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    • martinvisalaw
    03-23 09:12 AM
    Hi Elaine, I have a similar issue. I work for a consulting company, the company headquarter is town A (the same with LCA location) and I have been working for client in town B since several years ago. I have asked my employer whether I need to get an H1B amendment, my employer said since town A and B belong to the same metropolitan statistics area and are within commutable distance (9 miles), there's no need to do amendment. Should I be worried with the new memo coming out?

    You should be OK if the two locations are within the same MSA.




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    • supers789
    09-21 05:07 PM
    Thanks for the reply. But I have not yet received the approval. I have just received the receipt of H1B transfer application, and I am worried if they would not approve H1B transfer application since middle name has a typo. Please reply.




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    • Prashanthi
    06-23 05:16 PM
    Agree with Hpandey, in this situation, 245K would help and any out of status period is counted only from the time after his latest entry, any out of status periods before that do not matter. Even without 245K i dont think the USCIS will make a big deal of this or even notice, but you never know.




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    • ronhira
    07-02 06:45 AM
    Rest all states should pass similiar law............

    they should have passed this law when your forefathers illegally arrived to these shores..... then your sorry as$ would not be here today asking for similar law in other states.....


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    • aguy
    07-27 03:14 PM
    Hi,

    There seems to be a lot of mixed information about F1-OPT and I-485.

    My wife is on a F1 visa. She will be finishing school soon. She also has a pending I-485 linked to my application and an "approved" EAD.

    Can she apply for OPT?

    I will appreciate if someone can shed light on this.

    Thanks.




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    • lecter
    May 20th, 2004, 09:39 AM
    FM and Co choose what they like. And they are consistently inconsistent.....

    :D:D:D:D:D:D
    H4 to H1 again H4 [Archive] - Immigration Voice
    Log in

    View Full Version : H4 to H1 again H4



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    • rb_248
    01-31 08:28 PM
    don't waste your time predicting.




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    • fixxer
    07-16 01:55 PM
    It looks to me like they made a mistake on the valid dates for the new EAD. That happened to me last year, I received my new EAD card and it was only good for 1.5 months.
    I had to mail them the card and after a couple of calls and some headaches they sent me a new EAD card, this time valid for 2 years.

    Good luck!


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    • neel_gump
    07-07 12:03 PM
    My EAD expires on 07/28/2010. My EAD renewal is currently pending (applied online on 5/18/2010 at NSC). My AP expires on 08/24/2010. I am planning to apply for AP renewal once I finish my move to new address.

    So, I really don't know which date to put. BTW, USCIS online application didn't mark that field as required.




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    • gc_chahiye
    06-08 04:45 PM
    LC is Certified this week.

    congrats. was it EB2 or EB3?

    All the best with I-140 (and hopefully a concurrent I-485 depending on how dates move in July :) )


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    • aguada
    11-09 11:40 AM
    My case: Perm Approved, I140 approved last year, long wait for I485. I have (had) 3 years extension till 2013

    My company's lawyer was supposed to revoke H1 of say (name changed) Venkatesh Natarajan and they by mistake revoked mine because of similarity of name(Vedant Narayanan). This happened in July and got approved in August (see below for details). The day my company got to know a wrong employee's H1 was revoked they filed for reinstatement.


    Here are the chronological events

    Date on which my H1 revocation notice was sent to USCIS: 7/28/2010

    Date on which USCIS agreed to revoke my H1: USCIS says they got our letter of revocation on 8/15/2010, but their letter was dated 9/27/2010

    Date when my employer was informed by lawyer's office about revocation: 10/24/2010

    Date when my company filed for reinstatement of my H1, with pre-paid FedEx packet for USCIS to use with a reply: 10/25/2010. The USCIS has not responded to this letter.

    Currently the action being taken is that they are in a process to file a new H1B as a backup, if USCIS doesn't reply to the letter or if they say that revocation process can't be undone.


    I read about this nunc-pro-tunc provision. Do you think my new premium H1B should be filed with the nunc-pro-tunc provision? So that my new H1 is backdated from the day it was revoked.

    References:
    MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)
    MurthyDotCom : Murthy Success Story - Previously Denied H-4 Nunc Pro Tunc & I-485 Approved (http://www.murthy.com/news/n_mssnpt.html)
    MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)

    Section 245(k)

    Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.


    Will this 180 days 245(k) clause help me in anyway?

    How should we tackle this situation. Is there any other options that we can try, any phone number we can call? Any way we can ask USCIS to undo the revocation? Any suggestions/pointers appreciated.

    Thanks




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    • tranquilram
    02-22 12:24 PM
    I'm in a similar boat......

    You can file after April 10 (six months to October 10), correct?

    Are you planning to get your visa stamped while your are in India? The earliest date to appear for visa stamping is 90 days before the visa start date. I dont know if this rule is very strict or applicable in this case.


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    • stuckinindia
    10-22 03:13 PM
    Hello,
    I am stuck in India (along with my husband who) after leaving USA where I am living for over 5 years. I just came for 2 wks here in India to get stamping done at the Chennai Consulate. They kept my passport and said they will give visa, in next 3-4wks..Its past a month and 3 wks.. I am force to live with relatives. I can't even go to my home country without my passport. Everything I own is back in USA. How do I get back to it? I am on H4 and my husband is H1B. I am holding another country's nationality. I can't even visit my home country without my passport. Why did the Consulate kept the passports for this long? :confused:Why are we being treated this way?? Why didn't they do a security check where I was living for over 5 years? I am so frustrated being stuck and worry about my home left unattended back in the US.
    :mad:
    Any advise? Can I contact someone to help expedite this process?




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    • arnet
    11-21 07:31 PM
    check this:

    http://immigrationvoice.org/forum/showthread.php?t=15575

    also there should be other post, search the forum.


    good luck.


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    • rsymonds
    08-04 06:36 PM
    Hi,

    Here is my current Status :

    I485 : Filed in July 2007
    PD : April 2006
    EAD : Valid till 27th August 2010 (filed for renewal last week)
    AP : Valid till Jan 22nd 2011
    H1B : Valid till Jan 22nd 2011

    My employer is still the same who filed for my GC (and helping me keep my H1 current) Last couple of time when I went to India I have used AP to re-enter the US. My wife used her EAD to get a job locally - but now she has quite and she is in India. . I am currently in process of getting my H1 stamped on my passport, get H4 for my wife and son (who was born on July 30 2010 in India)

    MY QUESTION IS : What should we use to re-enter the US ? AP or H1/H4 ?
    Will my H1 and EAD still be valid ? or will I lose one of them ?

    Please let me know. I do not want to take a wrong step since I am so close to getting my GC.

    RS




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    • Springflower
    12-23 03:05 PM
    Ajay,

    Thank you for your reply.

    I am assuming that you did not apply for AP earlier.
    You took the Infopass and got the AP in 2 weeks.

    [I read in the USCIS website that, if you had applied for AP & if you have to travel in emergency, they speed it up & issue the AP during Infopass appointment].

    I think it is true whether we have an AP application in process or not.

    Did you take photos, check, I-485 receipt etc., along with you to the InfoPass interview?

    It is good to know that we can get AP if we have to travel urgently.

    Did they say they would mail the AP to your address in your Infopass
    appointment?

    Thank you for your help!


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    • like_watching_paint_dry
    09-01 10:51 PM
    First of all congratulations to all those who got their approval in the last couple months. Now comes the big dilemma for some of us. Did anyone tried to switch their jobs, or at least, ditch their current employer? Did anyone switched their employer immediately after the green card approval? I am sailing in this boat. I want to switch my employer ASAP, but is hesitating to do so... as you know there are some obvious reasons later. What are other problems that you think other than getting tons of questions during the citizenship? Appreciate your answers. ;)

    I've taken quite a few lawyer opinions on this. It is best to stay put for 6 months to a year if you want to play it safe. There's no rule set in stone regarding this. If there is a very compelling opportunity, go for it. If not, just chill a little. If your employer treated you badly because you were on the green card leash, return the favor by playing some games with such employers & enjoy the fun.




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    • sandiboy
    07-19 03:45 PM
    How will USCIS process the I-485 petitions?. According to the applicant's labor priority date or I-485 petition receipt date?. pray tell....:confused:


    There is a thread going on with this discussion:
    http://immigrationvoice.org/forum/showthread.php?t=10428

    It is processed per RD, but approved per PD.




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    • priya.r
    12-27 10:56 PM
    Thank you all for your valuable input.




    raysaikat
    07-27 08:04 PM
    Does it mean that if she graduates before the I-485 is approved, she cannot work? Or can she accept employment on the green card EAD even though the I-140/I-485 are pending. What will be her status during that period?

    By filing I-485, she is no longer in F-1 status; she is in AOS. I believe that she cannot get OPT. She can work without any restriction by using her EAD (as long as it is valid).




    ascetic
    05-03 05:53 AM
    What about the Spidy ?

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    Posted by welot at 4:35 AM

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