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Member Profile: allendsup23 (331 posts)

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Hello, I'm allendsup23 (report this user)
I am from India
I last logged in on 16 Jan 2018
I have been a member since 20 Nov 2015
I have added 331 posts in trackitt forums
I added my last post on 16 Jan 2018
allendsup23's Immigration Cases
 
I-140 case: Approved in 9 days (165 days less than average)   (0 comments)
User: allendsup23 Nationality: India
Applicant Type:primaryService Center:Texas
Category:EB2Priority Date:29 Mar 2017
Application Filed:19 Jun 2017USCIS Received Date:20 Jun 2017
USCIS Notice Date:22 Jun 2017USCIS Receipt Number:
I-140/485 Filing:non-concurrentProcessing Type:premium
RFE Received?:noRFE Received Date:
Reason for RFE:RFE Replied Date:
Application Status:approvedApproval/Denial Date:28 Jun 2017
Total Processing Time:9 daysMost Recent LUD:
Days Elapsed:
Case Added to Tracker: 28 Jun 2017 Last Updated: 28 Jun 2017
Notes:

PERM case: Approved in 47 days (188 days less than average)   (2 comments)
User: allendsup23 Nationality: India
Priority Date:29 Mar 2017Category:EB2
Audit Received?:noAudit Received Date:
Reason for Audit:Audit Replied Date:
Application Status:approvedApproval/Denial Date:15 May 2017
Total Processing Time:47 daysDays Elapsed:
Case Added to Tracker: 03 Apr 2017 Last Updated: 23 May 2017
Notes:

H-1B case: Approved in 203 days (109 days more than average)   (3 comments)
User: allendsup23 Nationality: India
Application Type:extensionService Center:California
Processing Type:regularApplication Filed:01 Jun 2015
USCIS Received Date:02 Jun 2015Receipt Number:WAC-15-174-*****
RFE Received?:RFE Received Date:
Reason for RFE:RFE Replied Date:
Application Status:approvedApproval/Denial Date:21 Dec 2015
TN Status:Most Recent LUD:
Total Processing Time:203 daysDays Elapsed:
Case Added to Tracker: 20 Nov 2015 Last Updated: 21 Dec 2015
Notes: H1B case upgraded to premium on Dec 10, 2015. Both H1 and H4 approved on Dec 21, 2015.

H-1B case: Pending for 86 days (8 days less than average)   (0 comments)
User: allendsup23 Nationality: India
Application Type:extensionService Center:Nebraska
Processing Type:regularApplication Filed:25 Oct 2017
USCIS Received Date:25 Oct 2017Receipt Number:lin18017*****
RFE Received?:RFE Received Date:
Reason for RFE:RFE Replied Date:
Application Status:pendingApproval/Denial Date:
TN Status:Most Recent LUD:
Total Processing Time:Days Elapsed:86 days
Case Added to Tracker: 10 Nov 2017 Last Updated: 18 Dec 2017
Notes: H1/H4 extension filed together in regular.

H4 EAD case: Approved in 69 days (1 days more than average)   (0 comments)
User: allendsup23 Nationality: India
Application Type:new applicationService Center:California
Filing Method:paper-basedApplication Filed:08 Jul 2017
USCIS Received Date:10 Jul 2017USCIS Notice Date:11 Jul 2017
USCIS Receipt Number:RFE Received?:no
RFE Received Date:Reason for RFE:
RFE Replied Date:Application Status:approved
Approval/Denial Date:15 Sep 2017Card Production Ordered:14 Sep 2017
EAD Received:Total Processing Time:69 days
Most Recent LUD:Days Elapsed:
Case Added to Tracker: 19 Jul 2017 Last Updated: 16 Sep 2017
Notes: This is for my spouse EAD.

H4 EAD case: Pending for 43 days (25 days less than average)   (0 comments)
User: allendsup23 Nationality: India
Application Type:renewalService Center:Vermont
Filing Method:paper-basedApplication Filed:07 Dec 2017
USCIS Received Date:08 Dec 2017USCIS Notice Date:13 Dec 2017
USCIS Receipt Number:EAC18900*****RFE Received?:
RFE Received Date:Reason for RFE:
RFE Replied Date:Application Status:pending
Approval/Denial Date:Card Production Ordered:
EAD Received:Total Processing Time:
Most Recent LUD:Days Elapsed:43 days
Case Added to Tracker: 15 Dec 2017 Last Updated: 18 Dec 2017
Notes: Filed H4 EAD renewal (with H1/H4 receipt) for my spouse. H1/H4 are pending in Nebraska.
allendsup23's Posts
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Posted in H-1B Forum on 16 Jan 2018
Topic: Case is approved but USICS didn't change the status

If you check the H1B tracker, you will notice this has happened with many. USCIS case status is not changed online but lawyers have received approval notice. Ask your 3rd party to send you I797.
I don't like this postI like this post
Posted in H-1B Forum on 14 Jan 2018
Topic: Petitioner detail in Visa appointment page


Hi Experts,

Could you please let me know the what should be correct values for below on Visa appointment page:

Petitioner Name:
Stare date: ???
Receipt Number: *********
Expiration Date: ?????

Please help me.



Look at your I-797 approval document. All of this information is there.
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Posted in H-1B Forum on 13 Jan 2018
Topic: Roles and Responsibilities

Role and responsibilities are for the position and company can provide them by itself. You are supposed to provide your experience details and latest resume.

For example let’s say senior software engineer. Company has predefined responsibilities for this.

Lawyer will definitely be sending role and responsibilities for extension. It is an important part of the whole process as it defines why this is a specialized position.
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Posted in I-140 Forum on 12 Jan 2018
Topic: STEP BY STEP - How to Immigrate to Canada

Are you sure about 2 years? As far as I know, you have around 6 months to move once the invitation is received and you complete the process.
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Posted in H-1B Forum on 09 Jan 2018
Topic: Specialty Occupation

Speciality occupation RFE - employer has to prove why the job position requires specialized knowledge. You do not need to do anything.

While filing if employer can list responsibiliies and why those need specialized knowledge or what type of knowledge then it can be avoided. Wage level 1 can also trigger it. It is better to file higher wage level like 3 or 4.
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Posted in I-765 (EAD) Forum on 08 Jan 2018
Topic: ITIN and SSN

Check this link. It has information.

https://www.irs.gov/individuals/additional-itin-...

I also have to do this. I will probably visit local IRS center.
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Posted in H-1B Forum on 06 Jan 2018
Topic: Please help me-Visitor insurance for parents

Check https://www.insubuy.com/ or https://www.visitorscoverage.com/. Put in your details and it will show you different plans. Go for the one which you find most suitable. I had bought comprehensive plan Atlas America for my parents. Did not need to use it though.

You would also need to decide how much policy maximum you need. Visitor plans have limit on how much Insurance will pay. After that, it is your responsibility.
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Posted in H-1B Forum on 04 Jan 2018
Topic: Rfe

What do you mean 8 days left in I-94? Have you already spent 232 days after i94 expiry? Why didn’t you upgrade it to premium?

If extension is filed before i94 expiry then one can stay 240 days more if decision is pending. In case petition is denied then you will have to leave immediately.
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Posted in I-765 (EAD) Forum on 03 Jan 2018
Topic: Apply for H4 EAD now?

Yes you can apply for H4 EAD with H4 extension receipt. They will only work on H4 EAD once H4 is approved. Basically the application cycle starts from H4 approval date. So if a center is taking 2 months for H4 EAD then you can expect decision 2 months after H4 approval.

I have filed my spouse H4 EAD with receipt of both H1/H4 as they are in progress.
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Posted in I-765 (EAD) Forum on 03 Jan 2018
Topic: Apply for H4 EAD now?


With all the confusion surrounding the H4 EAD rule, can we still apply for H4 EAD now? Since it's not cancelled yet



Yes you should apply. If it gets approved, there is a possibility they allow existing EADs to expire instead of cancelling right away. Though it will be difficult to find a good full time position as no employer would hire. But still one can find contractual work.
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Posted in H-1B Forum on 02 Jan 2018
Topic: H1 stamping - urgent feedback reqd - urgent

Go through this link https://www.uscis.gov/news/alerts/uscis-draft-gu...

Who told you 500 miles? It is not dependent on distance but on metropolitan area. Is your new worksite in the same metropolitan area?
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Posted in H-1B Forum on 31 Dec 2017
Topic: H-1B Extension potential changes

Not yet. But they are planning to stop extensions beyond 6 years. 3 year extension can definitely be stopped but one year may still work. But don’t know yet if we all will be eligible to get it or not
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Posted in I-140 Forum on 31 Dec 2017
Topic: H1b Extensions Trump impact - AC21 reinterpretation

Does section 106 applies to a person whose I140 is approved? Wouldn't SEC 106 be applicable to the people who have PERM or I140 or I485 in process and a final decision has not been made?

I thought all backlogged people comes under SEC 104 (c) as they can not file AOS because dates are not current. For them PERM and I140 is approved. I485 is not filed yet.

AC21 § 104(c) is applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of a per country limitation to which that alien is subject or, alternatively, if the immigrant preference category applicable to that alien is, as a whole, “unavailable”. Any petitioner seeking an H-1B extension on behalf of an H-1B alien beneficiary pursuant to AC21 §104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations or, alternatively, because the immigrant preference classification applicable to the alien is “unavailable”.
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Posted in I-140 Forum on 31 Dec 2017
Topic: H1b Extensions Trump impact - AC21 reinterpretation

That is the point here. DHS is checking if they can do this without congress. That means interpret the current law such that they can stop giving extensions after 6 years. It is possible too.

Point would be if there will be big enough lobby to stop it. I don't think anyone cares about this though so it may not be stopped.
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Posted in I-140 Forum on 31 Dec 2017
Topic: H1b Extensions Trump impact - AC21 reinterpretation

So many people support illegals (DACA) and even congress is going to provide them a path to citizenship. But people, who came legally, working and paying taxes, have no support. I agree that USA has every right to make changes to their immigration policy at any time but this one do not make any sense. Especially when they are tightening the rules for H1 applications, changing base salary, protecting displacement of US worker. These things would have reduced the H1 abuse and fraud a lot. Once genuine H1s are left, they should be treated like other workers.

In any case, we will survive. Worst case go back to India or some other country.

This change will only impact Indian and some Chinese. ROW can get GC during the 6 years of H1. I hope they either remove country cap or bring merit based immigration policies then everyone is at equal footing.
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Posted in H-1B Forum on 29 Dec 2017
Topic: RFE on Level 2 soc code 15-1132

Proving specialty occupation lies with the employer. I am not sure what you can do in this case. Employer has to provide evidence that nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree. They can also provide evidence that bachelor degree is a requirement in the industry.

One of my friend got this RFE recently for his H1 transfer and his employer responded without my friend’s involvement. His petition just got approved few days back.

If your extension was denied in July last year then how come you are working for the same employer.
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Posted in H-1B Forum on 29 Dec 2017
Topic: RFE on Level 2 soc code 15-1132

You can stay till 240 days past i94 expiry date if USCIS has not made the decision. So that means 240 days past Jan 10 in your case. You are good to stay and no need to leave country.
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Posted in H-1B Forum on 29 Dec 2017
Topic: RFE on Level 2 soc code 15-1132

No need to change anything now. Let RFE come and then respond. Do not get panicked. If you look at the trackers, you will notice most of them are approved.

When I said go on higher level, I meant you deserve to earn more. Level 1 wages are the lowest wages and are mainly for people fresh out of college. With MS from here and 9 years of exp in US, you can get level 3 or level 4 wages easily. It has nothing to do with your application.

I work in one of the WITCHS company and have been in US for 5 years. My wage is level 4. Some of my friends from WITCHS left after 2-4 years in US and joined full time positions in American companies. They are earning way above level 4 wages.

Please do not get offended. Your employer is exploiting you by paying level 1 or 2 wages. In the end, it is your decision. Do whatever you want to do as long as it keeps you happy.

Please note most of the cases are approved irrespective of wage level. There are some denials at wage level 1 but not at alarming rate. This is what I noticed on this forum. At wage level 1, it becomes difficult to prove position is specialty occupation but employers/Lawyers have ways to prove it.
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Posted in H-1B Forum on 29 Dec 2017
Topic: RFE on Level 2 soc code 15-1132

Earlier, extensions applications (if there is no change in employment conditions) were approved based on previously approved petitions (like in your past extensions). In Oct, 2017 USCIS issued a memo that all extension applications will be processed and scrutinized similar to new petitions. Hence more RFEs are being issued even if someone has worked for the same employer for decade.

You are an MS from here, full time position with employer for 9 years ( I guess not in EC or EVC model) and still at wage level 2. Looking at the scenario these days, it will be better for you to move to higher wage.
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Posted in H-1B Forum on 29 Dec 2017
Topic: RFE on Level 2 soc code 15-1132

Please do not worry until you receive RFE documents. There are various reasons for which they can issue RFEs and not just wage level. It could be for specialty occupation, employer employee relationship, education or something else.
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