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  • anand622
    03-24 11:08 AM
    Even I am in the current situation. we can discuss or email
    i have spoken to a couple lawyers so we can exchange options





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  • surabhi
    05-20 10:47 AM
    I had duplicate I-485 based on same I-140. The A#s were different on both I-485.I was concerned about AP / EaD renewals. I took infopass and went to USCIS today.

    I was told both my applications are now consolidated and keying in either of receipt# or A# is bringing back both applications and its all set.





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  • resident1374
    01-29 10:54 AM
    Thank you for your reply!

    My H1B is with the same employer for whom I have been authorized to work. I have never changed employers - have been with the same employer since 2002. My current H1B is valid till May 2011.

    Well, hopefully my AOS will be approved.

    Can you please tell how long should I wait before contacting USCIS (Infopass) with regards to the status of my case? 30 days? 45 days?

    In case this get denied - should I refile or appeal? The IO had told me that I can re-file if it gets denied due to abandonment. Will re-filing create any problems?

    Again, thanks a lot for taking time and replying to my earlier question!

    Thomson





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  • 485Mbe4001
    03-20 02:56 PM
    instructions from Oh's site

    03/20/2009: USCIS to Release Answers to Scope of TARP-Funded Employer Restrictions to H-1B New Hire

    AILA has reported the USCIS update on this issue dated 03/20/2009. According to this USCIS release which may be released on its website soon, the people will be either subject to the new law or not subject to the new law:
    Those Who Are Subject to the New Law:
    Any LCA or petition filed on or after 02/17/2009 by such employer for hire as a new employee regardless of whether he/she is already in H-1B status and regardless of concurrent new employment by such a new employer.
    New employment based on a petition approved before Feb. 17, 2009 but the H-1B employee had not actually commenced employment before that date.

    Those Who Are Not Subject to the New Law:
    H-1B petition to extend the H-1B status (EOS) of a current employee with
    the same employer (TARP funded).
    H-1B petition seeking to change the status (COS) of a current U.S. work authorized employee to H-1B status with the same employer (TARP funded).
    It is a huge relief for those nonimmigrants who are currently working with the TARP employers who need extension of their current H-1B status or change of their nonimmigrant status from other nonimmigrant classification to H-1B, particulay in the FY 2010 H-1B cap filing on or after April 1, 2009. We salute the USCIS leaders for such lenient and liberal interpretation of the new law. For details, people are advised to wait until it is published in the agency's website.



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  • supers789
    10-09 05:36 PM
    Can IV core put some light on -

    Is there quarterly Visa spillover or its only at the end of every USCIS year (July-sept) ?

    If NO, any way to add that in?

    Thank!





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  • OLDMONK
    07-18 02:05 PM
    If Skill Bill passes eventually, won't EB2 be beneficial over EB3.

    I used my EB2 (jan 2006) over EB3 (March 2005)



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  • tb2904
    03-26 04:05 PM
    Who are the guys making more than 250K? Why are they stuck in retrogression?

    I am assuming that if you are salaried employee and making more than 250K, you should be at executive level qualified for EB1 visa - which is current for all countries.





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  • bp333
    10-04 07:10 PM
    Hi Folks,
    I had applied for AOS,EAD and AP for me and my wife on July 2nd.
    I got my EAD, Finger Printing Notification, but my wife's application got returned on Aug 30th. I called USCIS after 3 months to find out status on her case and they said it was returned on Aug 30th which we haven't received so far. The reason for rejection was incorrect or missing check.:(
    So, can please any one tell me if i can re-apply her case even though i did not get her application back?
    Any information on this will be greatly appreciated.

    Thanks a lot
    gc_dreamer_485

    Hi, I am in the same situation. Rejected on 9/11 and they said they mailed it on 9/19 haven't received the packet yet. Please keep me posted.

    FYI, you can open a FORMAL Investigation with USCIS if the mailing of rejection notice exceeds more than 30 days. Call USCIS and see what they have to say.



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  • BeCoolGuy
    04-02 03:05 PM
    Oh well, here you go:

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=4651055651

    This is the process u may follow -

    1) Hope DOL/USCIS does not know this.

    2) over the long run - File WH4 form at DOL. Or else they may revoke your I-140 even after approval. That will help you save your status incase DOL comes after. Very important to do, Form will collect many scary details about you (H-1B Nonimmigrant Information), but it is necessary for you to be safe.

    3) Using the fact that you filed WH4, you can switch employers, without paystubs.

    4) Follow up hard with employer. He should know that this is not legal.

    Keep us posted.

    Goodluck





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  • superdude
    07-19 01:18 AM
    My lawyer sent me the fedex tracking sheet for the I-485 package sent to:

    USCIS
    Nebraska Service Center
    850 S Street
    Lincoln, NE 68508

    I did not see any PO Box on the Fedex tracking sheet. I am not sure if she put the PO Box on the shipping label or not??

    Is it a big deal?? Will my application be accepted.

    Please help

    It is avery common address. Track the shipment via SedEx, It will be delivered.



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  • greenguru
    06-30 12:03 PM
    Well Said, EB3 retro.

    My job title is Software Engineer, can i join another company with a different job titile.


    Cheers





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  • crazymish
    03-06 10:54 AM
    Then again I presume it would involve paying a fee of $80 for the biometrics too each time you apply online. Could be avoided if we go paper based.

    That does raise a small question here, the $1010 fee that we pay does that also exempt us on the biometric fee, so in essence AP/EAD/FP is all exempt irrespecitve the number of times we apply under the new fee structure?



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  • saint_2010
    09-21 09:19 PM
    ^





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  • number30
    07-23 12:20 AM
    MurthyDotCom : Effect of Travel While in H1B/L-1 Status with Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
    MurthyDotCom : Effect of Travel While in H1B/L-1 Status with Pending I-485 (http://www.murthy.com/news/n_efftrv.html)



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  • reddog
    03-09 11:22 AM
    I think she need to fill I-9 form to switch to EAD and thus switching out of H1.

    Right now she is on H1 as well as AOS.

    incorrect thought.
    I-9 is a Employment Eligibility Verification form that stays with the Employer.
    She is considered to be on an AOS status. nothing to be done.





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  • veni001
    07-06 08:53 PM
    Looks like my attorney did not read 8 CFR completely before answering my question?:(

    Veni001 , you are again giving the wrong information. I have just talked with my lawyer about this.
    The Pd is yours in any circumstances I 140 revoked or not.(except substitution labour case and fraud case).



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  • Roger Binny
    07-17 01:36 AM
    Uff..dude your thread raised lot of curiosity.

    Anyways, sounds like happy ending for now, thanks to USCIS for the MTR and the traffic it generated towards this thread.

    Wish you good luck and i hope in few months we will get a better USCIS website.





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  • martinvisalaw
    09-22 07:34 PM
    my fiancee has F-1 visa too, but we are getting married next month so excited. should i ask my employer to apply for us the same time?

    Yes, if she wants to change from F-1. She might want to stay in F-1 status as long as she can, especially since she can get work authorization.

    i don't know how is this work, and how much is the f-1 to h-4 status change costs.


    That depends on the lawyer, Filing fees are $300


    if i get denied, she will be denied too
    Yes

    but if she gets denied, will i get denied?

    No, not necessarily

    in other word, is filing both visa same time affect the chance of getting approved?

    I've done thousands of H-1B and H-4 cases filed together. It's very common.

    u guys know the odds of getting approved on h1b from non profit organization these days?

    If the job meets the H-1B criteria, and you do also, you should be fine.





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  • GCard_Dream
    07-28 03:59 PM
    I am planning a family trip to Mexico for few days and would like to get some suggestion or personal experience on how to re-enter to United States. Here is my situation:

    Wife has a valid H4 stamp in her passport which is good for another year. We also applied for travel document after we filed for I-485 but she has never used that travel document. Now the question is what do we use for her, H4 or travel doc, when we re-enter US from Mexico? I can't think of any reason why she shouldn't be able to use her H4 to re-enter but the fact that she also has a travel document, will the officer require her to use travel doc and enter and parole. In that case, does she lose her H4 status and just become a parole or should she not even show the travel doc and just the H4.

    Any help will be very much appreciated.





    reddysn
    06-17 10:46 PM
    I dont know about it

    But you may want to read this for the procedure for applying waiver for medical issues

    http://faq.visapro.com/Immigration-Medical-Exams-FAQ9.asp


    All
    First of all, sorry to open a new thread for my problem, but didn't find a related thread.

    I was tested positive for genetal herpes 6months ago, but after that i didn't have any outbreaks. Now i have to go for medicals for my I485 next week.
    Iam very much worried if it will effect my chances of getting GC.
    Should i let the civil surgeon know iam positive for herpes and show my medical reports before he does the blood work, or should i wait till he finishes my blood work? I have read that i can apply for a waiver even if im tested positive for herpes, is it true? If so, can any body please tell me what is the procedure? Do i need to do it when we are filing for 485, or is it a separate process?

    Please guide me.

    Thanks in advance.





    theMan
    11-10 01:32 PM
    I am planning on changing to another company but I dont have the labor certification details. All I know is, it is Software Engineer and have salary details and some basic job requirements. My I-140 is approved. If I move to another company on EAD, and if I get an RFE, how can I provide the details of same/similar employment?

    Thank you,

    Per my lawyer, you can file FOIA, although it could take time. As long as you are moving to "similar" field, you should be fine.



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