H1BGCWait
09-20 06:56 PM
I have searched lot of threads regrading AC21 when the new is less. I am currently working in a city. I have applied for 485 on July 2. 140 is approved. I am planning to move to rural area in the same state. Since the location is rural, the pay is lower than pay specified in my current labor. Since they also sponsor GC, I am sure the pay is higher than the prevailing wage.
Under these circumstances, is it ok to use AC21. Is it possible to argue that the wage is higher than the prevailing wage in the new EVL to be submitted with AC21.
I am aware AC21 is for "same or similar job". What about pay? ANy issuew with this.
I appreciate any help.
Thanks.
Under these circumstances, is it ok to use AC21. Is it possible to argue that the wage is higher than the prevailing wage in the new EVL to be submitted with AC21.
I am aware AC21 is for "same or similar job". What about pay? ANy issuew with this.
I appreciate any help.
Thanks.
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dngoyal
05-15 10:20 AM
I went for Fingerprinting for I-485 case seond time on 9th May. When it is updated in your profile at uscis website. I see it is still showing up old dates as LUD.
Any idea ?
Any idea ?
STAmisha
02-19 05:16 PM
Does anybody has experience of new H1 stamping in Canada (current status in US is H4 visa)
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mrsr
06-19 07:43 PM
do v need to print 325A form on coloured paper ?
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siddhu98
07-23 12:43 PM
My daughter (5 yrs) is an US citizen and having passport valid until end of Sep 2009 and having POI card for 15 years from Indian consulate.
Now I am planning to take her to India for 3 weeks from Aug 1st week. The travel agents says her passport should have at least 6 months valid from the date of date of the return (Aug 4th week). Is that true/correct? Can she enter here in USA after her India visit with 20 days left in the passport validity?
I will be using my AP though I maintain H1B status (I-797) and work for the same employer.
Thanks for your reply.
Now I am planning to take her to India for 3 weeks from Aug 1st week. The travel agents says her passport should have at least 6 months valid from the date of date of the return (Aug 4th week). Is that true/correct? Can she enter here in USA after her India visit with 20 days left in the passport validity?
I will be using my AP though I maintain H1B status (I-797) and work for the same employer.
Thanks for your reply.
Blog Feeds
10-28 09:00 AM
Many of you don't know that I put out a regular newsletter on immigration law. It's less opinion-oriented than the blog, but a good way to keep up on many developments in the field. Here's the link for this week's issue. And here is the table of contents: 1. Openers 2. ABCs of Immigration Law: H-2A Temporary Agricultural Visas 3. Ask Visalaw.com 4. Border and Enforcement News -ICE says no opt-out for local jurisdictions -Immigration audits of employers increase -Deportation of criminals increases -Authorities use social networking sites to detect immigration fraud -California border inspector accused of taking bribes -Napolitano...
More... (http://blogs.ilw.com/gregsiskind/2010/10/siskinds-immigration-bulletin-october-27-2010.html)
More... (http://blogs.ilw.com/gregsiskind/2010/10/siskinds-immigration-bulletin-october-27-2010.html)
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roseball
03-29 04:41 PM
I think you will have an option to apply for a H1 for the remainder of the six years without being counted in the quota...
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Macaca
12-13 06:23 PM
Intraparty Feuds Dog Democrats, Stall Congress (http://online.wsj.com/public/article/SB119750838630225395.html) By David Rogers | Wall Street Journal, Dec 13, 2007
WASHINGTON -- Democrats took control of Congress last January promising a "new direction." A year later, the image that haunts them most is one symbolizing no direction at all: gridlock.
Unfinished work is piling up -- legislation to aid borrowers affected by the housing mess, rescue millions of middle-class families from a big tax increase and put stricter gas-mileage limits on the auto industry. Two months into the new fiscal year, Democrats are still scrambling just to keep the government open.
President Bush and Republicans are contributing to the impasse, but there's another factor: Intraparty squabbling between House Democrats and Senate Democrats is sometimes almost as fierce as the partisan battling.
A fracas between Democrats this week over a proposed $522 billion spending package is the latest example. The spending would keep the government running through the current fiscal year, which ends Sept. 30, 2008, but it has opened party divisions over funding the Iraq war and lawmakers' home-state projects.
After enjoying an early rise, Congress's approval ratings have fallen since the spring amid the rancor. In the latest Wall Street Journal/NBC poll, just 19% of respondents said they approved of the job Congress is doing, while 68% disapproved.
Democrats are hoping to get a boost by enacting the tougher auto- mileage standards before Christmas, but other matters, such as a farm bill to continue government price supports, are likely to wait for the new year.
Republicans suffered from the same House-Senate tensions in their 12 years of rule in Congress. But the situation is more acute now for Democrats, who must cope with both Mr. Bush's vetoes and the narrowest of margins in the Senate, leaving them vulnerable to Republican filibusters.
Democrats in the House interpret the 2006 elections as a mandate for change. They are more antiwar and more willing to shed old ways -- such as "earmarks" for legislators' pet projects -- to confront the White House. Senate Democrats, by comparison, remain more tied to tradition and institutional rules that demand consensus before taking action.
"The Senate and House are out of phase with one another," says Rep. Barney Frank, chairman of the House Financial Services Committee. "There was a big change last year, a big change that affected the whole House and one-third of the Senate. That's the fundamental disconnect."
Rather than move to the center after 2006, President Bush has moved right to shore up his conservative base. He has also adopted a confrontational veto strategy calculated to disrupt the new Congress and reduce its effectiveness in challenging him on Iraq.
Just yesterday, the president issued his second veto of Democrat- backed legislation to expand government-provided health insurance for the children of working-class families. In his first six years as president, Mr. Bush issued only one veto. Since Democrats took over Congress, he has issued six vetoes, and threats of more hang over the budget talks now.
For Democrats, teamwork is vital to challenging the president, and it's not always forthcoming. A comment by Charles Rangel, a New York Democrat who is chairman of the House Ways and Means Committee, suggests the distant relationship between the two houses. "We have a constitutional responsibility to send legislation over there," said Rep. Rangel. "Quite frankly I don't give a damn what they feel."
Adds Wisconsin Rep. David Obey, the chairman of the House Appropriations Committee: "I can tell you when bills will move and you can tell me when the Senate will sell us out."
With 2008 an election year overseen by a lame-duck president, it's unlikely that Congress will be able to break out of its slump.
Sometimes the disputes resemble play-acting. Senate Majority Leader Harry Reid (D., Nev.) has quietly invited House Speaker Nancy Pelosi (D., Cal.) to blame the Senate if it suits her purpose to explain the slow pace of legislation, according to a person close to Sen. Reid.
At the same time, he can use her as his foil to fend off Republican demands in the Senate: "I can't control Speaker Pelosi," he said last week in debate on an energy bill. "She is a strong independent woman. She runs the House with an iron hand."
Still, the interchamber differences have real consequences, as seen in the fight over the budget.
Senate Appropriations Committee Chairman Robert Byrd of West Virginia long argued against creating a big package that would combine all the main spending bills. He preferred to confront Mr. Bush with a series of targeted individual bills where he could gain some Republican support and maintain leverage over the president. But Mr. Byrd was undercut by his leadership's failure to allow more time for debate on the Senate floor. After Labor Day, the House began pressing for a single large package.
The $522 billion proposed bill ultimately emerged from weeks of talks that included moderate Republicans. The bill cut $10.6 billion from earlier spending proposals, moving closer to Mr. Bush, while giving him new money he wanted for the State Department as well as a border-security initiative.
No new money was provided specifically for Iraq but the bill gives the Pentagon an additional $31 billion for the war in Afghanistan and body armor for troops in the field. The goal was to provide enough money for Army accounts so its funding would be adequate into April, when a fuller debate could be held on the U.S.'s plans in Iraq.
For Senate Democrats and Mr. Byrd, the effort was a gamble that a moderate center could be found to stand up to Mr. Bush. The more combative Mr. Obey, the House appropriations chairman, was never persuaded this could happen.
After the White House announced its opposition over the weekend, Mr. Obey said Monday that the budget proposal was dead unless changes were made. The effect was to divide Democrats again, instead of putting up a united front against the White House's resistance.
Mr. Obey suggested that lawmakers should be willing to strip out home-state projects, acceding to Mr. Bush's tight line on spending, if that's what it took to make a tough stand on Iraq.
"I am perfectly willing to lose every dollar on the domestic side of the ledger in order to avoid giving them money for the war without conditions," Mr. Obey said. His suggestion met strong resistance from Senate Democrats. At a party luncheon, senators were almost comic in their anger, said one colleague who was present, loudly complaining of being reduced to being "puppets" or "slaves."
On the Senate floor yesterday, Texas Republican Sen. John Cornyn said Democrats were showing signs of "attention deficit disorder." Senate Minority Leader Mitch McConnell, a Kentucky Republican, accused the new majority of being more interested in "finger pointing" and "headlines" than legislation. "It won't get bills signed into law," he said.
While Ms. Pelosi had personally supported Mr. Obey's approach, she instructed the House committee to preserve the projects as it began a second round of spending reductions yesterday, cutting an additional $6.9 billion from the $522 billion package.
The Senate committee's Democratic staff joined in the discussions by evening, but the White House denied reports that a deal had been reached at a spending ceiling above the president's initial request.
If agreement is not reached by the end of next week, lawmakers may have to resort again to a yearlong funding resolution that effectively freezes most agencies at their current levels. This would be a repeat of the collapse of the budget process last year under Republican rule -- not the "new direction" Democrats had hoped for.
Tied in Knots
The House and Senate are struggling to complete several matters before they head home this month.
Appropriations: Only the Pentagon budget is in place for the new fiscal year that began Oct. 1. The House and Senate are struggling to finish a bill covering the rest of the government.
Farm bill: The Senate still hopes to complete its version of a farm bill but negotiations with the House will wait until next year.
AMT relief: The House and Senate have passed legislation limiting the alternative minimum tax's hit on millions of middle-class taxpayers. But they differ about whether to offset the lost revenue.
Medicare: Doctors are set to see a cut in Medicare payments in 2008, which lawmakers want to prevent. The House acted, but Senate hasn't yet.
Housing: Several bills addressing the housing crisis have passed the House but are languishing in the Senate.
WASHINGTON -- Democrats took control of Congress last January promising a "new direction." A year later, the image that haunts them most is one symbolizing no direction at all: gridlock.
Unfinished work is piling up -- legislation to aid borrowers affected by the housing mess, rescue millions of middle-class families from a big tax increase and put stricter gas-mileage limits on the auto industry. Two months into the new fiscal year, Democrats are still scrambling just to keep the government open.
President Bush and Republicans are contributing to the impasse, but there's another factor: Intraparty squabbling between House Democrats and Senate Democrats is sometimes almost as fierce as the partisan battling.
A fracas between Democrats this week over a proposed $522 billion spending package is the latest example. The spending would keep the government running through the current fiscal year, which ends Sept. 30, 2008, but it has opened party divisions over funding the Iraq war and lawmakers' home-state projects.
After enjoying an early rise, Congress's approval ratings have fallen since the spring amid the rancor. In the latest Wall Street Journal/NBC poll, just 19% of respondents said they approved of the job Congress is doing, while 68% disapproved.
Democrats are hoping to get a boost by enacting the tougher auto- mileage standards before Christmas, but other matters, such as a farm bill to continue government price supports, are likely to wait for the new year.
Republicans suffered from the same House-Senate tensions in their 12 years of rule in Congress. But the situation is more acute now for Democrats, who must cope with both Mr. Bush's vetoes and the narrowest of margins in the Senate, leaving them vulnerable to Republican filibusters.
Democrats in the House interpret the 2006 elections as a mandate for change. They are more antiwar and more willing to shed old ways -- such as "earmarks" for legislators' pet projects -- to confront the White House. Senate Democrats, by comparison, remain more tied to tradition and institutional rules that demand consensus before taking action.
"The Senate and House are out of phase with one another," says Rep. Barney Frank, chairman of the House Financial Services Committee. "There was a big change last year, a big change that affected the whole House and one-third of the Senate. That's the fundamental disconnect."
Rather than move to the center after 2006, President Bush has moved right to shore up his conservative base. He has also adopted a confrontational veto strategy calculated to disrupt the new Congress and reduce its effectiveness in challenging him on Iraq.
Just yesterday, the president issued his second veto of Democrat- backed legislation to expand government-provided health insurance for the children of working-class families. In his first six years as president, Mr. Bush issued only one veto. Since Democrats took over Congress, he has issued six vetoes, and threats of more hang over the budget talks now.
For Democrats, teamwork is vital to challenging the president, and it's not always forthcoming. A comment by Charles Rangel, a New York Democrat who is chairman of the House Ways and Means Committee, suggests the distant relationship between the two houses. "We have a constitutional responsibility to send legislation over there," said Rep. Rangel. "Quite frankly I don't give a damn what they feel."
Adds Wisconsin Rep. David Obey, the chairman of the House Appropriations Committee: "I can tell you when bills will move and you can tell me when the Senate will sell us out."
With 2008 an election year overseen by a lame-duck president, it's unlikely that Congress will be able to break out of its slump.
Sometimes the disputes resemble play-acting. Senate Majority Leader Harry Reid (D., Nev.) has quietly invited House Speaker Nancy Pelosi (D., Cal.) to blame the Senate if it suits her purpose to explain the slow pace of legislation, according to a person close to Sen. Reid.
At the same time, he can use her as his foil to fend off Republican demands in the Senate: "I can't control Speaker Pelosi," he said last week in debate on an energy bill. "She is a strong independent woman. She runs the House with an iron hand."
Still, the interchamber differences have real consequences, as seen in the fight over the budget.
Senate Appropriations Committee Chairman Robert Byrd of West Virginia long argued against creating a big package that would combine all the main spending bills. He preferred to confront Mr. Bush with a series of targeted individual bills where he could gain some Republican support and maintain leverage over the president. But Mr. Byrd was undercut by his leadership's failure to allow more time for debate on the Senate floor. After Labor Day, the House began pressing for a single large package.
The $522 billion proposed bill ultimately emerged from weeks of talks that included moderate Republicans. The bill cut $10.6 billion from earlier spending proposals, moving closer to Mr. Bush, while giving him new money he wanted for the State Department as well as a border-security initiative.
No new money was provided specifically for Iraq but the bill gives the Pentagon an additional $31 billion for the war in Afghanistan and body armor for troops in the field. The goal was to provide enough money for Army accounts so its funding would be adequate into April, when a fuller debate could be held on the U.S.'s plans in Iraq.
For Senate Democrats and Mr. Byrd, the effort was a gamble that a moderate center could be found to stand up to Mr. Bush. The more combative Mr. Obey, the House appropriations chairman, was never persuaded this could happen.
After the White House announced its opposition over the weekend, Mr. Obey said Monday that the budget proposal was dead unless changes were made. The effect was to divide Democrats again, instead of putting up a united front against the White House's resistance.
Mr. Obey suggested that lawmakers should be willing to strip out home-state projects, acceding to Mr. Bush's tight line on spending, if that's what it took to make a tough stand on Iraq.
"I am perfectly willing to lose every dollar on the domestic side of the ledger in order to avoid giving them money for the war without conditions," Mr. Obey said. His suggestion met strong resistance from Senate Democrats. At a party luncheon, senators were almost comic in their anger, said one colleague who was present, loudly complaining of being reduced to being "puppets" or "slaves."
On the Senate floor yesterday, Texas Republican Sen. John Cornyn said Democrats were showing signs of "attention deficit disorder." Senate Minority Leader Mitch McConnell, a Kentucky Republican, accused the new majority of being more interested in "finger pointing" and "headlines" than legislation. "It won't get bills signed into law," he said.
While Ms. Pelosi had personally supported Mr. Obey's approach, she instructed the House committee to preserve the projects as it began a second round of spending reductions yesterday, cutting an additional $6.9 billion from the $522 billion package.
The Senate committee's Democratic staff joined in the discussions by evening, but the White House denied reports that a deal had been reached at a spending ceiling above the president's initial request.
If agreement is not reached by the end of next week, lawmakers may have to resort again to a yearlong funding resolution that effectively freezes most agencies at their current levels. This would be a repeat of the collapse of the budget process last year under Republican rule -- not the "new direction" Democrats had hoped for.
Tied in Knots
The House and Senate are struggling to complete several matters before they head home this month.
Appropriations: Only the Pentagon budget is in place for the new fiscal year that began Oct. 1. The House and Senate are struggling to finish a bill covering the rest of the government.
Farm bill: The Senate still hopes to complete its version of a farm bill but negotiations with the House will wait until next year.
AMT relief: The House and Senate have passed legislation limiting the alternative minimum tax's hit on millions of middle-class taxpayers. But they differ about whether to offset the lost revenue.
Medicare: Doctors are set to see a cut in Medicare payments in 2008, which lawmakers want to prevent. The House acted, but Senate hasn't yet.
Housing: Several bills addressing the housing crisis have passed the House but are languishing in the Senate.
more...
EndlessWait
10-18 11:26 AM
it could be they found out ? i hope u sent ur pictures ..so it cant be that
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saravanaraj.sathya
07-30 03:06 PM
Guys,
I am planning to use AC21 for 180 days. Please reply to this poll so that we can find out how many of us will take advantage of this situation.
I am planning to use AC21 for 180 days. Please reply to this poll so that we can find out how many of us will take advantage of this situation.
more...
Blog Feeds
05-06 08:30 AM
Law.com reports that the American Bar Association is being pressured to move a conference in Phoenix scheduled for next week after its co-sponsor for the event, the National Legal Aid & Defender Association, announced it was pulling out of the event. Other groups that planned to send representatives, like the City Bar Justice Center in New York, called for the conference location to be moved. A number of speakers at the event have also announced they will not attend. Law.com also reports that Alpha Phi Alpha, the national black fraternity, announced plans to move its annual conference in July from...
More... (http://blogs.ilw.com/gregsiskind/2010/05/more-conferences-weighing-arizona-boycott.html)
More... (http://blogs.ilw.com/gregsiskind/2010/05/more-conferences-weighing-arizona-boycott.html)
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gsarkar
02-18 07:27 AM
Dear members,
I am working in India. I have an L1 petition which is valid from sep 2004 through sep 2007 from my company. When I went for visa stamping in 2004 the visa officer gave me a visa valid from sep 2004 through Nov 2005. This meant that I could enter US only in the first year of my petition but continue to stay legally in US on an I-94 through Sep 2007. As of today, I may have to leave for US in March 2007 on this L1 and my question is that if I go for a renewal at the US consulate will they renew my visa for a petition that will expire in Sep 2007. Considering that there are only 7 valid months left on the petition.
Thanks a lot.
I am working in India. I have an L1 petition which is valid from sep 2004 through sep 2007 from my company. When I went for visa stamping in 2004 the visa officer gave me a visa valid from sep 2004 through Nov 2005. This meant that I could enter US only in the first year of my petition but continue to stay legally in US on an I-94 through Sep 2007. As of today, I may have to leave for US in March 2007 on this L1 and my question is that if I go for a renewal at the US consulate will they renew my visa for a petition that will expire in Sep 2007. Considering that there are only 7 valid months left on the petition.
Thanks a lot.
more...
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mzafar125
10-04 02:49 PM
Folks,
I know this may be a little of topic but just bear with me. I am simply looking at alternatives in case the GC does not pull through. Does any one over here have any experiences living and working in the Middle east ? I just read an article about Saudi Arabia's economy dealing with record unemployment. They are in the process of taking jobs away from foreigners and giving it to the locals.
Where do we go to look for jobs in the Middle east. Any advice on this topic would be greatly appreciated. I'm praying my GC does finally pull through.
Thanks!
I know this may be a little of topic but just bear with me. I am simply looking at alternatives in case the GC does not pull through. Does any one over here have any experiences living and working in the Middle east ? I just read an article about Saudi Arabia's economy dealing with record unemployment. They are in the process of taking jobs away from foreigners and giving it to the locals.
Where do we go to look for jobs in the Middle east. Any advice on this topic would be greatly appreciated. I'm praying my GC does finally pull through.
Thanks!
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upuaut8
06-04 01:08 AM
I've seen it done, but ****ed if I know how.
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gps001
07-21 12:02 PM
Hi,
I entered US on AP but haven't used EAD (Using H1-B, which expires in the next few months). I am renewing both AP and EAD and have these questions.
-----------
For: I-131 (AP)
3. CLASS OF ADMISSION
???
-------------------
For I-765 (EAD)
14. Manner of Last entry (Visitor, Student, etc)
15. Current Immigration Status (Visitor, Student, etc)
-----------------
Thanks.
I entered US on AP but haven't used EAD (Using H1-B, which expires in the next few months). I am renewing both AP and EAD and have these questions.
-----------
For: I-131 (AP)
3. CLASS OF ADMISSION
???
-------------------
For I-765 (EAD)
14. Manner of Last entry (Visitor, Student, etc)
15. Current Immigration Status (Visitor, Student, etc)
-----------------
Thanks.
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jest_1
09-23 09:26 PM
I had filed for Advance Parole renewal for me and my wife in July since our APs were expiring in mid October. I got the renewed Advance Parole last week with the expiry date as Oct 2011. My wife got hers today but instead of October, it has the start date of Aug 2010 and expires on Aug 2011. I don't know why the USCIS handled it in this way. She has lost 2 months. The Advance Parole extension was paper filed at the Texas Service Center. Can anyone tell me how I can get this rectified, if at all it is possible.
more...
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prince_waiting
09-07 11:28 PM
My biometrics appointment is scheduled at ATL ASC on the 19th of this month which is a Saturday. Has anyone on this forum visited ATL ASC for any work on a Saturday? Should I call up the USCIS customer service to reschedule my appointment? Or, do I need to be happily surprised to see my the USCIS working hard for me even on a weekend? ( The later part sounds like a 'Bizzaro World' from Seinfeld )
Maybe they are going to advance the dates in the next visa bulletin to Jan 2006. Well something to think about for the number crunchers and the PD forecasters on this forum.
Maybe they are going to advance the dates in the next visa bulletin to Jan 2006. Well something to think about for the number crunchers and the PD forecasters on this forum.
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nam_koh
05-23 11:14 AM
I am on H1 visa and I have a sister with citizenship.
I am wondering if I can file i-130 (family based immigration) now and file Employment based immigration later?
Is it OK to file 2 green cards applications? which one will take place then?
I am wondering if I can file i-130 (family based immigration) now and file Employment based immigration later?
Is it OK to file 2 green cards applications? which one will take place then?
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Saikrishna
11-27 08:09 AM
Please provide me ASAP.
Thanks.
Thanks.
Bogdan
07-03 07:06 PM
Hi,
Based on what I know, the medical exam has to be less than 1 year old on the date of I-485 application submission. However, I have seen different opinions on this forum. Some state that the exam date cannot be more than 30 days before I-485 submission, because the HIV test and syphyllis test (sorry if not typed correctly) are valid for 30 days only. Could anyone clarify this, please?
Thanks in advance.
Bogdan
Based on what I know, the medical exam has to be less than 1 year old on the date of I-485 application submission. However, I have seen different opinions on this forum. Some state that the exam date cannot be more than 30 days before I-485 submission, because the HIV test and syphyllis test (sorry if not typed correctly) are valid for 30 days only. Could anyone clarify this, please?
Thanks in advance.
Bogdan
ss12345
07-18 03:33 AM
Hello,
I am on H4 currently in US:
1) If I start working next month in india, is it advisable to go immly for H4 stamping? Any chances it can get rejected?
2) If I plan to go back to school for Fall 2010, what are the chances of getting F1 stamping later on ?
3) Does it matter if I wait till I get admit or reject (which maybe 6 mo's from now) then go for H4 or F1 stamping?
Thanks in advance for your expert guidance!
I am on H4 currently in US:
1) If I start working next month in india, is it advisable to go immly for H4 stamping? Any chances it can get rejected?
2) If I plan to go back to school for Fall 2010, what are the chances of getting F1 stamping later on ?
3) Does it matter if I wait till I get admit or reject (which maybe 6 mo's from now) then go for H4 or F1 stamping?
Thanks in advance for your expert guidance!
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