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Member Profile: MrChiltu (48 posts)

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Hello, I'm MrChiltu (report this user)
I am from India
I last logged in on 15 Jul 2015
I have been a member since 08 Dec 2013
I have added 48 posts in trackitt forums
I added my last post on 22 May 2015
MrChiltu's Immigration Cases
 
PERM case: Pending for 1619 days (1384 days more than average)   (3 comments)
User: MrChiltu Nationality: India
Priority Date:13 Aug 2013Category:EB3
Audit Received?:yesAudit Received Date:17 Mar 2014
Reason for Audit:Resume copies Employee has not paid for PERM fees Recruitment report copiesAudit Replied Date:02 Apr 2014
Application Status:pendingApproval/Denial Date:
Total Processing Time:Days Elapsed:1616 days
Case Added to Tracker: 19 Dec 2013 Last Updated: 26 Jun 2015
Notes: PERM under audit still.
MrChiltu's Posts
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Posted in Atlanta PERM Forum on 22 May 2015
Topic: Can I contact DOL?

It would be helpful if someone can post as to how the employer can contact DOL?

Reason I am asking here is to find out best & proven methods. I know there is a number to call on DOL website but it is not working out.

Also our attorney says we have to wait at least 2 months more Aug 2013 audited cases? Dont understand this logic either.
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Posted in Atlanta PERM Forum on 21 May 2015
Topic: Can I contact DOL?

What about the employer? can they contact DOL? If so, is it via email or telephone?

Thanks.
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Posted in H-1B Forum on 25 Feb 2015
Topic: Appeal Was Dismissed---H1B 8th year extn(Based on perm extn)

They did that for my 7th year extension. We had to sent PERM pending proof details and then it got approved. Of course this was in case of my 7th year extension.
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Posted in H-1B Forum on 25 Feb 2015
Topic: Appeal Was Dismissed---H1B 8th year extn(Based on perm extn)

Good news..if I understand correctly your h1b 8th year extension is approved? If so, please share the details.
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Posted in Atlanta PERM Forum on 14 Feb 2015
Topic: H1b 8th year extension-questions on 7th year recapture

I suggest you to open new thread and you may get responses.
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Posted in Atlanta PERM Forum on 13 Feb 2015
Topic: H1b 8th year extension-questions on 7th year recapture

Thanks Karan.
My employer is insisting the attorney office about recapture.
So before I explain the question I have, I wanted to ask you if you actually put recap of your late arrival into USA (after 7th year) approval in your 8th year h1b petition submitted?

Please respond and it will be helpful to me as we are planning to submit to USCIS today.
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Posted in Atlanta PERM Forum on 12 Feb 2015
Topic: H1b 8th year extension-questions on 7th year recapture

Thanks Karan.

I didn't entirely get your reply and I would request you to clarify again. Reason I am asking is you have also applied for 8th year extension with perm in audit and what are your plans if perm gets approved before USCIS officer picks up application?
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Posted in Atlanta PERM Forum on 12 Feb 2015
Topic: H1b 8th year extension-questions on 7th year recapture

a) So if PERM is approved when officer reviews the petition, they may not approve the 1 year extension without producing I140? even if we produce I140, will they approve as the petition is intended on PERM.

also is it true that officer may give 1 yr extension in case if PERM is approved without asking for I140?
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Posted in Atlanta PERM Forum on 12 Feb 2015
Topic: H1b 8th year extension-questions on 7th year recapture

Thanks ULMA.

Current thread answer:

I did stay full 6 years in h1b (left couple of days before maxout) and stayed outside USA for few months till I got h1b approval notice (7th year extension) and completed consulate interview and returned to USA.

Now we are applying for 8th year extension 6 months before. I understand that you mentioned we can't ask for recap of the late arrival. That's my question as to why we can't ask. Is it because this h1b was extended based on AC21. I was allowed to recap when I came late on my first h1b approval. Please let me know the reasons.

Other thread.
----------------
I understood your points but your reply seems to be cut off in the bottom. I am looking forward to the answers to those bullet points.
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Posted in Atlanta PERM Forum on 12 Feb 2015
Topic: What happens if PERM is approved with h1b extension is pending

Any inputs? I am deciding whether to submit the new petition for h1b extension or not.

Thanks in advance.
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Posted in Atlanta PERM Forum on 12 Feb 2015
Topic: August 2013 - Audit

Hi,

the dolstats website when clicked on Aug-13 shows many more records. I must be doing something wrong in identifying those PERMS by PD date.

Also, how many Aug 2013 cases have been approved so far with data from dolstats?
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Posted in Atlanta PERM Forum on 12 Feb 2015
Topic: H1b 8th year extension-questions on 7th year recapture

Karan and Ulma

I had another question in a separate thread. Please share your views.

http://www.trackitt.com/usa-discussion-forums/a...
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Posted in Atlanta PERM Forum on 12 Feb 2015
Topic: What happens if PERM is approved with h1b extension is pending

The title should be

"What happens if PERM is approved or denied" while h1b extension petition is in-process (pending)



We are applying new h1b extension petition (8th year) based on PERM that is under audit. We are hoping for 1year extension.

My PD is Aug 15,2013 and I am currently on 7th year extension approved until Aug 15,2015.

When the h1b petition is reviewed by USCIS officer and if that time (say Mar or Apr or May 2015), what happens to the following scenarios?

a) PERM got approved and I am sure officer can date of approval also.

b) PERM got denied

c) PERM moved to next level of audit

d) PERM is still pending (no changes since we submitted petition)

I am guessing (d) will get 1 year extension. What about other conditions?

Do they issue REF or deny? If they deny, can we re-appeal on same petition?

Please suggest.
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Posted in Atlanta PERM Forum on 12 Feb 2015
Topic: H1b 8th year extension-questions on 7th year recapture

Karan : My earlier question to you was on the start and end date for your 8th year petition. Was it just one year or did you try to add the dates that you came to late to USA (after getting 7th year extension approved and completing consulate interview etc). Please ask me if didn't get my point.

There is another question that you may be going through. What is PERM gets approved by the time USCIS officer opens your 8th year petition. Do they still give 1 year or put RFE ?

Appreciate your reply on both of the above questions.
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Posted in Atlanta PERM Forum on 12 Feb 2015
Topic: H1b 8th year extension-questions on 7th year recapture

Thanks Karan.

They didn't gave me for 1 year but instead gave me Sep 2,2014 to Aug 13,2015 as case got approved on Sep 2,2014. Out petition had Aug 13,2014 to Aug 13,2015.

Another question, is after you got h1b extension and completed consulate interview in India, did u use those days to recapture when you filed 8th year extension?
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Posted in Atlanta PERM Forum on 12 Feb 2015
Topic: H1b 8th year extension-questions on 7th year recapture

What's your case ? Did you also had recapture of some dates in the 7th year approval?

My case is not about whether we can request 1 year extension based on pending perm but it is about recapture of days because I came late to USA and others as I mentioned in OP.
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Posted in Atlanta PERM Forum on 12 Feb 2015
Topic: H1b 8th year extension-questions on 7th year recapture

Ulma:

Thanks for the reply. So we can't recapture for h1b extension that were approved with AC21 ? Is there a link that can confirm with that?
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Posted in Atlanta PERM Forum on 12 Feb 2015
Topic: new perm by new employer while on 7th year extension.

Karthik,

Question here.

Let us say we apply for h1b extension based on PERM pending (more than 365 days) and when it gets reviewed by USCIS officer and if at that point of time, PERM is approved our petition will be denied or we will still get 1 year because PERM is approved (at that time when officer reviewed our petition but was pending when we submitted the petition).
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Posted in Atlanta PERM Forum on 12 Feb 2015
Topic: H1b 8th year extension-questions on 7th year recapture

Thanks Karthik.

The clerk at attorney says we can't recapture because mine was consular processing (as I was in India by the time h1b petition was approved). I don't think that is correct. Is there any USICS link?

Also USCIS didn't give it for 1 year. They gave from Sep 2,2014 till Aug 13,2015. As per the clerk, we can't to do anything in this new petition. Is it true?
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Posted in Atlanta PERM Forum on 12 Feb 2015
Topic: H1b 8th year extension-questions on 7th year recapture

PERM date : Aug 15,2013
PERM in audit as of now.

I had to return to India in July 2014 and we had filed 7th year asking from Aug 15,2014 to Aug 14,2015. This petition got approved by USCIS (after RFE) on Sep 2,2014 and I was given till Aug 14,2015.

I was in India till Sep 30,2014 and came to USA on Oct 1,2014.

Now we are submitting 8th year extension based on PERM pending from Aug 15,2015 till XX/XX/XX.


The XX/XX/XX will be Aug 14,2016 plus the following days of recapture.

a) Aug 15,2014 to Sep 1,2014.

b) Sep 2,2014 till Sep 30,2014

Is this fine? OR do the recapture doesn't apply for h1b based on AC21 as I was in India.

Please suggest
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