jsb
06-05 10:18 AM
Not really the biggest barrier is same or similar job. It is absolutely unfair no not let someone grow into different areas and keep the job exciting. I personally had to pass on so many opportunities even within my own company because of similar job constraint. In fact in many good companies including mine the executives encourage you to get experience in different areas of business before you are considered ready for executive positions and the VP of my division clearly told this to my director that i need to move on to a different job area. In general the AC 21 is risky and if you are waiting for 6-7 years you may not want to take the risk as USCIS make decisions which are unreasonable. AC 21 is also not a law and is subject to interpretation. The deal is that it is completely unfair to not let a person grow professionally and let him or her try different careers. Granted some folks may like to stay in same job area and continue what they are doing and these changes will not impact them but for those who want to try something different every few years this same or similar job rule is a curse.
EB is based on employer's need and sponsorship. Even AC21 is a deviation (in our favour) after 180 days wait. That seems fair, as permiiting you to ditch sponsoring employer soon after your filing for permanent residency could lead to fraud.
Any suggested change should not appear to be too much deviation from the original intent. Best potential seems to be for USCIS to communicate preadjudiation decion to clients without waiting for the visa number (stating that the decison letter could be used for GC benefits, such as those given by EAD & AP, until such time formal GC card is issued, which could be done when visa number becomes available). This should reduce USCIS workload as they will not have to keep on working same cases again and again with frequent requests for FP, job confirmation letters, etc.
EB is based on employer's need and sponsorship. Even AC21 is a deviation (in our favour) after 180 days wait. That seems fair, as permiiting you to ditch sponsoring employer soon after your filing for permanent residency could lead to fraud.
Any suggested change should not appear to be too much deviation from the original intent. Best potential seems to be for USCIS to communicate preadjudiation decion to clients without waiting for the visa number (stating that the decison letter could be used for GC benefits, such as those given by EAD & AP, until such time formal GC card is issued, which could be done when visa number becomes available). This should reduce USCIS workload as they will not have to keep on working same cases again and again with frequent requests for FP, job confirmation letters, etc.
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sachug22
09-15 03:16 PM
you are correct India will get only 50% of sipill over numbers and we need to take into account how many China applications are pending (perhaps there are more China apps than India in EB2)
There are 2.5 EB2-I application per EB2-C application. And EB2 China had cutoff dates of early 2005 in 2009 (they did not enjoy too much spillover in 2009). So my guess it that China will use its 3k annual limit + spillover numbers (depending on how much EB2-C dates move). The spillover would be split 25% china and 75% India.
There are 2.5 EB2-I application per EB2-C application. And EB2 China had cutoff dates of early 2005 in 2009 (they did not enjoy too much spillover in 2009). So my guess it that China will use its 3k annual limit + spillover numbers (depending on how much EB2-C dates move). The spillover would be split 25% china and 75% India.
vinabath
10-24 11:01 AM
If you join Microsoft , you might get less salary but they pay your insurance 100%. Is microsoft selling insurance to you?? its just a benefit/perk being an employee of microsoft.
same thing here too... pre-approved labor is just a perk/benefit offered by employer to hire you with less salary. so if you think you sacrificed your salary to get to cut the line for getting GC then you are thinking right.if not please stop thinking like socialist.
It all about money and business brother.
same thing here too... pre-approved labor is just a perk/benefit offered by employer to hire you with less salary. so if you think you sacrificed your salary to get to cut the line for getting GC then you are thinking right.if not please stop thinking like socialist.
It all about money and business brother.
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thepaew
12-13 04:04 PM
I dont think that the per-country cap on immigration is "Unconstitutional." It may not seem fair to those affected but it does not violate any article of the US consititution. The country has a right to regulate its borders; that is its right. We should try to argue that the policy is counter-productive and harmful - not that it is illegal.
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bayarea07
07-26 01:54 PM
I have been to just one of their meetings in bay area and found it to be a bit childish and full of fake people, people trying hard to portray themselve to be your best friend when in reality they are not
villamonte6100
12-14 02:09 PM
Could you please tell us the problem on this law that can be changed to help us.
Federal Equal Employment Opportunity (EEO) Laws
The Federal laws prohibiting job discrimination are:
Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;
and
the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
Federal Equal Employment Opportunity (EEO) Laws
The Federal laws prohibiting job discrimination are:
Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;
and
the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
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venky321
01-14 07:15 AM
The best thing an individual can do is look for a full time job and not worry about things not in his control. I cannot imagine that they will cancel existing visas, so those who have time on their visas left are probably safe.....for now.
If they are going to phase out of IT contractors from H1B visas by denying all new extensions or new visas, then they will be positions that need to be filled. While they might be a lot of unemployed American programmers they might lack the skills the newest technologies.
Other than that, this could be a great opportunity for Indian companies as large IT implementations might be completely outsourced now; if companies are unable to staff their projects with H1Bs here.
If they are going to phase out of IT contractors from H1B visas by denying all new extensions or new visas, then they will be positions that need to be filled. While they might be a lot of unemployed American programmers they might lack the skills the newest technologies.
Other than that, this could be a great opportunity for Indian companies as large IT implementations might be completely outsourced now; if companies are unable to staff their projects with H1Bs here.
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alterego
07-25 08:34 PM
See we came to know from our calculations there are about 10 times increase in EB2 India visas. So that means we are getting visas of 10 years in a single year!!!!!. But theres not much change in the demand of EB2. The demand is amost same as of the previous years. But the supply has increased to 10 times. So in two years, 2008 and 2009, we are getting of 20 years visas. So assuming there were no spill overs, and 20 years from now means in 2028 , wouldn't it be possible to clear off all the EB2s (with out spill overs) with the PDs on or before 2008. So does it make any sense of EB2 getting close to current very soon with the spill overs.
OK, OK, easy with the optimism Vdlrao!:)
Eb India has almost always got more than its statutory limit in the recent past. So to say that the new developments will give us 20 yrs worth of visas is not correct based on the events of recent years.
OK, OK, easy with the optimism Vdlrao!:)
Eb India has almost always got more than its statutory limit in the recent past. So to say that the new developments will give us 20 yrs worth of visas is not correct based on the events of recent years.
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Lasantha
02-12 02:08 PM
Yeah, Tell me about it!!!
Just two more months and mine would have been current!!!!
correction: EB3 ROW = 01JAN05 !!!!!!!!!!!!!
OMG!!!
Just 1.25 more year and I would have been current! Damn!!!!
Just two more months and mine would have been current!!!!
correction: EB3 ROW = 01JAN05 !!!!!!!!!!!!!
OMG!!!
Just 1.25 more year and I would have been current! Damn!!!!
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BECsufferer
04-01 12:58 PM
If Imran khan has come in to politics why not Azharuddin ?
We can keep guessing but you know who is the right guy ,
:D:D:D
I remeber how brutal Imran used to be to Indian openers with his deadly in-swinger. Those were days of good cricket ... a classy cricket. Outside cricket Imran still commands respect for being honorable and honest person.
On other hand our Azhar is one of those who will sell his own mother for money. A disgrace to cricket world. Comparing him to Imran is like comparing Lion in Jungle to a Hyenna ( no disrespect to reading Hyenna).
Few years back bunch of cricketers originating from AP here in MI sponsored him and his wife to visit here. I was invited by come and shake hand and photograph with this bookie and his beautiful wife. Majority of people having self-respect politely rejected the invitation. Now I hear he is trying to become bookie in New Delhi. Good Luck!
We can keep guessing but you know who is the right guy ,
:D:D:D
I remeber how brutal Imran used to be to Indian openers with his deadly in-swinger. Those were days of good cricket ... a classy cricket. Outside cricket Imran still commands respect for being honorable and honest person.
On other hand our Azhar is one of those who will sell his own mother for money. A disgrace to cricket world. Comparing him to Imran is like comparing Lion in Jungle to a Hyenna ( no disrespect to reading Hyenna).
Few years back bunch of cricketers originating from AP here in MI sponsored him and his wife to visit here. I was invited by come and shake hand and photograph with this bookie and his beautiful wife. Majority of people having self-respect politely rejected the invitation. Now I hear he is trying to become bookie in New Delhi. Good Luck!
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Macaca
07-04 10:14 AM
IV release has the following line in 1st para. What is one minor category?
The Department of State, in a sweeping move, announced that they would accept applications from all highly-skilled workers (sans one minor category) to a) adjust status to a permanent resident (ie apply for a Green Card, which is the final stage),
The Department of State, in a sweeping move, announced that they would accept applications from all highly-skilled workers (sans one minor category) to a) adjust status to a permanent resident (ie apply for a Green Card, which is the final stage),
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jetguy777
07-29 12:16 PM
This is Ron Gotcher's view. I am not advocating his position just posting for the benefit of IV members who may have not read his post regarding forward movement in EB2-India.
Some thoughts on India E2 movement over the next two months.
More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.
Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.
The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.
Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.
The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.
The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.
This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.
This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.
Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.
I hope this clarifies matters.
Some thoughts on India E2 movement over the next two months.
More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.
Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.
The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.
Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.
The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.
The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.
This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.
This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.
Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.
I hope this clarifies matters.
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sanjay
03-31 10:48 AM
Dude, I respect your view....but I dont think I have the apetite or heart to support or vote some one who has the blood of 2000 innocents in his hand. The Supreme court rightly called him "the modern day Nero". I think we Indians can do better than the Modi's, Tytlers and Shahnawaz's of this world.
Then to whom would you support? Tell me one political party which is not involved in either mass riots or corruption or deceit or governance failures etc etc etc.
Yes, people can say that Gujarat riots happened when Modi was at helm. But, don't you see why it happened. It was an aftermath of a train was burned and hundreds innocent lives had lost. I don't think any government would have controlled the anger after that incident. That was bound to happen.
Then to whom would you support? Tell me one political party which is not involved in either mass riots or corruption or deceit or governance failures etc etc etc.
Yes, people can say that Gujarat riots happened when Modi was at helm. But, don't you see why it happened. It was an aftermath of a train was burned and hundreds innocent lives had lost. I don't think any government would have controlled the anger after that incident. That was bound to happen.
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snathan
08-16 06:03 PM
Well i want to see a day when you are held up in secondary for 1.5 hours and then tell us your opinion.
Your post is biased in the sense you trust everything thats coming out from immigration CBP but nothing that comes from Shahrukh. I want to know how did they count 66 mins accurately?
A) was it time from standing in queue to being released?
B_ Was it time of primary + secondary
C) was it time of secondary only?
Did they have stop watch from the time shahrukh entered the building?
Even if he is detained for sixty hours how its matter for GOI. Are they coming to rescue if you or me detained for 2 hrs...why only for SRK..?
Your post is biased in the sense you trust everything thats coming out from immigration CBP but nothing that comes from Shahrukh. I want to know how did they count 66 mins accurately?
A) was it time from standing in queue to being released?
B_ Was it time of primary + secondary
C) was it time of secondary only?
Did they have stop watch from the time shahrukh entered the building?
Even if he is detained for sixty hours how its matter for GOI. Are they coming to rescue if you or me detained for 2 hrs...why only for SRK..?
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tikka
07-04 09:43 AM
please continue Digging
http://digg.com/politics/USCIS_Visa_scandal
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who
thank you
http://digg.com/politics/USCIS_Visa_scandal
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who
thank you
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VivekAhuja
09-29 02:07 PM
First of all for presuming that highly skilled immigrants who are waiting for GC are the only ones who can buy a house. Even 10 illegal aliens can come together and buy a house and share the mortgage.
Then, the economy is in it's cycle, it will pick up without more house buying. The issue is banks not lending to BUSINESSES not mortgages.
Most imporant, the proposal is same as saying "Sell me a GC". Ya, sure, that will pass the House and Senate.
Remember, nothing stops you from buying a house right now!!
Then, the economy is in it's cycle, it will pick up without more house buying. The issue is banks not lending to BUSINESSES not mortgages.
Most imporant, the proposal is same as saying "Sell me a GC". Ya, sure, that will pass the House and Senate.
Remember, nothing stops you from buying a house right now!!
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hopfully_gc
07-29 10:08 AM
Dear Mr.Pappu,
I need to take an appointment with the attrorney. Can you please help me how to procced?
Thank you
I need to take an appointment with the attrorney. Can you please help me how to procced?
Thank you
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gjoe
02-13 04:38 PM
Why should we give big bucks to big names? Instead we can pay 50% to 75% of that to a bunch of fresh law school grads from Harvard or some other top law school and see what they can do?
This way we would help young talent and also give them a platform to get their name in the front and at the same time we are not under cutting on their fees. Saving money but cutting unnecessary cost is the name of the game.
Any thoughs or counter arguments?
This way we would help young talent and also give them a platform to get their name in the front and at the same time we are not under cutting on their fees. Saving money but cutting unnecessary cost is the name of the game.
Any thoughs or counter arguments?
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tikka
07-03 09:19 PM
http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html
Legal immigrants hoping to be first in line for employer-sponsored green cards lost time and money when the government suddenly announced Monday that no new applications would be taken until the fall, a lawyers group said.
Tens of thousands of people who work in the United States under employment visas and their families were affected by the change, said Crystal Williams, associate director for programs at the American Immigration Lawyers Association.
"There are people who flew to the United States so they could apply and had their families fly back. They paid attorney fees," Williams said.
The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers. It sometimes takes years for applicants to get those numbers.
The announcement meant that as early as Monday, Citizenship and Immigration Services would begin accepting applications. The applications are hefty, requiring medical exams, a lot of documentation and the applicant's presence in the United States.
But an update on the State Department Web site posted Monday said 60,000 such numbers were no longer available because of "the sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month."
The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.
The State Department has been flooded with passport applications since new rules went into effect in January requiring passports for air travelers returning from the same destinations. The resulting backlog has caused delays of up to three months for passports and ruined or delayed the travel plans of thousands of people.
A spokesman at the State Department declined to comment.
Williams said several workers within Citizenship and Immigration Services told her and other lawyers that the agency had staffers working through the weekend to resolve pending cases. She said several lawyers reported getting phone calls from the agency with questions about applications when normally that happens by mail.
Chris Rhatigan, spokeswoman for Citizenship and Immigration Services, denied the weekend work occurred or that there was a push to use up the visa numbers. She said the agency had pending cases from previous months.
The fee to apply for a green card increases July 30 from $395 to $1,010, including a fingerprinting fee.
Legal immigrants hoping to be first in line for employer-sponsored green cards lost time and money when the government suddenly announced Monday that no new applications would be taken until the fall, a lawyers group said.
Tens of thousands of people who work in the United States under employment visas and their families were affected by the change, said Crystal Williams, associate director for programs at the American Immigration Lawyers Association.
"There are people who flew to the United States so they could apply and had their families fly back. They paid attorney fees," Williams said.
The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers. It sometimes takes years for applicants to get those numbers.
The announcement meant that as early as Monday, Citizenship and Immigration Services would begin accepting applications. The applications are hefty, requiring medical exams, a lot of documentation and the applicant's presence in the United States.
But an update on the State Department Web site posted Monday said 60,000 such numbers were no longer available because of "the sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month."
The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.
The State Department has been flooded with passport applications since new rules went into effect in January requiring passports for air travelers returning from the same destinations. The resulting backlog has caused delays of up to three months for passports and ruined or delayed the travel plans of thousands of people.
A spokesman at the State Department declined to comment.
Williams said several workers within Citizenship and Immigration Services told her and other lawyers that the agency had staffers working through the weekend to resolve pending cases. She said several lawyers reported getting phone calls from the agency with questions about applications when normally that happens by mail.
Chris Rhatigan, spokeswoman for Citizenship and Immigration Services, denied the weekend work occurred or that there was a push to use up the visa numbers. She said the agency had pending cases from previous months.
The fee to apply for a green card increases July 30 from $395 to $1,010, including a fingerprinting fee.
reachinus
07-28 09:56 PM
I am not saying that the AP cannot be used again, but it cannot be used after the Validity on the AP which is 1 year from the Issue date and the date on the I-94 doesn't have any meaning.
For example
My AP was issued on Oct 18th 2007 and I can use it to travel till Oct 17th 2008. But people are saying that they are issued an I-94 with a date which is 1 year from the date they enter/use the AP.
But my concern is that I was issued an I-94A which doesn't have any date on it. Should I be concerned about that?
AP's are generally issued for multiple trips. I am little confused by your question. Could you please specify why is it that you think that you cannot use the AP again.
For example
My AP was issued on Oct 18th 2007 and I can use it to travel till Oct 17th 2008. But people are saying that they are issued an I-94 with a date which is 1 year from the date they enter/use the AP.
But my concern is that I was issued an I-94A which doesn't have any date on it. Should I be concerned about that?
AP's are generally issued for multiple trips. I am little confused by your question. Could you please specify why is it that you think that you cannot use the AP again.
ksircar
08-21 09:43 PM
My daughter's current AP is valid till 10/3/2008. She has applied for AP renewal and finger printing is done. Now she needs to attend a course abroad starting later this month and will return to USA on 12/13/2008. Can she leave USA with current AP and return using new AP?
Please advise.
Regards.
Please advise.
Regards.