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Member Profile: haihaigc (10 posts)

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Hello, I'm haihaigc (report this user)
I am from India
I last logged in on 28 May 2013
I have been a member since 04 Apr 2013
I have added 10 posts in trackitt forums
I added my last post on 28 May 2013
haihaigc's Posts
Posted in Atlanta PERM Forum on 28 May 2013
Topic: June 2012 DOL Audits for Cognizant Technology Solutions (CTS)

Hello Everyone,

Please suggest me...

My PD date: 29 June2012
Audit date: August 2012 (don't know exact date)
Audit reason: standard
Audit replied: Sep 2012 (don't know exact date)
PERM Denial: 3 April 2013
PERM Appeal: 17-April 2013
Current Status: Under BALCA

H1B Max out: 10-July 2013
Got 7th year H1B extension: July 2014 ( based on PERM under process more than 365 days)

My Question is-

Can I join another company who is ready to file freash gc? is it possible in my case?

Thanks
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Posted in Atlanta PERM Forum on 11 Apr 2013
Topic: Cognizant Employee's PERM Approval after Appeal

Thanks for the reply, please correct me, if my understanding is not right. On the same page at Murthy's site I found that reconsideration by CO and BALCA are two ways and BALCA is optional.

Is it that the very first thing is CO will recheck everything and reconsider with all the evidence provided by company including old and additional which was missing earlier?

Below is the paragraph which explaning. ..

---
Reconsideration by the DOL Certifying Officer

As explained, following denial of a PERM application, the employer may request reconsideration of the decision by the CO. This is essentially requesting that the individual who denied the case look at it again and reconsider the denial.

A request for reconsideration may be an employer's last chance to submit (limited) additional evidence for consideration. By electing to proceed directly to BALCA, this opportunity is waived. It is normally better, therefore, to request reconsideration by the CO, unless there are compelling strategic reasons to proceed differently.

The motion for reconsideration must be submitted in writing to the CO. The employer may not submit completely "new" evidence, but is allowed to submit: copies of documentation already submitted to DOL in response to a DOL request and/or submit documentation that existed at the time when the PERM application was filed and that the employer is required to maintain under PERM regulations. Alternatively, the employer may elect to proceed directly to an appeal with BALCA.

Review or Appeal with BALCA

The decision to request review directly by BALCA can have important procedural consequences. Under the PERM regulations, as explained above, BALCA is only permitted to review documentation that has already been considered by the CO.
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Posted in Atlanta PERM Forum on 11 Apr 2013
Topic: Cognizant Employee's PERM Approval after Appeal

Please post your responses if your PERM was first denied and got approved after Appeal by Cognizant's GIT/Global Mobility team.

My PERM was filed in June 2012, recently April 4th got email from GIT for PERM denial. Today GIT might have Appeal against denial. Now on DOL website PERM Reconsideration PD is April 4th 2013.
I am positive that after appeal my and others PERM (have same case) will be approved. The reason because the reson it was denied because of some voilation of some DOL policies got change after they filed PERM but now while appealing they will fullfill all the DOL criteria and approve.

Share your experience..
Thanks
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Posted in Atlanta PERM Forum on 11 Apr 2013
Topic: June 2012 DOL Audits for Cognizant Technology Solutions (CTS)

Is this information valid today also since it's from 2010?
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Posted in Atlanta PERM Forum on 11 Apr 2013
Topic: June 2012 DOL Audits for Cognizant Technology Solutions (CTS)

I did not understood the reason of denial. as given in the email "The reason for the PERM denial is a departure of prior DOL guidance as to job requirements."

Does it mean that company did not follow some of the regulations? Also are they going to follow all the regulations while appealing? then why cant be sure for positive appeal result?

Thanks
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Posted in Atlanta PERM Forum on 11 Apr 2013
Topic: June 2012 DOL Audits for Cognizant Technology Solutions (CTS)

I also got below mail from G*T that they are appealing PERM.

---

As per the email you received from MyVisa, your PERM case was recently denied. The reason for the PERM denial is a departure of prior DOL guidance as to job requirements. It is a legal/ technical issue regarding employer related information not specific to individual associates or applicants, and Global Mobility (�GM�) is/ continues to be in compliance with PERM criteria. In consultation with in-house legal counsel and prominent outside legal counsel, CTS will pursue an appeal. Government review/adjudication is unpredictable, and while we have a strong case for reversal of the PERM denial, GM cannot provide guarantee of positive outcome. The present timeline for appeals varies, and can take anywhere from a few months to more than 2 years.

As the appeal brings your case status back to �In Process�, post H-1B max-out extensions are available while appeal is pending at DOL if the PERM was filed 365 days prior to Max Out date. If appeal fails, no further extensions are possible.

-----

I have already got my 6+ H1B extension on basis of PERM filed prior to 365 days.

Now I see G*T team is already filing for appeal, I also have an option to file for Canada/UK work permit since my maxout is Mid of July 2013.

What you guys suggest?
1. should I wait for PERM appeal to get approve?
2. start filing Canada or UK work permit since I have around 3 months in hand?

Thanks
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Posted in Atlanta PERM Forum on 05 Apr 2013
Topic: PERM application for CTS (Cognizant) employees

thanks mbdb for your response. That make sense and I thought so, now I am waiting for GIT to give me option. I am sure they will appeal and result should come soon. I'm maxing out in mid of july 2013, and my concern is only they should let me know with enough time in hand if I have to go out of US(which I hope not :) ).
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Posted in Atlanta PERM Forum on 05 Apr 2013
Topic: PERM application for CTS (Cognizant) employees

Does anyone know how much positive results we are getting for an appeal?

I am hoping that now CTS will appeal for everybody's case who got denied in June2012.
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Posted in Atlanta PERM Forum on 05 Apr 2013
Topic: PERM application for CTS (Cognizant) employees

thanks tksdia1 and Saran111 for your response.

I see my H1 extension got approved for 7th year based on PERM was under process for 365 days.

Does that mean I can staty in US for one more year and apply for new PERM(my be in EB2 from another employer)?
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Posted in Atlanta PERM Forum on 04 Apr 2013
Topic: PERM application for CTS (Cognizant) employees

Hi Everybody,

I am in same boat too, PERM filed in June 29,2012 then got audit in sep 2012 company replied audit in oct 2012.

Today morning got email from GIT team that my perm has denied. Now if anybody can tell me what are the options for me, my maxout date is Mid of July 2013.

Thanks
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