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Member Profile: justintime (12 posts)

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Hello, I'm justintime (report this user)
I am from India
I last logged in on 02 Nov 2015
I have been a member since 10 Jan 2012
I have added 12 posts in trackitt forums
I added my last post on 18 Jan 2013
justintime's Immigration Cases
 
I-140 case: Approved in 146 days (28 days less than average)   (0 comments)
User: justintime Nationality: India
Applicant Type:primaryService Center:Nebraska
Category:EB3Priority Date:16 Nov 2011
Application Filed:23 Aug 2012USCIS Received Date:24 Aug 2012
USCIS Notice Date:USCIS Receipt Number:
I-140/485 Filing:non-concurrentProcessing Type:regular
RFE Received?:RFE Received Date:
Reason for RFE:RFE Replied Date:
Application Status:approvedApproval/Denial Date:16 Jan 2013
Total Processing Time:146 daysMost Recent LUD:
Days Elapsed:
Case Added to Tracker: 24 Aug 2012 Last Updated: 19 Jan 2013
Notes:

PERM case: Approved in 253 days (19 days more than average)   (3 comments)
User: justintime Nationality: India
Priority Date:16 Nov 2011Category:EB3
Audit Received?:yesAudit Received Date:15 Feb 2012
Reason for Audit:Random audit.Audit Replied Date:14 Mar 2012
Application Status:approvedApproval/Denial Date:26 Jul 2012
Total Processing Time:253 daysDays Elapsed:
Case Added to Tracker: 16 Feb 2012 Last Updated: 26 Jul 2012
Notes: Finally got the approval notice just today!!!!!!

H-1B case: Approved in 6 days (88 days less than average)   (0 comments)
User: justintime Nationality: India
Application Type:extensionService Center:California
Processing Type:premiumApplication Filed:26 Oct 2012
USCIS Received Date:26 Oct 2012Receipt Number:
RFE Received?:noRFE Received Date:
Reason for RFE:RFE Replied Date:
Application Status:approvedApproval/Denial Date:01 Nov 2012
TN Status:Most Recent LUD:
Total Processing Time:6 daysDays Elapsed:
Case Added to Tracker: 01 Nov 2012 Last Updated: 01 Nov 2012
Notes:

H-1B case: Approved in 85 days (9 days less than average)   (4 comments)
User: justintime Nationality: India
Application Type:extensionService Center:California
Processing Type:regularApplication Filed:01 Jul 2013
USCIS Received Date:02 Jul 2013Receipt Number:
RFE Received?:RFE Received Date:
Reason for RFE:RFE Replied Date:
Application Status:approvedApproval/Denial Date:24 Sep 2013
TN Status:Most Recent LUD:
Total Processing Time:85 daysDays Elapsed:
Case Added to Tracker: 08 Jul 2013 Last Updated: 24 Sep 2013
Notes:
justintime's Posts
Posted in I-140 Forum on 18 Jan 2013
Topic: USCIS status update: address changed

Same thing happened with my case. I had moved to a new address about 2 years ago and had filed an AR11 form then. While just a couple of days ago, my I140 case status showed the same message. Then the very next day the status changed to approved. I guess if you filed an ar11 in the past, they just do that. In any case, this status just means you will soon get another status change ( hopefully to approved).
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Posted in H-1B Forum on 01 Nov 2012
Topic: H1 extension with Approved PERM and pending I-140

Got the approval. My company finally agreed to upgrading to premium processing when the local DMV refused to extend my expiring license without an extension notice in hand ( it was more complicated than just that). Got the approval within 5 days of upgrading to premium. So now my H1 is valid through Nov. 2013. Hoping for some reform by then. Good luck to everyone who is in a tricky situation with their visa.

- J
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Posted in H-1B Forum on 24 Oct 2012
Topic: H1 extension with Approved PERM and pending I-140

Thanks for your response kanchacheena. My company did not agree to upgrade my case to premium processing even if I paid the fees. They are just very particular about all the rules that they have (even though USCIS may have more lenient policy in those regards). The only reason I am interested in modifying the pending H1B petition is that it would save me from filing another extension within the next 8 months (they usually file H1 extensions 4-6 months before the expiry of the current one). My company could have easily filed the I-140 in premium processing and get a 3 year extension but they chose not to because of their stringent policies. They are not even interested in saving the money they would spend on filing another extension within a short period of time here.

I did check with the HR and they said they will contest the denial (if it were to happen) and file an MTR. So at least some part of the company policy will help my case should the need arise.

Again, thanks for your responses.

- J
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Posted in H-1B Forum on 24 Oct 2012
Topic: H1 extension with Approved PERM and pending I-140

Hello Guys,

My 6 year H1B is expiring on 18-Nov-2012. My Company did start the GC processing last year and filed my PERM on 16th Nov 2011. It was approved (after an audit) on July 23 this year. My company then filed an I-140 petition on August 31. They never do premium processing for any cases no matter what. Simultaneously, they went on to file a one year extension for my H1B since I do not have an approved I-140.

This is a fortune 100 company that does not bend on their rules even if it means an employee has to be out of country for a while (a fact that I admire, despite it hurting me bad). They also rarely file in EB2 even if the candidate qualifies and the job requirements do justify an EB2 filing. In my case also, they came up with my Indian education (3yrs + 3yrs) being the issue for which they would not file EB2 even though USCIS may have accepted it. Many (I personally know 10+ people) of my friends with exact same qualifications continue to file and get approved for EB2 Job classifications.

So after the long prologue my questions here are:

1. What if I get my I-140 approval before my H1B extension? Can we modify the petition for H1B to be for a three year extension? The reason I ask is because the H1 filing notice that the company had posted on its premises did have a start and end date 3 years apart. Could we use that same posting to modify a pending H1B extension petition?

2. Does the USCIS approve H1B extension cases filed before the date when the PERM application would have been more than one year overdue? In my case, that day would have been 17-Nov-2012, just a day before my I-94 expired. Did this application get filed too soon? I am guessing not but just want to hear it from someone who was in similar situation in the past.

3. In the unfortunate scenario of my H1B gets denied while I-140 gets approved subsequently, can I file for another H1B on the basis of approved I-140 (when that happens)? I may be able to switch to H4 (or even B2) and not have to leave the country while waiting for I-140 approval. Will that strategy work?

Just getting anxious now as the dates are closing in on me. I know in all probability things will work out for me as the documentation, the job, the company and everything else is solid. But would love to hear the perspective of someone who has been in this kind of situation.

Thanks in advance,
J
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Posted in Atlanta PERM Forum on 26 Jul 2012
Topic: November 2011 Perm Filing

Mine just got approved today. Details below:

Applied date: 11/16/2011
Audit received Date: 02/15/2012
Audit response date: 03/14/2012
Approval date: 07/26/2012

Hang tight, the approvals are trickling in. Slowly but surely.
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Posted in Atlanta PERM Forum on 28 Jun 2012
Topic: Nov 2011 PERM Audit

Well apparently not. mine is still pending.
Filed: 11/16
Audit: 2/15
replied: 3/14

Status: Still waiting....
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Posted in Atlanta PERM Forum on 27 Feb 2012
Topic: November 2011 audits

PD: 11/16
Audit Received: 2/15
Reason for audit: Not yet known.
Filed through: Fragomen
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Posted in Atlanta PERM Forum on 23 Feb 2012
Topic: November 2011 Perm Filing

Ok. Now i have to ask. What difference does it make if they were run in parallel to PWD filing or afterwards. In my case, we got PWD, sat on it for 2-3 months and then did the recruitment. One step at a time, very cautiously and adhering to every single law ever imagined by USCIS / DOL in their wet dreams and still got an audit.

Is the problamatic path where everything is sequential? Or the one where things run in parallel is the dangerous one? Anyways, looking at the posts here, I can not see any particular trend in favor of one vs. the other. Am i missing something in this conversation?
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Posted in Atlanta PERM Forum on 22 Feb 2012
Topic: November 2011 Perm Filing

to marantha:

My 6 years end on 11/18/2012. So I am good on getting a one year extension. I also may have a month or two to recuperate before I run out of time. So from that perspective, it is definitely ok. Thanks for your encouraging words....

Mine is a straight forward case with no issues about my status, pay stubs, documentation, job description, recruitment process etc. except for one problem named Fragomen. So I kinda feel bummed out with this audit.... They lie out of their teeth as well. They told me yesterday that audits are getting cleared in 45 days. The published timelines clearly show a 6-7 month processing time.
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Posted in Atlanta PERM Forum on 21 Feb 2012
Topic: November 2011 Perm Filing

Filing another PERM with this current employer is going to be next to impossible (at least for next year or two or till this audit is cleared whichever is later). That's just how they work. I really do not want to leave this Job because of the benefits and how easy it is to get an H1 stamping with them as opposed to a consulting firm.

Now my only hope is that my wife's PD becomes current (EB2I Nov. 2010) and I can get added onto her GC application. The trouble with that is that her company is not doing too well and may not survive for long.... So its going to be a wild ride for me for a while at least here.

I still feel something will work out. Worst case, I'll just go and sit in another branch of this same company (in another country) for a year and be back as soon as the one year limit is gone. That is another reason I really do not want to go and find a new employer and get a new PERM filed for me.
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Posted in Atlanta PERM Forum on 21 Feb 2012
Topic: November 2011 Perm Filing

Yes. In fact three other people from my company got "randomly" audited. I have been telling the HR folks that fragomen is a scam..... But of course I can not influence their decision to go with Fragomen.
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Posted in Atlanta PERM Forum on 21 Feb 2012
Topic: November 2011 Perm Filing

Got an audit today. PD: 11/16/2011. 5 out of my 5 years and 3 months of H1 status so far have been with this same company. No vendor involved. Direct employment with a fortune 50 company with more paperwork and laws being applied in my case than you can imagine.

The lawyer worked with me for over a year to just collect all the documents. And was he picky or what. Had to get experience letter multiple times for same job because he did not like one word or the other (nothing to do with the technologies or number of years of experience).

All that for this audit now. My 6 years end in Nov 2012. Any idea how long does it take for an audit to be completed?
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