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About suresh21

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  1. Hello Friends, My first PERM got denied and employer is planning to apply for PERM again. This DOL released Audit Tiers notes - http://www.foreignlaborcert.doleta.gov/pdf/OFLC... - state that - PERMs that are DENIED and reapplied within the same calendar year will be Audited for Supervised Recruitment. How true is this? Any info on this greatly appreciated.
  2. Hello experts, please advice on the below scenario: My old I797 expired 02/04/2015 and my perm got audited and was in process for more than 365 days and hence, I got 7th year H1b extension and also,I have 5 months of recapture time on my first H1b. So, the attorney requested for 1 year + 5 months = 17 months for extension and it got approved and so, my current I797 expires in 07/15/2016. So, I think upto 07/15/2015 - I was inside the first H1b period(6th year) and from 07/16/2015 to 07/15/2016 it will be h1b 7th year. Attorney withdrew the first Perm and applied again(second perm) one month back(07/07/2015). so, my question are: 1. If my second perm also gets audited, will I be eligible to apply for H1B extension again since the second perm was applied 365 days prior to H1b expiration? 2. If I can apply for H1 extension, how soon can I apply for H1 extension. The current H1 (7th year) expires on 07/15/2016. 3. Can I change to H4 after my h1 expiration(07/15/2016) and if Perm and i 140 gets approved - can I change back to H1 without being cap subjected? Please advice.
  3. Hello, H1b extension was approved for one year(pending PERM rule), However, I spent 5 months outside USA on H1b and did not get to recapture the time. My attorney submitted another document and requested to recapture these 5 months as well. My question: Uscis case status shows as approved on May 4th(intially approved date) and I am wondering why the case status did not change to something else since we submitted additional documents and requested to recapture those 5 months as well. Attorney submitted these documents on May 14th. any advice. Thanks.
  4. Hello My H1b is approved on 05/01/2015 with start date of October 1st,2015. My OPT extension is approved on 05/08/2015 for 17 months. Now, since opt extension got approved after H1B is approved - Is my H1B approval still valid and take effect on October 1st,2015. Should I let my school DSO know on the H1B approval. is there anything we need to do to revoke opt extension please advice.
  5. Hello, How safe is it travel to home country(india) on OPT extension with h1b approval. Return to USA will also be in OPT with H1b approval. I am currently on First OPT which expires on June 10th,2015. My H1b is approved from 1st October 2015. My Opt extension is approved and starts from June 11th 2015. My trip is from May 28rd, 2015 to June 18th,2015. I work FT.I will be taking I20/ OPT cards/H1b approved - I797/Employment letter/Job Offer letter/Recent Pay stubs Could anyone pleas advice, how safe is it travel in this situation. please advice. Thank you
  6. Hello, Thank you for the reply. Did you by any chance confirm this with your attorney. I am trying to make sure that the decision will really be made in 15 days for Premium processing RFE's
  7. hello friends, My h1b 7th year extension was RFE'd two times and after responding to first RFE - the case was upgraded to premium as well. after responding to second RFE - uscis case status says "On April 23rd,Request for Evidence is received by vermont service center..........A decision or update on Case will be made on or before June 22nd,2015........ " 1.why would it take 60 days for after responding to RFE in premium processing?? 2.Is the case status right or should I inform USCIS/attorney about the incorrect(if it is). 3. Can I call USCIS and confirm if this is indeed the right case status and it would take more than 2 weeks for decision? what is vermont service center call center number??? Please Advice.
  8. Thank jairichi for the response. Do I need to bring this "case status message" error to the attention of my attorney or USCIS?again, my case started as regular processing an upgraded to premium while respoinding to first RFE. i do not know what the second RFE is for but i think, my company responded immedately as the case status was changed in a day as below 04/22/2015 - request for evidence - we need more information from you... 04/23/2015 - Response To USCIS Request For Evidence Was Received(message in my first post).... my visa(i94) expires on 05/11/2015, so if uscis denies my h1b extension on 05/21/2015. i think i have to leave the country immediately. and what about my status between - 05/11 to 05/21- would that period now count as illegal since the petition was denied. Your thoughts on this are greatly appreciated
  9. suresh21

    PERM reappeal and 7th year extension

    Yes, you can appeal for it and apply for extension. make sure you do it in Premium processing. Typically, uscis, might ask you to prove the PERM is pending, you(attorney) need to get a letter from DOL and respond back with that letter. Uscis will then adjudicate your case or request for more information I am in the same boat and I can tell, it's not easy to go through...In my case, I was RFE'ed two times and I am still awaiting on decision. Be mentally prepared.
  10. Hello experts, below is my H1b extension issue - 7th year based on pending perm under reappeal- appiled before 365 days rule Applied for H1b Extension- Received RFE(first)- about active pending PERM.attorney submitted letter from DOL. Responded to it and upgraded to Premium Processing- Received RFE(Second) Responded to second RFE the case status now shows as below : Response To USCIS' Request For Evidence Was Received On April 23, 2015, we received your response to our Request for Evidence for your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EACXXXXXXXX. Our Vermont Service Center office will begin working on your case again. We will mail you a decision or notify you if we need something from you. You should receive a decision or case update by June 22, 2015, unless fingerprinting or an interview are needed. If you move, go to www.uscis.gov/addresschange to give us your new mailing address. My question is 1.should the case be adjudicated in 15 calender days even after RFE is responded. 2. what is interview?? why would a interview be required,if at all. Please advice. Thank you.
  11. Hello all, what is the general timeline for H1b processing at VERMONT service center. Uscis website shows 2 months but it was updated on Jan 31st and is it common to take care more than 2 months?? what is the general timeline for regular H1b extension process other than what USCIS website shows, apparently,they are not keeping with what the website shows. **upgrading to Premium Processing is not an option in this case** Thank you.
  12. actually, he is going to appeal more as to keep the PERM active, so I can get H1b approved. Once H1b is approved, I just want to move. I do not trust my attorney - made several mistakes on my application...
  13. Thank you jairichi. are you sure I can transfer without any issues?? i am getting mixed answers (attorney's on ******.com said NO). do you know anyone who have done this? denial reason was missing documents.
  14. My 7th year h1b extension is approved and received I797 valid until 10/30/2016. PERM is denied. I want to know what are my realistic chances to transfer my H1b to different employer until the current validity period(10/30/2016). Please advice.
  15. Hello all, my perm was audited and later got denied. my attorney said the DOL has sent BOILER PLATE response as reason for denial. He said the letter stated like some 'original' documents were not included. Attorney thinks everything has been sent and planning to apply for reconsideration. He was not very clear about what the BOILER PLATE denial reason really means?? does anyone have an idea on this? He said it's almost like DOL did not verify the documents sent but just denied the PERM. Please help if you have any idea what the reason could be?? Thank you.