kaushik07
10-30 02:46 PM
Hello Jsb, can you please give us more information on how to sign on for the Ombudsman's conference call for nov2nd.
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morpis
06-25 12:34 PM
Hello all,
I am not able to get my passport renewed. Indian consulate in Houston said that it will take atleast 4 weeks to get a passport.
Pl help. Can I go ahead and apply for my 485?
Also, would you know anything about copies of affidavits?
Pl reply. I am in serious bind.
Thanks.
I am not able to get my passport renewed. Indian consulate in Houston said that it will take atleast 4 weeks to get a passport.
Pl help. Can I go ahead and apply for my 485?
Also, would you know anything about copies of affidavits?
Pl reply. I am in serious bind.
Thanks.
snathan
05-17 05:02 PM
I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
Your new job duties must be more 50% than the current job...otherwise you can not file for new PERM
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
Your new job duties must be more 50% than the current job...otherwise you can not file for new PERM
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ivgclive
10-29 01:53 PM
Because,
You have been threatened
You have been fired
You have been unemployed...
...You want to try something against them. But what are we trying to prove?
Take it to court only if you think you want to sue them and get money. As other said, it is an expensive process on your side too.
If you just want to prove it is a "wrongful termination", you don't have to. In US eveyone knows what is "fired" means in this economy.
If you just want to be reinstated in the same position, it is difficult to continue the job in a private company, if they are not willing to employ you.
In few days, the urge will go away.
You will realise that your new job is much better than the one you left. Just enjoy.
You can lodge a complaint with DOL, USCIS, sue your employer, prove 'wrongful termination' etc. But unncessary load to carry.
Good luck with your new job.
Hi Guys,
I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?
Good news is another company has already applied for my H1 transfer.
I will appreciate all suggestions and advices for which I thank you in advance.
You have been threatened
You have been fired
You have been unemployed...
...You want to try something against them. But what are we trying to prove?
Take it to court only if you think you want to sue them and get money. As other said, it is an expensive process on your side too.
If you just want to prove it is a "wrongful termination", you don't have to. In US eveyone knows what is "fired" means in this economy.
If you just want to be reinstated in the same position, it is difficult to continue the job in a private company, if they are not willing to employ you.
In few days, the urge will go away.
You will realise that your new job is much better than the one you left. Just enjoy.
You can lodge a complaint with DOL, USCIS, sue your employer, prove 'wrongful termination' etc. But unncessary load to carry.
Good luck with your new job.
Hi Guys,
I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?
Good news is another company has already applied for my H1 transfer.
I will appreciate all suggestions and advices for which I thank you in advance.
more...
ssingh92
12-30 08:52 PM
If you can take direct non-stop flight then avoid the transit visa. Sending originals by mail is always risky. Just my advise.
meridiani.planum
12-31 02:07 PM
Please do not hurt any ones feelings and sentiments (think about your self in that situation and then answer.
People come to IV because they think that there are some good people who would suggest and help.
And please remember one thing, if you are in a hurry and dont have time. you would not think about browing or searching, but post your quesiton. And who knows he might have even done his browsing and asking for experts opinion.
And IV is an org and it at their wish and will of individual whether to contribute or not.
so please do not force any one.
Good luck to you.
Eric S Raymond (ESR to all open-source aficionados) wrote a very interesting article (well, its almost a thesis) on the topic of asking questions on a mailing list:
http://www.catb.org/~esr/faqs/smart-questions.html
Most of it applies to technical forums and mailing lists, but I think the first section (linked below) also applies to IV:
http://www.catb.org/~esr/faqs/smart-questions.html#before
As we get past Jan 2nd (the ~180 day mark for July filers), everyday we see three or four threads from people asking the same questions on AC-21. A simple Google search (or even the nice search-threads option on this forum) would have helped those people. Two things from that ESR article that I wish all posters understood:
When you ask your question, display the fact that you have done these things first; this will help establish that you're not being a lazy sponge and wasting people's time.
Never assume you are entitled to an answer. You are not; you aren't, after all, paying for the service. You will earn an answer, if you earn it, by asking a substantial, interesting, and thought-provoking question � one that implicitly contributes to the experience of the community rather than merely passively demanding knowledge from others.
People come to IV because they think that there are some good people who would suggest and help.
And please remember one thing, if you are in a hurry and dont have time. you would not think about browing or searching, but post your quesiton. And who knows he might have even done his browsing and asking for experts opinion.
And IV is an org and it at their wish and will of individual whether to contribute or not.
so please do not force any one.
Good luck to you.
Eric S Raymond (ESR to all open-source aficionados) wrote a very interesting article (well, its almost a thesis) on the topic of asking questions on a mailing list:
http://www.catb.org/~esr/faqs/smart-questions.html
Most of it applies to technical forums and mailing lists, but I think the first section (linked below) also applies to IV:
http://www.catb.org/~esr/faqs/smart-questions.html#before
As we get past Jan 2nd (the ~180 day mark for July filers), everyday we see three or four threads from people asking the same questions on AC-21. A simple Google search (or even the nice search-threads option on this forum) would have helped those people. Two things from that ESR article that I wish all posters understood:
When you ask your question, display the fact that you have done these things first; this will help establish that you're not being a lazy sponge and wasting people's time.
Never assume you are entitled to an answer. You are not; you aren't, after all, paying for the service. You will earn an answer, if you earn it, by asking a substantial, interesting, and thought-provoking question � one that implicitly contributes to the experience of the community rather than merely passively demanding knowledge from others.
more...
ItIsNotFunny
09-23 10:15 AM
I don't get it - where are the rest of the 2468 members?
Can we send out a blast (through Pappu) to everyone on this forum?
Our need will be felt much more strongly is ALL of us participate - right guys? I'm kind of shocked that the number is only 32!!!!
Those are the people who don't deserve GC!
Can we send out a blast (through Pappu) to everyone on this forum?
Our need will be felt much more strongly is ALL of us participate - right guys? I'm kind of shocked that the number is only 32!!!!
Those are the people who don't deserve GC!
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GC4US
08-29 01:05 PM
Actually it was before July 30 that you could send it to either service center, but like I said earlier, with all the internal transfering that's going on, hopefully you'll be ok.
I found this link, please see and tell me what is your interpretation:
http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
The effective date of the �Direct Filing� instructions for all of forms I-129F, I-131, I-140, I-360, I-485,
I-765 and I-907 is July 30, 2007, and coincides with the effective date of the fee increase for all immigration benefit applications and petitions. During the first 30 days of �Direct Filing� (July 30 to August 28), USCIS will not reject any form incorrectly filed at the prior filing location. However, applicant must include the correct fee and must meet all other requirements for a proper filing. Beginning on or after August 29, 2007, USCIS will reject any of the forms listed above that are filed with the incorrect filing location. Those rejected and returned forms will include the fee and instructions for proper filing.
Effective July 30, 2007.
Please share your opinion about this....I really want to make sure that I'm safe.
Thanks in advance.
I found this link, please see and tell me what is your interpretation:
http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
The effective date of the �Direct Filing� instructions for all of forms I-129F, I-131, I-140, I-360, I-485,
I-765 and I-907 is July 30, 2007, and coincides with the effective date of the fee increase for all immigration benefit applications and petitions. During the first 30 days of �Direct Filing� (July 30 to August 28), USCIS will not reject any form incorrectly filed at the prior filing location. However, applicant must include the correct fee and must meet all other requirements for a proper filing. Beginning on or after August 29, 2007, USCIS will reject any of the forms listed above that are filed with the incorrect filing location. Those rejected and returned forms will include the fee and instructions for proper filing.
Effective July 30, 2007.
Please share your opinion about this....I really want to make sure that I'm safe.
Thanks in advance.
more...
santa123
10-06 08:41 PM
I just read about someone in San Fernando who killed his family and himself because he didn't have a job.
Please reach out to your friends in times of difficulty....the world is not going to end if you don't have a job OR if you there are delays in getting your GC..the world is a wonderful place and still full of opportunity - to add value, to help others etc...you may need to reach out to your friends for help to find your calling or the next opportunity....please don't be desperate....and please ask for help. we all have so many things to be happy and thankful for...
Cheers!!
Well said... the economy will rebound as time progresses. Let us hope and pray it happens quickly.
Please reach out to your friends in times of difficulty....the world is not going to end if you don't have a job OR if you there are delays in getting your GC..the world is a wonderful place and still full of opportunity - to add value, to help others etc...you may need to reach out to your friends for help to find your calling or the next opportunity....please don't be desperate....and please ask for help. we all have so many things to be happy and thankful for...
Cheers!!
Well said... the economy will rebound as time progresses. Let us hope and pray it happens quickly.
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amits
12-18 10:38 PM
Hi All,
Me and my wife are traveling to India. We are going for visa re-stamping (consular processing).
Based on the information provided below, can you provide lists of forms/docs that we're supposed to carry with us when we visit the consulate for stamping?
THANKS IN ADVANCE!
- Amit
My visa:
- I entered on H1B. Then I had to change employer so visa was transfered (And they extended it for another 2.5years). So now I have a H1B visa which is valid till June 2009, and passport with expired H1B stamp.
- With the new employer - I've an approved PERM. I140 is pending. I485 is filed. EAD received. Do I need to take approval notices and/or receipt notices of any/all of these stages?
My Wife's visa:
- she entered on H4. Now she has a H1B visa which is valid up 2010, and passport with expired H4 stamp.
Is she required to take approval notices and/or receipt notices of i485.. or my PERM or i140?
Me and my wife are traveling to India. We are going for visa re-stamping (consular processing).
Based on the information provided below, can you provide lists of forms/docs that we're supposed to carry with us when we visit the consulate for stamping?
THANKS IN ADVANCE!
- Amit
My visa:
- I entered on H1B. Then I had to change employer so visa was transfered (And they extended it for another 2.5years). So now I have a H1B visa which is valid till June 2009, and passport with expired H1B stamp.
- With the new employer - I've an approved PERM. I140 is pending. I485 is filed. EAD received. Do I need to take approval notices and/or receipt notices of any/all of these stages?
My Wife's visa:
- she entered on H4. Now she has a H1B visa which is valid up 2010, and passport with expired H4 stamp.
Is she required to take approval notices and/or receipt notices of i485.. or my PERM or i140?
more...
kennyc
May 25th, 2005, 02:09 AM
Josh, I'm so blown away by those atomic bomb looking clouds that I never even got to the one with the deer! (Nik had some atomic bombs over a barn last week also). I think you make all the relevent points; the first 2 certainly can benefit from some post processing in Photoshop. Those clouds are really it, but the needed something else to frame it, branches, grasses, something. I noticed that the horizon was treed, so assumed that the shore on which Kenny was standing had some trees, I "framed" the pic as if it were shot with trees framing it. Attached is the result which shows how finding objects to create a "frame" for the picture can make a world of difference. Also, I had to guess at the actual sunset color scheme. Since I wasn't there, I opted for the most dramatic. (hope you don't mind me messing with your pic Kenny, but it lent itself well to the discussion of framing and processing and illustrates better than words what I am getting at).
Other than higlighting a few things, I kind of like the deer one the way it is. It's almost a "where's Waldo", but that's what I like about it. Nature itself plays the "where's Waldo" game on us.
Thanks. These are pretty much "straight" the one with the deer is cropped, but the others are straight from the camera. There actually weren't many trees on the shore where I took this but I agree with the framing/forground comment and example but you also destroyed the "mushroom" cloud. :)
KAC
P.S. I thought the first too were a bit dark, but didn't like them at all when I increased the brightness so basically left them.
Other than higlighting a few things, I kind of like the deer one the way it is. It's almost a "where's Waldo", but that's what I like about it. Nature itself plays the "where's Waldo" game on us.
Thanks. These are pretty much "straight" the one with the deer is cropped, but the others are straight from the camera. There actually weren't many trees on the shore where I took this but I agree with the framing/forground comment and example but you also destroyed the "mushroom" cloud. :)
KAC
P.S. I thought the first too were a bit dark, but didn't like them at all when I increased the brightness so basically left them.
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indyanguy
01-14 09:14 PM
Thanks for all the replies.
All big cities have MIT Enterprise Forum chapters, you can meet and network with a lot of accomplished people there. There are plenty volunteer opportunities.
ampudhukode- I have sent you a PM.
All big cities have MIT Enterprise Forum chapters, you can meet and network with a lot of accomplished people there. There are plenty volunteer opportunities.
ampudhukode- I have sent you a PM.
more...
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pnara2
01-03 09:20 PM
Just think that you read a joke!
US Govt will try and squeeze every single penny whereever possible, especially, considering the high unemployment rates lingering around lately!
Infact Indian govt should learn how to milk money from the US corporates who operate in India. Probably they do now but unfortunately the benefits are not reaped by the common masses in india!
US Govt will try and squeeze every single penny whereever possible, especially, considering the high unemployment rates lingering around lately!
Infact Indian govt should learn how to milk money from the US corporates who operate in India. Probably they do now but unfortunately the benefits are not reaped by the common masses in india!
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little_willy
02-23 11:25 AM
If you currently have health insurance, you can continue it using COBRA in case of a layoff. With the recent stimulus bill, the premiums has been slashed by 65% for 9 months which is significant.
more...
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mrdelhiite
07-06 11:17 AM
Here is what happened - The actual name contains "ee" instead of "i" and is represented in the birth/marriage certificate. On the other hand the university where my wife studied moved to computerized certificates during her college years and change all "ee"'s to "i". So when she applied for her passport she put "i" in the application as the graduation certificate is the most important document for ECNR and that contained an "i". She may have put in a sworn statement stating that *ee*** and *i*** are one and the same person and got it attested by witnesses but I don't remember clearly because that was 14 years ago.
Any help please.............
The first thing i suggest is to find out how much time you have to reply to a RFE. I am not sure about this ...google or search forum and u will get a answer. If you have 1 or 2 months u can follow change of name procedure and change ur name to any one and also get it changed in passport ( by giving ad in newspaper in India and US)......
-M
Any help please.............
The first thing i suggest is to find out how much time you have to reply to a RFE. I am not sure about this ...google or search forum and u will get a answer. If you have 1 or 2 months u can follow change of name procedure and change ur name to any one and also get it changed in passport ( by giving ad in newspaper in India and US)......
-M
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eb3_nepa
04-30 10:17 AM
This is not a very meaningful statement. Do you intend to say that a person on H4 cannot cook or clean his/her house? These are also clearly "work".
Only meaningful restriction can be that a person on H4 cannot be engaged in an employer-employee relationship with a US company. In other words, a US company/individual cannot pay this individual for his/her work. Whether an Indian company is paying his/her cannot be controlled by the US laws. If that person, say, goes everyday to a physical office on the US and works there, then one may try to argue that it is really the US based branch who is paying him/her, which will be a violation. However, if s/he telecommutes from her home to India, then I really fail to see how can s/he be violating anything.
The bottomline is that all argument boils down to the definition of "work". Do you have a reference that defines the word "work" in the context of H visa?
Excellent points!
Actually this should DEFINITELY be a question to the Attorney in the next confernece call. What is the actual "law" on the H4s when you say you cannot work does it mean you cannot work for a US employer or yuo cant get paid inside the US?
Only meaningful restriction can be that a person on H4 cannot be engaged in an employer-employee relationship with a US company. In other words, a US company/individual cannot pay this individual for his/her work. Whether an Indian company is paying his/her cannot be controlled by the US laws. If that person, say, goes everyday to a physical office on the US and works there, then one may try to argue that it is really the US based branch who is paying him/her, which will be a violation. However, if s/he telecommutes from her home to India, then I really fail to see how can s/he be violating anything.
The bottomline is that all argument boils down to the definition of "work". Do you have a reference that defines the word "work" in the context of H visa?
Excellent points!
Actually this should DEFINITELY be a question to the Attorney in the next confernece call. What is the actual "law" on the H4s when you say you cannot work does it mean you cannot work for a US employer or yuo cant get paid inside the US?
more...
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needhelp!
10-25 12:57 PM
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jthomas
10-04 05:13 PM
I got my visa stamping from mumbai conuslate. Its pretty easy. Take an appointment through VFS by getting a HDFC bank receipt after paying the fee. Check on the VFS site when is the available date. and then follow the link and book the appointment. You will get forms which are populated. If you have any mistakes in the form i think you can correct it at the mumbai consulate too. When you enter the consulate they will hand you the original form which you filled and then ask you to fill whatever you had missed out using your pen. you have to wait till your number calls out and then you get visa stamped and passport posted.
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va_labor2002
06-22 03:20 PM
Mr. Vayalar Ravi , Minister of Overseas Indian Affairs,is coming to USA on June 27,2006. He is coming to Washington DC on July 4 to meet Indian Ambassador and Indian community. We should try to meet him personally and explain the problems we are facing. He can talk to US counterparts and do something for us.
Let us organize an event to meet him on July 4. Since It is a holiday, lot of people can meet him and chat with him.
Just an assessment on where we are collectively as a group:
312 new members in June 2006
1100 new members in May 2006
1400 new members in April 2006
1000 new members in March 2006
400 new members in February 2006
600 new members in January 2006
4812 in total membership.
Each one of us should personally get involved in engaging legal immigrants who are affected by the retrogression problem. It is hard to imagine that there are 6-figure number of people in retrogression but there are less than 5-figure number (4812) of people participating in this voluntary effort undertaken by IV.
Please talk to people around you and make them aware of the situation. Creating an account in IV and clicking a button to send web faxes is the least these people can do for their own benefit.
I'm sure that IV core will also become stronger and can gain more leverage during negotiations/lobbying with the appropriate authorities.
On a side note, please have some faith in the strategic decisons made by IV core. I understand that a lot of people here are desperate to see some progress but I personally feel that IV core is on a great strategic path to acheive our goals. In the mean time, if each of us can do our part by recruiting 10 people to join IV by the end of July. We will be stronger and more effective.
Just imagine if our membership is close to 50000 by the end of July, we can take a rally just like the Irish lobby group. Ours will be much legitimate because we are not rallying for illegal immigrants, unlike them. So divert your time resources in the next month in achieving this goal and leave the strategic decision making to IV Core and QGA.
Peace out!
Let us organize an event to meet him on July 4. Since It is a holiday, lot of people can meet him and chat with him.
Just an assessment on where we are collectively as a group:
312 new members in June 2006
1100 new members in May 2006
1400 new members in April 2006
1000 new members in March 2006
400 new members in February 2006
600 new members in January 2006
4812 in total membership.
Each one of us should personally get involved in engaging legal immigrants who are affected by the retrogression problem. It is hard to imagine that there are 6-figure number of people in retrogression but there are less than 5-figure number (4812) of people participating in this voluntary effort undertaken by IV.
Please talk to people around you and make them aware of the situation. Creating an account in IV and clicking a button to send web faxes is the least these people can do for their own benefit.
I'm sure that IV core will also become stronger and can gain more leverage during negotiations/lobbying with the appropriate authorities.
On a side note, please have some faith in the strategic decisons made by IV core. I understand that a lot of people here are desperate to see some progress but I personally feel that IV core is on a great strategic path to acheive our goals. In the mean time, if each of us can do our part by recruiting 10 people to join IV by the end of July. We will be stronger and more effective.
Just imagine if our membership is close to 50000 by the end of July, we can take a rally just like the Irish lobby group. Ours will be much legitimate because we are not rallying for illegal immigrants, unlike them. So divert your time resources in the next month in achieving this goal and leave the strategic decision making to IV Core and QGA.
Peace out!
geve
11-08 01:45 PM
Austin, Houstin and Dalls not less than 10000 H1B candiadates. Atleaset target for 1000 (10%).
Come on guys.
Come on guys.
pvganesh
10-28 01:17 AM
Thanks again for your advice..
I have experience as 'systems analyst' continuously but job duties/responsibilities increased over last 7 years; during this time received multiple trainings, certifications, outstanding performer awards and traveled other countries for work etc. Will these help in proving 'progressive experience? My PERM requires Masters or 60 months of experience in any of the positions; programmer or IT analyst or systems analyst. Would it be sufficient in this case, if we can reflect progressive job duties in experience letters.
I have seen in many forum posts that affidavits from co-workers at client location (not colleagues) are valid, is this really true?
I'm planning to have a consultation with an attorney for a second opinion on this and discuss the strategy, how this petition should be filed, do you recommend?
Thanks in advance.
PVGanesh
I have experience as 'systems analyst' continuously but job duties/responsibilities increased over last 7 years; during this time received multiple trainings, certifications, outstanding performer awards and traveled other countries for work etc. Will these help in proving 'progressive experience? My PERM requires Masters or 60 months of experience in any of the positions; programmer or IT analyst or systems analyst. Would it be sufficient in this case, if we can reflect progressive job duties in experience letters.
I have seen in many forum posts that affidavits from co-workers at client location (not colleagues) are valid, is this really true?
I'm planning to have a consultation with an attorney for a second opinion on this and discuss the strategy, how this petition should be filed, do you recommend?
Thanks in advance.
PVGanesh
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