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Member Profile: gb23456 (20 posts)

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Hello, I'm gb23456 (report this user)
I am from India
I last logged in on 06 Oct 2017
I have been a member since 28 May 2013
I have added 20 posts in trackitt forums
I added my last post on 11 Jul 2015
gb23456's Immigration Cases
 
PERM case: Approved in 520 days (285 days more than average)   (5 comments)
User: gb23456 Nationality: India
Priority Date:19 Mar 2013Category:EB2
Audit Received?:yesAudit Received Date:29 Oct 2013
Reason for Audit:Random AuditAudit Replied Date:07 Nov 2013
Application Status:approvedApproval/Denial Date:21 Aug 2014
Total Processing Time:520 daysDays Elapsed:
Case Added to Tracker: 20 Jun 2013 Last Updated: 21 Aug 2014
Notes: My PERM got certified on August 21, 2014. My attorney informed me. Thank GOD!!
gb23456's Posts
Posted in I-140 Forum on 11 Jul 2015
Topic: 7th year H1 expired, Applied for H1 ext based on approved I140

My passport was stamped with 1 year H1 Visa (7th year). It got expired. But before it expired, my I140 got approved. Hence my company applied for I140 based H1 extension. I am staying in US based on H1 extension receipt only.
So before my H1 gets approved from my current employer, am I eligible to transfer my H1 to another company just based on approved I-140?

thanks and regards...
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Posted in I-140 Forum on 10 Jul 2015
Topic: 7th year H1 expired, Applied for H1 ext based on approved I140

Hi
My 7th year H1 expired on May 28th 2015 which was based on PERM pending more than 365 days.
Now my I-140 approved. My company applied for H1 ext based on approved I140.
My question: Am I eligible to transfer my H1 just based on approved I-140 even I do not have valid visa.
Currently I am in US and staying based on I-797 receipt.

Thanks
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Posted in I-140 Forum on 29 Aug 2014
Topic: Advise needed on job change

Thanks a lot for your info.
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Posted in I-140 Forum on 29 Aug 2014
Topic: Advise needed on job change

Hi
My situation is little different and I also need a advise if I can change a job and how:
1. I stayed in US for complete 6 years. Currently I am in India and working with same company in India for same US client and for same project
2. Earlier I received my PERM audit (Random audit).
3. After PERM was pending more than 365 days, my company applied 7th year extension. I have 1 year H1B and with Visa stamped till Jun 2015.
4. PERM is certified now. I-140 is also certified.
Due to budget constraints at my client, could not return to US for same client. I am checking if I need to join other company how it will work.

1. If I have to join new company, how soon I can join after my I-140 certified? What are the risks?
2. Will the new company apply my H1B based on my I-140 approved? Is there an issue due to my current H1B as mentioned above?
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Posted in Atlanta PERM Forum on 21 Aug 2014
Topic: March 2013 perm audits only

My PERM approved on August 21, 2014. My attorney sent a email stating that my PERM is certified. I checked same on iCert.
Thank good. It took 521 days. I wish all the best to all you. Looking forward to see you all in I-140!!
My PD 03/20/2013.
Approved: 08/21/2014.
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Posted in Atlanta PERM Forum on 18 Aug 2014
Topic: PERM application for CTS (Cognizant) employees

done
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Posted in Atlanta PERM Forum on 17 Aug 2014
Topic: PERM application for CTS (Cognizant) employees

Hi justdoitnow; virori,

My PD date is March 19, 2013 and got random AUDIT on OCT 2013. In April my company applied for my 7th year extension in premium process. Got 7th Year petition. Also Visa is stamped. Just waiting for Client due to budget constraints. Currently I am in India.

I hope this may help you.
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Posted in Atlanta PERM Forum on 17 Aug 2014
Topic: March 2013 perm audits only

No update since August 14th. Please update your case status.
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Posted in Atlanta PERM Forum on 04 Aug 2014
Topic: March 2013 perm audits only

Out of 78, 53 cases approved are for MICROSOFT CORPORATION!!
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Posted in Atlanta PERM Forum on 12 Jul 2014
Topic: Nice audit processing numbers yesterday

Hi
How you understood that out of 435 cases approved there are 150 audit cases? Any link?
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Posted in Atlanta PERM Forum on 12 Jul 2014
Topic: March 2013 perm audits only

Based on number of Jan 13 audit cases and Feb 13 audit cases, can any one predict when March 13 Audit cases will be started.
My PD is March 19th 2013 and got audited in Oct 30, 2013.
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Posted in Atlanta PERM Forum on 05 Jun 2014
Topic: Did anyone from Infosys get PERM approved in 2013?

rocky007,

You are eligible for 7th year extension. You can apply for H1B petition up to six months before provided your start date should be after 365 days elapsed.

I got my H1B petition for 7th year even my PERM is in AUDIT and still pending. Only thing I had applied after 365 days elapsed.

Bottom line you can apply 6 months before ur PD becomes 365 days old with start after 365 days.
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Posted in Atlanta PERM Forum on 25 Mar 2014
Topic: PERM submitted in 6th year, got audit, PERM pending 365 days

Zzzzzz (1504)

Hi Zzzzzz,

Thanks a lot for precise explanation, I do agree with your thoughts. I hope my company understand this. Let me see what my company thinks about it.
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Posted in Atlanta PERM Forum on 24 Mar 2014
Topic: PERM submitted in 6th year, got audit, PERM pending 365 days

Hi
Starting the fresh thread for PERM submitted in 6th year, got audit.
My PERM is submitted on March 19 2013. Got audit on OCT 30 2013. H1B expired in Dec 03 2013. Travelled India on November 28 2013.
Que: Am I eligible for 1 year H1B extension based on PERM pending for more than 365 days. My company's immigration officer said that I am not eligible. If you read below then it is making sense to me also based II...... If the alien would no longer be in H-1B
status at the time that 365 days from the filing of the labor certification application or immigrant
petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be
granted.

What is your thought?

II. Q & A ON PROCESSING OF H-1B PETITIONS UNDER THE EXTENSION PROVISION OF
§106(A) ALLOWING EXTENSION PAST THE H-1B 6 YEAR LIMIT
Question 1. When an alien would otherwise be eligible for an H-1B extension, is it necessary
to first file a Form I-129 requesting an extension of time to allow the beneficiary to
complete or nearly complete the initial 6 years, and then file an additional Form I-129
requesting an extension of time beyond the 6 years?
Answer: No. Section 106(a) of AC21 allows an alien to obtain an extension of H-1B status beyond the
6-year maximum period, when:
A. 365 days or more have passed since the filing of any application for labor certification, Form
ETA 750, that is required or used by the alien to obtain status as an EB immigrant, or
B. 365 days or more have passed since the filing of an EB immigrant petition.
Once these requirements have been met, the alien may be granted an extension beyond the 6-year
maximum on or prior to the date the alien reaches the 6-year maximum. Such extensions may only
be granted in one-year increments, but may be requested on a single (combined) extension request
for any remaining time left in the initial 6-year period. Requiring the filing of two extension petitions
merely increases petitioner and CIS workloads, and has no basis in statute. In no case, however,
may the total period of time granted on an extension exceed a cumulative total of 3 years. 8 CFR
214.2(h)(15)(ii)(B)(1).
Question 2. How early can a request for an H-1B extension beyond the 6th year be filed?
Answer: The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner
must establish that the above criteria (see Question 1 outlining requirements under Section 106(a))
were or will be met either on or before the requested start date on the H-1B extension application.
Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the
qualifying labor certification application or I-140 petition has or will have been pending for at least
365 days prior to the alien’s requested start date, regardless of whether the H-1B extension
application was filed prior to the passage of such period If the alien would no longer be in H-1B
status at the time that 365 days from the filing of the labor certification application or immigrant
petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be
granted.

Thanks
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Posted in Atlanta PERM Forum on 05 Mar 2014
Topic: 500 approvals 300 audit around 100 SR and 100 denials

INDEB3OCT2010:
Could you please answer the original question?
Where did you see 300 audits, 100 SR and 100 Denials?
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Posted in Atlanta PERM Forum on 21 Jan 2014
Topic: Perm is in Audit & Maxed out..Now in India...

Hi KSR5: As per below line (part of Que 2's Answer), if you are going out of status between 6 years max out and 7th year extension eligibility date then you are not eligible for 1 year extension based on pending labor certification / I-140.

If the alien would no longer be in H-1B
status at the time that 365 days from the filing of the labor certification application or immigrant
petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be
granted.

Thanks
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Posted in Atlanta PERM Forum on 20 Jan 2014
Topic: Perm is in Audit & Maxed out..Now in India...

PERM is in AUDIT as I received audit on 10/29/2013 (Random Audit), audit is responded on 11/07/2013.
My PD: March-19-2013., Currently in India, 6 years maxed out.
Am I am eligible for 1 Year H1B extension after Mar-19-2014, assume that on Mar-19-2014 my PERM is still in Pending status
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Posted in Atlanta PERM Forum on 13 Dec 2013
Topic: April 2013 PERM Tracker

Hi

Does anyone has an idea about which month AUDITTED PDs are currently getting processed / approved?
I got random audited on 10/29/2013 for my PD 03/19/2013

Thanks
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Posted in Atlanta PERM Forum on 29 Oct 2013
Topic: Mar 2013 PERMs

I got audited on Oct 29, 2013. My PD is March 19, 2013.
My question: Once my lawyer replies to audit, how much approximate time DOL took to approve my PERM case?
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Posted in Atlanta PERM Forum on 23 Sep 2013
Topic: Mar 2013 PERMs

Any approval on Sept 23, I have not seen any of today.
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