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  • anai
    07-19 08:03 AM
    If you are sponsoring your spouse, you need to submit an affidavit of support. It is I-134. This forms needs for you to submit bank statements, tax returns etc. with it.


    This is incorrect.

    The easiest way to address such questions is to take a few minutes to read the instructions to the form I-485 (which is available on the USCIS website at http://www.uscis.gov/files/form/i-485.pdf). An affidavit of support is needed in the EB context, only if the applicant's family owns 5% percent or more of the sponsoring employer.

    Sending tax forms, W-2, bank statements, etc. is part of the overdocumentation approach. But note that these are not required.

    This question has been asked and answered many times. So please (a) search the forums before opening new threads and (b) read the instructions to the form.

    Also, if any of the answers on this thread were useful, consider contributing to IV.




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  • astral1977
    07-09 11:21 AM
    smartboy75,

    I-131 form is used for issuing re-entry permits, refugee travel & advance parole documents.

    AOS applicants are issued advance parole document. The biometrics rule is only for those individuals who are issued re-entry & refugee travel documents.

    If in doubt kindly read through the text that you pasted in your message.

    Thanks.


    Source www.immigration-law.com

    07/09/2008: USCIS Biometric Changes For Re-Entry Permits and Refugee Travel Documents 07/08/2008

    USCIS has issued revised instructions for USCIS Form I-131, Application for Travel Document. The instructions include changes effective March 5, 2008 that require applicants for re-entry permits and refugee travel documents to provide biometrics (e.g., fingerprints and photographs) at a USCIS Application Support Center (ASC) for background and security checks and to meet requirements for secure travel and entry documents containing biometric identifiers.
    Q. May an I-131 applicant for a re-entry permit or refugee travel document complete biometrics outside of the United States?
    A. Form I-131 instructions provide guidance for certain persons who are abroad at the time of filing to visit a U.S. Embassy or consulate for fingerprinting, although all applicants are urged to file before leaving the United States. Since certain overseas offices have the discretion to accept and adjudicate applications for refugee travel documents, although it is not mandatory that they do so, an applicant for a refugee travel document may complete biometrics outside of the United States, but is encouraged to wait to travel until his or her biometrics have been collected and the document delivered. As discussed earlier, certain overseas USCIS offices may, in their discretion, adjudicate Form I-131 filed for a refugee travel document (but not re-entry permits), where the applicant has failed to apply while in the U.S. (see 8 C.F.R. � 223.2(b)(2)(ii)). However, applicants for refugee travel documents should not count on the overseas offices necessarily agreeing to adjudicate Form I-131 in all cases, particularly where it is evident that the individual could have applied while in the U.S. and attended his or her biometrics appointment. Applicants for reentry permits should attend their biometric appointment at the designated ASC. If the applicant departs the United States before the biometrics are collected, the application may be denied.
    Q. Will Form I-131 re-entry permit or refugee travel document be denied if the applicant leaves the U.S. after the application has been filed and receipted but before biometrics are completed?
    A. Form I-131 form instructions state, �Departure from the United States before a decision is made on an application for a Re-entry Permit usually does not affect the application. However, where biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied.� Travel is not advisable. If an applicant leaves and comes back, his or her application may be denied while abroad, and he or she may not be able to get back into the country. Even though an overseas USCIS office may, in its discretion, take the biometrics of an applicant for a refugee travel document, there is no guarantee that the office will necessarily exercise its discretion to do so. Therefore, USCIS again urges all I-131 applicants for whom biometrics will be required to file their applications well in advance of their scheduled departure dates. USCIS suggests applicants apply for a travel document at least 60 days prior to the date of travel.


    So if we efile EAD and then 2 months down the line efile AP, do we have to go twice for biometrics ???




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  • qasleuth
    09-17 11:37 AM
    Why even bother?

    Forget worrying about about CNN and Lou Dobbs. They are NOBODY and of no significance for the quest for immigration reform.

    If CNN drops Lou that will not pass CIR or recapture. There are so much Lou Dobbs are there in USA. It is a waste of time.

    Wrong and Wrong.

    Lou is broadcasting his radio show from Federation for American Immigration Reform's "Hold Their Feet to the Fire" legislative advocacy event. No points for guessing what the event is advocating for. Just wait for CNN to drop Lou and Fox embraces him. It will be just in time when CIR comes back on radar.

    If you have been even remotely following the healthcare debate, the fewest (however idiotic or uninformed they are) make the loudest noise, scaring lawmakers. THAT is guaranteed to affect you and I (well not senthil as he already has his GC).

    Lou Dobbs | Media Matters for America (http://mediamatters.org/search/tag/lou_dobbs)

    Here is a good read on the why's/what's

    Timothy Karr: What Beck, Dobbs and Limbaugh Are Really Afraid Of (http://www.huffingtonpost.com/timothy-karr/what-beck-dobbs-and-limba_b_288480.html)




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  • AVAKIL10
    08-03 08:40 AM
    It does look confusing though..Odd.



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  • Berkeleybee
    04-03 04:36 PM
    brb2, Thanks for pointing it out. Actually the figure of 15% makes our case stronger. We will have it changed.

    Seeing as how I and Stuck labor were the ones to put that National Interest Fact sheet together thought I should respond:

    The NAS report is available at http://fermat.nap.edu/catalog/11463.html

    The document is quoting from page ES-8 of the NAS report -- I'm cutting and pasting from the document

    "In Germany, 36% of undergraduates receive their degrees in science and engineering. In China, the
    figure is 59%, and in Japan 66%. In the United States, the corresponding figure is 32%."

    The NAS document end note says "Based on data from Data are from National Science Board. 2004. Science and Engineering Indicators 2004 (NSB 04-01). Arlington, VA: National Science Foundation, Appendix Table 2-33."



    The document you have linked to says

    In South Korea, 38% of all undergraduates receive their degrees in natural science or engineering. In France, the figure is 47%, in China, 50%, and in Singapore 67%. In the United States, the corresponding figure is 15%.27 In South Korea, 38% of all undergraduates receive their degrees in natural science or engineering. In France, the figure is 47%, in China, 50%, and in Singapore 67%. In the United States, the corresponding figure is 15%.

    And the document footnote says
    Analysis conducted by the Association of American Universities. 2006. National Defense Education and Innovation Initiative. Based on data in National Science Board. 2004. Science and Engineering Indicators 2004 (NSB 04-01). Arlington, VA: National Science Foundation. Appendix Table 2-33. For countries with both short and long degrees, the ratios are calculated with both short and long degrees as the numerator.



    So this is pretty odd -- both are based on the same base dataset, and it looks like the second document calculates the % differently. Also not sure why one says "science and engineering" and the other says "natural science and engineering"




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  • DDash
    08-30 01:07 AM
    Doesn't hurt to record conversation though - the most that will happen is that the lawyer will say that it is not admissible in a court of law.

    If the other party came to know that the conversation was recorded, they can counter sue.

    Here is a link for laws surrounding this in each states.

    http://www.rcfp.org/taping/



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  • abhijitp
    01-27 11:47 AM
    ^^




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  • Illuminae
    06-14 02:13 PM
    congratulations Soul!!!! :beam:
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  • basav
    08-04 06:57 PM
    Hi , Thanks again for the reply.

    Related to Point 3 ,reason why im trying to this is to avoid all of us leaving country due to non approval of my COS, I dont have luxury to stay on L1 beyond next 2 months..




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  • glus
    10-09 01:07 PM
    I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:

    1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?

    2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.

    3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?


    I shall be thankful to you to get my answer.



    Thanks & regards,
    SU1979

    This is a complicated situation. Technically you are in "authorized status" stay because your H1 transfer is pending. I don't know what happens if and when USCIS realizes you never worked for company A. I assume, they will grant your H1 transfer but will not extend your period of stay in H1 and you would need to re-enter on a vailid H1. I would suggest contacting a good lawyer regarding this quickly. Once you are out-of-status for 181days you should not file I485 as it would not be approvable.

    As for the second question; if you manage to receive AP and at the time you re-enter the US your I485 is pending, normally you will be able to re-enter without any visas in your passport.

    Third question; yes, If you get married after you get GC, it will take much longer; about 4 years at this time, for her to get a GC. If you marry her before your I485 is approved, you can attach her to your GC and she will receive GC at the same time (approximately) as you do assuming all other conditions are met.

    Speak to attorney regarding item 1 as soon as possible or do H1 premium to see what happens.



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  • Jaime
    08-17 01:01 AM
    The HSMP looks very attractive if you don't know the details. Yes, you get a visa even without a job offer but they give you only one year to find a job. After 1 year in the UK you'd better have a job or you will most likely send you back to your home country (you go through a government review after 1 year). Of course, if you find a good job during that first year you should be OK.

    The pro I see in this is that if you are patient and work for 5 years in the UK you will get your EU passport and yo now have mobility to other parts of Europe where the IT and other industries might be better (like Ireland)




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  • Rakson
    03-03 06:58 PM
    You have added important point for consideration. Thanks!


    I am including response from Rajeev Khanna. I took paid consultation today and paid him $220 for above queries. He is excellent. I would recommend him for all immigration queries...

    A. Can USCIS revoke extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?

    Rajeev >> USCIS can but they have not done this till today ( as per history in Rajeev's database).

    B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?

    Rajeev >> YES, they can. It is recommended to start before start of 7th year but not MUST.

    C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?

    Rajeev >> Yes, its possible if revoke is not due to fraud filing..

    1. What kind of trend is there now a days on PERM labor approval? Lot of queries and rejections ?

    Rajeev >> No, this is not true. USCIS is still approving as before.

    2. Can my new PERM or I-140 be denied for any reason? It was approved for me twice in past.

    Rajeev >> Yes, this could happen as every filing is new and handled from starting.

    3. Can I keep running existing GC without continuing with old company? When should I join them back for safe GC processing? After GC? After EAD? During 485 filing?

    Rajeev >> Ideally after GC you must join but it is recommended to join back during 485 filing.

    4. My wife worked on L2+EAD for 3 years. Is L2+ EAD period counted towards 6 years work visa like (H1 + L1).

    Rajeev >> No, L2+EAD period is not counted like H1 & L1.



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  • rkg000
    04-21 10:09 AM
    Friends,
    I will be relocating to Houston soon. I am new to the area. I would really appreciate if you can give your inputs on good neighborhoods, cost of living, etc.

    Thanks,
    nmdial

    We moved to Houston (Sugar Land) last year from NJ. Liked this place a lot. I liked Sugar Land as anything you need is at stone's throw distance. Didn't contemplate other suburbs as this was the closest to our work place.




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  • Blog Feeds
    09-27 10:50 AM
    VIA USCIS.gov


    Introduction

    U.S. Citizenship and Immigration Services (USCIS) today announced a final rule adjusting fees for immigration applications and petitions. Thefinal rule (http://www.ofr.gov/OFRUpload/OFRData/2010-23725_PI.pdf)follows a period of public comment on a proposed version of the rule, which USCIS published in theFederal Register (http://edocket.access.gpo.gov/2010/pdf/2010-13991.pdf)on June 11, 2010. After encouraging stakeholders to share their input, USCIS considered all 225 comments received. The final rule will increase overall fees by a weighted average of about 10 percent but will not increase the fee for the naturalization application. The rule will also reduce fees for six individual applications and petitions and will expand the availability of fee waivers to new categories. The final rule will be published in the Federal Register September 24, and the adjusted fees will go into effect on November 23, 2010.

    USCIS is a primarily fee-based organization with about 90 percent of its budget coming from fees paid by applicants and petitioners for immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine whether it is recovering its costs to administer the nation�s immigration laws, process applications, and provide the infrastructure needed to support those activities. Remaining funds come from appropriations provided annually by Congress. The final fee rule concludes a comprehensive fee review begun in 2009.

    USCIS�s Fee-based Budget

    Fees account for approximately $2.4 billion of USCIS�s $2.8 billion budget request for fiscal year (FY) 2011. More than two-thirds of the budget supports the adjudication of applications and petitions for immigration benefits at USCIS field offices, service centers, customer service call centers and records facilities. The remainder supports USCIS business transformation efforts and the funding of headquarters program offices.

    The adjudication areas supported by fees include the following:


    Family-based petitions - facilitating the process for close relatives to immigrate, gain permanent residency, travel and work;
    Employment-based petitions - facilitating the process for current and prospective employees to immigrate to or stay in the U.S. temporarily;
    Asylum and refugee processing - adjudicating asylum and processing refugees;
    Naturalization - adjudicating eligibility for U.S. citizenship;
    Special status programs - adjudicating eligibility for U.S. immigration status as a form of humanitarian aid to foreign nationals; and
    Document issuance and renewal - verifying eligibility for, producing and issuing immigration documents.
    USCIS�s fee revenue in fiscal years 2008 and 2009 was much lower than projected, and fee revenue in fiscal year 2010 remains low. While USCIS did receive appropriations from Congress and made budget cuts of approximately $160 million, this has not bridged the remaining gap between costs and anticipated revenue. A fee adjustment, as detailed in the final rule, is necessary to ensure USCIS recovers the costs of its operations while also meeting the application processing goals identified in the 2007 fee rule.

    Highlights of the 2010 Final Fee Rule

    The final fee rule will increase the average application and petition fees by approximately 10 percent. In recognition of the unique importance of naturalization, the final fee rule contains no increase in the naturalization application fee.

    The final fee rule establishes three new fees for:


    Regional center designation under the Immigrant Investor Pilot Program (EB-5);
    Individuals seeking civil surgeon designation (with an exemption for certain physicians who examine service members, veterans, and their families at U.S. government facilities); and
    Recovery of the USCIS cost of processing immigrant visas granted by the Department of State.
    The final fee rule adjusts fees for the premium processing service. This adjustment will ensure that USCIS can continue to modernize as an efficient and effective organization.

    The final fee rule reduces fees for six individual applications and petitions:


    Petition for Alien Fianc� (Form I-129F);
    Application to Extend/Change Nonimmigrant Status (Form I-539);
    Application to Adjust Status from Temporary to Permanent Resident (Form I-698);
    Application for Family Unity Benefits (Form I-817);
    Application for Replacement Naturalization/Citizenship Document (Form N-565); and
    Application for Travel Document (Form I-131), when filed for Refugee Travel Document.
    The final fee rule eliminates two citizenship-related fees for those service members and veterans of the U.S. armed forces who are eligible to file an Application for Naturalization (Form N-400) with no fee:


    Request for Hearing on a Decision in Naturalization Proceedings (Form N-336); and
    Application for Certificate of Citizenship (Form N-600).
    Lastly, the final fee rule expands the availability of fee waivers to new categories, including:


    Individuals seeking humanitarian parole under an Application for Travel Document (Form I-131);
    Individuals with any benefit request under the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008; and
    Individuals filing a Notice of Appeal or Motion (Form I-290B) following a denial of any application or petition that did not initially require a fee.
    Final Rule: Schedule of Fees

    The following schedule lists the adjusted fees that will take effect on November 23, 2010, alongside the existing fees in effect until that date:



    Form No.

    Application/Petition Description

    Existing Fees (effective through Nov. 22, 2010

    Adjusted Fees (effective beginning Nov. 23, 2010)

    I-90 Application to Replace Permanent Resident Card $290 $365 I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document $320 $330 I-129/129CW Petition for a Nonimmigrant Worker $320 $325 I-129F Petition for Alien Fianc�(e) $455 $340 I-130 Petition for Alien Relative $355 $420 I-131 Application for Travel Document $305 $360 I-140 Immigrant Petition for Alien Worker $475 $580 I-191 Application for Advance Permission to Return to Unrelinquished Domicile $545 $585 I-192 Application for Advance Permission to Enter as Nonimmigrant $545 $585 I-193 Application for Waiver of Passport and/or Visa $545 $585 I-212 Application for Permission to Reapply for Admission into the U.S. after Deportation or Removal $545 $585 I-290B Notice of Appeal or Motion $585 $630 I-360 Petition for Amerasian, Widow(er), or Special Immigrant $375 $405 I-485 Application to Register Permanent Residence or Adjust Status $930 $985 I-526 Immigrant Petition by Alien Entrepreneur $1,435 $1,500 I-539 Application to Extend/Change Nonimmigrant Status $300 $290 I-600/600A

    I-800/800A Petition to Classify Orphan as an Immediate Relative/Application for Advance Processing of Orphan Petition $670 $720 I-601 Application for Waiver of Ground of Excludability $545 $585 I-612 Application for Waiver of the Foreign Residence Requirement $545 $585 I-687 Application for Status as a Temporary Resident under Sections 245A or 210 of the Immigration and Nationality Act $710 $1,130 I-690 Application for Waiver of Grounds of Inadmissibility $185 $200 I-694 Notice of Appeal of Decision under Sections 245A or 210 of the Immigration and Nationality Act $545 $755 I-698 Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603) $1,370 $1,020 I-751 Petition to Remove the Conditions of Residence $465 $505 I-765 Application for Employment Authorization $340 $380 I-817 Application for Family Unity Benefits $440 $435 I-824 Application for Action on an Approved Application or Petition $340 $405 I-829 Petition by Entrepreneur to Remove Conditions $2,850 $3,750 I-881 Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105�110) $285 $285 I-907 Request for Premium Processing Service $1,000 $1,225 Civil Surgeon Designation $0 $615 I-924 Application for Regional Center under the Immigrant Investor Pilot Program $0 $6,230 N-300 Application to File Declaration of Intention $235 $250 N-336 Request for Hearing on a Decision in Naturalization Proceedings $605 $650 N-400 Application for Naturalization $595 $595 N-470 Application to Preserve Residence for Naturalization Purposes $305 $330 N-565 Application for Replacement Naturalization/Citizenship Document $380 $345 N-600/600K Application for Certification of Citizenship/ Application for Citizenship and Issuance of Certificate under Section 322 $460 $600 Immigrant $0 $165 Biometrics Capturing, Processing, and Storing Biometric Information $80 $85






    Last updated:09/23/2010




    More... (http://ashwinsharma.com/2010/09/24/information-on-the-new-uscis-fee-increase.aspx?ref=rss)



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  • HalfDog
    03-11 03:26 PM
    Gonna have one up tonight or tomorrow (I bet you'll can't wait)




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  • GC_dd
    10-15 02:19 PM
    I was on L1 got h1b and started working for h1b employer in Oct 2007. meanwhile my wife and kid traveled to India and in Chennai consulate got 221g for latest salary slips in April 2008. in 2 weeks they got h4 stamped. after one year I traveled to India in July 2009 and got h1b stamped.



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  • kartikiran
    11-09 04:07 PM
    Hey Krish2005, I see that you have a long wait before getting green card. I am not sure whether killing time by posting these would help you...:rolleyes:

    Anyway, to answer your thoughts, it might be informative on a more relevant science based forum than an immigration forum.

    Trying to see how it is relevant here?...:confused:

    Maybe some of us might be aware on the importance of umbilical chord and cord blood. They are life savers as they contain stem cells which can be used to treat hematopoietic and genetic disorders.

    Let me tie this to an important activity that happens in southern part of india (maybe its prevalent too in entire india - not sure though).

    Whenever a baby is born, the umbilical chord is cut and a clip is put up in the baby's navel end with the umbilical chord part extending out. In a matter of few days the external portion will heal and fall off.

    This is then taken to a goldsmith who in turn stuffs this into a small golden (or silver depending upon one's capacity) and seals them air tight (mind this air tight) using fire. this is then tied along with a thread and is generally worn around the hips of babies.

    Maybe our ancestors knew that this part of tissue might help in healing some disorders for the babies. Who knows better than them. Many of us indians would have worn this without much aware of its importance.

    Hope that I have submitted a informative post here.




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  • gccovet
    10-30 12:41 PM
    Folks,

    Iam starting this new thread so that people will know what are the pros and cons leaving a company once GC is approved.

    1.What are all the things to be noted while leaving the company after getting GC.

    2.To be specific how long a consultant should be with company after GC is approved.

    3.Also once GC is approved and if the consultant is off the payroll for say 2 to 3 months will there be any problem while filing for citizen ship.

    Shr1,
    I guess, you must be already "Greened" :-).
    May I ask you to spare few minutes of your time to read and do the follwing Action Item, if you already done so, thank you!.


    check out http://immigrationvoice.org/forum/showthread.php?t=22182

    We request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent � all you have to do is download following 4 google documents � add the date, your name and address � and send it to the address provided on each letter.

    http://docs.google.com/Doc?id=dcqssdt7_1d3mzhr6c

    http://docs.google.com/Doc?id=dcqssdt7_2fp3nrhvb

    http://docs.google.com/Doc?id=dcqssdt7_3d8h2x7dr

    http://docs.google.com/Doc?id=dcqssdt7_4fxnvq9tw

    To reiterate: You have to send 4 letters � these letters can be downloaded at the above URL�s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.

    To get more background on this issue and see what has been done so far, please see these two threads:
    http://immigrationvoice.org/forum/sh...d.php?t=22052;
    http://immigrationvoice.org/forum/sh...ad.php?t=21716

    GCCovet




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  • mwin
    11-21 10:56 AM
    Also, when applying for AP (form I-131), you have choose, if the AP is for one trip or multiple trips. Most lawyers choose multiple.

    How do you know AP is approved for multiple entries?

    I thought AP in general is for multiple entries.

    Is there a way to tell from your approval notice it your AP was approved for multiple times?

    Thank you.




    rani77
    02-06 07:30 PM
    arjun007
    Did u surrender your I 94s when leaving for Canada???
    Also if you did ,did the POE officer issue you a new I 94 when you re entered US??
    I am asking because i have heard different verisons when u visit canada
    Please let me know ,we might be planning a trip to Canada soon
    and our H1 stamp is expired so we might go for stamping.
    Also please post about your canada visa details.
    Thx




    cvk90
    12-08 01:40 AM
    Not sure where this is going...Respond with caution folks...posting seems fishy !!



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