP!

Hi All,

I completed my 6 years of H1B in Oct 2012, and departed the country since my PERM was still pending at the time.

In Aug this year, my I-140 was approved, and we applied for a 7th year extension based on that. Got two RFE's on the extension petition (my employer doesn't share the reason), and extension was finally denied today.

Some more background; I work for one of the big Indian IT firms. The client is direct (E-C). I worked for this client for 15 months in the US, and then remained with the same client for my entire stay in India. In response to the RFE's, we had sent the MSA, SoW, and manager letter (but no Client Letter).

Wondering what are my options now. I believe MTR/appeal takes a very long time. Can I apply for a fresh H1B extension petition (non-cap)? Would greatly appreciate any help!
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Posted in H-1B Forum on 02 Dec 2013
Topic: RFE on H1B 7th Year Extension

Hi Visathinker,

My extension petition for denied after two RFE's. Ironically, our immigration team said the reason was RFE's was NOT SoW duration.

I'm thinking the denial was due to absence of client letter (Client doesn't provide that). I know you were in this boat yourself sometime ago (I think we both work for the same Indian MNC too). Can you please tell me what you did? Did you apply for fresh petition in PP, with new SoW? I think MTR takes way too long right? Did you have a client letter when you applied again?

Thanks.
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Posted in Atlanta PERM Forum on 02 Dec 2013
Topic: June 2012 DOL Audits for Cognizant Technology Solutions (CTS)

Found out today that the extension petition has been denied.

For the second RFE, we responded with a different SoW with longer duration (8 months). But GIT person said the RFE was not due to SoW duration. She didn't say what the actual reason was. It took them about 1 month to respond for each RFE.
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Posted in H-1B Forum on 28 Nov 2013
Topic: L1-Extension rejected

Unfortunate situation, sorry to hear.

1. Never heard of one. Your best bet to confirm this is to get a consultation with Murthy Attorney ($150 for half-hour).

2. Yes, you should apply for a B1 immediately. It will allow you to stay legally past your I-94 expiration date, but you won't be able to work. You can apply for this yourself, specifically mention in the application that the reason you are applying is because you cannot travel now since your wife is pregnant (and send proof e.g. Doc Reports etc). Again I recommend hiring an attorney to help with this.

3. Since you cannot work after I-94 expiration, your company provided med-insurance will eventually cease. You should check with your company HR as to when exactly the coverage will end, and try to convince them to cover you at least until a week after delivery.

Sounds like 29th Jan would be right around the 9 month mark, so hopefully the delivery can be before the 29th. But don't take any chances, preserve your legal status by applying for COS to B1 immediately...cite pregnancy as the reason, and get a good attorney to do it correctly. Good luck and don't worry, with some good planning, you'll be ok!
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