vinodmp
02-07 08:50 AM
I would also check if your original GC sponsoring employer (Company A) is not involved in any fraud investigations by USCIS. In which case, USCIS can revoke an approved I-140 without any notice on the basis of fraud, which would automatically lead to your I-485 denial. I-140 online status may or may not change in such cases. Your case being in extended review is raising some flags. Do you know anything about the kind of extended review that was going on. Your lawyer on file, as well as you should get a copy of the notice. Make sure no communication was sent to the lawyer from Company A. Sometimes USCIS does not update the lawyer information even though a new G-28 is submitted. You will have to just wait for the denial notice. Send an email to info at immigrationvoice dot com so IV can get in touch with you to help.
I do not believe original employer was involved in any Fraud but he did have financial trouble ( paying salary after 2 months , check bounce etc - that is the main reason I left) .
That company is MSU software based in Iowa ( just in case if anyone knows about it ) .
I tried several times approaching USCIS as well as Congressman's office to find the details of delay / extended review status etc but all I got was we need to wait until the review is complete.
I had switched attorney as soon as I joined company B and they AC21 and I have copy of the all the docs including the letter requesting to remove the old company A attorney . Also last my company B changed the attorney firm to a different one and they did sent a new G28 for that .
I am kind of stressed until I see the letter which is going to be delayed because of the snow Storm :( .
I have sent the email to info@immigrationvoice.com just now.
Thanks folks for all your support. it really helps that some is there to here the concerns and provide suggestions .
-vinod
I do not believe original employer was involved in any Fraud but he did have financial trouble ( paying salary after 2 months , check bounce etc - that is the main reason I left) .
That company is MSU software based in Iowa ( just in case if anyone knows about it ) .
I tried several times approaching USCIS as well as Congressman's office to find the details of delay / extended review status etc but all I got was we need to wait until the review is complete.
I had switched attorney as soon as I joined company B and they AC21 and I have copy of the all the docs including the letter requesting to remove the old company A attorney . Also last my company B changed the attorney firm to a different one and they did sent a new G28 for that .
I am kind of stressed until I see the letter which is going to be delayed because of the snow Storm :( .
I have sent the email to info@immigrationvoice.com just now.
Thanks folks for all your support. it really helps that some is there to here the concerns and provide suggestions .
-vinod
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Canadian_Dream
04-21 02:05 PM
Hmm, What part of the words "Good, Reliable and Comprehensive" you did not understand.
Health insurance is not an issue these days as there are several indian firms covering it for foreign travel
Health insurance is not an issue these days as there are several indian firms covering it for foreign travel
eeezzz
01-15 02:17 PM
However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down.
I don't think this is true. As a CSR, case is assigned to you, not you choose the case. I think it's the same way to IOs. PD current cases will be assigned to IO, not IO looks into paper mountains to find case to adjust.
That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
And about this, it's not abut skip or not either. Visa Office decides the date, CIS does the work. When CIS doesn't output enough work, VO thinks CIS doesn't have enough cases so they move dates forward. Direct result is therefore CP is able to process any cases that is current in hand. When this happens, more approval numbers will show, but that has nothing to do with CIS. CIS basically still process about the same amount of cases as usual.
I don't think this is true. As a CSR, case is assigned to you, not you choose the case. I think it's the same way to IOs. PD current cases will be assigned to IO, not IO looks into paper mountains to find case to adjust.
That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
And about this, it's not abut skip or not either. Visa Office decides the date, CIS does the work. When CIS doesn't output enough work, VO thinks CIS doesn't have enough cases so they move dates forward. Direct result is therefore CP is able to process any cases that is current in hand. When this happens, more approval numbers will show, but that has nothing to do with CIS. CIS basically still process about the same amount of cases as usual.
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rbharol
11-10 12:20 PM
Ever since the Do-Nothing(Specially about immigration) congress is ousted,
I hear more about Immigration on various news channels.
This is a good news for sure.
Something positive will definitely happen in coming few months.
I hear more about Immigration on various news channels.
This is a good news for sure.
Something positive will definitely happen in coming few months.
more...
kaisersose
07-09 12:24 PM
My only concern is AC21 letters not getting into your file and USCIS issuing a NOID or a denial.
Other than notifying CIS of our job change, there is nothing else we can do. If it results in a denial, it is easy enough to reverse that, so I would not worry about it.
I am changing jobs in 2 weeks. As I said earlier, I am prepared for my employer revoking the 140 and CIS denying my 485 by mistake. At this point, I am not even bothering to notify CIS about my job change.
Other than notifying CIS of our job change, there is nothing else we can do. If it results in a denial, it is easy enough to reverse that, so I would not worry about it.
I am changing jobs in 2 weeks. As I said earlier, I am prepared for my employer revoking the 140 and CIS denying my 485 by mistake. At this point, I am not even bothering to notify CIS about my job change.
vivache
09-25 09:25 PM
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EB3_SEP04
05-29 02:10 AM
Kavya Shivshankar won the spelling bee 2009
http://www.cnn.com/2009/US/05/28/national.spelling.bee/
I watched the entire fiinal. Apart from kavya my favorites were Kyle Mou and Tim ruiter. This was Kyle's last chance, but I hope Tim wins next year.
Just thinking aloud : Out of 11 finalist 8 were kids of immigrant parents (7 of them indian). is it just co-incidence ?
I hope after watching this, americans should now have no doubts that imiigrants are here not because they work for less but because they are good at what they do and they are hard working people.
http://www.cnn.com/2009/US/05/28/national.spelling.bee/
I watched the entire fiinal. Apart from kavya my favorites were Kyle Mou and Tim ruiter. This was Kyle's last chance, but I hope Tim wins next year.
Just thinking aloud : Out of 11 finalist 8 were kids of immigrant parents (7 of them indian). is it just co-incidence ?
I hope after watching this, americans should now have no doubts that imiigrants are here not because they work for less but because they are good at what they do and they are hard working people.
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eb3retro
02-28 03:46 PM
Made my second contribution today. I am telling this for those members who have not contributed yet, that this is the LEAST we can do to help those IV folks who are fighting for a common cause for all of us. Please if someone is reading this message and who have not contributed before, please do so, it helps you and all. Thanks IV folks for doing a great job.
more...
willwin
09-23 12:08 PM
Keep calling
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learning01
04-26 07:10 AM
Two days back I searched "Immigration Voice" and "immigrationvoice.org", it gave no results. As I posted in this thread (http://immigrationvoice.org/forum/showthread.php?p=9527#post9527) here on IV, I suggested that we should modify the meta tags of IV site and expose them to search engines.
While I am awaiting those changes, I did the same search again at Google. The first 2 results are for immigrationvoice.org
This is indeed a transformation.
Search Google for Immigration Voice (http://www.google.com/search?sourceid=gmail&q=%22Immigration%20Voice%22)
Search Google for immigrationvoice.org (http://www.google.com/search?hl=en&lr=&q=immigrationvoice.org&btnG=Search)
Readers, click each of the above links and see the results for yourselves (and improve the search rank, by clicking)
While I am awaiting those changes, I did the same search again at Google. The first 2 results are for immigrationvoice.org
This is indeed a transformation.
Search Google for Immigration Voice (http://www.google.com/search?sourceid=gmail&q=%22Immigration%20Voice%22)
Search Google for immigrationvoice.org (http://www.google.com/search?hl=en&lr=&q=immigrationvoice.org&btnG=Search)
Readers, click each of the above links and see the results for yourselves (and improve the search rank, by clicking)
more...
gcisadawg
03-27 01:12 AM
I got red with a message "so negative" for my post where I tried to be realistic.
I guess people dont want to hear the truth! :(
I guess people dont want to hear the truth! :(
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snathan
04-21 02:26 PM
wow and the mocking continues...
Either the OP is posting for time pass or need to read the Immigration for Dummies...
Either the OP is posting for time pass or need to read the Immigration for Dummies...
more...
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Macaca
08-13 09:52 PM
Employment Based (EB) Green Card (GC) Laws
The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3). Each country gets 9800 GCs (~4K families) + unused GCs (in the last quarter) from other countries, if any.
GCs unused in a year can not be reused in following years. There were 376, 345 unused GCs from 1992-2005 (page 34); 50K were recaptured for Schedule A from 01-04 and 107, 586 were recaptured for family based.
The Citizenship and Immigration Services (CIS) Ombudsman Annual Report 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf) estimates (page 35) the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
There were ~1M pending AOS applications as of March’07. (pages 11 and 14 of Ombudsman's report)
USCIS can not determine the exact number of pending applications and a breakdown of pending applications by number of months pending and application type. Further, USCIS is not making any effort to determine these numbers. (page 13 of Ombudsman's report)
Administrative Delays
USCIS is 90% funded by application fees and is short of resources.
So far EAD renewal has been taking ?? months. With the additional applications it will take ?? months and we will have to apply for renewal after ?? months.
FBI name checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits. (page 37 of Ombudsman's report)
As of May 2007, USCIS had 329,160 pending name check cases, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. (page 37 of Ombudsman's report)
The backlog appears likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.(Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
USCIS has limited capability to produce reports detailing the status of long-pending name check cases. In addition, USCIS systems do not automatically indicate when a delayed name check is complete and the case can be adjudicated. Often, this leads to a situation where the validity of other checks expire before USCIS reviews the case. Those other checks then need to be reinitiated, adding financial and time costs for applicants and USCIS. (page 43 of Ombudsman's report)
Since 2001 FBI has intensified the scrutiny of immigrants with high-technology backgrounds. (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
What does it mean?
There will be 1.4M+ AOS applications by Aug 17 which will take 1.4M/140K = 10+ years. Thus, priority dates will remain retrogressed for several years.
Those who could not file AOS will wait for several years.
EAD/AP is valid for 1 year: long cycle of EAD/AP renewals.
If your EAD is not renewed in time, you will have to stop working,
Several employers (and rightly so) view EAD as a temporary permit and are reluctant to hire you.
You need to be in the same position with same job responsibilities for an indefinite time period otherwise your GC application will be rejected.
If you were unmarried at the time of filing, you will need to continue on current status (e.g. H-1B) otherwise you cannot bring your spouse.
Executive and Legislative Efforts
The only solution is to change laws to increase EB GC numbers.
EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM, ...). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
IV Hill Lobbying: manager's ammendment (http://immigrationvoice.org/forum/showthread.php?t=948&highlight=manager%27s+amendment) in CIR 2006, July 2007 Visa bulletin reversal (http://immigrationvoice.org/forum/showthread.php?t=10097&highlight=huge+development).
Always ahead of others (http://immigrationvoice.org/forum/showthread.php?t=12135).
IV grassroot effort (flower campaign (http://immigrationvoice.org/forum/showpost.php?p=106384&postcount=683) + San Jose Rally (http://immigrationvoice.org/forum/showpost.php?p=114554&postcount=738)) was an important reason for retraction of July Visa Bulletin.
Your options: a) Struggle for several years b) Leave USA c) Help yourself by joining IV
The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3). Each country gets 9800 GCs (~4K families) + unused GCs (in the last quarter) from other countries, if any.
GCs unused in a year can not be reused in following years. There were 376, 345 unused GCs from 1992-2005 (page 34); 50K were recaptured for Schedule A from 01-04 and 107, 586 were recaptured for family based.
The Citizenship and Immigration Services (CIS) Ombudsman Annual Report 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf) estimates (page 35) the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
There were ~1M pending AOS applications as of March’07. (pages 11 and 14 of Ombudsman's report)
USCIS can not determine the exact number of pending applications and a breakdown of pending applications by number of months pending and application type. Further, USCIS is not making any effort to determine these numbers. (page 13 of Ombudsman's report)
Administrative Delays
USCIS is 90% funded by application fees and is short of resources.
So far EAD renewal has been taking ?? months. With the additional applications it will take ?? months and we will have to apply for renewal after ?? months.
FBI name checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits. (page 37 of Ombudsman's report)
As of May 2007, USCIS had 329,160 pending name check cases, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. (page 37 of Ombudsman's report)
The backlog appears likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.(Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
USCIS has limited capability to produce reports detailing the status of long-pending name check cases. In addition, USCIS systems do not automatically indicate when a delayed name check is complete and the case can be adjudicated. Often, this leads to a situation where the validity of other checks expire before USCIS reviews the case. Those other checks then need to be reinitiated, adding financial and time costs for applicants and USCIS. (page 43 of Ombudsman's report)
Since 2001 FBI has intensified the scrutiny of immigrants with high-technology backgrounds. (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
What does it mean?
There will be 1.4M+ AOS applications by Aug 17 which will take 1.4M/140K = 10+ years. Thus, priority dates will remain retrogressed for several years.
Those who could not file AOS will wait for several years.
EAD/AP is valid for 1 year: long cycle of EAD/AP renewals.
If your EAD is not renewed in time, you will have to stop working,
Several employers (and rightly so) view EAD as a temporary permit and are reluctant to hire you.
You need to be in the same position with same job responsibilities for an indefinite time period otherwise your GC application will be rejected.
If you were unmarried at the time of filing, you will need to continue on current status (e.g. H-1B) otherwise you cannot bring your spouse.
Executive and Legislative Efforts
The only solution is to change laws to increase EB GC numbers.
EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM, ...). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
IV Hill Lobbying: manager's ammendment (http://immigrationvoice.org/forum/showthread.php?t=948&highlight=manager%27s+amendment) in CIR 2006, July 2007 Visa bulletin reversal (http://immigrationvoice.org/forum/showthread.php?t=10097&highlight=huge+development).
Always ahead of others (http://immigrationvoice.org/forum/showthread.php?t=12135).
IV grassroot effort (flower campaign (http://immigrationvoice.org/forum/showpost.php?p=106384&postcount=683) + San Jose Rally (http://immigrationvoice.org/forum/showpost.php?p=114554&postcount=738)) was an important reason for retraction of July Visa Bulletin.
Your options: a) Struggle for several years b) Leave USA c) Help yourself by joining IV
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eb3retro
11-14 11:09 PM
Lately i see a lot of new members coming up in the forum, with lots of questions about their problems that they are facing. And lots of good hearted IV members also give their diligent answers for them. One hand I am glad IV is getting new members, on the other hand i am wondering where were these members all these days.
Please don't get me wrong, As much as I like new members joining in the forum to get answers for their questions, I also would expect them to take part in any the activities or initiatives that IV is undertaking. Therefore I urge, every new member to volunteer in the IV activities and be an active member of IV and be a participating member, so that IV helps you and you help IV. Having said that, new members, WELCOME TO IV, post your questions and I am sure you will get good answers from many good hearts in IV.
Please don't get me wrong, As much as I like new members joining in the forum to get answers for their questions, I also would expect them to take part in any the activities or initiatives that IV is undertaking. Therefore I urge, every new member to volunteer in the IV activities and be an active member of IV and be a participating member, so that IV helps you and you help IV. Having said that, new members, WELCOME TO IV, post your questions and I am sure you will get good answers from many good hearts in IV.
more...
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terriblething
06-12 10:38 AM
Thanks for your advice, buddy.
My attorney told me that DA offer is not negotiable if just from my attorney side. I knew they have not good relationship, probably they have too much un-happy fight experience before. As before my pre-trial conference, he mentioned she (DA) does not like him. :(
So that day my attorney give me 2 choice, go Trial or accept offer, I select first one. We already set a trial date at July. We have problem on strategy I think.
Yesterday, I have conference with my attorney, he told me he could try to get that offer back. I don't know if trial already set, I can still change idea??? My attorney suggest my wife mail that DA directly and tell her the truth and see if that can help reduce or dismiss the charge. Now we prepared on this.
One more thing, my charge is level 1 misdemeanor, not felony. Is that same excuse for deportation right away? What BIA stands for?
Thanks!!!!!!
This is a serious matter. Make sure that you have an attorney that understands both the immigration and criminal consequences of this charge. From your description it sounds like your attorney is just a criminal attorney.
NEVER NEVER plead guilty to this charge. Force your attorney to meet with the DA and try to get a Pre-trial diversion (in which you do not have to admit your guilt in any fashion, volunteer to do extra community service if the need be). The definition of "Aggravated Felony" is much more stricter than any state's version of Felony. On top of it all in the eyes of BIA judge this is a Domestic Battery (No matter what the state charge indicates), making you deportable right away.
I don't want to scare you but whatever happens you should not plead guilty to this charge. If nothing works out you are better of taking you chances with the trial (Especially since your wife can back you on your story).
I hope this helps... Get a competent lawyer who understands the gravity of the situation.
My attorney told me that DA offer is not negotiable if just from my attorney side. I knew they have not good relationship, probably they have too much un-happy fight experience before. As before my pre-trial conference, he mentioned she (DA) does not like him. :(
So that day my attorney give me 2 choice, go Trial or accept offer, I select first one. We already set a trial date at July. We have problem on strategy I think.
Yesterday, I have conference with my attorney, he told me he could try to get that offer back. I don't know if trial already set, I can still change idea??? My attorney suggest my wife mail that DA directly and tell her the truth and see if that can help reduce or dismiss the charge. Now we prepared on this.
One more thing, my charge is level 1 misdemeanor, not felony. Is that same excuse for deportation right away? What BIA stands for?
Thanks!!!!!!
This is a serious matter. Make sure that you have an attorney that understands both the immigration and criminal consequences of this charge. From your description it sounds like your attorney is just a criminal attorney.
NEVER NEVER plead guilty to this charge. Force your attorney to meet with the DA and try to get a Pre-trial diversion (in which you do not have to admit your guilt in any fashion, volunteer to do extra community service if the need be). The definition of "Aggravated Felony" is much more stricter than any state's version of Felony. On top of it all in the eyes of BIA judge this is a Domestic Battery (No matter what the state charge indicates), making you deportable right away.
I don't want to scare you but whatever happens you should not plead guilty to this charge. If nothing works out you are better of taking you chances with the trial (Especially since your wife can back you on your story).
I hope this helps... Get a competent lawyer who understands the gravity of the situation.
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sledge_hammer
01-15 03:27 PM
I hope you won't offer to buy your potential mugger some beer! He's just going to drink the beer and still shoot you :)
The smart way is: be nice to him, he'll be nice to you.
The smart way is: be nice to him, he'll be nice to you.
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06-18 10:55 AM
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belmontboy
03-15 09:56 PM
Thank you for all quick replies.
It's been about an year the case has been closed. I can't expunge it for 4 more years. The attorney said it may not be under CMT. I think even though we expunge it, in future where ever we go, if asked that ever got arrested, we need to say YES right?
My attorney says it should be OK.. I am not sure what to be done as you said it all depends on the VO
I am praying god for the silly thing have done and help me in this..
Never repeat a mistake again...
Guys, please help me if any one knew any info...
Thank you very very much!!!
When the VO asks, you would be pretty much justifying why you are "not inadmissible"
Just write down the facts that support your case, and have documents ready (like court disposition, may be a written statement from immigration criminal attorney that your conviction doesnot render you inadmissible).
While i don't know whether you did intentionally, but certain silly things like this can change somebody's life forever. I hope other wouldbe immigrants learn lesson without actually having to go through this personally.
While i have no vested interests, but money to immigration attorney is worth for such things.
Good luck
It's been about an year the case has been closed. I can't expunge it for 4 more years. The attorney said it may not be under CMT. I think even though we expunge it, in future where ever we go, if asked that ever got arrested, we need to say YES right?
My attorney says it should be OK.. I am not sure what to be done as you said it all depends on the VO
I am praying god for the silly thing have done and help me in this..
Never repeat a mistake again...
Guys, please help me if any one knew any info...
Thank you very very much!!!
When the VO asks, you would be pretty much justifying why you are "not inadmissible"
Just write down the facts that support your case, and have documents ready (like court disposition, may be a written statement from immigration criminal attorney that your conviction doesnot render you inadmissible).
While i don't know whether you did intentionally, but certain silly things like this can change somebody's life forever. I hope other wouldbe immigrants learn lesson without actually having to go through this personally.
While i have no vested interests, but money to immigration attorney is worth for such things.
Good luck
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ssss
08-18 12:40 PM
I have paper filed at NSC on June 11th, with a RD June12th.
No approval yet. My AP was approved long back
No approval yet. My AP was approved long back
dummgelauft
07-01 11:11 AM
Do you really agree with multi-national managers(via L1A). This is the area wherein the interpretation is pretty loose. If you dissect EB1 data you would find that EB1C used bulk of it except for this year due to bad economy and tightening of screws. There should be some very clearly defined guidelines for EB1-C, somebody being an onsite coordinator or managing 5 people should not be eligible. This category should be reserved for those who are managing at least 100 people or control business in several millions. I agree that EB1 should be just for the exceptional.
Exactly. There seems to be a mis-conception, which to a large extent has been fueled by some unethical companies, that being on L1A and having a gaggle of a few developers at client sites makes one "exceptional" and eligible for EB1.
If somebody feels they should qualify for EB-2 after X years of experience,well, reason it out with your employer and re-file. I went through this. Restarted the whole process..labor and the whole shebang...to file in EB2 just because I was unable to convince the HR manager at one of my previous employers. That is the reason my PD is Oct 2006 and not July 2003.
Exactly. There seems to be a mis-conception, which to a large extent has been fueled by some unethical companies, that being on L1A and having a gaggle of a few developers at client sites makes one "exceptional" and eligible for EB1.
If somebody feels they should qualify for EB-2 after X years of experience,well, reason it out with your employer and re-file. I went through this. Restarted the whole process..labor and the whole shebang...to file in EB2 just because I was unable to convince the HR manager at one of my previous employers. That is the reason my PD is Oct 2006 and not July 2003.
aadimanav
07-15 01:32 PM
:)
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