suresh.emails
01-23 11:34 AM
Well,
The following is the process to schedule parents visiting visa interview online (assuming both Mother and Father are above 45 years old)
1. Pay HDFC Visa fee for $131. If you have paid visa fee on or before December 31, 2007, then take a Demand Draft for $31 (eqv in INR) and present the same during the interview process.
2. Wait for 2 days to activate the bar code.
3. Fill the D-156 and D-157 forms online thru VFS website and wait for dates to show up. Remember such filled application will be valid for 7 days and meanwhile , if interview dates show up, then one can schedule interview.
4. The BEST TIME FOR interview dates check up is early morning 5 AM EST thru 7:30 AM EST. ( I did little research during my parents interview schedule).
5. Filling the D-156 and D-157 online does not mean that, they will be automatically submitted to US consulate. You have to take print out D-156 back to back and D-157 on single page. Then you sign and date the form (if you have filled it on behalf of your parents). Send the forms to parents. They also need to sign the forms.
6. Remember, one have to write applicant names in their NATIVE language (ex: Telugu/Tamil/Kannada etc..,) on 3'rd column of D-157 form.
7. Send notarized affidavit for support I-134 form.
8. All supporting documents
9. If your current H1-B visa is expired. then send your Receipt Notice/H1-B extension approved notice as a proof of your Current STATUS at USA.
10. If you have valid H1-B visa stamping, then send the same along with H1-B I-797 approval notice.
11. If you are on EAD/GC, send your copied of EAD/GC.
12. In case, if you are sponsoring your in-laws. Then send your suppose Date of Birth certificate, passport copies, marriage certificate along with your documents.
13. Educate your parents with all possible questions/answers they may face during the interview.
14. Advice your parents not to lie during the interview process. ask them to answer frankly.
Let me know if you need more information for visiting visa. I can/may answer all possible questions.
P.S: My parents got their visiting visa stamped during the second attempt.
The following is the process to schedule parents visiting visa interview online (assuming both Mother and Father are above 45 years old)
1. Pay HDFC Visa fee for $131. If you have paid visa fee on or before December 31, 2007, then take a Demand Draft for $31 (eqv in INR) and present the same during the interview process.
2. Wait for 2 days to activate the bar code.
3. Fill the D-156 and D-157 forms online thru VFS website and wait for dates to show up. Remember such filled application will be valid for 7 days and meanwhile , if interview dates show up, then one can schedule interview.
4. The BEST TIME FOR interview dates check up is early morning 5 AM EST thru 7:30 AM EST. ( I did little research during my parents interview schedule).
5. Filling the D-156 and D-157 online does not mean that, they will be automatically submitted to US consulate. You have to take print out D-156 back to back and D-157 on single page. Then you sign and date the form (if you have filled it on behalf of your parents). Send the forms to parents. They also need to sign the forms.
6. Remember, one have to write applicant names in their NATIVE language (ex: Telugu/Tamil/Kannada etc..,) on 3'rd column of D-157 form.
7. Send notarized affidavit for support I-134 form.
8. All supporting documents
9. If your current H1-B visa is expired. then send your Receipt Notice/H1-B extension approved notice as a proof of your Current STATUS at USA.
10. If you have valid H1-B visa stamping, then send the same along with H1-B I-797 approval notice.
11. If you are on EAD/GC, send your copied of EAD/GC.
12. In case, if you are sponsoring your in-laws. Then send your suppose Date of Birth certificate, passport copies, marriage certificate along with your documents.
13. Educate your parents with all possible questions/answers they may face during the interview.
14. Advice your parents not to lie during the interview process. ask them to answer frankly.
Let me know if you need more information for visiting visa. I can/may answer all possible questions.
P.S: My parents got their visiting visa stamped during the second attempt.
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WeShallOvercome
11-07 12:10 PM
If EB2 PD is 1 APR 2004 then what does the ProcessingTimeFrame Date(August 25, 2006) mean for I-485 in Texas Service Center.
Can anyone clarify. Guys exuse my Ignorance...I just want to know the rule
sury,
What that means is "All applications received before August 25, 2006 AND whose PD is current , are being processed"
If your PD is 2003 but you filed your I-485 after Aug'2006 your app will not be adjudicated.
If you filed before Aug'2006 but your PD is after Apr'2004, your app will not be adjudicated.
If your PD is before Apr'2004 and you filed your app before August 25, 2006, your app will be adjudicated..
This is to make sure people don't start expecting approvals and calling them left and right one day after filing if their PD is current. they need some time for every application, so they put in this 'processing date' which works in conjunction with 'priority date' to check if a case is approvable at any given time. They normally won't entertain calls enquiring about a case if the filing date does not fall within this processing date.
Can anyone clarify. Guys exuse my Ignorance...I just want to know the rule
sury,
What that means is "All applications received before August 25, 2006 AND whose PD is current , are being processed"
If your PD is 2003 but you filed your I-485 after Aug'2006 your app will not be adjudicated.
If you filed before Aug'2006 but your PD is after Apr'2004, your app will not be adjudicated.
If your PD is before Apr'2004 and you filed your app before August 25, 2006, your app will be adjudicated..
This is to make sure people don't start expecting approvals and calling them left and right one day after filing if their PD is current. they need some time for every application, so they put in this 'processing date' which works in conjunction with 'priority date' to check if a case is approvable at any given time. They normally won't entertain calls enquiring about a case if the filing date does not fall within this processing date.
manderson
07-17 02:49 PM
we really have to be morons to take anynonymous comments at face-value.
or did you post the comments yourself and like the attention?
or did you post the comments yourself and like the attention?
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gc_dream07
08-05 06:30 AM
I am in similar situation.
I have AP valid till Oct 3rd, 2010. My new AP application is with USCIS and have not received the approval. I will be traveling to Canada on August 15th for one week. I am planning to return on current AP. My question is: if my new AP gets approved when I am in Canada, will that cause any issue in my I-485 or re-entry to US.
i was in same situation. couldn't get new AP in time. went for stamping in India.
my attorney's advise was, u can't use the new AP, if u weren't here in US when it was approved. but after u come back using old valid AP or H stamp, u can use the new AP, for travel next time.
if u read 131 instructions, it talks about abandoning app.
basically, if u have no other status like H status, if u are using EAD for work and AP for travel,
and if u leave US before approval of AP, ur 485 considered abandoned.
Ref:
http://www.uscis.gov/files/form/i-131instr.pdf
Page 4, Section E.
I have AP valid till Oct 3rd, 2010. My new AP application is with USCIS and have not received the approval. I will be traveling to Canada on August 15th for one week. I am planning to return on current AP. My question is: if my new AP gets approved when I am in Canada, will that cause any issue in my I-485 or re-entry to US.
i was in same situation. couldn't get new AP in time. went for stamping in India.
my attorney's advise was, u can't use the new AP, if u weren't here in US when it was approved. but after u come back using old valid AP or H stamp, u can use the new AP, for travel next time.
if u read 131 instructions, it talks about abandoning app.
basically, if u have no other status like H status, if u are using EAD for work and AP for travel,
and if u leave US before approval of AP, ur 485 considered abandoned.
Ref:
http://www.uscis.gov/files/form/i-131instr.pdf
Page 4, Section E.
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v2neha
04-25 11:26 AM
hello folks,
I am switching jobs after an approved I140 and over 180 days from 485 receipt.
I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
- is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?
one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?
I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.
Thank you
Rex
Even if online address change thru AR-11 has not taken effect, post office will forward your mail to your new address for 12 months - make sure you fill out change of address form with postal dept immediately
I am switching jobs after an approved I140 and over 180 days from 485 receipt.
I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
- is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?
one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?
I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.
Thank you
Rex
Even if online address change thru AR-11 has not taken effect, post office will forward your mail to your new address for 12 months - make sure you fill out change of address form with postal dept immediately
kaisersose
05-07 01:26 PM
By virtue of your pending 485, you can stay unemployed for any length of time. But if/when CIS asks you for proof of a bonafide job offer, you should have one. Looking for a job at that time will not work.
more...
snhn
07-14 09:51 AM
suppose this SKIll bill is passed, probablly not this year since election are aboutto happen. what are the chances that EB3 worldwidw will become current when SKILL BILL goes into affect. I am sure there are majority of people here are Eb3 category.
What if someone is got a few monts left before they finsih the Masters, but their process in in EB3. Can they take advantage of this bill. Obviouslly one has to finish the degree first.
thaughts?
What if someone is got a few monts left before they finsih the Masters, but their process in in EB3. Can they take advantage of this bill. Obviouslly one has to finish the degree first.
thaughts?
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gondalguru
07-08 09:40 PM
BUT: mine is an NIW case so i think she wanted to prove continuous service since 2003 in this job (under served area), she also asked the employer for a payroll printout since january.
Hi Paskal:
I am NIW physician, EB2 India, PD 9/2004. Already completed 3 yrs and 10 months into MUA service. I changed the job in the same MUA 3 months ago.
Do I have to file an amended I-140 or no? I contacted two lawyers on this issue. One says yes and second says no. The second lawyer who is from very reputed law firm -- (shusterman.com) says u only need to respond to RFE for 1 yr and 5 yr of service and not send an updated I-140 especially if you stay in the same MUA / state. I don't know whom to believe? Any suggestions.
I went through NIW regulations published in federal register many times... but in the register it is not clear if you need to file amended I-140 if your first I-140 is self petition and you didn't change the underserved area.
Hi Paskal:
I am NIW physician, EB2 India, PD 9/2004. Already completed 3 yrs and 10 months into MUA service. I changed the job in the same MUA 3 months ago.
Do I have to file an amended I-140 or no? I contacted two lawyers on this issue. One says yes and second says no. The second lawyer who is from very reputed law firm -- (shusterman.com) says u only need to respond to RFE for 1 yr and 5 yr of service and not send an updated I-140 especially if you stay in the same MUA / state. I don't know whom to believe? Any suggestions.
I went through NIW regulations published in federal register many times... but in the register it is not clear if you need to file amended I-140 if your first I-140 is self petition and you didn't change the underserved area.
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wildcat1313
03-28 12:43 PM
Can anyone please respond? What should I do?
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mdforgc
02-23 05:43 AM
I had the same experience when I was trying to arrange state volunteers for IV to meet the lawmaker, I was asked questions to the same effect.. What and howmuch of IV resources are being spent for labor backlog elimination? It is stated in the agenda on the home page. A webfax for a letter writing campaing was suppsed to start, but has not started yet. I think IV should work onputting up the letter on the site for people to use to send to lawmakers.
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SGP
02-04 02:52 PM
Congrats on your freedom my friend. Fly like an Eagle. I am really happy to see a fellow member break open the shackles which were holding him back. Don't forget us and keep bumping up this thread for people like us.
God Bless.
$$$$$$$$$$$$$Good Afternoon GC$$$$$$$$$$$$$$$
If you will be benefited by �I-485 filing without current priority Date�, please vote YES on the Poll.
Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence, 5)Priority Date so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved
God Bless.
$$$$$$$$$$$$$Good Afternoon GC$$$$$$$$$$$$$$$
If you will be benefited by �I-485 filing without current priority Date�, please vote YES on the Poll.
Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence, 5)Priority Date so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved
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dc4opera
05-18 11:27 PM
I need some advice from the people on this board.
My labor certification was recently approved via PERM. My employer will soon be signing the paperwork to file the I-140 with INS. My contract with him expires in February 2007, and he wants me to continue working for him beyond that. I, however, have expressed my desire NOT to stay with him any longer than I need to. Obviously, I will need to stay until 6 months have passed from the filing of my I-485 for portability to kick in.
Because of this, he wants me to WAIT until January 2007 to file my I-485. This way he is assured that I will be working for him until June 2007. My question is, does he have any right to coerce me to wait until January 2007 to file the I-485?
I initially agreed to this delay in filing because I was under the impression that BOTH the I-140 and I-485 were to be filed by the employer, and that I-485 processing took about 6 months. Now that I have learned that the I-485 is to be filed by me and that I-485 processing can take more than a year, are there any downsides to me filing the I-485 earlier than January 2007 WITHOUT MY EMPLOYER KNOWING?
I realize that "honesty is the best policy" but the situation is truly untenable for me and I feel that he is purposely delaying the processing of my INS papers to keep me at his mercy. Another factor to consider is that the lawyer we will be using for the I-140 will be the same one who will file my I-485. Can I invoke attorney-client privilege with regards to the I-485 so that they cannot tell my employer that I filed it earlier than he wanted? For that matter, can I use a different lawyer to file the I-485 that the one who filed the I-140?
Any opinions and suggestions regarding this matter will be greatly appreciated. Thank you very much and good luck to all!
My labor certification was recently approved via PERM. My employer will soon be signing the paperwork to file the I-140 with INS. My contract with him expires in February 2007, and he wants me to continue working for him beyond that. I, however, have expressed my desire NOT to stay with him any longer than I need to. Obviously, I will need to stay until 6 months have passed from the filing of my I-485 for portability to kick in.
Because of this, he wants me to WAIT until January 2007 to file my I-485. This way he is assured that I will be working for him until June 2007. My question is, does he have any right to coerce me to wait until January 2007 to file the I-485?
I initially agreed to this delay in filing because I was under the impression that BOTH the I-140 and I-485 were to be filed by the employer, and that I-485 processing took about 6 months. Now that I have learned that the I-485 is to be filed by me and that I-485 processing can take more than a year, are there any downsides to me filing the I-485 earlier than January 2007 WITHOUT MY EMPLOYER KNOWING?
I realize that "honesty is the best policy" but the situation is truly untenable for me and I feel that he is purposely delaying the processing of my INS papers to keep me at his mercy. Another factor to consider is that the lawyer we will be using for the I-140 will be the same one who will file my I-485. Can I invoke attorney-client privilege with regards to the I-485 so that they cannot tell my employer that I filed it earlier than he wanted? For that matter, can I use a different lawyer to file the I-485 that the one who filed the I-140?
Any opinions and suggestions regarding this matter will be greatly appreciated. Thank you very much and good luck to all!
more...
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53885
05-12 01:02 PM
Sent to 40 media orgs in Nevada.
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singhsa3
07-20 04:44 PM
I will try to answer to the best of my knowledge but I am not an attorney.
Your case fall in family based 2A preference, the PD date on which is July'02, which implies people in your situation who applied in July'02 are being adjudicated. So obviously, thats not an option for you, if you want to come immediately.
You child can come here on vistor visa. The issue you will run into is that even though visa can be granted for 10 years but she cannot stay for longer than 6 months at a stretch and some months gap before re-entring in the USA.
Second option is writting to consulate and department of state to issue visa on compassionate grounds. Issuance of such visa is rare but they are there. You probably will need to show extreme hardship and very few (even attorneys) are in position to advise you on this matter.
So my suggestion will be to go to your nearset consulate and discuss the matter with consulate officer/visa officer.
I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
Your case fall in family based 2A preference, the PD date on which is July'02, which implies people in your situation who applied in July'02 are being adjudicated. So obviously, thats not an option for you, if you want to come immediately.
You child can come here on vistor visa. The issue you will run into is that even though visa can be granted for 10 years but she cannot stay for longer than 6 months at a stretch and some months gap before re-entring in the USA.
Second option is writting to consulate and department of state to issue visa on compassionate grounds. Issuance of such visa is rare but they are there. You probably will need to show extreme hardship and very few (even attorneys) are in position to advise you on this matter.
So my suggestion will be to go to your nearset consulate and discuss the matter with consulate officer/visa officer.
I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
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fall2004us
08-14 02:28 PM
I didnt know that you can send a single check for all applications.. ??
It would have been better if you had split the checks.
Dont worry they might accept it now.
It would have been better if you had split the checks.
Dont worry they might accept it now.
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martinvisalaw
04-26 04:25 PM
I agree with the posters who say that the employer is probably trying to frighten you. It is very difficult to restrict a person's right to work wherever they want - or to restrict an employer hiring whoever they want - especially in Texas. However, it is not really an immigration question. You or, ideally the client company, should see an employment lawyer here in Texas.
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GCwaitforever
08-15 10:58 AM
I am from India having masters in engineering and i have 9 years IT experience. Ofcourse my Lawyer filed in EB3 (in 2003) thinking that PD will be current in future. Now i140 cleared in EB3 . What next? Since i am in consulting company i don't have any problem sticking to company. Only problem is maintaining status. As long as i am in job no problem. Who knows market will be like this. I am just re thinking to go for EB2 filing. But not sure how many were able to clear Eb2 in PERM.How much salary required ? (My company located in Detroit).
See this and if it helps you courtesy Murthy.com (http://murthy.com/news/n_tscnsc.html)
Second I-140 Allowed without Revocation of Earlier I-140 Petition
The TSC confirmed that, in some cases it is possible for the employer to file two or more I-140 petitions for the same beneficiary, based on a single labor certification, in multiple EB categories. If the job requirements are proper for EB2, the case could be filed in either category. Thus, multiple I-140s could be filed in some cases. If the first was filed in EB3, there would be no need to withdraw it in order to file in EB2. The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition.
This could be quite helpful in situations where the I-140 petition is incorrectly filed in the wrong, lower category. We do hear about such instances from time to time. It seems that if the I-140 was filed in EB3, but the case would meet EB2, the TSC would permit the re-filing of the I-140 petition without revocation of the earlier EB3 filing.
See this and if it helps you courtesy Murthy.com (http://murthy.com/news/n_tscnsc.html)
Second I-140 Allowed without Revocation of Earlier I-140 Petition
The TSC confirmed that, in some cases it is possible for the employer to file two or more I-140 petitions for the same beneficiary, based on a single labor certification, in multiple EB categories. If the job requirements are proper for EB2, the case could be filed in either category. Thus, multiple I-140s could be filed in some cases. If the first was filed in EB3, there would be no need to withdraw it in order to file in EB2. The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition.
This could be quite helpful in situations where the I-140 petition is incorrectly filed in the wrong, lower category. We do hear about such instances from time to time. It seems that if the I-140 was filed in EB3, but the case would meet EB2, the TSC would permit the re-filing of the I-140 petition without revocation of the earlier EB3 filing.
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bugmenot
04-10 08:10 PM
THere are restrictions on applying H1B via multiple employers. THe candidate will be rejected outright. Read the recent guidance on the USCIS website. So hopefully we will not see multiple applications for the same person this year.
no ur confused, it was a restriction on multiple petitions by the same employer ,single petitions by multiple employer is legal and now abused , unfortunately
no ur confused, it was a restriction on multiple petitions by the same employer ,single petitions by multiple employer is legal and now abused , unfortunately
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insight08
02-01 02:22 PM
Please let me know whether my I-140 will be approved under EB3.I have 3 year bachelors degree(Maths) from India and 2yr diploma from Aptech. Your suggestions will be highly appreciated
Column 14
Education
Grade School : 8 years
High School : 4 years
College : 4 years
College Degree(Required) : Bachelor's Degree
Major Fied of Study : Computer Science*
Column 15
Travel and/or relocation required
*compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
--I have experienced this myself. You should be fine. Note in Column 15 is going to protect your case. There are 90% chances of not getting any RFE. Even if you do, any english speaking-reading-writing lawyer should get you out of this by writing a simple letter to the Immigration officer at NSC that they should look at column 15 again. "Any suitable combination of education, training or experience is acceptable".
Relax and enjoy!!!
Column 14
Education
Grade School : 8 years
High School : 4 years
College : 4 years
College Degree(Required) : Bachelor's Degree
Major Fied of Study : Computer Science*
Column 15
Travel and/or relocation required
*compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
--I have experienced this myself. You should be fine. Note in Column 15 is going to protect your case. There are 90% chances of not getting any RFE. Even if you do, any english speaking-reading-writing lawyer should get you out of this by writing a simple letter to the Immigration officer at NSC that they should look at column 15 again. "Any suitable combination of education, training or experience is acceptable".
Relax and enjoy!!!
snathan
03-31 04:24 PM
Client lawyers have advised against it. So vendor can't do anything. I'm still trying to see if they can fax it directly to the consulate or send it in seal envelope to them
Everyone from HR Head to Technology Heads are involved and are doing the best to help me. And then I'm just a contractor whom they can always kick to the curbside.
So the final option if everything else is not working...join your client and get the H1 transfer. So you dont need to lose your job and can come back soon
Everyone from HR Head to Technology Heads are involved and are doing the best to help me. And then I'm just a contractor whom they can always kick to the curbside.
So the final option if everything else is not working...join your client and get the H1 transfer. So you dont need to lose your job and can come back soon
Nil
11-13 12:06 AM
^^^^
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