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Member Profile: permboy (13 posts)

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Hello, I'm permboy (report this user)
I am from India
I last logged in on 05 May 2015
I have been a member since 15 Apr 2015
I have added 13 posts in trackitt forums
I added my last post on 07 May 2015
permboy's Posts
Posted in I-140 Forum on 07 May 2015
Topic: L1B Visa and I140 EAD

I don't think a 'brand new visa' vs. extension makes any difference. In my case,
I had my original L1B stamped in November 2007.
Travelled to the US in March 2008,
returned back in November 2009.
Got a 'brand new visa' in April 2010,
traveled back in December 2010 (one year outside)
Got a 'brand new visa' in August 2012 (from Canada)
And my Max-out is truly calculated from December 2010, and not August 2012.
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Posted in I-140 Forum on 07 May 2015
Topic: L1B / L1A Visa to Green Card / Options to continue stay

Thank you.. the rule states, one must be outisde the US for one year in the last 3 year time period. Since my 8 months time was way back in 2010, I don't think I can use that towards this count. At that time, I was not aware of the GC processing rules, and also I was no in plan of applying for GC. I could have delayed the re-entry by 4 months. Anyways, whatever happened is happened.

As I read in other threads, the I-140 EAD is not going to be of much help for L1B/L1A holders. Is that a true statement?
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Posted in I-140 Forum on 07 May 2015
Topic: L1B Visa and I140 EAD

Before the automation of I-94, mistakes used to happen for more than 50% of the cases..

Some examples from my own experience:
* Original Stamping November 2007
* Original Entry Jan 2008 & Exit November 2009
* New visa stamping May 2010
* Re-entry: December 2010 (more than 365 days after the previous exit and hence clock resets)
* Renewal / New stamping in August 2012. I had a max-out of Jan 2016. But they stamped EXACTLY for 5 years from the date of stamping. For a lot of my friends, it happened that they got their expiry date on their visa EXACTLY 3 or 5 years from the date of stamping, irrespective of their Max-out.
* All it matters is the date specified in I-129S.
* When I entered in September 2012 right after this new Visa stamp, the Immigration officer at the PoE started calculating my duration from Jan 2008 and said I am maxing out in the next 5 months. I explained him a lot saying that, since I was outside the country for more than 365 days so my Max-out clock starts only from my re-entry date on December 2010 - but he did not agree. He then talked to his supervisor and he was also unaware of the rule. So, I was given a very short I-94.
* As I was anyways going to go for a vacation before whatever I-94 date they gave, I was ok. I then got a signed letter from my employer with a write up of the situation before my next entry.


This I94 automation really helps as the officers do not have to try using their own math skills to calculate the date.

Believe me, they aren't as smart as you think they are!
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Posted in I-140 Forum on 07 May 2015
Topic: L1B Visa and I140 EAD

EB2Cali - please read my post just above. This truly happens. I went for L1 stamping in August 2012, and had a max out of Feb/Mar 2016 - but my stamp has an expiry date of August 2017.

This has happened to a lot of my colleagues as well.
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Posted in I-140 Forum on 07 May 2015
Topic: L1B Visa and I140 EAD

I have lost all my hopes now. The focus point is always H1B and whatever provision to extend the stay is given only for H1B holders. As folks with L1B are very limited in number, there is really no representation for people like us.

Even any new rules they come up with that will make thousands happy, most likely will not give anything good to people with L1B. I made the mistake of being outside US in 2010 after my initial entry to the US back in 2008, which reset my maxout clock. That dragged my L1 maxout into this lottery era. Technically I should have maxed out back in 2012 and got H1B without going through this stupid lottery system.

L1A followed by another test of luck with this lottery next year is the only option in front. I will most likely get I-140 in the next couple of months, but that is of no value without H1B!
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Posted in I-140 Forum on 07 May 2015
Topic: L1B Visa and I140 EAD

I bet you had your stamping in Sep 2013, or Sep 2011. When I had my stamping in August 2012, my L1 stamp has the expiry date of August 2017, even though my max out is in March 2016.

They randomly stamp the visa for 3 or 5 years.
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Posted in I-140 Forum on 07 May 2015
Topic: L1B Visa and I140 EAD

Pretty much in the same boat as you! L1 maxing out in March 2016, waiting for I-140 to be filed. PERM was approved in April.

L to H conversion did not get through because of the highly innovative lottery system to select candidates. A friend's wife with absolutely no experience got picked up in the lottery and will be converting from H4 to H1 in October.

But myself, with 9 years of proper experience working in a niche technology for a top tier company and client did not get picked up in the lottery!

I too was under the impression that EAD will provide an option to continue the stay if that law is passed by the Congress. L1A is the way to go for now.

Hoping the Congress will clean up this stupid H1B lottery system before I apply next year!
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Posted in I-140 Forum on 07 May 2015
Topic: L1B Visa and I140 EAD

Before the automation of I-94, the officers at the port of entry were issuing I-94s with random dates.
Some of them were not even having a clear understanding that the Max-out gets reset if someone is outside of US for more than 365 days.

I guess the OP got an I-94 as the Immigration officer at the PoE just randomly put a date 3 years from the date of arrival.
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Posted in I-140 Forum on 06 May 2015
Topic: L1B / L1A Visa to Green Card / Options to continue stay

Can someone respond back?
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Posted in I-140 Forum on 05 May 2015
Topic: L1B / L1A Visa to Green Card / Options to continue stay

I've been on L1B visa from January 2011, currently maxing out in March 2016.
Fingers crossed on the H1B lottery and I feel I wasn't lucky enough to be picked up in the lottery.

Before January 2011, I was in a Managerial role for 8 months in India and hence option of EB1 was ruled out by 4 months.

Employer has initiated the GC processing under EB3 category and my PERM was already approved with a PD of 6/20/2014.

After waiting for another week, I guess I will take the L1A option as I am currently in a Managerial role. As I have 10+ years of experience already, I will most likely get my category ported from EB3 to EB2.

With the current processing times / priority date for EB2 - what are my options to continue my stay without having to take a break back to home country for an year?

Is the much talked about I140-EAD rule likely to bring any relief specific to my situation?

As L1 is a minority category, USCIS/DOL are in no idea of providing the option of extending the visa based on PERM/I-140 approval.
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Posted in Atlanta PERM Forum on 20 Apr 2015
Topic: PERM application for CTS (Cognizant) employees

You have more than 2.5 years before maxing out. They process based on Max out, so you can expect to see delays in them filing PERM.
I see no reason why you should be worried at this time.
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Posted in Atlanta PERM Forum on 17 Apr 2015
Topic: PERM application for CTS (Cognizant) employees

Guys.. any info on this query?
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Posted in Atlanta PERM Forum on 16 Apr 2015
Topic: PERM application for CTS (Cognizant) employees

Guys, I'm currently on L1B, maxing out in April 2016. Awaiting lottery results for H1B. I got my PERM approved (Priority date of May 11, 2014) on March 28th.

In the event that, my H1B petition not selected in lottery, and I get an L1A, and the bad luck continues in H1 next year too, assuming my I-140 gets approved by then - are there any options to get a cap exempted H1 on the basis of approved I-140?

In case my L1A also is denied, but I get the I-140 approved before the L1B maxout next year, are there any options to extend the stay?
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