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Everything posted by rara5

  1. Yes, if the labor and I-140 get approved, or if your labor is pending for more than 365 days - If you are out of the country for either scenario - your employer can file for a H1-B extension ( 3-years former, 1 -year for latter) and once approved, you can go to the consulate for the new visa. So, if your PERM application goes in by June 2016 and in the event of an audit is held up - You can apply for the one year H1-B extension in June 2017. You will have to leave the country in April 2017, so maybe a 2-3 month gap in employment in a worst case scenario.
  2. rara5

    PERM Denial Question - help

    You could appeal - does the job posting by your employer match your degree? Was the job posting typical/similar of what your employer has posted in the past and employed people with similar degrees for the position? If yes, then you could successfully argue the case. IMO reapplying is a good back up. Make sure the job description and the requirements matches your credentials - but it shouldn't be specifically tailored. Be prepared to have an employment gap next year since if you reapply PERM it will be less that 365 days and in the event PERM is audited - you can only extend your H1B after the 365 days are over from the date your new application was submitted.
  3. rara5

    Labor status

    June 2014 audits were being answered sometime in September. Hopefully you should hear back soon and favorably.
  4. You should have received the DOL letter by now, but yes it does take 2-3 weeks sometimes. Given the time frame - the only option is to apply in premium and if approved - apply for a 3 year H1B extension. Else you will have to leave the country by Jan 1 and wait for I 140 approval and then get the stamp at the consulate to come back.
  5. The rule is: 1 year H1B extension if PERM is pending for more than 365 days- or 3 year extension if PERM AND I 140 are approved. Approved PERM with a pending I-140 doesn't allow any extensions. So the only scenario applicable to you is the 3-year extension one. And yes you will have to apply for I140 in premium to get approval prior to Jan 1 (regular I 140 processing time is upto 6 months) - so that you can extend the H1B by Jan 1.
  6. As long as your H1B extension application is received/postmarked by USCIS on Oct 12, you should be ok and on PENDING status ( though I think you cant work till your extension is approved). This means your I-140 will have to be approved atleast day or two before so you can get the H1-B extension application ready and fedex'd. Alternatively ofcourse you can leave the country on or before Oct 12 (staying any longer will accrue unlawful presence) and return after your I140 and H1B extension are approved. You will have to get the new stamp at the Consulate.
  7. Yes, you can be in India and your company can file for H1 extension with USCIS ( I think the documents need your signature -so you might have to send documents back and forth). Stating the obvious -you will to get a new visa stamp to return after May 2016
  8. Yes, you are exempt and eligible for 3-year extension, not just the 7th year.
  9. Your options and cut-off dates are correct. Best case scenario is PERM and I-140 get approved quickly and you don't have to wait till April 2016 to come back. If the PERM goes to audit, in that case after April 15 2016, you can apply for a 1-year H1B extension to USCIS, while in India, and have it processed/stamped at the Consulate. (The 365 days rule is if you are looking to get a fresh 6-year h1B) You can play it safe if you like and leave early, but as long as you leave prior (even one day) to Dec 2, you should be fine.
  10. rara5

    PERM not received H1-B Expiring

    1. I believe it's 6-7 months. You can check on icert website. 2. Your PERM decision is likely to come late Dec/ Jan - so that's cutting it close to your H1B expiry. And assuming there isn't an audit and its approved, you will still need atleast 2-3 weeks to file for I-40 in premium and hope for approval prior to Jan 7. 3. H4 looks the best option, and you can continue working. 4. F1 is possible but tricky. COS from H1 to F1 has a wait time as well and will take 3-4 months or more - during which you can start school but can't work.
  11. rara5

    Eb3 with no experience

    From my experience- no/less than 1 year experience jobs that file for PERM are likely to trigger an audit. So I would be mentally prepared for that. In the event that happens, then in the audit response the company/lawyer needs to make sure to provide sufficient evidence that other candidates were considered/interviewed but were not suitable. Hopefully in the job advertisement phase your Employer/Lawyer considered that and have appropriate records. A well documented audit response should lead to an approval.
  12. Are you suggesting you won't continue to work for the current employer after your 2-month break? Since your H1B is valid till Jan 2016 you can go and come back on that same visa - as long as you do it before the expiry date and ten apply for an extension (assuming same employer). Highly unlikely if a different employer will transfer H1B and extend for such a short period. H1B years are cumulative, so if you used up only 2 years- If you reapply with a different employer you will be cap exempt. Of course you will only get the remaining 4 years available and not the full 6.
  13. rara5

    PERM filing on 6th year

    Hi- Your situation looks relatively simple. Since you are only about a month short of 365 days, all you have to do is go out of the country for a month (one or multiple trips), anytime prior to 02/05/2016. Then before 02/05/2016 file for a H1B extension recapturing time spent outside of the country ( you should have previous accrued time as well?). If you have a ETA number, I'm assuming your PERM was filed unless your employer for some reason is taking efforts to fabricate a hoax. If you are seeing cases approved before and after, then most likely yours was picked up in an audit. I'm assuming by now you would have gotten the info from DOL. Only the Lawyer/employer can check the status online. As mentioned, if the PERM is indeed audited then you need to recapture time on your H1B so that it is valid 365 days after your PERM filing - Then you can keep doing 1 year extensions till your PERM is approved.
  14. @Jairichi. Yes, that's what I meant- If he has recapture time available to extend the H1b to Dec'16 (or to the date that meets the 365 days of the PERM filing) - then there should be no issue. PERM processing is generally 6-7 months (without audit) and I-140 is 4-5 months currently (or he could premium it) - so both stages have sufficient time to clear before Dec'16. In case of a PERM audit- he will have met the 365 day rule anyway so he can extend beyond DEc'16 as well. The only possible, but less likely, case is that the I-40 takes an inordinate amount of time. For that it makes sense to extend the H1B as much possible with recapture time.
  15. (2) You can track it online with the application no. - (3) You can't make an appt at the Consulate without the 797 approval notice. Not sure what you mean by taking a appt without even the application going in? Just to be clear - it's a two step process, the H1B extension petition has to go to USCIS for approval (not the foreign Consulate) and the H1B Visa approval (after receipt of approved petition) is adjudicated at the Consulate.
  16. Did you go to Syracuse by any chance? 1) Consular Processing (CP) as the name suggests is approval at a US Consulate. Since you are out of the country your H1-B extension application has to be CP and can't go in as extension of stay. (since your H1B has already expired at the time of the application). You will receive a I-797 B approval notice as opposed to the 797 A. The B notice has the petition approved but the H1B visa approval is left to the Consulate where you will interview.
  17. I am surprised nobody else mentioned this - Another option besides the L1 COS is to extend your H1B time from Sept'16 to Dec'16/Jan'17 to meet the 365 days from when your PERM is actually filed. All you would have to do is spend 3 months, or whatever make-up time you will need to meet the 365 days, outside the country before Sept'16 and then recapture that. You have a year till your H1B expires and seems possible for you to plan one or multiple trips outside the country to account for the additional time you need.
  18. It should, the COS , if approved, will take care of the I-94. The next time you leave the country and return you will get the new I-94. It's touch and go- you need the approved perm in the next couple weeks and filing of the I-140 almost immediately to meet the Sep 25 date. Remember you need an approved I140 before Sep 25 to file for your 7th year H1B extension ( or a 365-day pending labor - which isn't the case here). Here's what I know from my experience - the "last" application approved will be your status. Meaning if your F2 COS is approved after your H1B extension is approved then it will create an issue and you will be on F2 status ( I think there is a way to file for an appeal to cancel the COS - but I'm not familiar with the process and I know it is time consuming- another 2-3 months waiting). And this case is likely what will happen since the COS application has a 2.5- 3 month processing wait time anyway -s o if your filing for a COS now, you are likely to hear back in Nov/Dec. The way I see it - if your Labor gets approved by Sep first week and the I-40 is filed right away in premium - then I would think you can hope to file for a H1 ext prior to Sep 25 (assuming i140 clears) without the need for filing a f2 COS. If any of the above doesn't happen ( labor doesn't clear in early Sep or I140 doesn't clear before 09/25) -only then you apply for a F2 COS. You can send in the COS application late as long as USCIS receives it on/by 09/25. You will then be on a 'pending' status after 09/25 till your COS gets approved.
  19. rara5

    PERM filing on 6th year

    I'm not an expert, but based on my own experiences. It should happen fairly quickly after the recruitment process ends. I think there is a "cooling off" period of 30 days. So I would assume Nov end/ Dec as the possible timeframe for the application. No ofcourse not. The rule is that is in case of a pending PERM or pending I-140 at the time your 6 year H1 is over, the only way to extend your H1 is if your PERM was filed 365 days prior to the 6-year H1 end date. Now, given the long PERM processing times and the likelihood of an audit ( which will extend the processing time much further)- it is advisable to file the PERM atleast 365 days prior. It isn't mandatory so you don't have to leave. The way I would plan it - depending on when your PERM application is actually filed, say Dec 2015, which means 9 months before your Sep '16 expiry - meaning could leave the country for 3 months (one or multiple trips - totaling 3 months) prior to Sep'16 and recapture that time to extend your H1B to Dec'16 and meet the 365 day rule. Again, it isn't mandatory and your PERM ( if not audited) and I-140 (if filed in premium) is likely to be approved within 9 months, but meeting the 365 day rule gives you the security that in case for whatever reason your application gets delayed, that you can extend your H1. If you are on H1 and in the country- you have to be on payroll, else you violate status.