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  • sara_apk
    04-16 04:05 PM
    While at J1-visa, my employer applied for H1B for me. After 3-months of no response from uscis, we sent a check for $1000 for 'premium processing'. My H1B was approved 4 days after check was mailed out. A week after approval Uscis 'REFUNDED' the check with a note the 'case was approved in regular process' hence the refund.
    You can hope to get the refund and if not write to uscis and they are honest about these things.

    Thanks for your reply. Do you know the address information of USCIS that I can ask them about this?

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  • whitecollarslave
    08-31 11:34 AM
    I filed AOS during July 07 fiasco. It has been more than 15 months since the first fingerprint but I have not yet received 2nd fingerprint notice. I noticed a SLUD in May/09 but no notice. Anybody else out there who filed in July but don't have second fingerprint notice yet?

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  • ramaonline
    11-21 04:15 PM
    I am not sure how uscis sent you a query after the h1 was approved. Please take infopass appointment on http://www.infopass.uscis.gov/ and speak to an immig officer about your case

    Once you have the h1 approval i797 you should be eligible to start work from the start date on the petition. You also need a new i94 showing h1b status. The new i94 may be attached to the approval notice. You also have the option to work on OPT for some time after completion of your studies.

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  • desi3933
    07-31 04:11 PM

    Do I qualify for EB2?? Plz let me know.

    RFE details:
    1) Degree evaluation(what's the procedure?)
    2) They want most recent W2 for 2007.

    In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.



    1. Submit degree evaluation again, if not submitted with I-140 application. BS+MCA qualifies for eb2, but it also depends on the wording in labor job requirement.

    2. The job offer letter should mention 65k salary. Current salary 55k is ok, but it puts a very good question - if employer wants to pay you 65k after GC why are they paying 55k now? Before you say it, I know that GC is for a future job but getting less salary before gc approval makes employer less credible.

    The question is - why 55k now and 65k when I-485 is approved? Are these 2 jobs different? If so, how and justify. The answer is not that simple.

    Good Luck.

    Not a legal advice.
    US Permanent Resident since 2002


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  • pbuckeye
    09-02 02:04 PM

    I am 100% sure , H4 visa holders cannot work in any position which pays them. It is a violation of the visa.

    Does that also apply to a case where the person is employed in another country and getting paid there? What about a case where the H4 holder travels to their home country and works for 3 months at a local company and gets paid for it?

    Correct me if I am wrong but I would think the rule only applies if you work and earn money in the US.

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  • Kodi
    07-03 11:08 AM
    Texas service center. I think they move much faster than Nebraska.

    Oh... ok. Where can I see which service station the aplication should go to? I'm in NY


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  • psk79
    05-30 12:20 AM
    My few cents.. I was well aware of this situation from my past.. When you first filed h1 with A in 2006 and got approved, it doesn't mean anything unless u started the job with A. So that 'overridden' stuff is WRONG.

    Basically u could continue with univ. as along as ur h1 is with them is valid.. then when u tried to transfer that old employerA's h1 to B, u are in GOOD status as u r working with the univ. However, the reason for using A is only to show uscis that u were counted against the CAP once before and u don't need cap for this new employment with B.

    Since the problem here is with B, you better get some more info on why it was denied. See if they can appeal or something.. I didn't know that employer has to be qualified? Do they mean this company doesn't have enough revenue to support u or something?

    Also there are different opinions on using employer A's h1 to transfer without actually working with A. Half the people say its not possible as u never worked for A and the other half say its fine as u were counted in CAP. B should have told you to wait until ur H1 was approved as this is a weird situation.

    Anyway, since u already left univ, u can try to go back to univ or atleast start with A. Once u go out of the country and get the visa stamped, you should be clear of any out of status issues I believe.

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  • SGP
    03-25 03:48 PM
    Once your I-140 is approved and even if the employer files to revoke the I-140 it will not affect your status. It is at the discretion of the USCIS to revoke the approved I-140. USCIS will revoke the approved I-140 if it detects that it was fraudulently obtained.

    Now to answer your question : Even if company A files to revoke I-140 before the individual files for H1 transfer, it does not make a difference to the individual.
    Deadline = April 30th, 2011
    Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
    Actions - 1) Vote on survey.
    2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
    3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")

    You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?


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  • Pagal
    10-17 10:19 PM

    I underwent two interviews at USCIS offices... be prepared with basic documents, but don't carry a suitcase full of documents and copies etc. The officer wants to ask you questions, not to your documents (otherwise, you would receive a request for documents only). Many people take attorneys with them (generally not necessary, if your case is clean).

    You can appear together for the interview. Be relaxed and answer only the questions asked (do not keep talking at length) to you. Let your wife answer any questions posed to her by herself. In case there are any documents that you do not have with you, the officer will give you enough time (typically two weeks) to come back and resubmit the documents.

    Good luck!

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  • ca_immigrant
    01-20 07:43 PM
    anyone on this ?

    I too have to go in India....in June....

    in case I am not green by then I too have to get the H1 stamped...and anything to expidite the satmping will help...

    Thanks to OP for posting this !


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  • Becks
    02-01 09:49 PM
    Few of my friends had expressed their views that John McCain is better than others when immigration matters. But who ever comes they have to understand legal skilled immigrants problem because these are the people who contribute more to the economy.

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  • ivjobs
    11-06 05:26 PM
    newbie2020 has taken the initiative of arranging the first conference call which was well received among the members. And one of the points he mentioned in the meeting is worth noting here.

    People who are driven towards entrepreneurship have expertise in one or the other field. However they may be looking for help in fields other than their area of expertise. That is where IV members can help each and build their successful businesses.

    For example, some of us may be experts in IT, few in Accounting, few in Marketing, few legal, few finance, etc. And a startup/business needs all these to become successful. That is where we can help each other and grow the businesses. And this is one intention behind starting the IV Entrepreneur yahoo group.


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  • vinabath
    03-24 01:56 PM
    Now everything is queued..... no more cutting lines.

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  • insbaby
    08-12 09:12 AM
    1. Check with your lawyer on this

    2. Do not send affidavit for Aug 20th. Then you end up with documents having two birthdates and affidavits for confirming both birthdates. Instead, just leave it and wait. You may or may not end up with an RFE.


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  • vin13
    05-19 10:57 AM
    How come Mexican president doing Illegal immigration stuff. Indian PM can at least talk about waiting people, family reunion and backlogs.

    I can understand where you coming from.. Mera Bharath Mahan

    But I cant but differ from your views. Indian Prime Minister is not so great as you think. He is only a puppet in Dynasty tantras

    Look i am not trying to say "mera bharat Mahan". All i am saying is tell me why should the Indian PM work to get us the Green Card. If you feel the Indian PM is incompetent, that is not related to immigration. Even if there was a competent PM, why should he/she work to get our Green Card? Tell me how India gains by you or me becoming US Citizens. Please don't tell population reduction for India. Give some substantial benefit for India.

    Mexico is a bordering country and has a different kind of trade and agreements. It is not the same for other countries like India and China.

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  • gc_peshwa
    01-26 06:55 PM
    Well done team IV! BTW has IV already published this email to newspapers? IIRC a free site like PRNEWSWIRE will also help :-)


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  • mrdelhiite
    07-24 07:04 PM
    Thanks for your replies. I have shared the information with him. He just told me that he has a PD back in 2006 EB2 from his last company. He filed Labor + 140 (approved) but did not file I-485 (sorry i did not ask him or he told me earlier).. so now that his PD is fixed you guys think he should wait ?.. His Category for filing will be the same .. Does that help reducing RFE's ?

    Please suggest.


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  • gcdreamer05
    01-30 11:07 AM
    Sorry to hear about your situation...

    There are few things you can do immediately. Try to see if you can afford to become a full time student (f1 visa)... talk to an attorney and find out this option, if you can join some school then you are not out of status, nor will be your wife.

    If you are eligible to apply for an EAD do that too.

    Really sorry man, dont worry this too will pass for sure...

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  • anandrajesh
    02-12 02:42 PM
    I went to India this Winter and got my 7th yr H1B stamping for 3 years till Aug 31, 2009. My passport is expiring this Aug 07. The Immigration Officer at the POE(Chicago) gave me I-94 till Sep 09, 09. (09/09/09) . As you see in my case the VO & Immigration Officer didnt care to see when my passport is expiring. I think they will give you your Visa Based on ur Approved I-797 only.

    11-30 10:42 PM
    Can someone please kindly share their experince in this matter? I really need some advice.

    02-17 10:51 PM
    You'll be stuck forever if your 140 gets denied after you use AC21. If the 140 gets denied, your 485 will be denied automatically and your EAD becomes invalid. At this point, you have the option of filing a motion to reopen the 140 case and/or applying for an H1(that is not subject to quota), provided you have not spent more than 180 days in the US after your 140/485 are denied.
    In all likelihood your H1 will be approved, but you need to go to your home country to get the visa stamped and reenter to start work. When you go for stamping to your home country there a a good chance that your stamping might be denied because you have shown 'intent to immigrate' by applying for 140/485 earlier. Granted, H1B in and of itself is a dual intent visa but you will be at the mercy of the visa officer at the consulate and the odds are stacked up against you.
    So, be very very careful if you exercise AC21 prior to your 140 approval.

    The best alternative is to ask your new employer to file for premium H1b transfer.

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