
gc_chahiye
07-20 03:49 PM
Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.
They already applied my 485 and AP.
What should I be doing?
1. Can I apply EAD myself?
yes, once you have the I-485 receipt. You dont need anything from your employer for filing EAD.
2. will I get in trouble if I do not have EAD and my H1 expires?
status-wise you will be ok since your status will be 485-pending. However you will need to stop working if they have not applied for your H1 extension by the last day of your current H1 (ie. by Jan 2008). They can apply for your H1 extension even on the last day of your current H1s expiry and you can then continue working for upto 240 days after expiry of your current H1 while waiting for approval of that extension request. Filing 90 days in advance is ok, if you are paranoid ask them to do in premium processing when they file it (offering to pay the $1000) if that makes you more comfortable.
Not sure why you want an early H1 extension filing...
3. Can I move to new employer using AC21 without EAD?
yup. You can transfer H1 and invoke AC21. In fact that is recommended (try to maintain your H1 status while your 485 is pending so if you get a denial you atleast have some status to work out your next move.
They already applied my 485 and AP.
What should I be doing?
1. Can I apply EAD myself?
yes, once you have the I-485 receipt. You dont need anything from your employer for filing EAD.
2. will I get in trouble if I do not have EAD and my H1 expires?
status-wise you will be ok since your status will be 485-pending. However you will need to stop working if they have not applied for your H1 extension by the last day of your current H1 (ie. by Jan 2008). They can apply for your H1 extension even on the last day of your current H1s expiry and you can then continue working for upto 240 days after expiry of your current H1 while waiting for approval of that extension request. Filing 90 days in advance is ok, if you are paranoid ask them to do in premium processing when they file it (offering to pay the $1000) if that makes you more comfortable.
Not sure why you want an early H1 extension filing...
3. Can I move to new employer using AC21 without EAD?
yup. You can transfer H1 and invoke AC21. In fact that is recommended (try to maintain your H1 status while your 485 is pending so if you get a denial you atleast have some status to work out your next move.
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mbartosik
11-08 03:33 PM
It looks like this including dependents -- good news.
According to:
http://www.uscis.gov/files/nativedocuments/AILAQandASept2007.pdf
there were about 320K applications (likely primary applications). Remember that July fiasco only affected EB (not family based).
quote: "While we continue to receipt the work we recently received, we project that we received over 320,000 adjustment applications due to the July visa bulletin."
So that's only 5 years to clear the backlog, assuming minimal lost GC, and no new applications by ROW (thus reducing or stopping spill over). Of course ROW will continue to create new applications.
According to:
http://www.uscis.gov/files/nativedocuments/AILAQandASept2007.pdf
there were about 320K applications (likely primary applications). Remember that July fiasco only affected EB (not family based).
quote: "While we continue to receipt the work we recently received, we project that we received over 320,000 adjustment applications due to the July visa bulletin."
So that's only 5 years to clear the backlog, assuming minimal lost GC, and no new applications by ROW (thus reducing or stopping spill over). Of course ROW will continue to create new applications.

vinayskadam
11-29 08:18 PM
Thanks for the Reply and I had called up the USCIS and they had asked me to send a letter for correcting the information. I have sent the letter now along with the supporting documents. Hope evverything goes fine.
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ufo2002
09-01 06:02 PM
The testimony only goes to show how much MORE incompetent USCIS is going to become if CIR passes... 35 million applications + more!!!!
Why bother with paperwork, wave some hands and declare all of them legal.
Why bother with paperwork, wave some hands and declare all of them legal.
more...

ritwik_ind
11-24 07:52 AM
Good Every one!
;'( I am already out
;'( I am already out

hpandey
06-02 03:18 PM
You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?
You won't get an RFE during approval of GC since you are legally here all the time due to AOS but your wife will get it when you file for her GC since she would be out of status all this time.
You won't get an RFE during approval of GC since you are legally here all the time due to AOS but your wife will get it when you file for her GC since she would be out of status all this time.
more...

sathish_gopalan
07-05 04:21 PM
If you leave US for 2 or 3 years and get back through a new employer, does your I140 priority date still holds good. A friend of mine got his I140 approved, left to canada and got his citizenship. He intends to move back and want to know if he can still use his priority date. Thanks.
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mirage41
06-13 05:43 PM
Going through a bill, usually in subcommittee, section by section, revising language, amending sections etc and reach a consensus
Does that mean the bills could be changed further?
Does that mean the bills could be changed further?
more...

h1bemployee
02-25 06:07 PM
I came to US on h1b visa in Feb 2007.... after joining my first job my employer applied for a change in LCA because of the new salary(which is less than the original)... USCIS replied to that amendment after 16 months with an RFE... My comapany responded to that RFE and after that they got a reply from the USCIS that the H1b amendment is denied....
My employer told me that I have to leave USA with in the next 2 weeks. But my h1b is valid up to sep 2009.
what are the options for me?
can I apply for a H1b transfer?
please help
My employer told me that I have to leave USA with in the next 2 weeks. But my h1b is valid up to sep 2009.
what are the options for me?
can I apply for a H1b transfer?
please help
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aj2000
01-09 03:51 PM
and so are 26 other consultants in her department. All of them are being replaced by permanent employees by client from other departments.. Basically, tough times like these., consultants are the first to be kicked out. I am awaiting my turn :(
more...

vxg
10-19 05:38 PM
For new investors starting with index funds, mutual funds is best. You can see good value in banking area funds like KBE,XLF or when NASDAQ plunges buy qqqq.
Considering the lowered cost of stock I am planning to gets my hands dirty in stock. But I don't have much knwoeldge about it. Also, by the time I find resouces to learn more about stock, the prices might ahve gone up.
So can anyone provide good online tools to know more about investing on stocks and buying stocks online...
Thanks
Considering the lowered cost of stock I am planning to gets my hands dirty in stock. But I don't have much knwoeldge about it. Also, by the time I find resouces to learn more about stock, the prices might ahve gone up.
So can anyone provide good online tools to know more about investing on stocks and buying stocks online...
Thanks
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jhaalaa
11-11 10:56 AM
I agree that every single job loss matters and I support keeping jobs here where possible - unless essential.
Interestingly, jobs lost due to outsourcing are far less than other factors. Here is some interesting survey link:
Where the Jobs Went - Careers (http://www.cioinsight.com/c/a/Careers/Where-the-Jobs-Went-517950/?kc=CIOMINUTE11112009CIOA)
The reason I posted it here is because the anti-immigrant lobby also views immigrants as supporters of outsourcing - which is not true because we look wholistically from an economic perspective. Also we are comparatively less emotionally charged about local issues, something that we should be more involved in to ensure comfortable assimilation for natives and immigrants alike.
Interestingly, jobs lost due to outsourcing are far less than other factors. Here is some interesting survey link:
Where the Jobs Went - Careers (http://www.cioinsight.com/c/a/Careers/Where-the-Jobs-Went-517950/?kc=CIOMINUTE11112009CIOA)
The reason I posted it here is because the anti-immigrant lobby also views immigrants as supporters of outsourcing - which is not true because we look wholistically from an economic perspective. Also we are comparatively less emotionally charged about local issues, something that we should be more involved in to ensure comfortable assimilation for natives and immigrants alike.
more...
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abhijitp
01-29 01:11 PM
you are awesome
NP, thanks for bumping this up.... I won't be spending any more time "bumping up" as guys who live and work around Fremont have heard this loud & clear by now...
Fremont BART station, 5 pm to 7 pm every weekday beginning today... BE THERE!!!
NP, thanks for bumping this up.... I won't be spending any more time "bumping up" as guys who live and work around Fremont have heard this loud & clear by now...
Fremont BART station, 5 pm to 7 pm every weekday beginning today... BE THERE!!!
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rahul2699
05-19 11:46 AM
The Indian compnies absued the B1 visa...they are getting B1 visa but brought in people, put them at client location for work. The USCIS/US consulates found this and this is the right reason for your B1 visa rejection. So you wouldnt be able to get the B1 even if you apply again.
I agree with you...B-1 visa abuse by indian MNC's putting pressure on the legit applicants. Looks like its all coming together to haunt. I think you'll have little luck in getting it done considering that you've already spent 3 years on H-1B. They might look at it as you are resorting to B-1 visa to immigrate. Sorry to say this but that's most likely is what they are thinking.
I agree with you...B-1 visa abuse by indian MNC's putting pressure on the legit applicants. Looks like its all coming together to haunt. I think you'll have little luck in getting it done considering that you've already spent 3 years on H-1B. They might look at it as you are resorting to B-1 visa to immigrate. Sorry to say this but that's most likely is what they are thinking.
more...
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prem_goel
08-05 05:15 PM
that is totally illegal and if it happens and if someone complains to DOL then the employer will be in "Lake Soup"
Agreed with above. Fill out WH-4 ESA. Google it and you'll get it. Turnaround time sometimes is around 2-3 months but you'll see definite action.
Agreed with above. Fill out WH-4 ESA. Google it and you'll get it. Turnaround time sometimes is around 2-3 months but you'll see definite action.
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yganreddy
08-06 10:58 PM
I read this in other forum and thought of sharing it
----------
When I got home that night as my wife served dinner, I held her hand and said, I've got something to tell you. She sat down and ate quietly. Again I observed the hurt in her eyes.
Suddenly I didn't know how to open my mouth. But I had to let her know what I was thinking. I want a divorce. I raised the topic calmly. She didn't seem to be annoyed by my words, instead she asked me softly, why? I avoided her question. This made her angry. She threw away the chopsticks and shouted at me, you are not a man!
That night, we didn't talk to each other. She was weeping. I knew she wanted to find out what had happened to our marriage. But I could hardly give her a satisfactory answer; I had lost my heart to a lovely girl called Dew. I didn't love her anymore. I just pitied her!
With a deep sense of guilt, I drafted a divorce agreement which stated that she could own our house, 30% shares of my company and the car. She glanced at it and then tore it into pieces. The woman who had spent ten years of her life with me had become a stranger. I felt sorry for her wasted time, resources and energy but I could not take back what I had said for I loved Dew so dearly.
Finally she cried loudly in front of me, which was what I had expected to see. To me her cry was actually a kind of release. The idea of divorce which had obsessed me for several weeks seemed to be firmer and clearer now.
The next day, I came back home very late and found her writing something at the table. I didn't have supper but went straight to sleep and fell asleep very fast because I was tired after an eventful day with Dew. When I woke up, she was still there at the table writing. I just did not care so I turned over and was asleep again.
In the morning she presented her divorce conditions: she didn't want anything from me, but needed a month's notice before the divorce. She requested that in that one month we both struggle to live as normal a life as possible. Her reasons were simple: our son had his exams in a months time and she didn't want to disrupt him with our broken marriage.
This was agreeable to me. But she had something more, she asked me to recall how I had carried her into out bridal room on our wedding day.. She requested that everyday for the month's duration I carry her out of our bedroom to the front door ever morning. I thought she was going crazy.
Just to make our last days together bearable I accepted her odd request.
I told Dew about my wife s divorce conditions. She laughed loudly and thought it was absurd. No matter what tricks she applies, she has to face the divorce, she said scornfully. My wife and I hadn't had any body contact since my divorce intention was explicitly expressed. So when I carried her out on the first day, we both appeared clumsy. Our son clapped behind us, daddy is holding mummy in his arms. His words brought me a sense of pain. From the bedroom to the sitting room, then to the door, I walked over ten meters with her in my arms. She closed her eyes and said softly; don't tell our son about the divorce. I nodded, feeling somewhat upset..
I put her down outside the door. She went to wait for the bus to work. I drove alone to the office.
On the second day, both of us acted much more easily. She leaned on my chest.. I could smell the fragrance of her blouse. I realized that I hadn't looked at this woman carefully for a long time. I realized she was not young any more. There were fine wrinkles on her face, her hair was graying! Our marriage had taken its toll on her. For a minute I wondered what I had done to her.
On the fourth day, when I lifted her up, I felt a sense of intimacy returning. This was the woman who had given ten years of her life to me. On the fifth and sixth day, I realized that our sense of intimacy was growing again. I didn't tell Dew about this. It became easier to carry her as the month slipped by. Perhaps the everyday workout made me stronger.
She was choosing what to wear one morning. She tried on quite a few dresses but could not find a suitable one. Then she sighed, all my dresses have grown bigger. I suddenly realized that she had grown so thin, that was the reason why I could carry her more easily. Suddenly it hit me; she had buried so much pain and bitterness in her heart.
Subconsciously I reached out and touched her head. Our son came in at the moment and said, Dad, it's time to carry mum out. To him, seeing his father carrying his mother out had become an essential part of his life. My wife gestured to our son to come closer and hugged him tightly. I turned my face away because I was afraid I might change my mind at this last minute. I then held her in my arms, walking from the bedroom, through the sitting room, to the hallway. Her hand surrounded my neck softly and naturally. I held her body tightly; it was just like our wedding day.
But her much lighter weight made me sad. On the last day, when I held her in my arms I could hardly move a step. Our son had gone to school. I held her tightly and said, I hadn't noticed that our life lacked intimacy. I drove to office... jumped out of the car swiftly without locking the door. I was afraid any delay would make me change my mind... I walked upstairs. Dew opened the door and I said to her, Sorry, Dew, I do not want the divorce anymore.
She looked at me, astonished. Then touched my forehead. Do you have a fever? She said. I moved her hand off my head. Sorry, Dew, I said, I won't divorce. My marriage life was boring probably because she and I didn't value the details of our lives, not because we didn't love each other any more.. Now I realize that since I carried her into my home on our wedding day I am supposed to hold her until death does us apart.
Dew seemed to suddenly wake up. She gave me a loud slap and then slammed the door and burst into tears. I walked downstairs and drove away. At the floral shop on the way, I ordered a bouquet of flowers for my wife. The salesgirl asked me what to write on the card. I smiled and wrote:
'I'll carry you out every morning until death do us apart'
The small details of our lives are what really matter in a relationship. It is not the mansion, the car, the property, the bank balance that matters. These create an environment conducive for happiness but cannot give happiness in themselves. So find time to be your spouse's friend and do those little things for each other that build intimacy. Do have a real happy marriage!
If you don't share this, nothing will happen to you, but if you do, you just might save a marriage.
Relationships are made not to exploit, not to be broken.
We teach some by what we say
We teach some more by what we do
But we teach most by what we are
----------------
You don't get to choose how you are going to die, or when, but, you can decide how you are going to live, here and now.hi,
I came to US 5 years back in H4. My husband processed GC and 140 is cleared and 485 pending. I got my EAD and now working. My husband and I have problems and he is threatening to ruin my life.
Can I know a few things
1. Can he take me out of the GC ?
2. Can he revoke my EAD ?
3. Can my employee extend my EAD which is expiring in 2010 and continue my GC.
please help...
----------
When I got home that night as my wife served dinner, I held her hand and said, I've got something to tell you. She sat down and ate quietly. Again I observed the hurt in her eyes.
Suddenly I didn't know how to open my mouth. But I had to let her know what I was thinking. I want a divorce. I raised the topic calmly. She didn't seem to be annoyed by my words, instead she asked me softly, why? I avoided her question. This made her angry. She threw away the chopsticks and shouted at me, you are not a man!
That night, we didn't talk to each other. She was weeping. I knew she wanted to find out what had happened to our marriage. But I could hardly give her a satisfactory answer; I had lost my heart to a lovely girl called Dew. I didn't love her anymore. I just pitied her!
With a deep sense of guilt, I drafted a divorce agreement which stated that she could own our house, 30% shares of my company and the car. She glanced at it and then tore it into pieces. The woman who had spent ten years of her life with me had become a stranger. I felt sorry for her wasted time, resources and energy but I could not take back what I had said for I loved Dew so dearly.
Finally she cried loudly in front of me, which was what I had expected to see. To me her cry was actually a kind of release. The idea of divorce which had obsessed me for several weeks seemed to be firmer and clearer now.
The next day, I came back home very late and found her writing something at the table. I didn't have supper but went straight to sleep and fell asleep very fast because I was tired after an eventful day with Dew. When I woke up, she was still there at the table writing. I just did not care so I turned over and was asleep again.
In the morning she presented her divorce conditions: she didn't want anything from me, but needed a month's notice before the divorce. She requested that in that one month we both struggle to live as normal a life as possible. Her reasons were simple: our son had his exams in a months time and she didn't want to disrupt him with our broken marriage.
This was agreeable to me. But she had something more, she asked me to recall how I had carried her into out bridal room on our wedding day.. She requested that everyday for the month's duration I carry her out of our bedroom to the front door ever morning. I thought she was going crazy.
Just to make our last days together bearable I accepted her odd request.
I told Dew about my wife s divorce conditions. She laughed loudly and thought it was absurd. No matter what tricks she applies, she has to face the divorce, she said scornfully. My wife and I hadn't had any body contact since my divorce intention was explicitly expressed. So when I carried her out on the first day, we both appeared clumsy. Our son clapped behind us, daddy is holding mummy in his arms. His words brought me a sense of pain. From the bedroom to the sitting room, then to the door, I walked over ten meters with her in my arms. She closed her eyes and said softly; don't tell our son about the divorce. I nodded, feeling somewhat upset..
I put her down outside the door. She went to wait for the bus to work. I drove alone to the office.
On the second day, both of us acted much more easily. She leaned on my chest.. I could smell the fragrance of her blouse. I realized that I hadn't looked at this woman carefully for a long time. I realized she was not young any more. There were fine wrinkles on her face, her hair was graying! Our marriage had taken its toll on her. For a minute I wondered what I had done to her.
On the fourth day, when I lifted her up, I felt a sense of intimacy returning. This was the woman who had given ten years of her life to me. On the fifth and sixth day, I realized that our sense of intimacy was growing again. I didn't tell Dew about this. It became easier to carry her as the month slipped by. Perhaps the everyday workout made me stronger.
She was choosing what to wear one morning. She tried on quite a few dresses but could not find a suitable one. Then she sighed, all my dresses have grown bigger. I suddenly realized that she had grown so thin, that was the reason why I could carry her more easily. Suddenly it hit me; she had buried so much pain and bitterness in her heart.
Subconsciously I reached out and touched her head. Our son came in at the moment and said, Dad, it's time to carry mum out. To him, seeing his father carrying his mother out had become an essential part of his life. My wife gestured to our son to come closer and hugged him tightly. I turned my face away because I was afraid I might change my mind at this last minute. I then held her in my arms, walking from the bedroom, through the sitting room, to the hallway. Her hand surrounded my neck softly and naturally. I held her body tightly; it was just like our wedding day.
But her much lighter weight made me sad. On the last day, when I held her in my arms I could hardly move a step. Our son had gone to school. I held her tightly and said, I hadn't noticed that our life lacked intimacy. I drove to office... jumped out of the car swiftly without locking the door. I was afraid any delay would make me change my mind... I walked upstairs. Dew opened the door and I said to her, Sorry, Dew, I do not want the divorce anymore.
She looked at me, astonished. Then touched my forehead. Do you have a fever? She said. I moved her hand off my head. Sorry, Dew, I said, I won't divorce. My marriage life was boring probably because she and I didn't value the details of our lives, not because we didn't love each other any more.. Now I realize that since I carried her into my home on our wedding day I am supposed to hold her until death does us apart.
Dew seemed to suddenly wake up. She gave me a loud slap and then slammed the door and burst into tears. I walked downstairs and drove away. At the floral shop on the way, I ordered a bouquet of flowers for my wife. The salesgirl asked me what to write on the card. I smiled and wrote:
'I'll carry you out every morning until death do us apart'
The small details of our lives are what really matter in a relationship. It is not the mansion, the car, the property, the bank balance that matters. These create an environment conducive for happiness but cannot give happiness in themselves. So find time to be your spouse's friend and do those little things for each other that build intimacy. Do have a real happy marriage!
If you don't share this, nothing will happen to you, but if you do, you just might save a marriage.
Relationships are made not to exploit, not to be broken.
We teach some by what we say
We teach some more by what we do
But we teach most by what we are
----------------
You don't get to choose how you are going to die, or when, but, you can decide how you are going to live, here and now.hi,
I came to US 5 years back in H4. My husband processed GC and 140 is cleared and 485 pending. I got my EAD and now working. My husband and I have problems and he is threatening to ruin my life.
Can I know a few things
1. Can he take me out of the GC ?
2. Can he revoke my EAD ?
3. Can my employee extend my EAD which is expiring in 2010 and continue my GC.
please help...
more...
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dixie
02-10 07:30 PM
I agree - the UK govt's policy statement, at least on the doctor's issue was clear : "We had a shortage earlier, therefore we needed foreign doctors. The shortage no longer exists, so we no longer need you. Please leave before mm-dd-yyyy". Contrast that with the US govts "we love your brains but hate your bodies policy" .. on one hand corporations cannot do without foreign skilled labor, at the same time folks like Lou FOULMOUTH and his cronies in congress and elsewhere cannot do without bashing them. In the tug-of-war between these two parties, we are left to rot on the sidelines - neither kicked out, nor allowed a rightful place to progress in society. If thats the case, why don't they simply remove the dual intent clause (and all those 1-yr / 3yr dole-outs aka extensions) from the H1-B program ? Thats better than having to live 15 years on an H1-B.
UK is at lease clear what is their immigration policy. I would like to have similar stand from US Govt where they come out and say in clear words "we don't want to in here" OR "Come here, work for 6 years and leave" OR "we cant you to stay and fix the GC process.
UK is at lease clear what is their immigration policy. I would like to have similar stand from US Govt where they come out and say in clear words "we don't want to in here" OR "Come here, work for 6 years and leave" OR "we cant you to stay and fix the GC process.
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f1vlad
07-17 02:18 PM
can you provide the link to that blog? I cannot find it.
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inspectorfox
11-04 07:42 PM
Congrats...I see hope from your case.
My case still remains stuck in security check at USCIS TSC...395 days and counting :)
My case still remains stuck in security check at USCIS TSC...395 days and counting :)
jthomas
04-22 01:30 PM
1. Its illegal for you to pay money for H1B. (you can contact DOL for that, your employer won't be able to hire H1B's).
2. Please don't ask illegal suggestions here. this is a forumn for Highly skilled legal immigrants. you can find your answers from your lawyers.
3. Its not worth applying for H1B if you are in India, this year the quota did not get filled within a day. India is going much better than US during this recession.
Thanks
Jthomas
Hi, This is my first post here and I need some guidance regarding new-H1 under FY2010 quota.
--One of my friend told me about this company in Chicago who is doing H-1s and apparently the quota is not over yet. I am in India and
--Is it advisable to get my H01 filed at this time?
--What if the USCIS asks client letters? They said, the company will take care of it at that time if that happens -- is that even legal to say that?
--What is the probably the CAP will be met by that time they file my H-1 in the next 2 weeks? And am not sure if the attorney returns the money in that case.
Please suggest. Thanks
2. Please don't ask illegal suggestions here. this is a forumn for Highly skilled legal immigrants. you can find your answers from your lawyers.
3. Its not worth applying for H1B if you are in India, this year the quota did not get filled within a day. India is going much better than US during this recession.
Thanks
Jthomas
Hi, This is my first post here and I need some guidance regarding new-H1 under FY2010 quota.
--One of my friend told me about this company in Chicago who is doing H-1s and apparently the quota is not over yet. I am in India and
--Is it advisable to get my H01 filed at this time?
--What if the USCIS asks client letters? They said, the company will take care of it at that time if that happens -- is that even legal to say that?
--What is the probably the CAP will be met by that time they file my H-1 in the next 2 weeks? And am not sure if the attorney returns the money in that case.
Please suggest. Thanks
prem_goel
12-02 11:25 PM
Just for updating everyone, I got my stamping done successfully at Tijuana. They give the passport next day as expected, so just make sure to make the arrangement for the night. It's pretty cool for H-1B people both for full-time plus contractors, albeit for contractors they sometimes will call/e-mail your employer to verify. It will usually happen in a day or two and they'll issue the visa then. Let me know if anyone wants any particular details on Tijuana/H-1B stamping there.
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