Discuss H-1B case

H-1B case: Approved in 65 days (27 days less than average)
India
extension
Vermont
regular
18 Apr 2012
19 Apr 2012
EAC-12-159-*****
no
approved
22 Jun 2012
65 days
18 Apr 2012
09 Jul 2012
Thank God. Receipt date: 05/18/2012 Notice date: 06/22/2012 Approved for 3 years.


Watch this case

Watch this case
If you watch this case, we will notify you every time the applicant updates the case details, or when a user adds a comment to it.
Users currently watching this case: deepa5000, Maranatha, kaam, gcshark, anandms5, trackme13, IGAG, mnex, testnina123, betamango 39 Comments

Posted by deepa5000
20 Apr 2012 #1
Good to see you here!!
Posted by deepa5000
20 Apr 2012 #2
Maranatha,

I was very close to H1b max out and able to file h1b extension on time.....now waiting for approval. Between, did you get the chance to explore

a) If h1b extension gets denied then i guess we need to leave the country. I understand that. But can we use approved I140 to get h1b extension from a new employer from India.?
b) Does it make sense to transfer H1b now also while waiting for H1b extension?
c) During course of GC process, if title and some role changes then what is the impact on approved perm/I140 and priority date...?

If you already explore these options and have some good links please share with me....

Looks like we are on same boat and we can be in touch thru email....my email id is seemaarora1964@gmail.com.

thanks
Posted by Maranatha
23 Apr 2012 #3
Hi Deepa,

a) Yes, we can use approved I140 to get H1 + extension with another employer as long as current I140 is not revoked.
b) It depends on the new employer. If its a solid company and no risk then yes, they can file H1 for you. But if you are planning to stay with new employer then you would need to file PERM, I140 and port old PD. Else when date is current, I485 can be filed with old employer and when GC comes through you would need to join the old employer.
c) Your current job on H1 is not related to the future GC job as long as you are working in the same field. And H1, LCA would need to filed every time there are drastic changes to job. And similarly when GC comes through, as long as they agree to pay you the prevailing wage or greater than it as per PERM and you continue to work with at least similar duties in same field as mentioned in the PERM, it should be ok.

http://www.trackitt.com/usa-discussion-forums/i485-eb/76166883/ac21-with-different-job-description/page/1
Posted by kaam
09 May 2012 #4
Maranatha !!!

Any update on your receipt?
Posted by Maranatha
09 May 2012 #5
Nope nothing yet! I am waiting till Friday to ask my employer to check if check was encashed.
What about you? I noticed from the tracker that the regular April cases have not started yet.. the earliest a regular case got approved was in 36 days so we can wait a bit!
Posted by kaam
09 May 2012 #6
Today's mail has been delivered to my employer, but NO receipt for me. I will be awaiting response from you and "greenbaba" as you guys have filed before me. Please keep us posted.
Posted by kaam
09 May 2012 #7
I am surprised as to how is USCIS going to meet their deadline for processing "extension" cases in two months.
I hope they do not send someone at my office for questions as I have some issues (paid for my H1B fees) . This is my only fear. I work for non-it firm (civil) and everything is okay..company has 50-60 employees (only 2 H1B's).. employer paid me regularly (first H1B LCA wages..submitted W-2, tax return)..I hope USCIS does not knock our door.
Posted by kaam
11 May 2012 #8
Any update on your receipt !!!
Posted by kaam
15 May 2012 #9
Any update on your receipt !!!
Posted by Maranatha
15 May 2012 #10
@kaam No receipt yet.
Posted by Maranatha
16 May 2012 #11
@AnandMS5 and kaam,

As per USCIS,

https://egov.uscis.gov/cris/Dashboard/CaseStatus/BucketDescriptions.do#1

"If you do not receive your notice within 30 days of mailing your application, please contact our national customer service center at 1-800-375-5283."
Posted by kaam
18 May 2012 #12
Did u get the receipt?
Posted by kaam
20 May 2012 #13
Did you check you case? See below comments form "anandms5 on 19 May 2012". I will ask my lawyer/employer to check whether my application was received or not.???

Posted by anandms5 on 19 May 2012

Yes, initially they told us they do not have my case but one week later they informed employer that they have received the case on April 18 and will be sending the receipt notice sometime next week.
Posted by Maranatha
21 May 2012 #14
@kaam, I crossed the 30 day mark on Friday so I asked the attorney to check with USCIS today. They informed that it would be processed by Friday, if not follow up again. I didn't understand by processing if they mean receipt number or actually deciding the case. I am hoping the latter because we have seen people getting decision in 36 days.
Posted by kaam
21 May 2012 #15
Thanx for the update..."processed by Friday" meaning you will not get anything till Wednesday or Thursday as Monday is holiday...Please keep us posted..
Hope for the best...
Posted by IGAG
23 May 2012 #16
@Maranatha

My application was received at USCIS on Apr 20th and I crossed the 30 day mark this week. I asked my employer to check in with USCIS and am waiting for details of that discussion.

Have also asked the employer to get the cashed checks from the bank as the receipt no should be available at the back side of the checks.
Posted by Maranatha
23 May 2012 #17
Thanks IGAG. My attorney just informed that they called USCIS and got the receipt number from them. It was mailed out on Friday 5/18 and should reach us this week. I checked online and it shows Initial review. I had asked accounting to check the checks yesterday even and they had not been encashed yet.
Posted by IGAG
23 May 2012 #18
Great News. Let me follow up with my employers and check if they have some news for me as well .

Keep us posted on the progress and I will update again once i get some info.
Posted by testnina123
18 Jun 2012 #19
Do you have any updates on approval ?
Posted by testnina123
25 Jun 2012 #20
Hi Maranatha ..did you convert the case to premium ? or is it a regular approval ?
Posted by Maranatha
25 Jun 2012 #21
Hi testnina123,

I didn't upgrade to premium. This is a regular approval.
Posted by testnina123
25 Jun 2012 #22
Good to hear that ...CONGRATULATIONS on your approval
Posted by betamango
25 Jun 2012 #23
Lucky lad..... u have ur PERM & H1 approved pretty fast than others .....may be DOL & USCIS loves you :-)
Posted by IGAG
25 Jun 2012 #24
Congrats, I just upgraded to premium, hopefully will get some news soon
Posted by Maranatha
26 Jun 2012 #25
@testnina123, IGAG Thanks!

@betamango.. I don't believe in luck. I believe in God's will. I am the only H1B in my company, so DOL and USCIS loves my employer not me ;-)
Posted by kaam
27 Jun 2012 #26
Maranatha, Cam up please let us know what was the "RECEIVED DATE" and "NOTICE DATE" on your receipt? Thank you
Posted by kaam
27 Jun 2012 #27
Maranatha, Can up please let us know what was the "RECEIVED DATE" and "NOTICE DATE" on your receipt? Thank you
Posted by Maranatha
27 Jun 2012 #28
Hi kaam,

I don't have the receipt with me. I'll let you know as soon as I get my approval notice, that should have these details as well.
Posted by anandms5
27 Jun 2012 #29
Maranatha - Did you send client letter along with other documents for your ext?
Posted by Maranatha
27 Jun 2012 #30
Hi anandms5, I am not a consultant.
Posted by kaam
06 Jul 2012 #31
Marantha...

Can you please let us know what is the "RECEIVED DATE" and "NOTICE DATE" on your receipt. Thank you
Posted by Maranatha
09 Jul 2012 #32
Hi Kaam,

Updated the case with details.
Posted by gcshark
09 Jul 2012 #33
Maranatha,

did you upgrade to premium procesing?
Posted by Maranatha
09 Jul 2012 #34
@greenbaba, no it was regular processing.
Posted by kaam
15 Oct 2012 #35
Marantha:

I have my H1-B extension approved on July 2012, for Sept. 2012 to Sept. 2015) and have an I-140 approved.

Employer is not ready to pay me the new wage (H1-B extension wage) and wants me to change the "Title" to a lower wage "title".

Will filing H1-B Amend (New Title) be a problem?? PLEASE ADVISE.

Thank you
Posted by Maranatha
16 Oct 2012 #36
Hi kaam,

If you are asking if it will affect your GC, no it will not, since as you know GC is for future job. As long as they are ready to pay the wage as specified in PERM when you get the GC (I485) approved.

As for H1B ammendment with new title, sounds like they have to file a new H1B PWD with the new title to get the lower wage and then file the ammendment.
http://www.avvo.com/legal-answers/h1b-amendment-effect-on-green-card-application-625704.html
Posted by kaam
16 Oct 2012 #37
Thank you so much Maranatha for providing the info.

I was asking, if there will be a problem when I apply for H1-B amendment application to USCIS with lower wage title. I will have to apply for new LCA and then H1-B amendment to USCIS. I just wanted to know if it will raise lot of flags at USCIS if they see an amend application for a recently approved H1-B extension. Please advise.

Thank you
Posted by Maranatha
26 Oct 2012 #38
@kaam, I think it should be fine as long as your employer is complying with approved h1. i.e. they can start with lower wage only after h1 ammendment is approved. Read the below case all the way to the end.

http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occupation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2007/Apr032007_08D2101.pdf
Posted by kaam
26 Oct 2012 #39
Thanx a lot Maranatha..

The lawyer said that the employer can start the new title wage once the LCA is approved. I spoke to another lawyer too,he stated the employer can start the lower wage title once the "H1-B amend petition" is filed. So no clear indication what to do....

My employer will start the lower wage title after LCA is approved. Please advise.
Thanx again.

Add a comment

When you add a comment, (1) we will notify the applicant so he/she can respond, and (2) you will begin to watch this case.