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hi_mkg
05-07 08:49 PM
Hi Friends,
Recently, my brother's wife got GC-rejection. Though, my brother has already received his GC. The reason is : her status was invalid for a month in US. She got different I-94 expiration date than him during her first visit in 1999, though they landed here together. But, her I-94 expired earlier than my brother and he extended her Visa based on his I-94 expiration date. My brother did not realize it until now.
What are her option now? The attorney is applying for re-consideration based on husband & kids status (US born), but, they said chances of the acceptance are very slim. They are well settled here. Now, they need to go back to India just because of her GC-rejection. And of course she can not come back here again unless she applies for H1-B. This is very devastating for them after living here for more than 10 yrs.
Has anyone faced similar situation earlier. I guess it is a very common mistake and there must be some solution. Please share your thoughts/experience.
Thanks,
hi_mkg
Recently, my brother's wife got GC-rejection. Though, my brother has already received his GC. The reason is : her status was invalid for a month in US. She got different I-94 expiration date than him during her first visit in 1999, though they landed here together. But, her I-94 expired earlier than my brother and he extended her Visa based on his I-94 expiration date. My brother did not realize it until now.
What are her option now? The attorney is applying for re-consideration based on husband & kids status (US born), but, they said chances of the acceptance are very slim. They are well settled here. Now, they need to go back to India just because of her GC-rejection. And of course she can not come back here again unless she applies for H1-B. This is very devastating for them after living here for more than 10 yrs.
Has anyone faced similar situation earlier. I guess it is a very common mistake and there must be some solution. Please share your thoughts/experience.
Thanks,
hi_mkg
wallpaper Graffiti Tag: text, images,
pthoko
08-04 04:27 PM
The thing is that re-entry using AP does not wipe out previous out-of-status issue as per the 245(k) memo
lord_labaku
09-21 09:15 PM
If your passport has been impounded, cant you only travel out of the country by hiding in a cargo box anyway....GC will be the last in your list of worries. No?
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sweet23guyin
04-23 01:31 PM
You aint getting any information or clarification on this buddy. Everyone says it is a gray area. I am getting gray hair trying to get clarification for this gray area :)
Something so simple cannot be clarified, this is pathetic state of our being. Cant get a head start on business or even think about doing anything out of the box. Depressing!!!
I was in dilemma just like every one; keep postponing things right from the day I got EAD(2years passed).
Since I am on employment with H1b/GC sponsoring employer full time, I did not see a problem starting a company on my spouse name and start working part time as Corp to corp relation.
My feeling is, even if my status changed to EAD ( I don't know how to inform USCIS or USCIS know if I work for my spouse single member company), what will be the impact? RFE's for the next 3-5years? In such scenarios H1b/GC employer will any way ans those calls.
Though, I don't have any proof/idea of what the status I am/will be in using EAD as part time. I simply took the plunge with my gut feeling and economy situation.
If there is a chance or idea you want to put forth with your own company, there is no good time than today!
Good luck and let us know.
Something so simple cannot be clarified, this is pathetic state of our being. Cant get a head start on business or even think about doing anything out of the box. Depressing!!!
I was in dilemma just like every one; keep postponing things right from the day I got EAD(2years passed).
Since I am on employment with H1b/GC sponsoring employer full time, I did not see a problem starting a company on my spouse name and start working part time as Corp to corp relation.
My feeling is, even if my status changed to EAD ( I don't know how to inform USCIS or USCIS know if I work for my spouse single member company), what will be the impact? RFE's for the next 3-5years? In such scenarios H1b/GC employer will any way ans those calls.
Though, I don't have any proof/idea of what the status I am/will be in using EAD as part time. I simply took the plunge with my gut feeling and economy situation.
If there is a chance or idea you want to put forth with your own company, there is no good time than today!
Good luck and let us know.
more...
Sunny33
12-28 02:25 PM
Some times airline people don't even bother to collect the I94. It happend to me twice and I still have those old I94s. I think they will just collect it if you have it on the passport. They will scan your password for your depature entry which is more important. I think you should have not any problem.
jliechty
September 5th, 2006, 02:55 PM
And what is HDR?
High Dynamic Range (imaging) involves creating multiple photos of the same [static] subject at different exposure values (essentially, bracketing). Then you either blend them with layers and masks manually in Photoshop, or use the Merge to HDR function, which works better some times than others (usually not at all for me).
High Dynamic Range (imaging) involves creating multiple photos of the same [static] subject at different exposure values (essentially, bracketing). Then you either blend them with layers and masks manually in Photoshop, or use the Merge to HDR function, which works better some times than others (usually not at all for me).
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mita
09-30 06:13 PM
FIFO must be based on PD and not on I-485 application receive date, I hope you meant the same.
there was a thread yesterday discussing this news. It is indeed welcome news. Atleast now USCIS should concentrate on FIFO approvals. There are just too many 2003/4/5 EB-2I applicants waiting in line when 2006 applicants got approved in a frenzy last couple of months...what a cruel joke! and for EB-3I, this news may reveal the total number of cases pending. Nobody seemed to know the accurate count...
there was a thread yesterday discussing this news. It is indeed welcome news. Atleast now USCIS should concentrate on FIFO approvals. There are just too many 2003/4/5 EB-2I applicants waiting in line when 2006 applicants got approved in a frenzy last couple of months...what a cruel joke! and for EB-3I, this news may reveal the total number of cases pending. Nobody seemed to know the accurate count...
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sdrblr
08-09 06:18 PM
reason # 13.
USCIS says....if we do it the right away, then what will you all do...
there will be no IV
no checking this site over the weekend
no complaining (to be read as B******g)
no Ombudsman (he needs to be fired) ..no lobby group in DC..they all will lose their job.. USCIS is improving the economy :D
USCIS says....if we do it the right away, then what will you all do...
there will be no IV
no checking this site over the weekend
no complaining (to be read as B******g)
no Ombudsman (he needs to be fired) ..no lobby group in DC..they all will lose their job.. USCIS is improving the economy :D
more...
sanju
04-16 12:18 AM
What is meant by 3 years experience before immigrant petition in SKIL Act.
Now I have more than 5 years of US experience, will I fall into this category when I file I-485.
It means a shit if a bill doesn't pass. As of right now, news reports have started suggesting that there may not be any immigration bill this year, which could imply - no immigration bill until 2009.
Also, could we please STOP looking at how a specific provision would benefit you personally? Let me guess the title of your next post….
“When will I get my green card”
Right?
Now I have more than 5 years of US experience, will I fall into this category when I file I-485.
It means a shit if a bill doesn't pass. As of right now, news reports have started suggesting that there may not be any immigration bill this year, which could imply - no immigration bill until 2009.
Also, could we please STOP looking at how a specific provision would benefit you personally? Let me guess the title of your next post….
“When will I get my green card”
Right?
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kkt_tkk
10-09 01:31 PM
Hi,
My wife's EAD card returned back and message showing , card returned by Postal, undeliverable and need response by 180 days with update the address, yesterday's message.
Actually she got her FP and EAD notice receipt number to the same address, but card returned back.
But in this case I saw 20days back, card production ordered and sent the notice. And I am waiting for the card to be delivered and 30days to wait to ask customer service.
Request:
Can you please let me know , how to reach customer service representative with options type?.
My wife's EAD card returned back and message showing , card returned by Postal, undeliverable and need response by 180 days with update the address, yesterday's message.
Actually she got her FP and EAD notice receipt number to the same address, but card returned back.
But in this case I saw 20days back, card production ordered and sent the notice. And I am waiting for the card to be delivered and 30days to wait to ask customer service.
Request:
Can you please let me know , how to reach customer service representative with options type?.
more...
coopheal
12-05 11:41 AM
While I have never worked on OS level, my company attorney has made a mistake. God knows why, but it is mentioned in my LC approval, the job code is: 15-1032 Computer Software Engineers, Systems Software :mad:
I found this link.
http://www.bls.gov/oes/current/oes_stru.htm
I found this link.
http://www.bls.gov/oes/current/oes_stru.htm
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PD073102VA
03-26 09:43 PM
One thing is for sure, regardless of the intent of the law to facilitate immigration of people with graduate degrees in STEM, USCIS will make sure to get into the weeds of proving or disproving that either the degree is not really technical and/or the field is not related to the degree.
It is so easy to get into fields of enigneering and technology that are not directly related to your "field of graduate studies" but you just happened ending up in that field by virtue of opportunities that came across in your professional life. Such fields could be classified as "unrelated" by USCIS even though, execution of job in that field may not be possible without gaining knowledge in the "actual field of study".
Lawmakers make laws to make things easier for people and organizations like DOL and USCIS leave no stone unturned to use the very same laws to make people's lives hell.
It is so easy to get into fields of enigneering and technology that are not directly related to your "field of graduate studies" but you just happened ending up in that field by virtue of opportunities that came across in your professional life. Such fields could be classified as "unrelated" by USCIS even though, execution of job in that field may not be possible without gaining knowledge in the "actual field of study".
Lawmakers make laws to make things easier for people and organizations like DOL and USCIS leave no stone unturned to use the very same laws to make people's lives hell.
more...
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stones
06-30 11:31 PM
have you been employed by Company B? If so, for what dates do you have paystubs?
I have paystubs from November, 2008 to June, 2009
I have paystubs from November, 2008 to June, 2009
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nviren
04-19 02:26 PM
I don't have the experience.
But I am planning to go for visa stamping. I was seriously contemplating to go to New Delhi consulate. My district is Mumbai. It would have saved me a logistic step of sending docs to VFS Mumbai in advance, also the appts seemed to be readily available.
But after going thru the posts at immigrationportal.com forum, I have decided to go to my own district. Don't want to take the risk of that 221g or admin review and run around messing my already tight schedule.
In your case, you already have an appt. If it is very difficult to reschedule it, you may want to take a chance and go to Mumbai. If you can reschedule it easily and fits your itenarary, do think of going to your own district.
BTW, if you think that IV is a help in your immigration journey and have not contributed yet, please contribute to the cause. You can find the required details on the homepage.
Thanks,
But I am planning to go for visa stamping. I was seriously contemplating to go to New Delhi consulate. My district is Mumbai. It would have saved me a logistic step of sending docs to VFS Mumbai in advance, also the appts seemed to be readily available.
But after going thru the posts at immigrationportal.com forum, I have decided to go to my own district. Don't want to take the risk of that 221g or admin review and run around messing my already tight schedule.
In your case, you already have an appt. If it is very difficult to reschedule it, you may want to take a chance and go to Mumbai. If you can reschedule it easily and fits your itenarary, do think of going to your own district.
BTW, if you think that IV is a help in your immigration journey and have not contributed yet, please contribute to the cause. You can find the required details on the homepage.
Thanks,
more...
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desimass77
05-11 01:56 PM
Yes, my school did query with USCIS and got the confirmation that I am at AOS stage. I got AP valied for one year, but I did talk to the school stating that since I am within USA I will not get I-94 as I-94 is given to people who are entering from outside. As my new AP is issued by USCIS it is a valied document.
My FAO communicated with their International Students office who handles immigration issues to confirm this and I got my Loan approved.
Good Luck
Hi desimass77. How do you convince the school that you are qualified?
My wife has a similar situation. We tried to convince school that we are qualified under "parolee" category. However, my wife's I-94 expires (she entered US using AP last June). Her school uses this reason to reject again. Now, we decide to re-enter US again to get a fresh I-94.
Her school officials say that they are going to query USCIS database once my wife gets a new I94 stamp. It is something called G-845 form.
Just curious, did you school query USCIS database on your case? Or your school just think yo are qualified?
I think the "parolee" category is really ambiguous, since it requires student to enter US with parole for at least one year. On the other hand, it wants I-94 unexpired. AP can hardly fit into this category, as if we entered US, the valid length is usually less than 1 year, unless we re-enter US on the exact same date when the AP was issued.
Please, if anybody successfully convinced school on FAFSA, please share your experience here!
My FAO communicated with their International Students office who handles immigration issues to confirm this and I got my Loan approved.
Good Luck
Hi desimass77. How do you convince the school that you are qualified?
My wife has a similar situation. We tried to convince school that we are qualified under "parolee" category. However, my wife's I-94 expires (she entered US using AP last June). Her school uses this reason to reject again. Now, we decide to re-enter US again to get a fresh I-94.
Her school officials say that they are going to query USCIS database once my wife gets a new I94 stamp. It is something called G-845 form.
Just curious, did you school query USCIS database on your case? Or your school just think yo are qualified?
I think the "parolee" category is really ambiguous, since it requires student to enter US with parole for at least one year. On the other hand, it wants I-94 unexpired. AP can hardly fit into this category, as if we entered US, the valid length is usually less than 1 year, unless we re-enter US on the exact same date when the AP was issued.
Please, if anybody successfully convinced school on FAFSA, please share your experience here!
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sunty
11-05 03:37 PM
You are not as bad as you think. Read USCIS guidance on the subject. If your I-140 is not approved by 180 days, you can still use AC21. In that case, the adjudicator while looking at your I-485, sees if filed I-140 was approvable. If so, you are good to go, provided you can prove that you have a new same/similar job offer.
For USCIS guidance see Page 3, Q1 at: http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Thanks jsb....I didn't know this....But I think its still better if I wait for 140 approval...Then atleast one other uncertainty will be removed from my GC journey...Hopefully it would only take a month or two more than normal processing time for my 140...If it gets delayed further, then I might use it anyways..It's nice to know though that I have an option..Thanks again
For USCIS guidance see Page 3, Q1 at: http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Thanks jsb....I didn't know this....But I think its still better if I wait for 140 approval...Then atleast one other uncertainty will be removed from my GC journey...Hopefully it would only take a month or two more than normal processing time for my 140...If it gets delayed further, then I might use it anyways..It's nice to know though that I have an option..Thanks again
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kumar1305
02-15 03:31 PM
The per country limit for countries is 7% and for dependency is 2% . I am not sure what the exact definition of dependency is. The FAM manual lists dependencies. Greenland is listed as a dependency.
Greenland became an integral part of the Kingdom of Denmark in 1953.
Greenland - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Greenland)
FAM Manual
Powered by Google Docs (http://docs.google.com/viewer?a=v&q=cache:duOg7IY_8mcJ:www.state.gov/documents/organization/87529.pdf+FAM+dependent+area&hl=en&gl=us&pid=bl&srcid=ADGEESg0NHOav5w3YDyGRuQ-5l8cUKd7K2x0xOpgUYuc2NMh4tdd3NmeDc4St58eMcS1B8SNt1 MNP82kcQSARNnTKrvmZZUV5yKuQ9_TDvjjfsQNfLurfQ1SfFFA 18ETbPO8Qp6lJbtM&sig=AHIEtbQOfqJ345B3_l9i_ta2BfQz-cTCTg)
If Greenland which is a part of Denmark can be listed as a dependecy be classified as dependencies and given their 2% share each why cannot Union Territories of India i.e. Union Territories:
Andaman and Nicobar Islands
Chandigarh
Dadra and Nagar Haveli
Daman and Diu
Lakshadweep
National Capital Territory of Delhi
Puducherry
Additional Research: Goa and Pondicherry have been removed. Can somebody help me with the official UN docs?
United Nations list of Non-Self-Governing Territories - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/United_Nations_list_of_Non-Self-Governing_Territories)
Union Territories - Profile - Know India: National Portal of India (http://india.gov.in/knowindia/union_territories.php)
So are scotland, wales considered dependencies? Kashmiris can get passport from Pakistan if they want. Who would give passports to Hyderabadis?
Goa and Pondicherry are states now.
It is difficult without knowing the meaning of dependencies and how it is defined.
Greenland became an integral part of the Kingdom of Denmark in 1953.
Greenland - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Greenland)
FAM Manual
Powered by Google Docs (http://docs.google.com/viewer?a=v&q=cache:duOg7IY_8mcJ:www.state.gov/documents/organization/87529.pdf+FAM+dependent+area&hl=en&gl=us&pid=bl&srcid=ADGEESg0NHOav5w3YDyGRuQ-5l8cUKd7K2x0xOpgUYuc2NMh4tdd3NmeDc4St58eMcS1B8SNt1 MNP82kcQSARNnTKrvmZZUV5yKuQ9_TDvjjfsQNfLurfQ1SfFFA 18ETbPO8Qp6lJbtM&sig=AHIEtbQOfqJ345B3_l9i_ta2BfQz-cTCTg)
If Greenland which is a part of Denmark can be listed as a dependecy be classified as dependencies and given their 2% share each why cannot Union Territories of India i.e. Union Territories:
Andaman and Nicobar Islands
Chandigarh
Dadra and Nagar Haveli
Daman and Diu
Lakshadweep
National Capital Territory of Delhi
Puducherry
Additional Research: Goa and Pondicherry have been removed. Can somebody help me with the official UN docs?
United Nations list of Non-Self-Governing Territories - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/United_Nations_list_of_Non-Self-Governing_Territories)
Union Territories - Profile - Know India: National Portal of India (http://india.gov.in/knowindia/union_territories.php)
So are scotland, wales considered dependencies? Kashmiris can get passport from Pakistan if they want. Who would give passports to Hyderabadis?
Goa and Pondicherry are states now.
It is difficult without knowing the meaning of dependencies and how it is defined.
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sweet23guyin
04-23 01:31 PM
You aint getting any information or clarification on this buddy. Everyone says it is a gray area. I am getting gray hair trying to get clarification for this gray area :)
Something so simple cannot be clarified, this is pathetic state of our being. Cant get a head start on business or even think about doing anything out of the box. Depressing!!!
I was in dilemma just like every one; keep postponing things right from the day I got EAD(2years passed).
Since I am on employment with H1b/GC sponsoring employer full time, I did not see a problem starting a company on my spouse name and start working part time as Corp to corp relation.
My feeling is, even if my status changed to EAD ( I don't know how to inform USCIS or USCIS know if I work for my spouse single member company), what will be the impact? RFE's for the next 3-5years? In such scenarios H1b/GC employer will any way ans those calls.
Though, I don't have any proof/idea of what the status I am/will be in using EAD as part time. I simply took the plunge with my gut feeling and economy situation.
If there is a chance or idea you want to put forth with your own company, there is no good time than today!
Good luck and let us know.
Something so simple cannot be clarified, this is pathetic state of our being. Cant get a head start on business or even think about doing anything out of the box. Depressing!!!
I was in dilemma just like every one; keep postponing things right from the day I got EAD(2years passed).
Since I am on employment with H1b/GC sponsoring employer full time, I did not see a problem starting a company on my spouse name and start working part time as Corp to corp relation.
My feeling is, even if my status changed to EAD ( I don't know how to inform USCIS or USCIS know if I work for my spouse single member company), what will be the impact? RFE's for the next 3-5years? In such scenarios H1b/GC employer will any way ans those calls.
Though, I don't have any proof/idea of what the status I am/will be in using EAD as part time. I simply took the plunge with my gut feeling and economy situation.
If there is a chance or idea you want to put forth with your own company, there is no good time than today!
Good luck and let us know.
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gcformeornot
05-03 02:18 PM
The Beacon (http://blog.uscis.gov/)
Over the past few weeks, readers have written in with a number of comments. We wanted to take a moment to address five of the most frequent suggestions.
1) Combine EAD and AP into one document and issue for 3 years.
USCIS is in the process of developing a combination work authorization (EAD) and Advance Parole (AP) card. An announcement regarding this combination card will be made later this year.
2) Allow people with approved immigrant petition to file an I-485.
The regulations at 8 C.F.R. 245.1(a) prohibit a beneficiary of an approved I-140 or I-130 petition from filing an I-485 until a visa number is available.
3) Do not count the dependents against visa numbers.
The requirement to count dependents against available visa numbers is statutory. This is not something that USCIS is able to change on its own; it would require new legislation to be enacted by Congress in order for this to happen.
4) Publish all the backlog data including that of district offices.
USCIS is currently developing an inventory spreadsheet, similar to the one for employment-based inventory, for family-based cases awaiting visa numbers. This spreadsheet would include information about the number of cases at field offices awaiting visa numbers.
5) Publish visa numbers that have been used to date in the current year.
Unfortunately, USCIS is not able to do this, because USCIS is not the only agency that uses visa numbers (the Department of State also uses visa numbers). Accordingly, publishing USCIS�s visa number usage would not be an accurate representation of the numbers used and the numbers remaining. To determine where you stand in the visa number queue, please review the Visa Bulletin.
Over the past few weeks, readers have written in with a number of comments. We wanted to take a moment to address five of the most frequent suggestions.
1) Combine EAD and AP into one document and issue for 3 years.
USCIS is in the process of developing a combination work authorization (EAD) and Advance Parole (AP) card. An announcement regarding this combination card will be made later this year.
2) Allow people with approved immigrant petition to file an I-485.
The regulations at 8 C.F.R. 245.1(a) prohibit a beneficiary of an approved I-140 or I-130 petition from filing an I-485 until a visa number is available.
3) Do not count the dependents against visa numbers.
The requirement to count dependents against available visa numbers is statutory. This is not something that USCIS is able to change on its own; it would require new legislation to be enacted by Congress in order for this to happen.
4) Publish all the backlog data including that of district offices.
USCIS is currently developing an inventory spreadsheet, similar to the one for employment-based inventory, for family-based cases awaiting visa numbers. This spreadsheet would include information about the number of cases at field offices awaiting visa numbers.
5) Publish visa numbers that have been used to date in the current year.
Unfortunately, USCIS is not able to do this, because USCIS is not the only agency that uses visa numbers (the Department of State also uses visa numbers). Accordingly, publishing USCIS�s visa number usage would not be an accurate representation of the numbers used and the numbers remaining. To determine where you stand in the visa number queue, please review the Visa Bulletin.
baburob2
06-04 02:00 PM
Hi,
My H1b visa stamp is of Company A with expiry date Dec 1, 2007.
I work for company B. I have gone back to India and came back with company B�s 1797 and company A�s visa stamp last year (October) without any issues. So we can come back on our previous H1 B visa stamp if we have a valid 797 with us at the port of entry.
My question is below.
Company B�s 797 is going to expire in Oct 24 2007 and I have to travel India during this time and will be entering USA again on November 11th 2007. I am soon going to apply for new 797 with 3 year extension with the same company (i.e B). Assuming I get the extension with 797 till Oct24 2010. Can I still enter USA(on Nov 11,2007) with the old H1B stamp pf company A (expiring on Dec 1,2007) and new 797 of company B(expiring on Oct 2010)
I am also going to talk to my lawyer regarding this. Just in case if someone has anything to share with me, I will appreciate it.
Thanks
To my knowledge you could do it. However make sure you travel out after the approval of your new H1B. But you might not be given I-94 till the end of 2010, they sometimes give it only for extra 2 years ie till 2009. HOwever plz check with your attorney.
My H1b visa stamp is of Company A with expiry date Dec 1, 2007.
I work for company B. I have gone back to India and came back with company B�s 1797 and company A�s visa stamp last year (October) without any issues. So we can come back on our previous H1 B visa stamp if we have a valid 797 with us at the port of entry.
My question is below.
Company B�s 797 is going to expire in Oct 24 2007 and I have to travel India during this time and will be entering USA again on November 11th 2007. I am soon going to apply for new 797 with 3 year extension with the same company (i.e B). Assuming I get the extension with 797 till Oct24 2010. Can I still enter USA(on Nov 11,2007) with the old H1B stamp pf company A (expiring on Dec 1,2007) and new 797 of company B(expiring on Oct 2010)
I am also going to talk to my lawyer regarding this. Just in case if someone has anything to share with me, I will appreciate it.
Thanks
To my knowledge you could do it. However make sure you travel out after the approval of your new H1B. But you might not be given I-94 till the end of 2010, they sometimes give it only for extra 2 years ie till 2009. HOwever plz check with your attorney.
satish_hello
10-13 02:11 PM
Same here i got my EAD and AP, no FP yet..
-satish
-satish
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