Topic: Audits since February 08
Its true... I did notice this few days back. I don't understand why we are the chosen few to go through this wait. |
Topic: 365 day rule for applying labor via PERM
The following is the excerpt from my attorney's email sent prior to filing my extension.
"As long as a PERM application is filed (not adjudicated) at least one year prior to the expiration of your H-1B status, you may extend your H-1B." |
Topic: 365 day rule for applying labor via PERM
Well, my PERM application is still under processing and I have applied for 7th year extension using the 365 day rule. I still haven't received my extension yet... But, my attorney did file for the extension.
My understanding is that if your PERM is FILED atleast 365 days before your H1 expiry date, you can file for the extension. |
Topic: Chances of getting audit for small company?
May be EB3... mine is EB3. But, I still don't understand... the only reason we filed in EB3 is to avoid the audit and other RFE's. Well, the reason for me trying to be safe by filing EB3 is that I was already in 6th year and my attorney said that he did not want to invite any audits and RFE which might further delay the process. Inspite of that, I got caught in the audit.
But, was able to file 7th year extension by recapturing the vacation time. |
Topic: Chances of getting audit for small company?
Well, I don't know if I was singled out... but my company, one of the biggest financial services company in US, has over 65000 employees in US alone and Labor filed through one of the biggest law firms...damn, I still got audited... and am still waiting for the response. |
Topic: PERM audit and rejection
Could you please let us know your source of information for "lot of rejections for Audit cases"? My case is audited too and still waiting for response. |
Topic: Legal status when I-140 petition pending and H1B visa expired
I would really appreciate if someone can clarify the following:
Here is my situation:
Filed Labor on Oct 30th 2007. Not yet certified. Was audited and we have sent audit reply.
H1b 6 years expiring on July 28th 2008. With recapture, I can extend it to Nov 7th 2008. This puts me past the 365 day limit for filing 7th year extension.
1. Should the labor be PENDING when you apply for extension or just FILING it before 365 days is fine. The reason, I am asking is that in PERM process, my labor might get approved, much before Nov 7th 2008.
2. When should I file for 7th year extension. Should I file only after 365 days are reached. Or can I file any time i.e. 6 months before it expires?
Thanks in advance. |
Topic: My perm file on 10/31/2007 and audit response time on 12/28/2007.
Hi, it almost the same situation here. PERM filed on 10/30/07 and responded to Audit on 12/28/07 and I am still waiting. Audit was for the business necessity and requirements exceed for position applied. |
