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rara5

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Posts posted by rara5


  1. No issues. If asked just inform the IO that the extension is in process.

    Note, the risk is if your extension is approved while you are travelling then the extension of stay I-94 that you will get with the approval will be negated by the 10-day I-94 you will get at the POE.

     


  2. You could file for a COS to a F1 but remember getting admission and I-20 from a legitimate university is not a quick process. Additionally, a COS application can't be filed in premium so you would have to wait 5-6 months (or whatever the current processing times are) to get a decision.  You of course have sufficient time left if you are targeting next fall for admissions.

    The only way to reset the H1B clock is to be physically out of the country for an year. Just changing the status won't get you another 6 years.

    Your best bet is to find a company that is willing to sponsor a GC. Filing for PERM will likely take upto 6-7 months. Once filed, PERM approval will take another 4-5 months (or whatever the current PERM processing times are - - check the icert website) if not in an audit. If the PERM gets stuck in an audit then it will take much longer (again check icert for wait times).

    So essentially I think the I-140 could possibly be approved by September 2020 if 1) the company files for PERM relatively quickly 2) PERM is not audited 3) I-140 is filed in premium.

    If your PERM is audited, it won't very likely be approved by 09/30/2020 and you will have to leave the country before then and wait outside the country till the PERM is pending for 365-days or till PERM gets approved, then I-40 gets approved, to apply for a 1-year extension (based on pending PERM) or a 3-year extension (based on approved I-140). Once the extension is approved and vis stamped you can come back.


  3. On ‎6‎/‎26‎/‎2019 at 2:49 PM, JoeF said:

    For a GC the employer always has to prove that they couldn't find a qualified US citizen or LPR. That is independent of experience, it is the foundation of the employment-based GC process.

    And filing a GC for an entry-level position does not "automatically" trigger audits and RFEs.

    Experience at the current employer can be used for a GC application IF the GC position is at least 50% different from the current position.

    Thanks for the knowledgeable  "foundation of GC process" line. I think everyone knows that. I hope. Maybe it wasn't clear--- the point was -- the onus on the employer to prove inability to find an USC/LPR for an entry level position is much harder-- in an audit where additional proof and documentation is demanded.

    And for your information, besides random audits,  DOL has a list of "triggers" that invoke an audit. Entry-level/no experience jobs are top of the list. Any competent lawyer can get you the list of triggers.  I suggest informing yourself prior to commenting.

    YEs, which is why the response was experience in the job can't be counted towards the same job. Also, providing documentation to prove the position for GC is atleast 50 percent different is not easy. DOL analyst review can be very subjective.

     

     

     


  4. The lawyers opinions are correct. You can't count experience in the current job for the same job. So essentially your PERM would be filed under an entry level job with 0-1 years of experience required. This automatically triggers a PERM audit and a RFE. Your company will then need to prove that they couldn't find an eligible citizen with 0 years of experience to meet the job requirements. This would be a tough ask, and given current environment, especially in the computer programming realm, would likely lead to a denial.

    Your best bet is to find another job --since you still have 4 years of H1B left. You can then use your 2-3 years experience with the current job, as work experience, and your new company can file PERM for a 2-5 year experienced software engineer,  instead of an entry level.  That application will be much stronger and has a better chance of making it through. 


  5. Just to clarify -- if you need to go now and assuming you will be able to get back before the H1 expires in September-- why not apply for an extension after you get back? Even if you get back a week before your September expiry, that should give enough time to file the extension paperwork.

    If you think you can't return before September then CP makes sense.

    Filing for CP is no different than regular H1B extension. It's the same procedure with regards to  filing the H1B extension paperwork (in premium or otherwise) with USCIS. USCIS will still need to approve your petition. So an RFE or any other issues are the same and not any different than if you were applying for an extension of stay while being in the country.

    The only difference is USCICS will send you a I797B approval notice instead of a I797A notice. I797B notice doesn't have a I-94 attached to it , which means your petition is approved but not your extension of stay (since you are not in the country) which will need to be approved in the consulate.

    So essentially, with regards to the petition approval, it's the same. Only added step is the consulate interview -- which is not a big deal . Ofcourse there is always some inherent risk associated with the consulate interview (just another layer which can lead to delay or denial) but if your case is straightforward it should not be an issue.


  6. I don't have any experience with dui cases, but I would assume it would be safer to just ignore the drop box option do the interview directly especially on a tight timeframe. Getting called for an interview after a dropbox submission is not likely to be completed in 2 weeks.

    I have had regular extensions in the past which were eligible for drop box but I choose the interview instead for similar time crunch situations. Even if you complete the questionnaire correctly and it indicates you are eligible for a drop box, it does give you an option to go for the interview instead from what I remember.

     


  7. So I would go to icert website and look for current  PERM processing times for 1) Normal cases 2) Audit cases. Based on the processing times and knowing when your PERM application is submitted, you can estimate the likely normal date and worst case date your PERM will likely be approved.

    You would ofcourse need to plan for the worst case date -- which means your H1-B extension should have enough days to meet and exceed the PERM approval date, so that you don't have to leave the country. Since you already have 4 months of uncaptured time available, you can add to it by going on a vacation now ( I would advise as much vacation as you can take), returning before your H1-B expiry, and then filing for an extension for all the uncaptured time. Hopefully that should give you the time that you need to get the PERM approved and then I-140 approved. IF not, then you will have to leave the country at the date you max out the H1-b and return after I-140 approval ( which I don't envision being too long a period).


  8. In both cases, you will have to leave the country on the day your H1-B ends. Could file for a COS  before H1B expiry to H4 (if that's an option) or F1 (not advisable) but it's a risky option.

    The earliest you can come back is 365 days after the date your PERM was applied (if the PERM is still pending) or after your I-140 is approved. In both events the company can file for a H1-b extension-- based on a 365-day pending PERM (1-year extension) or an approved I-140 (3-year extension). Once the extension is approved for consular processing, you will need to get stamped and can come back.

    So yes AC21 allows for H1-B extension after the H1-B has been expired and the beneficiary is out of the country, based on the pending PERM or approved I-140.


  9. You are accruing illegal stay if you exceeded 240 days without a valid status. You can't apply for COS since your I-94 is already expired, so changing to H4 will have to happen after you leave the country.

    GC is separate from H1B and remains valid with the priority date, if the job is still available. The I-140 can be used to apply for future cap-exempt H1B applications. All this is assuming illegal stay doesn't have an impact. Best to consult a good attorney.


  10. Not sure if I understand correctly, but you left the country 5 months before your H1B expiry? Not sure why, you could have used up the full duration. Technically I think you can apply for a 5-month extension to capture the unused H1b time but not sure what the chances of approval will be.

    Once I-40 is approved, the company can apply for a 3-year extension even when you are outside the country and your old H1b is expired. Once approved you can come back.


  11. After the I-40 is approved, the employer files for a 3-year extension (hopefully in premium as well) based on the I-140. Once the extension is approved and you get the stamping done can come back into the country.

    Alternatively if the PERM gets stuck in an audit and takes more than 365 days to clear, then instead of waiting longer for it to clear, the employer can file for a 1-year H1B extension (based on a pending PERM) at the 366th day.  Once that is approved, you stamp and come back and can start working. And when the PERM does clear, and then I-40, apply for the 3-year extension.


  12. No you can't work on any receipt. You can only extend the H1 when the PERM and I140 are approved or if your PERM is pending for 365 days.

    With the timeline you describe, unfortunately you don't have many options and you will have to leave the country by 10/20/19 (the extent of time outside will depend on when your PERM is actually submitted) and wait till your PERM clears and apply for I-40 in premium and when that is approved, apply for a 3-year extension and then get back into the country. Alternatively, if the PERM remains pending for 365-days after application, you can apply for a 1-year extension and get back into the country.

     

     


  13. There is a possibility that even your PERM will not be approved before Oct 2019, if it is audited.

    There are two senarios:

    1) As you assume, your PERM gets approved but your I-140 doesn't prior to Oct, 2019.

    You should leave the country latest by the date your current H1-B expired. When your I-140 s approved, the company files for a 3-year extension, and on approval you can re-enter the country. This will be cap-exempt.

    2) Your PERM is audited and not approved by Oct 2019.

    You leave the country by the date of your current H1B expiry. You wait for the PERM and I-140 to get approved and then similar to above. Alternatively if the PERM takes a long time (more than 365 days from date of applying) to get approved, then at the 365 days point, company can apply for a 1-year extension based on pending PERM and once approved you can re-enter and then apply for 3-year extension when the PERM and I-140 get approved.

    In all scenarios it will be cap-exempt. But you should not exceed your stay in the country past your current H1-b expiry.


  14. Not clear what exactly you are asking. How will you file for an extension if your PERM isn't  even filed yet? But if you're saying that in the next 7 months you expect the PERM and I-140 approved and then you'll file for an extension, then in that case your out of the country stay will not be added. You will simply get the three year extension.

    The extension to recapture H1B time is generally applied for as a sort of bridge to prolong your stay in the country till you can file for a proper extension.

    If your PERM is being applied for soon then it is likely to be certified before FEB 2020 if not audited. If audited, only then you should apply for the recapture H1B time extension just prior to Feb 2020, so that your stay is extended another 5-6 months, which would bring that date within the 365-days of your PERM being filed. In which case you can file for a 1-year extension based on a pending PERM. This way you can maintain continuity working and living in the country.


  15. I think the current PERM processing is for Dec 2018 (you can confirm on the icert website), so if your PERM doesn't get caught up in an audit it will likely be certified in the next month or so. Once that happens, your company can file I-140 in premium(make sure the company is aware of the tight timeline and all I-140 paperwork is ready to go). That should give you enough time prior to June 20 to have an approve I-140 to be able to file an extension.

    In case the PERM is caught in an audit then you will not meet your June 20 date. In that case you will have to leave the country, but can prolong the date by filing an extension if you have any uncaptured H1-B time left. If not, you will have to leave by June 20 (latest) and then in Dec 2019 your company can apply for a 1-year extension based on a 365-day pending PERM.  Once that is approved you can come back and when the PERM clears apply for I-140 and after approval, apply for a 3-year extension.

    Also, you don't have to leave a month before June 20. You can completely exhaust your 6-year H1-B (i.e stay till June 20) and apply for the 7th year extension based on a pending PERM or approved I-40. And yes, both PERM and I-140 can be applied for while you are outside the country.

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