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us97007

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About us97007

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  1. Please advise! Any help will be appreciated. Thank you in advance..
  2. Hi all, My 1st PERM got denied due to attorney's error (failed to mention professional exams under Section K of ETA-9089). MTR also denied on 1/26/2016. It's now pending BALCA appeal. My 6th year of H1 is ending 9/30/16 and attorney will file 7th year H1 extension (for period 10/1/16 to 9/30/17) based on pending BALCA appeal. Attorney will be filing 2nd PERM (same position) on 4/15/16, after getting 7th year H1 extension and after withdrawing from BALCA. My concerns are that...I've read the following 'trigger for Supervised Recruitment': "Applications by the same employer and employee that are resubmitted after denial within the calendar year" Do you guys think filing 2nd PERM for same position by same employer is a big no-no and/or extremely risky? Many thanks for your help!
  3. Hi senior members, I've H1b extension premium processing application pending (with expected decision by March 22, 2016). This H1b extension application is for extending my work authorization from Jan 8, 2016 to Sept 30, 2016. The passport info that I've on the above application has expiry date of Jan 3, 2017. Would it have any impact on my pending H1 extension application if I renew my passport right now (while H1 extension application is pending adjudication)? OR should I wait till March 22, 2016 to get my passport renewed after getting my h1 extension approved? Thank you so much! I greatly appreciate your help..
  4. Hi all, I need advice in the following situation: My 5th year of H1b expired at 1/7/2016, and company applied for 1st one year extension in Oct 2015 under regular processing. This extension is still pending. Since my 6th year of H1b will expire at 9/30/2016, my employer intends to file 2nd one year extension under premium processing in April 2016 to extend H1b till 9/30/2017 (based on a pending PERM that is over 1 year old, under BALCA). Can you please let me know what's the appropriate course of action here? Specifically I intend to know: 1) Will 2nd one year extension needs to be filed for a period from 9/30/2016 to 9/30/2017 (Note: 9/30/2016 is the expiration date for which 1st extension was filed, which is still pending)? 2) Can we have processing of 2 one year extensions for H1b at the same time? Is it possible? Please let me know if I didn't clarify my situation enough, and I great appreciate your help in this!!!
  5. Hi all, I need advice in the following situation: My 5th year of H1b expired at 1/7/2016, and company applied for 1st one year extension in Oct 2015 under regular processing. This extension is still pending. Since my 6th year of H1b will expire at 9/30/2016, my employer intends to file 2nd one year extension under premium processing in April 2016 to extend H1b till 9/30/2017 (based on a pending PERM that is over 1 year old, under BALCA). Can you please let me know what's the appropriate course of action here? Specifically I intend to know: 1) Will 2nd one year extension needs to be filed for a period from 9/30/2016 to 9/30/2017 (Note: 9/30/2016 is the expiration date for which 1st extension was filed, which is still pending)? 2) Can we have processing of 2 one year extensions for H1b at the same time? Is it possible? Please let me know if I didn't clarify my situation enough, and I great appreciate your help in this!!!
  6. Hi all, I need advice in the following situation: My 5th year of H1b expired at 1/7/2016, and company applied for 1st one year extension in Oct 2015 under regular processing. This extension is still pending. Since my 6th year of H1b will expire at 9/30/2016, my employer intends to file 2nd one year extension under premium processing in April 2016 to extend H1b till 9/30/2017 (based on a pending PERM that is over 1 year old, under BALCA). Can you please let me know what's the appropriate course of action here? Specifically I intend to know: 1) Will 2nd one year extension needs to be filed for a period from 9/30/2016 to 9/30/2017 (Note: 9/30/2016 is the expiration date for which 1st extension was filed, which is still pending)? 2) Can we have processing of 2 one year extensions for H1b at the same time? Is it possible? Please let me know if I didn't clarify my situation enough, and I great appreciate your help in this!!!
  7. Dear senior members, I need urgent help with my situation: My PERM just got denied without an audit. ETA-9089 that was filed by the attorney did not list my professional exams/certifications in section K of the form. The denial letter states: "Reason for Denial:The foreign workers qualifications as listed on the application, demonstrate the foreign worker does not meet the requirements as described in section H. Specifically, in Section H.14 the employer required passage of professional exams, minimum of 5 exams. Based on the application, foreign worker does not have these specific skills or other requirements annotated throughout their work experience (Section K) of ETA Form 9089. Because the employer is willing to hire an employee who did not meet the job requirements as listed in Section H of ETA Form 9089, those requirements can not represent the employer's actual minimum requirements for the job opportunity. As a result, the application is denied. Authority for Denial: Pursuant to departmental regulation at 20 CFR 656.17(i)(1) the job requirements, as described, must represent the employer's actual minimum requirements for the job opportunity." The attorney is looking to file an appeal for reconsideration to CO under "Government Error" with a copy of my certifications demonstrating that I had these certifications by the time of PERM filing. They say there is a good chance that the appeal will get approved. My current H1b expires at Jan 6, 2016. However, the 6th year of H1b can be extended till 9/30/2016. Attorney is looking to start a fresh PERM application after submitting the appeal and says that we can get 7th year extension on H1b (1 year beyond the 6th year) in April 2016 (6 months before 9/30/2016) if reconsideration is still ongoing by that time. Please help: 1) If someone has experience with reconsideration requests regarding certifications/licenses where attorney forgot to include the certifications/licenses on PERM application? Please share your experience and thoughts: What argument did your attorney make on your appeal? 2) How likely do you see are the chances for appeal approval? Is the attorney right? 3) Please advise on the best course of action. Thank you so much!
  8. us97007

    Single person on EB2 PERM phase - Marriage options?

    Thank you so much!! I'm very grateful for your help. Assuming everything goes well with PERM (no audit or RFE), I'm expecting to get approval on PERM next month (August) since my priority date is 1/15/2015. At that time, my employer is willing to make concurrent filing for I-140 and I-485. However, how much time do you think it takes for I-485's adjudication after receiving Advance Parole? Also, Is there a way to increase this window of time? I'm asking it because part of the issue here is that I haven't found my future spouse yet. So after receiving advance parole, my hope is to head back home and find a suitable match without worrying about H1 stamping. However, as you mentioned above, marriage has to be done before I-485's approval for spouse to be considered a derivative beneficiary, which leaves a limited window of time for making this marriage decision, and I'm trying to figure out how much time I may have and if there is a way to increase this window?
  9. Hi all, I'm a single person currently in EB2 - ROW PERM pending (Priority Date: 1/15/2015), with native country 'Pakistan'. I'm currently on 5th year of H1b visa that will expire in Jan 2016. I would be very highly obliged if someone can please clarify the following questions I have for getting married to a spouse from my home country, and bring my spouse to US as quickly as possible under green card: 1) My understanding is that as long as I get married before I-485 approval, I can get my spouse included on my I-485 application and spouse will get her green card very quickly, rather than having to go through F2A visa route which will take many many years. Is that correct? 2) Can anyone please clarify what is the current wait time for bringing spouse to US under F2A visa category for Pakistan, assuming I couldn't marry at my home country before I-485 approval? 3) I don't have a current H1 visa stamped on my passport since I switched from F1 to H1 within US. I'm concerned about having to get H1 visa stamping done at US embassy in Pakistan that could take a long time, if I've to leave US for getting married in my home country. However, I'm under impression that once I get Advanced Parole approval (under concurrent filing of I-140 and I-485), I will NOT need an H1 visa stamp for returning to US. Is that correct? Many thanks!
  10. Hi all, I never had an H1 visa stamped on my passport , since I switched from F1 to H1 within US. Can you please let me know that once I have an approved AP (under EB2), would I still need a valid H1 visa stamping (from US embassy of my home country) to be able to re-enter US? Thanks!
  11. Hello senior members, I will greatly appreciate if someone can please help me in understanding if there is a way to check if PERM has been filed or not? I've an ETA Case number (T-xxxxx-xxxxx) at the bottom of each page from a draft ETA-9089 application that was sent by attorney to my employer for review. Is there a way, I can use the above ETA Case number to check PERM status (i-e whether it has been filed or not)? Thank you so much!
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