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Member Profile: samj24 (11 posts)

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Hello, I'm samj24 (report this user)
I am from India
I last logged in on 07 Apr 2016
I have been a member since 06 Jun 2012
I have added 11 posts in trackitt forums
I added my last post on 07 Apr 2016
samj24's Posts
Posted in Atlanta PERM Forum on 07 Apr 2016
Topic: OCT 2015 PERM Cases

Guys ...email from attorney ....notification of audit ..
My Priority date - 10/05
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Posted in Atlanta PERM Forum on 07 Apr 2016
Topic: October 2015 Audit Cases

Received Random Audit Today
PD 10/05
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Posted in Atlanta PERM Forum on 05 Nov 2015
Topic: Company merger - possible layoffs , perm in process. next ?

Hi Experts, need to know my options

I have a Approved EB3 I-140 , with priority date April 2010. I switched company , and they filed my Perm in Oct '2015 in EB2.I am awaiting decision and with current processing time , expect a decision by March 2015 ( if no audit ).

However , my company got acquired today and there is a possibility of lay offs after deal closes in July 2015.

Need your opinion....

Option 1. Do nothing , take a chance , wait for labor Perm to be approved. Once approved , File I-140 in premium . Port the date in EB2. Hope I will be able to file I-485 soon as priority date would become April 2010 , EB2.

Option 2. Find a new employer , start my GC again.

What are the advantages in option 1.?

Your opinion in this matter is very much appreciated. thanks
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Posted in I-765 (EAD) Forum on 03 Jun 2015
Topic: EAD for H4 Visa Holders

Just got the confirmation email - sent to Phoenix, reached there at ~10am on May 28 and routed to California Service Center.
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Posted in I-140 Forum on 22 Jan 2014
Topic: When can I change my employer

This is my 9th year. I am 6 + 3 years extension with Company A. Current H1 B expires in Dec 2014.
I am going to apply for 3 yr extension in June as my I-140 is approved .

So , in the month of July , I will have two H1 B I-797 approvals:
1. Current - whic is valid upto Dec 2014.
2. new H1B - which will start from Dec 2014 to Dec 2017.

So can I change job to company B starting in August . So , Company B will transfer both the H1 - 797 approvals.

Will I have any issues?
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Posted in I-765 (EAD) Forum on 21 Mar 2013
Topic: EAD for H4 Visa Holders

How do I confirm if my H1 B extension was applied for and obtained approval of H-1B extension in three-year increments under AC 21 Section 104(c). ?

My H1 6 years was expring in December 2011 . I have a 3 year extension till 2014.
My Labor was approved in June 2010 and I-40 approved in August 2010.
Since my labor and I-40 were both approved for more than 365 days before expring of my visa , i got an extension.
But , how do I know if that extension was filed under under AC 21 Section 104(c).
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Posted in I-765 (EAD) Forum on 21 Mar 2013
Topic: EAD for H4 Visa Holders

**10 rules submitted by DHS to OMB
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Posted in I-765 (EAD) Forum on 21 Mar 2013
Topic: EAD for H4 Visa Holders

We have 10 Rules under review from OMB.
I did small analyis by taking all the rules - sorted them by received date and filled correcpoding completion date (if it had ). Using these two dates , i calculated the differece to come up with number of days it took to complete. If the rule was still not approved by OMB , i took the current date and came with number of days it has been open. My Top Four rules are in the order of received date :

1.Definition of Form I-94 , RECEIVED DATE = 11/8/2012 , Current Status = Extended Review , DAYS = 133
2.Transportation Worker Identification , Status = Completed , REC DT = 11/16/2012 , COMP DT = 3/12/2013 , DAYS = 116.
3.Passenger Screening , Status = Completed , REC DT = 11/24/2012, COMP DT = 3/20/2013, DAYS = 116.
4.Employment Authorization, Status = Extend Review , REC DT = 12/10/2012, DAYS = 101.

IF OMB is following first in first out approach to complete the reviews ( since all the rules are not economically urgent ) , then ideally they should have 1st rule review to be completed first. However , since number of days have passed 120 ( 90 + 30 days extended review ) , they jumped to second and then third.
If my anaylysis is true , then the next rule in line is Employment authorization . Also , the number of days its been with OMB is 101. IF it crosses 120 days , then I will definately accept the fact that , this rule has gone in cold storage. Till that time , hope for the best.
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Posted in I-765 (EAD) Forum on 04 Feb 2013
Topic: EAD for H4 Visa Holders

56 days so far ...have a feeling it will be passed by 2/8/2013

Reason : It will improve OMB statistics that the rule was passed within 60 days . Also , the last thing OMB approved for USICS was on 1/8/2013. Since then , OMB hasnt approved any rule for USICS. Therefore , if they dont approve anything by 2/8/2013 , and you do a drop down by agency - Homeland Security - on rules approved in last 30 days , there will be nothing ...which will not be good impression for OMB .

I am writing this to keep the thread alive .
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Posted in I-140 Forum on 30 Jan 2013
Topic: When can I change my employer

Hello ,

My H1B started in Dec 2005 . It has been 7 years since then.

My employer started my GC process in EB3 category - 2009 and I have a PD date as Jan 2010 . In the year 2012 , I was reaching to the 6 year cap period , since my I-140 was approved - so we applied for 3 years of extension - and now my H1 is valid till Dec 2014.

I plan to change my job in order to get Eb3 -> EB2 . Earlier I had thought of an option to stay at my current job till my next extension is filed - i.e in early 2014 , we will file for another extension till 2017.?
Then , in 2015 I can change the job - start new GC under EB2 category - Start the labor and once labor is approved capture the PD of Jan 2010.

Option 2. Can I change the job now - transfering H1B -> start the new GC process . Assuming Labor is approved by early 2014 - I can file for an extension of 1 yr and subsequently file for an extension of 3 yrs or this is a very risky option.

What do you suggest.
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Posted in I-140 Forum on 06 Jun 2012
Topic: EB3 -> EB2 Same employer

Hi , I have applied for my GC under EB3 with PD jan 2010. Though I had more than 5 year of experince at the time of applying and 4 years Bachelors degree , my lawyer insisted to file as EB3 because at the time of joining the company ( sponsoring employee ) , I had 4.5 years of experience.

As time has passed , I have been assigned more responsibilites . Also, we have a open position which requires candidate with more than 5 years of experience.

Please share options on how can I file in EB2 category with same employer .

1. Should i file as EB2 ( new labor , new I-40 ) under new position and then use PD of EB3 ? Do I have to resign and join again or can I show progressive experience to meet the requirements of minimum 5 years experience with new position.


What will happen to my EB3 application? Will there be question on what happened to earlier GC application ?

I am the only case in my company who is in EB3 and planning to go to EB2.

Your advice is highly appreciated. Let me know if you need more information on my case.
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