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Member Profile: pegasys (69 posts)

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Hello, I'm pegasys (report this user)
I am from India
I last logged in on 11 Jan 2018
I have been a member since 13 Jan 2015
I have added 69 posts in trackitt forums
I added my last post on 11 Jan 2018
pegasys's Immigration Cases
 
I-140 case: Approved in 146 days (28 days less than average)   (2 comments)
User: pegasys Nationality: India
Applicant Type:primaryService Center:Nebraska
Category:EB2Priority Date:01 Sep 2013
Application Filed:04 Sep 2014USCIS Received Date:09 Sep 2014
USCIS Notice Date:USCIS Receipt Number:
I-140/485 Filing:non-concurrentProcessing Type:regular
RFE Received?:noRFE Received Date:
Reason for RFE:RFE Replied Date:
Application Status:approvedApproval/Denial Date:28 Jan 2015
Total Processing Time:146 daysMost Recent LUD:
Days Elapsed:
Case Added to Tracker: 15 Jan 2015 Last Updated: 28 Jan 2015
Notes:

PERM case:   (0 comments)
User: pegasys Nationality: India
Priority Date:22 Sep 2015Category:EB2
Audit Received?:noAudit Received Date:
Reason for Audit:Audit Replied Date:
Application Status:deniedApproval/Denial Date:07 Mar 2016
Total Processing Time:167 daysDays Elapsed:
Case Added to Tracker: 25 Jan 2016 Last Updated: 29 Mar 2016
Notes: Sent a request for reconsideration. Wording in job description didn't match the experience letters. Attorney thinks it may be a software issue on DOL side or the CO didn't understand the JD properly. Requested along with supporting documents from previous

PERM case: Approved in 230 days (5 days less than average)   (0 comments)
User: pegasys Nationality: India
Priority Date:24 May 2017Category:EB2
Audit Received?:yesAudit Received Date:30 Jul 2017
Reason for Audit:Business requirement and some other random stuff.Audit Replied Date:30 Aug 2017
Application Status:approvedApproval/Denial Date:09 Jan 2018
Total Processing Time:230 daysDays Elapsed:
Case Added to Tracker: 10 Jan 2018 Last Updated: 10 Jan 2018
Notes:
pegasys's Posts
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Posted in I-140 Forum on 11 Jan 2018
Topic: Switched employer - i140 not searchable

Try searching the application once again or call the national help line.
If that fails, go to local USCIS office with an infopass appointment.

If your employer sent in the request to withdraw the I140 before January 17th , 2017, (if USCIS entered it in their system as received before that day), the 140 can still be revoked.
Even withdrawn applications show on the USCIS website with timelines on actions taken.

Priority date should not be impacted as per the data uscis posted about the rule last year.
The revocation info i gave is based on experience, so dont consider it legal.
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Posted in Atlanta PERM Forum on 10 Jan 2018
Topic: Today's Stats from DOL

this site shows the data after a day, not on the same day.
mine was approved yesterday, employer got the mail yesterday, but i could see it only today.
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Posted in Atlanta PERM Forum on 03 Jan 2018
Topic: May 2017 Perm Audits

Is this information published somewhere on a daily basis?
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Posted in I-140 Forum on 19 Aug 2017
Topic: Automatic revocation of I140.. need help.

Yes..that is how it happened. I tried asking around and the only issue is that the old 140 cannot be used for extension in 2020 or a transfer before that.
Already working with current employer on new perm, so I still have some time to fix all this.

Thanks guys.. it's a relief.

If anyone's previous employer submitted for revocation of 140 before Jan 17,2017.. USCIS is revoking those 140's.
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Posted in I-140 Forum on 18 Aug 2017
Topic: Automatic revocation of I140.. need help.

Hi All,

Here is my case, can anyone answer my questions -

I140 - > Filed in 2014 and approved in 2015.
Revocation request submitted by previous employer Dec - 2016. Not sure if they submitted, I see an update that document was received on this date by USCIS.
Automatic revocation message received from USCIS on - 08/18/2017 (as per website and message)

H1B -> Extension filed in 2017 and approved till 2020.
H4 and EAD -> Approved till 2020.

1) Is H1B safe?, will it be revoked as the I140 used to apply for extension is not active anymore.
2) What happens to the H4 and EAD.
3) If H1 is still active, can I still use the date on the previously approved I140 with the future I140 with current employer.
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Posted in I-140 Forum on 29 Jun 2017
Topic: foia dol for i140 copy

You need FOIA USCIS for I140 copy. Search in the discussions, you will find many references on how to get 140 copy from USCIS.
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Posted in I-765 (EAD) Forum on 12 Apr 2017
Topic: only 1 year extension since last 3 years with approved I-140

Hi,

Have you completed the initial 6 yrs on H1?
If you have not completed 6 yrs.. the extensions are basically on the 6 yrs limit.
I had the same issue.The extension after the 6th yr was given for 3 yrs based on 140.
Submitted same letter again this time for the same client and from same employer.
Saw the same happen with another friend.
Someone told me that they try to complete the 6 years first and then approve 3 yrs based on 140, since the initial approval after the 3 yrs was for 1 year, i guess you missed the bus there.
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Posted in I-140 Forum on 20 Mar 2017
Topic: H4 to H1 transfer in premium after 3rd April

April 1st and 2nd are weekend days. They don't accept applications on weekends and public holidays.
You have till 31st March, but better to make sure application is in their hands by 29th or 30th.
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Posted in I-140 Forum on 14 Mar 2017
Topic: H4 to H1 transfer in premium after 3rd April

Hi,

Yes, it impacts your H1B.
1) Premium processing of all kinds of H1B applications are suspended. Fresh, transfer, extension etc. Even the cap exempt visa's issued for NGO's and colleges.
2) Any H1b (fresh, transfer, extension, change of status from h4 to h1 both cap , non cap) is an I129.
3) Normal processing as of now is taking more than 8 months and that is why they are stopping all premium to clear the backlog.
4) Get a job as soon as possible and file transfer in premium before April 3rd, else just wait till the premiums are back again probably 6 months from april 3rd to file for H4 to H1 in premium. Else, apply for EAD if you are eligible, which you can do even now and get the approval in 3 months.

Hope you know that you can use 3 years left over in your current H1 anytime later. Try reading posts from Immigration girl on this topic.
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Posted in I-765 (EAD) Forum on 20 Feb 2017
Topic: H4EAD Extension

Hi,

Since you are already on H4EAD, your spouse already has a 140, that 140 will be active, assuming he has spent 180 days with the employer after 140 was approved.

You can use the 140 without any issue. for answers to 1,2 and 3, better to talk to an attorney.
EAD for H4 is tightly coupled with H4, so if you dont have the H4 you dont have EAD.
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Posted in I-765 (EAD) Forum on 18 Feb 2017
Topic: H4EAD Extension

1. I should apply H4 Extension to my daughter ? - Yes, if she can be considered as dependent,based on age.
2. shall I apply H4EAD extension after got my H1B Extension approval ? No
3. do I need to apply H4 extension along with H1B Extension then apply H4EAD extension ? Yes.
Apply all 3 together. If you apply in premium all 3 will get approved at the same time with the effective date as 5/31. If you apply in normal, H1 approval will take more than 7 months and then H4 may be at the same time or delayed and then 3 months for EAD.

Based on my own experience.
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Posted in I-140 Forum on 19 Sep 2016
Topic: No I140 documents, I have only have perm Application Number


You will need at least your I140 receipt number to transfer H1B beyond 6 years. If your employer is not cooperating with you, then file a FOIA through USCIS and request them to give your approved I140 copy. But for that also you will need at least receipt number. Good Luck



No need of I140 receipt number, you can get a copy of I140 application by using your I94 number.
Dont say approved copy of I140, just say Copy of I140 for personal records, if the I140 is approved the application will have an approved date and stamp along with an Alien number.

Check for FOIA in trackitt, you will find many posts. If you ask for only I140, USCIS may put it in the shorter queue and you can get the documents in a month or 45 days, the longer queue can take 90 to 120 days.

To the question about moving to a new employer... tread cautiously. This is Sept.. by the time you get I140 copy it will be Oct end or nov and even if you get a good position in nov, visa transfer in premium can happen by nov end or Mid december. Nov , dec are very slow months and then you run into the risk of USCIS approving visa till the end of 6 year period.
Personal experience.. even though i had all documents in place and submitted 140 copy, USCIS approved only till end of 6th year, my observation is that they approve till end of 6th year and when you apply for extension at end of 6th year, you can get 3 yr or 1 yr extension.
Best case would be to stay with employer till may-june and apply for transfer with new employer based on approved 140.

If employer not sharing 140 is the only concern , foia should help.
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Posted in Atlanta PERM Forum on 19 Aug 2016
Topic: PERM Denied - Appeal tracker - Post here

Yes, i plan to get the extension and then revoke the application from BALCA and reapply for new PERM.

I still have time before i can file for extension, so i am asking employer to complete all steps by the time extension is approved.

I too heard that audits happen if filed from same employer, but that was if the previous case was denied in same calendar year. So i plan to apply the new one in Jan. This is all a plan, not sure how far i can implement it.
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Posted in Atlanta PERM Forum on 18 Aug 2016
Topic: PERM Denied - Appeal tracker - Post here

As per our attorney, there has to be an appeal sent to the BALCA by the attorney.
DOL doesn't send it to BALCA by itself, so your attorney must know the details.

Best would be to leave it in BALCA and reapply for PERM as told by our attorney.

BALCA cases can take more than 2 years and not much hope from them.
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Posted in Atlanta PERM Forum on 10 Aug 2016
Topic: PERM Denied - Appeal tracker - Post here

It was filed as govt error in April and got denied in Aug 1st week, so i guess it was moved to reconsideration. Original application submitted in Sept 2015, denied in April.

This is my 2nd perm, the first 140 is still active.
Planning to move case to Balca, get the H1 extn done in prem in few months and then revoke case from Balca and apply fresh.
Let's see what happens.

The whole drama was for a word employer used in the application , which didn't appear on the experience letters.
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Posted in Atlanta PERM Forum on 09 Aug 2016
Topic: PERM Denied - Appeal tracker - Post here

just got the news. Case was declined in reconsideration, don't know the complete details yet.

Will talk to attorney and decide on what to do.
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Posted in Atlanta PERM Forum on 09 Aug 2016
Topic: PERM Denied - Appeal tracker - Post here

Thanks,

Tried this method just now, but it doesn't seem to be correct. I found a case before mine and a case 2 numbers after mine, the internal id logic didn't work, the internal id's were 22 numbers apart, so i checked all the internal id's.

I guess i just have to wait for my turn.
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Posted in Atlanta PERM Forum on 09 Aug 2016
Topic: PERM Denied - Appeal tracker - Post here

Hi,

Can you tell me how you are checking the details you mentioned?
I just have a link to ICERT, where i can search for all PERM cases of my employer and
it shows cases which have been either approved or denied, not the cases in pending.

I was told we cannot log into ICERT portal as it is supposed to be for employers only.
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Posted in Atlanta PERM Forum on 28 Jul 2016
Topic: PERM Denied - Appeal tracker - Post here

Congrats.. good to know some people are getting the approvals.
your's is a 7 months wait, not sure which order they are handling the cases.
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Posted in Atlanta PERM Forum on 25 Jul 2016
Topic: PERM Request for Reconsideration

You can apply for extension 6 months in advance. My idea is to wait till i am eligible for extension and apply for extension in premium. If i don't get any update on the MTR till then, i will withdraw and reapply, that way we can use 18 months to apply for Perm. People are getting PERM's in 3 months these days.
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