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Nomadic Alien

Issues in filing for AOS

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I have an approved I-140 with my employer. My employer had initiated the application for the I-485. After the attorney has reviewed the papers for the last stage, they have decided not to proceed with filing my I-485 due to some discrepancy in the prevailing wages on my H1 ETA and the W-2 issued in 2010.  The attorney advises that I leave the US and return with a new stamped H1B.  I had not left the U.S. since my H1B, therefore I don't have any prior stamping on my passport.  Is there any way to fix this situation without me having to travel overseas? Please advice.

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Get a second opinion. But i would seriously doubt your employers attorney would consider it. Usually a senior attorney evaluates your case thoroughly. 


   In case you do go to your home country, please carry all supporting documents. Especially to prove why your W2 is less than your H1-eta. you could show approved time off/un-paid leave. Of course only if the VO asks for one.

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