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About amit_k

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  1. Hi, I have approved I 797 and need to get my H1 stamping. The earliest appointment I can get is in October 2016. My H1b expires in Feb 2017. Plus I do not have any H1b extension remaining. Employer has filed PERM last month. I have heard that it is not advisable to go for stamping with less than 6 months remaining. But I must go due to personal reasons. Has anyone faced similar situation and had their visa stamped within only 3-4 months to expiry? Any advice in this situation? Thanks.
  2. Thanks. But I think there is a third option that the H1b extension can be filed if the PERM has been filed 365 days in advance of current H1b expiry. The following excerpt is from one of Murthy's pages. According to this if I am a beneficiary of a PERM that was filed 365 days prior. There is no need for PERM to be pending for more than one year. The link for the following is :- http://www.murthy.com/2011/04/08/filing-labor-certifications-during-sixth-year-of-h1b/ ========================== Rule for H1B Extensions Beyond Six YearsThe standard allowable time in the United States in H1B status is six years. In order for one to be eligible to extend H1B status beyond six years, it is necessary to qualify under either of two possible rules. These rules are part of the American Competitiveness in the Twenty First Century Act (AC21). The requirements are that (a) the foreign national must be the beneficiary of an LC filing made 365 days prior (or I-140 in those cases that do not need the LC filing); or (b) the LC and I-140 must be approved, with no visa number (based upon the priority date) available. ==============================
  3. Thanks for the reply. I have couple of follow-ups:- 1. Does the PERM need to be approved in order to file for H1b extension? 2. Can I apply for an H1b extension in 6th year in premium processing? That way I can secure an extension for one year regardless of the outcome of the PERM?
  4. My H1B is expiring in April 2017. PERM was filed on Feb 28 2016. There is a good chance that the PERM will go into audit. Can I continue to work for the employer after April 2017 if the PERM is in audit stage?
  5. amit_k

    Urgent - PERM denied without audit

    Hi, My PERM was denied without audit. The reason given is that "Specifically, the employer failed to provide adequate work experience on the ETA Form 9089 for this job opportunity" The job requirement stated Master's degree, 2 years of work experience and a Certification. I have a Master's degree and the Certification. But we did not send any proof of the certification. I have 2 years of "on the job" work experience but it is substantially different than the future job. So it is not clear whether it was rejected because a. the work experience was "on the job" or b. the proof of certification was not submitted or c. is it just an error by the CO. What is the recommended course of action in this case? Should we submit for reconsideration along with proof of certification? Or should we reapply with a new job posting? If we reapply with a fresh job posting then can the job posting be different than the previous one?
  6. Hi I am on h1 and my wife on f1. My employer has filed for labor. Since my wife is on F1, she is not a dependent from visa status. Will that cause issue later in the GC process at I-140 stage when I will need to list her as my dependent?
  7. amit_k

    Employer paid for part of education

    Thanks, I thought about it and I think your reasoning is incorrect. Since the alien worker competed fairly against American citizens to get into an employment position where education reimbursement is a default benefit, he did not have any unfair advantage. The employer reimburses for education to all employees including American citizens who were competent to have been hired by the employer. So I think this will attract an audit but not a rejection.
  8. amit_k

    Employer paid for part of education

    Thanks, can you provide more specific details ? I have read mixed responses on this, that if it is company policy to reimburse then the company reimbursed education can be used.
  9. amit_k

    Employer paid for part of education

    I started working towards my degree before I joined the employer. Employer has policy of reimbursement for all employees. So I was reimbursed for part of my education that I finished with the employer. The employer is filing PERM for one level higher than my current position. But the partly reimbursed education was a requirement in the job posting. Question: Should I expect a straight denial, RFE or no issues in my labor certification?
  10. Situation My six years of H1-B expire in Jan 2017. Employer did a job posting and did not find any candidate so wants to file my labor certification now. However the job qualification that was posted for PERM requires a license that I am still working towards. There is a possibility that I might not obtain the license until October 2016. Question Can the employer still file my labor certification if I have not met the minimum requirements under the job posting under the assumption that I will meet job requirements before I140 petition? If not then what are my options? Thanks.
  11. Hi, Situation: My current job title is Associate. My company is starting the green card process, but it is filing it with the job title as an Engineer which is one role higher than my current role. The reason for filing as an Engineer is that my company doesn't do GC for Associate roles. Although I meet the Job requirements posted for an Engineer role, I might not get promoted for another year. But my H-1b is expiring soon, so I must start the GC process. Question: Is it possible to get labor cleared for a role in which you are not currently working and then get H-1b extended based on that labor? Currently my goal is to get the labor cleared and get my H-1b extended. Thanks, Amit