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Member Profile: pegasys (82 posts)

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Hello, I'm pegasys (report this user)
I am from India
I last logged in on 11 Apr 2018
I have been a member since 13 Jan 2015
I have added 82 posts in trackitt forums
I added my last post on 11 Apr 2018
pegasys's Immigration Cases
 
I-140 case: Approved in 146 days (29 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 (4 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 Apr 2018
Topic: Need suggestion for job change

The A-* number on the FOIA copy you have, is important, that's what is required to claim the AC21 exemption for H1 non cap extension.
The attorney may ask for the copy of the FOIA, but he wont be submitting it to USCIS.

Yes, you will have to go through Perm and I140 again, but you will have time for it.
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Posted in I-140 Forum on 10 Apr 2018
Topic: I-140 revoked after 180 days per USCIS case status

I am not sure which excel you are referring here, if you refer the 2018 SOC manual pdf from the bls.gov website, you wont find the designation you mentioned.
Each company has their own designations, but they need to fall into once of the SOC codes and that is what matter.
This is what i was told by the attorney as the designation changed when i moved company.

If you know otherwise, let us know.
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Posted in I-140 Forum on 10 Apr 2018
Topic: I-140 revoked after 180 days per USCIS case status

When was your H1B extn filed? please update here when you have the decision on your application.
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Posted in I-140 Forum on 10 Apr 2018
Topic: I-140 revoked after 180 days per USCIS case status

I left my employer in 2015, but the employer submitted a request for withdrawal in Dec 2016 about 20 days before the rule was to become final. So USCIS revoked my I140 and the immigration guy at the previous employer was kind enough to share the copy of withdrawal, but it took USCIS 8 months to act and before that i managed to get a H1 extension for 3 years.

New employer submitted the i140 3 months back and mentioned the old date for porting, once i get the outcome of the new i140, i will let you know if the date was ported.

There are many people who have had this experience, though the new rule says they cant automatically revoke after 180 days.
I went to the local CIS office, but the officer was of no help, she basically said, it's revoked, there is nothing else to tell you about it.
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Posted in I-140 Forum on 10 Apr 2018
Topic: I-140 revoked after 180 days per USCIS case status

As far as I know, the designations at your employment and the designation submitted to DOL for prevailing wage rate are different. So you should be good.
The designations submitted to USCIS and DOL are standard, whereas your designation looks like an internal designation.
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Posted in I-140 Forum on 09 Apr 2018
Topic: I-140 revoked after 180 days per USCIS case status

Hi,

Can you give a timeline on when you left previous employer and when the revocation happened?
Same happened with me, I may be able to give you some pointer.
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Posted in I-765 (EAD) Forum on 16 Feb 2018
Topic: Travel with error in EAD

EAD is only for work, not for entering into the country.
If you received EAD against a pending I 485, you will need a visa or a Advance Parole to enter the country.
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Posted in I-140 Forum on 13 Feb 2018
Topic: Previous employer revoking I-140

Yes, if you already have H4EAD, you are good.
Issue is only during extension.
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Posted in I-140 Forum on 13 Feb 2018
Topic: Previous employer revoking I-140

You need not be shocked so much, if you switch on the alerts on your case in USCIS website, even after the case has been approved for long, you can still receive updates if there is any activity.
The USCIS status page has list of actions being taken, so if an employer is sending a letter to USCIS after he left , it just leads to only one conclusion.

To Miracle1 - If you already have the H4 in hand, apply it quickly, USCIS takes some time to take any action on the approved I140.
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Posted in I-140 Forum on 01 Feb 2018
Topic: Employer withdraw i- 140 days after 365 days

yes, that is correct, but the status on USCIS case status site is getting changed to automatically revoked.
So i am not sure if we are missing something in these rules.

If anyone can get more information on this , that would be great.

Clearly, visiting the USCIS office with an infopass appointment , didnot help.
As some of you said, the officer may be wrong and i agree, each one in USCIS has their own take on the rules and since i visited a local office, i have my own doubts on what the officer told me.
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Posted in I-140 Forum on 31 Jan 2018
Topic: Employer withdraw i- 140 days after 365 days

USCIS takes a lot of time to revoke or withdraw stuff, mine was withdrawn 9 months after previous employer submitted the letter.
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Posted in I-140 Forum on 31 Jan 2018
Topic: Employer withdraw i- 140 days after 365 days

I thought the same, the officer at USCIS office said.. you cant do anything with this I140 now.
I didn't probe any further , but she said, nothing is available with USCIS to approve any extensions(she meant H1).
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Posted in I-140 Forum on 31 Jan 2018
Topic: Employer withdraw i- 140 days after 365 days

I am in the same boat. My previous employer had submitted the withdrawal just before the new I140 rule was to become effective and USCIS withdrew my I140 in August.
I left the previous employer 2 years back and as of now i have visa till 2019, so i was not concerned much.

When i went to USCIS field office to understand the implications using an Infopass, the lady just said, it's withdrawn and nothing is pending with USCIS now, so it's done now, no further use of this old I140.

Try to contact your previous employer and ask for the revocation notice.
Check if the clause says "B" or "C"?
B basically means the individual is deceased and C means left employment.
If your prev employer mistakenly sent the application as "B", that would explain the withdrawal...
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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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