desi3933
03-24 08:51 AM
Hi,
I've been in US for over a year on my L1b Visa. Last year i applied for my H1B visa and got through in the loottery. My Visa became effective Oct08. I still have net left my L1 company and nor have got my H1B Visa stamped. Its been 6 months since the VISA is effective. What should I do now, Im not getting jobs outside and also the L1 company is more secure from the job perspective. Should I just revoke my H1B or is it ok to live in the US like this?
Thanks
Leave US asap and re-enter using L1 visa stamp to get back into L1 status.
___________________
Not a legal advice.
I've been in US for over a year on my L1b Visa. Last year i applied for my H1B visa and got through in the loottery. My Visa became effective Oct08. I still have net left my L1 company and nor have got my H1B Visa stamped. Its been 6 months since the VISA is effective. What should I do now, Im not getting jobs outside and also the L1 company is more secure from the job perspective. Should I just revoke my H1B or is it ok to live in the US like this?
Thanks
Leave US asap and re-enter using L1 visa stamp to get back into L1 status.
___________________
Not a legal advice.
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plassey
08-06 09:57 AM
Sorry, this forum is not for family based immigrant only employment based..But don't worry you are fine. Issues like this are better handled by a lawyer.
Hello everyone,new to the forum
Anyway,filed i-485 in 1997 and was interview 1999 and stamp in passport adjustment status pending,b;cos of past immigration issues.Then i did recieve letter that my family petition was accepted then two weeks recieved another letter stated my application was denial due to my past issues so i had to leave the country and reapply. My lawyer said she had to file a motion,did charge alot of money.Did not hear anything till i went there to check my status and the officer told me i was in the process of deportation,so she gave me the date.So i went to my lawyer to check if she knew anything and she said your case is pending,so i ask her if she can call and check whereby she did and find out i was in the processes of deportation,now she told she need more money and if i do not pay that amount she can not go the court with me,so i did offer some amount and she refuse.
So i went to the immigration court and i did win the case,and now she find out that i did win the case so trying to be my attorney.
I do need to file for Ead because my old one was revorke,do i have to file for another i-485 or not?Another thing my lawyer had my file how do i track my old receipt number.Can someone please help me, i do have the original judgement from the immigration court
Hello everyone,new to the forum
Anyway,filed i-485 in 1997 and was interview 1999 and stamp in passport adjustment status pending,b;cos of past immigration issues.Then i did recieve letter that my family petition was accepted then two weeks recieved another letter stated my application was denial due to my past issues so i had to leave the country and reapply. My lawyer said she had to file a motion,did charge alot of money.Did not hear anything till i went there to check my status and the officer told me i was in the process of deportation,so she gave me the date.So i went to my lawyer to check if she knew anything and she said your case is pending,so i ask her if she can call and check whereby she did and find out i was in the processes of deportation,now she told she need more money and if i do not pay that amount she can not go the court with me,so i did offer some amount and she refuse.
So i went to the immigration court and i did win the case,and now she find out that i did win the case so trying to be my attorney.
I do need to file for Ead because my old one was revorke,do i have to file for another i-485 or not?Another thing my lawyer had my file how do i track my old receipt number.Can someone please help me, i do have the original judgement from the immigration court
waitingimmigrant
10-21 05:12 PM
thanks sandy and everybody... GCOP thanks for finding that info...
hope they look at it and take it forward anytime between now
and early/mid december... good luck all ....
hope they look at it and take it forward anytime between now
and early/mid december... good luck all ....
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number30
03-23 07:51 PM
Hello,
My first H1-B visa expires in September 2009. I was going to have my company file for extension exactly 6 months before the expiry date until I found out I cannot travel out of the U.S. while my extension application is pending. I have a trip planned in July.
My company attorney recommended that I put off submitting the extension, go on my trip and apply as soon as I get back.
Is there any risk associated with doing this? Or is it better to apply as soon as I can at the 6 month mark?
Thank you,
Team
No Risk involved. You can do a premium processing if required.
My first H1-B visa expires in September 2009. I was going to have my company file for extension exactly 6 months before the expiry date until I found out I cannot travel out of the U.S. while my extension application is pending. I have a trip planned in July.
My company attorney recommended that I put off submitting the extension, go on my trip and apply as soon as I get back.
Is there any risk associated with doing this? Or is it better to apply as soon as I can at the 6 month mark?
Thank you,
Team
No Risk involved. You can do a premium processing if required.
more...
waitin_toolong
09-17 10:52 AM
I dont understand your first question, what do yo mean be switch to company A using EAD as well as on H1 for B.
you cannot use both H1 or EAD at the same time.
If company A is dying then it might be better to switch with the understanding that I-140 will not be revoked but if an RFE arises then someone will be able to provide docs etc.
As for H1 renewal you cannot pay yourself maybe an equivalent reduction in salary might work
you cannot use both H1 or EAD at the same time.
If company A is dying then it might be better to switch with the understanding that I-140 will not be revoked but if an RFE arises then someone will be able to provide docs etc.
As for H1 renewal you cannot pay yourself maybe an equivalent reduction in salary might work
gauravster
05-06 12:10 PM
While we are discussing this, I have another question. What if someone moves to a different company with similar role. I get it that the new employer will have to file for PERM and I-140, but is there something that can be done so that priority date is ported, assuming the previous I-140 has been approved when the shift happened and there is still more than 1 year left on H1B (either because < 6 years or because of 3 yr extensions after I-140 has been applied).
Thanks,
Gaurav
Thanks,
Gaurav
more...
forgerator
06-14 04:55 PM
What the article author is really wanting to say is "Hey I made it to the US and became citizen, don't try to follow my path because then you will make competition for me and my friends :) "
Typical case of discouraging others to follow your path because you cannot bear to see them succeed.
Typical case of discouraging others to follow your path because you cannot bear to see them succeed.
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bp333
10-29 03:38 PM
Thanks much for all your suggestions..i will inform lawyer about this.,
Hi PDCOT05,
You should be OK, I am aware of same situation and they accepted the refiling.
Mine was reject due to "missing or incorrect fee" refiled on Oct 12, waiting. Strange part is we dont have any evidence of the original check. That makes it complicated..
Hi PDCOT05,
You should be OK, I am aware of same situation and they accepted the refiling.
Mine was reject due to "missing or incorrect fee" refiled on Oct 12, waiting. Strange part is we dont have any evidence of the original check. That makes it complicated..
more...
subarashi_indo
11-30 08:32 AM
I have a passport expiry and new visa stamping conflict. My last visa stamping expired on Oct 01, 2009. And my current (Indian)passport expiration date is July 04, 2011. Also, my H1b approval is under the transfer process (so I don't have the new I-797 as yet). I'm planning to travel to India sometime in January, expecting the new H1b approval soon now.
Should i get my passport renewed here before leaving for India ? I'm worried if they will give me a new passport valid only for a year as a note on the website says "A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. There is no fee for extension of validity of passport."
Since my last visa stamping has expired and I will soon have a new H1B, if i go for a new visa stamping, will I be given a visa with validity until my passport expiry ? Or, I can get my passport renewed in India and then go for the stamping? I'm afraid I may not have enough days to squeeze in both when I visit. Or, if i get my passport renewed here, are they going to give me a new passport only valid for a year since I don't have any valid visa stamping but a valid I797?
Please advise.
Thank you.
Should i get my passport renewed here before leaving for India ? I'm worried if they will give me a new passport valid only for a year as a note on the website says "A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. There is no fee for extension of validity of passport."
Since my last visa stamping has expired and I will soon have a new H1B, if i go for a new visa stamping, will I be given a visa with validity until my passport expiry ? Or, I can get my passport renewed in India and then go for the stamping? I'm afraid I may not have enough days to squeeze in both when I visit. Or, if i get my passport renewed here, are they going to give me a new passport only valid for a year since I don't have any valid visa stamping but a valid I797?
Please advise.
Thank you.
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immm
08-10 02:04 PM
http://www.forbes.com/feeds/ap/2007/08/10/ap4009032.html
Associated Press
U.S. Seeks to Curb Illegal ImmigrationBy SUZANNE GAMBOA 08.10.07, 1:34 PM ET
WASHINGTON - A crackdown on illegal immigration will have to go forward without help from Congress, the Bush administration said Friday, asserting that an executive-branch-only approach is better than doing nothing.
Two Cabinet secretaries - Homeland Security's Michael Chertoff and Commerce's Carlos Gutierrez - said they had hoped to have new tools to combat illegal immigration before moving further to cope with the problem. But Congress could not agree on comprehensive legislation.
The officials said they'll rely instead on tools already in their arsenal, some of which are already under way, including a plan to administratively sanction employers who hire illegal immigrants.
At a joint news conference, Chertoff and Gutierrez put the onus on Congress for any consequences that may be suffered by employers as a result of the stepped-up enforcement effort.
"Our hope is that key elements of the Senate bill will see the light of day someday, but until Congress chooses to act we are going to be taking some energetic steps of our own," Chertoff said. The steps will "significantly strengthen our hand with respect to immigration enforcement."
The White House emphasized that its package of enforcement changes was all it could do under existing law - the same law that President Bush has repeatedly called unacceptable.
"Although the Congress has not addressed our broken immigration system by passing comprehensive reform legislation, my administration will continue to take every possible step to build upon the progress already made," Bush said as the changes were announced.
Presidential spokeswoman Dana Perino said Bush has used his executive authority in the past to improve immigration enforcement, such as by strengthening border enforcement. She was pressed on why - if the new changes were such a good idea - Bush hadn't made them already.
Perino, talking to reporters at the Kennebunkport, Maine, seaside home of Bush's father, George H.W. Bush, said the president held off on sweeping administrative action while pushing Congress to pass better legislation to address the matter. With that effort now sidelined, she said "We're going as far as we possibly can without Congress acting."
The administration rolled out a proposed rule that will require employers to fire employees unable to clear up problems with their Social Security numbers 90 days after they've been notified of such discrepancies in so-called "no match letters." Employers who fail to comply will face possible criminal fines and sanctions.
"This regulation lays out a clear pattern for doing the right thing which will afford protection for employers," Chertoff said. The new rule will be effective in 30 days.
Recognizing that the crackdown could hurt some industries - particularly agriculture, where more than half of workers are believed to be undocumented - Gutierrez said the Labor Department will try to make existing temporary seasonal agriculture worker and non-agriculture worker programs easier to use and more efficient.
In addition, Chertoff said he will try to use the department's regulatory authority to raise fines on employers by about 25 percent. Current fines are so modest that some companies consider them a cost of doing business, the agency said in a summary of the new enforcement effort.
The administration also wants to expand the list of international gangs whose members are automatically denied admission to the U.S., reduce processing times for immigrant background checks, and install by the end of the year an exit system so the departure of foreigners from the country can be recorded at airports and seaports.
The Homeland Security Department will ask states to voluntarily share their driver's license photos and records with the agency for use in an employment verification system. The sharing is meant to help employers detect fraudulent licenses.
Some of the initiatives are similar to proposals contained in the recent immigration measure which failed to pass in the Senate, though they are not nearly as sweeping.
....
....
....
He said the billions of dollars that Congress added for immigration enforcement and the administration's "enhanced commitment" on immigration enforcement will secure borders.
But Sen. Chuck Grassley, ranking Republican on the Senate Finance Committee, said the administration "can talk until they're blue in the face" but "I won't be happy until I see action that's more than just a press conference and words on a piece of paper."
The Senate legislation was opposed by many conservatives who complained that people don't trust their government to start new immigration programs since existing immigration laws are not enforced.
....
....
....
Some lawmakers have kept up efforts to tighten the border. Last month, the Senate added $3 billion to a homeland security bill and devoted the money to U.S.-Mexico border security.
Copyright 2007 Associated Press. All rights reserved. This material may not be published broadcast, rewritten, or redistributed
Associated Press
U.S. Seeks to Curb Illegal ImmigrationBy SUZANNE GAMBOA 08.10.07, 1:34 PM ET
WASHINGTON - A crackdown on illegal immigration will have to go forward without help from Congress, the Bush administration said Friday, asserting that an executive-branch-only approach is better than doing nothing.
Two Cabinet secretaries - Homeland Security's Michael Chertoff and Commerce's Carlos Gutierrez - said they had hoped to have new tools to combat illegal immigration before moving further to cope with the problem. But Congress could not agree on comprehensive legislation.
The officials said they'll rely instead on tools already in their arsenal, some of which are already under way, including a plan to administratively sanction employers who hire illegal immigrants.
At a joint news conference, Chertoff and Gutierrez put the onus on Congress for any consequences that may be suffered by employers as a result of the stepped-up enforcement effort.
"Our hope is that key elements of the Senate bill will see the light of day someday, but until Congress chooses to act we are going to be taking some energetic steps of our own," Chertoff said. The steps will "significantly strengthen our hand with respect to immigration enforcement."
The White House emphasized that its package of enforcement changes was all it could do under existing law - the same law that President Bush has repeatedly called unacceptable.
"Although the Congress has not addressed our broken immigration system by passing comprehensive reform legislation, my administration will continue to take every possible step to build upon the progress already made," Bush said as the changes were announced.
Presidential spokeswoman Dana Perino said Bush has used his executive authority in the past to improve immigration enforcement, such as by strengthening border enforcement. She was pressed on why - if the new changes were such a good idea - Bush hadn't made them already.
Perino, talking to reporters at the Kennebunkport, Maine, seaside home of Bush's father, George H.W. Bush, said the president held off on sweeping administrative action while pushing Congress to pass better legislation to address the matter. With that effort now sidelined, she said "We're going as far as we possibly can without Congress acting."
The administration rolled out a proposed rule that will require employers to fire employees unable to clear up problems with their Social Security numbers 90 days after they've been notified of such discrepancies in so-called "no match letters." Employers who fail to comply will face possible criminal fines and sanctions.
"This regulation lays out a clear pattern for doing the right thing which will afford protection for employers," Chertoff said. The new rule will be effective in 30 days.
Recognizing that the crackdown could hurt some industries - particularly agriculture, where more than half of workers are believed to be undocumented - Gutierrez said the Labor Department will try to make existing temporary seasonal agriculture worker and non-agriculture worker programs easier to use and more efficient.
In addition, Chertoff said he will try to use the department's regulatory authority to raise fines on employers by about 25 percent. Current fines are so modest that some companies consider them a cost of doing business, the agency said in a summary of the new enforcement effort.
The administration also wants to expand the list of international gangs whose members are automatically denied admission to the U.S., reduce processing times for immigrant background checks, and install by the end of the year an exit system so the departure of foreigners from the country can be recorded at airports and seaports.
The Homeland Security Department will ask states to voluntarily share their driver's license photos and records with the agency for use in an employment verification system. The sharing is meant to help employers detect fraudulent licenses.
Some of the initiatives are similar to proposals contained in the recent immigration measure which failed to pass in the Senate, though they are not nearly as sweeping.
....
....
....
He said the billions of dollars that Congress added for immigration enforcement and the administration's "enhanced commitment" on immigration enforcement will secure borders.
But Sen. Chuck Grassley, ranking Republican on the Senate Finance Committee, said the administration "can talk until they're blue in the face" but "I won't be happy until I see action that's more than just a press conference and words on a piece of paper."
The Senate legislation was opposed by many conservatives who complained that people don't trust their government to start new immigration programs since existing immigration laws are not enforced.
....
....
....
Some lawmakers have kept up efforts to tighten the border. Last month, the Senate added $3 billion to a homeland security bill and devoted the money to U.S.-Mexico border security.
Copyright 2007 Associated Press. All rights reserved. This material may not be published broadcast, rewritten, or redistributed
more...
kk_2000
11-06 08:54 PM
Hi,
We are in a critical situation. My wife's AP was approved on 10/18 and the current status is "Document Mailed on 11/05". It also says "You should receive the document within 30 days".
Our flight to India is on 11/15 and we are wondering typically how long it takes for us to receive the physical paper after the status changed to "Document Mailed".
Can you please share your experience?
Thanks,
KK
We are in a critical situation. My wife's AP was approved on 10/18 and the current status is "Document Mailed on 11/05". It also says "You should receive the document within 30 days".
Our flight to India is on 11/15 and we are wondering typically how long it takes for us to receive the physical paper after the status changed to "Document Mailed".
Can you please share your experience?
Thanks,
KK
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calgirl
09-16 01:24 PM
NC initiates a litte after 485 is filed..
Fingerprinting hs nothing to do with NC.
MY FP was done in June 2008.
485 filed July 2007.
NC initiated Sept 2007.
I am thinking that USCIS will initiate name check proess only after we give fingerprints. Is this true?
Fingerprinting hs nothing to do with NC.
MY FP was done in June 2008.
485 filed July 2007.
NC initiated Sept 2007.
I am thinking that USCIS will initiate name check proess only after we give fingerprints. Is this true?
more...
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gcnirvana
05-02 05:59 PM
Also, Core Team might be travelling a lot to DC and other places this month. So it might help if you could donate your airline and/or hotel miles, that you may have.
I can transfer some of my Marriott / Hilton points that I have to the Core Team members.
Please let me know. Thanks!
I can transfer some of my Marriott / Hilton points that I have to the Core Team members.
Please let me know. Thanks!
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lvinaykumar
07-24 05:31 PM
I Contribute to IV and selected a wrong choice oppps
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mashu
06-01 02:48 PM
Hi People,
I getting even more confused:mad:
My status - AOS, H1B expired, staying on EAD.
Ap is valid until the middle of November 2008.
I have to travel abroad end re-enter more than 2 times from now to the AP expiry date
..
USCIS sent me 2 exact copies of AP - is that mean that only one stamp per each re-entry implying that I may travel out of country only twice until AP exparation end re-enter twice only???
Or there allowed more than one stamp on AP paper - using one AP per multiple entries??
Sorry, I am confused :confused:
I getting even more confused:mad:
My status - AOS, H1B expired, staying on EAD.
Ap is valid until the middle of November 2008.
I have to travel abroad end re-enter more than 2 times from now to the AP expiry date
..
USCIS sent me 2 exact copies of AP - is that mean that only one stamp per each re-entry implying that I may travel out of country only twice until AP exparation end re-enter twice only???
Or there allowed more than one stamp on AP paper - using one AP per multiple entries??
Sorry, I am confused :confused:
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hibworker
03-17 12:15 PM
Any recent experiences please.
How easy or difficult is it.
Is it any different in Chennai or in Hyd.
I heard different things like some employer memo or something. Is it related to stamping.
If it is, please share your receent stamping experiences.
Is Canada better.,
Thank you
Bobby.
If your documents are in order then there is really no need to worry. The employer memo you are talking about is about employer - employee relationship. If a worker on H1 visa is working at a client site where his / her employer do not directly control the day to day activity then that person will be denied H1.
In plain terms if you are on staff augmentation project and report to a client manager who controls your day to day assignment and your H1 employer only runs your payroll then there will be issues when you go for stamping with a possibility of your visa getting denied.
How easy or difficult is it.
Is it any different in Chennai or in Hyd.
I heard different things like some employer memo or something. Is it related to stamping.
If it is, please share your receent stamping experiences.
Is Canada better.,
Thank you
Bobby.
If your documents are in order then there is really no need to worry. The employer memo you are talking about is about employer - employee relationship. If a worker on H1 visa is working at a client site where his / her employer do not directly control the day to day activity then that person will be denied H1.
In plain terms if you are on staff augmentation project and report to a client manager who controls your day to day assignment and your H1 employer only runs your payroll then there will be issues when you go for stamping with a possibility of your visa getting denied.
more...
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howzatt
07-18 10:56 AM
Granted, its nto the best way. Now, can you suggest a way pls ? What is generally recommended ?
Can you pls help 'convince' people to contribute...
one suggestion, make it a paid site. Even a minimum of 5$ a month would add quite a bit to the revenues. Even if we assume only 5000 people will sign up, it is still a decent chunk of money. I am not sure if this goes against the principles of a non-profit organisation. The way I look at it, people are saving a lot of money by avoiding lawyers fees.
Plus we have people who are willing to donate. How many of these 20,000 people you think are people who people who understand BEC and the long term effect of the surge of applications. It is important to make people understand the effects and the potential problems with retrogression. Let us take a poll for people to see how many of us are just happy to get EAD/AP. We might find some surprising answers!
Can you pls help 'convince' people to contribute...
one suggestion, make it a paid site. Even a minimum of 5$ a month would add quite a bit to the revenues. Even if we assume only 5000 people will sign up, it is still a decent chunk of money. I am not sure if this goes against the principles of a non-profit organisation. The way I look at it, people are saving a lot of money by avoiding lawyers fees.
Plus we have people who are willing to donate. How many of these 20,000 people you think are people who people who understand BEC and the long term effect of the surge of applications. It is important to make people understand the effects and the potential problems with retrogression. Let us take a poll for people to see how many of us are just happy to get EAD/AP. We might find some surprising answers!
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nozerd
02-28 11:56 AM
If retrogression continues Im seriously thinking about retuirning to India in a few yrs once I meet my savings goals. However I have some questions of parents of kids who have been in India/US schooling system.
1) After what grade/standard do you feel that a child born and raised in USA cant integrate into Indian education system. (I was thinking 1st standard).
2) What things can we do at home to prepare child for entry into Indian school system from here. Is Montesorri education most comparable to India Nursery/KG ?
3) Any issues with US born citizen getting admitted to Indian schools (Convent schools - government aided or private). Will it be a competitive disadvantage for US citizens, do they have to pay more fees that Indian nationals ?
Thanks
1) After what grade/standard do you feel that a child born and raised in USA cant integrate into Indian education system. (I was thinking 1st standard).
2) What things can we do at home to prepare child for entry into Indian school system from here. Is Montesorri education most comparable to India Nursery/KG ?
3) Any issues with US born citizen getting admitted to Indian schools (Convent schools - government aided or private). Will it be a competitive disadvantage for US citizens, do they have to pay more fees that Indian nationals ?
Thanks
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GCNaseeb
02-17 12:33 AM
My 180 days have been passed. My Career was stagnated from last 6 years. I joined a consulting company and asked him the same title as my Labor. At the client I am now IT Director. Who cares? for USCIS, I am still a Sys Admin, but in real world, I am IT Director and people are reporting to me. Wow, what a difference this AC21 brings in!
CHHAYA
04-19 10:14 AM
My PD is now current and I'll be filing 5/1
PD 5/03 EB3 ROW
Thank goodness as I was honestly losing all hope after starting my 8th year in the US. Best wishes to big movements for others from India/China etc.
MINE PD IS ALSO 5/03. R U SURE THAT WE CAN FILE NOW? WHAT IS CURRENT PD FOR INDIA NOW?
THANKS
CHHAYA
PD 5/03 EB3 ROW
Thank goodness as I was honestly losing all hope after starting my 8th year in the US. Best wishes to big movements for others from India/China etc.
MINE PD IS ALSO 5/03. R U SURE THAT WE CAN FILE NOW? WHAT IS CURRENT PD FOR INDIA NOW?
THANKS
CHHAYA
nish
10-06 04:24 PM
Hi,
I have approved H1 through consulate processing for the year 2009 and I am currently working on L1 visa which is going to expire on nov 2009.
My company is not going to extend my visa.Is there any speedy process where I can do COS with my approved H1 and how much will it cost to me?
Another thing I want to ask that Is it advisable for going back India for stamping as I heard that US consulate people are rejecting H1 B visa
Please advise
Thanks...
I have approved H1 through consulate processing for the year 2009 and I am currently working on L1 visa which is going to expire on nov 2009.
My company is not going to extend my visa.Is there any speedy process where I can do COS with my approved H1 and how much will it cost to me?
Another thing I want to ask that Is it advisable for going back India for stamping as I heard that US consulate people are rejecting H1 B visa
Please advise
Thanks...
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