sertasheep
07-03 05:28 PM
Can any IV member write to me with the following detials, if you have this info , please:
Of course, we need a reliable source to be cited.
1) Has it been reported anywhere in the media on how many applicants may have been approx. affected by the Visa Bulletin fiasco? All I have heard is "tens of thousands"
2) Any good estimate on how much expenditure may have been incurred..i saw somewhere that it was $300 mil?
email: sertasheep at immigrationvoice.org
Sertasheep
SuperModerator
Of course, we need a reliable source to be cited.
1) Has it been reported anywhere in the media on how many applicants may have been approx. affected by the Visa Bulletin fiasco? All I have heard is "tens of thousands"
2) Any good estimate on how much expenditure may have been incurred..i saw somewhere that it was $300 mil?
email: sertasheep at immigrationvoice.org
Sertasheep
SuperModerator
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samay
07-30 04:24 PM
Hello Samay,
First of all thank you so much for answering my questions.
In my LCA(H1B) Prevailing wage is mentioned $ 55K & in my Labor(PERM) application Prevailing wage is mentioned $ 65K.
My labor(PERM) has been approved & I-140 is in process at TSC.
My question is
This diffrence between LCA mentioned prevailing wage(i.e. $55K) & Labor(PERM) prevailing wage(i.e. $65K) going to create any problem at stage of I-140 or later in I-485??
I am getting paid as mentioned in LCA i.e. $55K.
I will greatly appreciate response.
Thanks.
Both these are separate processes and note that the I-140 is for a future job.So relax.
First of all thank you so much for answering my questions.
In my LCA(H1B) Prevailing wage is mentioned $ 55K & in my Labor(PERM) application Prevailing wage is mentioned $ 65K.
My labor(PERM) has been approved & I-140 is in process at TSC.
My question is
This diffrence between LCA mentioned prevailing wage(i.e. $55K) & Labor(PERM) prevailing wage(i.e. $65K) going to create any problem at stage of I-140 or later in I-485??
I am getting paid as mentioned in LCA i.e. $55K.
I will greatly appreciate response.
Thanks.
Both these are separate processes and note that the I-140 is for a future job.So relax.
_TrueFacts
09-03 11:53 PM
With your utmost stupidity!!!!!
Anyway thanks for the Humor from your stupidity...
If you had a laugh on my post good for you. Should have given you some relief from YSR's death. I have been laughing, smiling and eating sweets since I knew the news.
Anyway thanks for the Humor from your stupidity...
If you had a laugh on my post good for you. Should have given you some relief from YSR's death. I have been laughing, smiling and eating sweets since I knew the news.
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gcgoingon
06-14 05:33 PM
I guess my 9 months old prediction is coming true (off by a month).
http://immigrationvoice.org/forum/1049939-post209.html
I hope your predictions for the coming months also come true..
I do not know why the bulletin is so conservative about the EB2-I estimates for the year 2010 (March/April 2006)?
The reason I am saying this is the initial estimate they gave for EB2-I in Jan '10 bulletin is Feb/March 2005.
http://immigrationvoice.org/forum/1049939-post209.html
I hope your predictions for the coming months also come true..
I do not know why the bulletin is so conservative about the EB2-I estimates for the year 2010 (March/April 2006)?
The reason I am saying this is the initial estimate they gave for EB2-I in Jan '10 bulletin is Feb/March 2005.
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rajesh_kamisetty
07-10 11:16 AM
See below.
krish2005
01-16 06:18 PM
http://www.murthy.com/news/n_repatt.html dated March 2006
I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
�MurthyDotCom
I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.
End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.
Thanks for the post. Is there such a requirement when there is a renewal of H1B ?
I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
�MurthyDotCom
I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.
End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.
Thanks for the post. Is there such a requirement when there is a renewal of H1B ?
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logiclife
01-23 05:18 PM
what happens to the people who got their GC's using labor from this guys company? Hopefully they are not affected, it will be sad to see their lives in trouble because of him.
They will be affected. If you pay cash $20,000 to buy an approved labor, you are breaking that law too, and at the minimum, they would be reapplying for GC again, at the maximum, deportation, for breaking immigration laws.
In fact, if your immigration case was approved with fraudulent information/documents unbeknownst to you and if you employer was alone in the fraud, even then the approved petition(whether its H1, labor, 140, 485) would be voided by USCIS.
What is really frustrating is that backlog centers keep approving labors from very early priority dates and these employers keep responding to 45 day letters saying that "Yes" they want to proceed with labor even though the employee would have left a long time ago. And they do it with the intention of either selling it for cash or using it as an incentive to hire a person on a lower-than-market salary. That it is one of the reasons why PDs are not moving forward...all these old old labors are being recycled into the system.
And this was cybersoftec was in Edison NJ. I wouldnt be surprised if you can find a dozen companies doing this within 1 mile radius of this guy in Edison NJ. No offense meant to NJ or the township of Edison. But boy that place reeks with stinking desi employers.
The only thing that has stopped since Nick Mandalappa was caught is that they've stopped selling it on sulekha.com. If he hadnt been caught, then these guys would be selling approved labors on eBay by now.
They will be affected. If you pay cash $20,000 to buy an approved labor, you are breaking that law too, and at the minimum, they would be reapplying for GC again, at the maximum, deportation, for breaking immigration laws.
In fact, if your immigration case was approved with fraudulent information/documents unbeknownst to you and if you employer was alone in the fraud, even then the approved petition(whether its H1, labor, 140, 485) would be voided by USCIS.
What is really frustrating is that backlog centers keep approving labors from very early priority dates and these employers keep responding to 45 day letters saying that "Yes" they want to proceed with labor even though the employee would have left a long time ago. And they do it with the intention of either selling it for cash or using it as an incentive to hire a person on a lower-than-market salary. That it is one of the reasons why PDs are not moving forward...all these old old labors are being recycled into the system.
And this was cybersoftec was in Edison NJ. I wouldnt be surprised if you can find a dozen companies doing this within 1 mile radius of this guy in Edison NJ. No offense meant to NJ or the township of Edison. But boy that place reeks with stinking desi employers.
The only thing that has stopped since Nick Mandalappa was caught is that they've stopped selling it on sulekha.com. If he hadnt been caught, then these guys would be selling approved labors on eBay by now.
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mbahunting
09-24 04:41 PM
What are the chances of someone like me with a PD of Nov 06 and who did not file 485 in 07. Will I be able to file 485 anytime soon? I am wondering how many of people like me are waiting - that may impact some of our date calculations based on the 485 numbers released by USCIS? Any insights?
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ita
03-31 07:00 PM
Even Muslims in Gujarat have started realizing congress is good for nothing.Congress just makes promises that it never keeps up.Uses opportunistic politics.well of course you create opportunities that are helpful to people which will bring prosperity along with awareness.Increased awareness among masses means end to dynastic rule.So why keep up promises and shoot your self right?
On the other hand Modi who doesn't even need Muslim votes in Gujarat has worked for overall development. In terms of this Imam from Gujarat;
'Seeing him work for two or three years after the riots, Muslims too felt they had an opportunity to prosper in the peaceful environment that Modi government was creating. He has provided an atmosphere which is conducive for those who want to trade peacefully in Gujarat. Therefore, intelligent Muslims supported BJP during 2007 Assembly polls'
Apparently there this group called ,'Tablighis ' who have foreign funding ( which was of course was checked by Modi govt) working towards keeping the hatred alive.It's anybody's guess who benefits from such hatred apart from congress party.
This guy also says:
'But let me tell you, projection of 2002 riots was much more grave than the situation actually was. '
I agree with you that though a guy has a great leadership skills, commanding speech, great administartive and management skills, if he committed/aided the crime, he has no right to hold the office
But you know congress party that orchestrated sikh riots went to form govt ,Rajiv Gandhi speaking about sikh riots said 'When a banyan tree falls earth will shake' then he went to be country's PM indulging in all kinds of scams.Now his wife,children are holding offices.Congress party guys directly involved in the attacks also keep getting party tickets.That OK?
Agree hard work,entrepreneurship and other such qualities are in gujaratis's blood.Intersting how until Modi that time of prosperity never came.
Most of Telugu people are in I.T , but time for Hyd to get onto International map didn't come until CBN.Again during the current Congress regime in Hyd that time kind of took back step.
Name of that time is good governance.
Well said. It is similar to Bill Clinton takes credit for revolution in IT area. It is all time. Gujarat prospered becuse of successful bussiness minded people. Growth was aided by high demand for export. I agree with you that though a guy has a great leadership skills, commanding speech, great administartive and management skills, if he commited/aided the crime, he has no right to hold the office. See the Alska Senator..He was one of the most successful politician and elected many times from alska for Senate. Now he is in jail at his very old age, just becuse he got money from oil comapines to renovate his house.
On the other hand Modi who doesn't even need Muslim votes in Gujarat has worked for overall development. In terms of this Imam from Gujarat;
'Seeing him work for two or three years after the riots, Muslims too felt they had an opportunity to prosper in the peaceful environment that Modi government was creating. He has provided an atmosphere which is conducive for those who want to trade peacefully in Gujarat. Therefore, intelligent Muslims supported BJP during 2007 Assembly polls'
Apparently there this group called ,'Tablighis ' who have foreign funding ( which was of course was checked by Modi govt) working towards keeping the hatred alive.It's anybody's guess who benefits from such hatred apart from congress party.
This guy also says:
'But let me tell you, projection of 2002 riots was much more grave than the situation actually was. '
I agree with you that though a guy has a great leadership skills, commanding speech, great administartive and management skills, if he committed/aided the crime, he has no right to hold the office
But you know congress party that orchestrated sikh riots went to form govt ,Rajiv Gandhi speaking about sikh riots said 'When a banyan tree falls earth will shake' then he went to be country's PM indulging in all kinds of scams.Now his wife,children are holding offices.Congress party guys directly involved in the attacks also keep getting party tickets.That OK?
Agree hard work,entrepreneurship and other such qualities are in gujaratis's blood.Intersting how until Modi that time of prosperity never came.
Most of Telugu people are in I.T , but time for Hyd to get onto International map didn't come until CBN.Again during the current Congress regime in Hyd that time kind of took back step.
Name of that time is good governance.
Well said. It is similar to Bill Clinton takes credit for revolution in IT area. It is all time. Gujarat prospered becuse of successful bussiness minded people. Growth was aided by high demand for export. I agree with you that though a guy has a great leadership skills, commanding speech, great administartive and management skills, if he commited/aided the crime, he has no right to hold the office. See the Alska Senator..He was one of the most successful politician and elected many times from alska for Senate. Now he is in jail at his very old age, just becuse he got money from oil comapines to renovate his house.
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senthil1
06-15 04:53 PM
H1b cap is 65k+ 20K for US master degree and remaining are exemptions. Total approimately 125K were issued on 2007.
"H1B numbers were 125K in 2007"
Holly cow ! I always thought H1B cap is set to 65K (except for a few years in early 2000) :-)
The 125K which you mentioned is popularly used by anti-immigrant lobbys to push their argument. It includes all H1B transfers NOT only the fresh H1.
So, if X get his H1 in 2006 and change to a new company in 2007 , you will count X against 2006 as well as 2007 giving a false number. However, if X applies for a GC, it is not 2X applying for GC --- just X .
Recapture bill will help a lot in clearing the backlog. For future EB GC, if the dependents are not counted for immigrant visa, it will be much cleaner. Not all L1 and H1 apply for GC. Mostly the major Indian IT companies DO NOT sponsor GC (and as you know they are the major users of L1).
"H1B numbers were 125K in 2007"
Holly cow ! I always thought H1B cap is set to 65K (except for a few years in early 2000) :-)
The 125K which you mentioned is popularly used by anti-immigrant lobbys to push their argument. It includes all H1B transfers NOT only the fresh H1.
So, if X get his H1 in 2006 and change to a new company in 2007 , you will count X against 2006 as well as 2007 giving a false number. However, if X applies for a GC, it is not 2X applying for GC --- just X .
Recapture bill will help a lot in clearing the backlog. For future EB GC, if the dependents are not counted for immigrant visa, it will be much cleaner. Not all L1 and H1 apply for GC. Mostly the major Indian IT companies DO NOT sponsor GC (and as you know they are the major users of L1).
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mallickarjunreddy
07-13 10:30 AM
WHY not go back to India if the GC process fails , I mean after all India is our home country rite .(I am talking only about Indians)
Health and Wealth are subjective after all
Health and Wealth are subjective after all
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WeShallOvercome
07-10 12:41 PM
I got my canadian PR early this year and have another 3 months to land. I think other companies will follow MSFT and there will be a lot of consulting companies to support them as well. Some more avenues for Desi companies to exploit employees but I guess since we don't need to depend on employers to get our PR, they may not have their way the way they do here in the US.
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shingqor
05-02 11:06 PM
Just curious.
Does it mean a uncouth rowdy person?
Is it a Tamil word, or a Singhala word?
Arava stands for over pitched language loudness..
You are issuing some FATHWA on me LOL dude...??? Grow up..
Are you there when some some one used Gujju word here...???
Does it mean a uncouth rowdy person?
Is it a Tamil word, or a Singhala word?
Arava stands for over pitched language loudness..
You are issuing some FATHWA on me LOL dude...??? Grow up..
Are you there when some some one used Gujju word here...???
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gomirage
06-14 12:23 AM
so what are the ones that fall below on points supposed to do ? pack and leave after 10 plus years of being here ?
The point system would only apply to new applicants. All those already in line will proceed according to existing system. Worked well in Canada's system.
The point system would only apply to new applicants. All those already in line will proceed according to existing system. Worked well in Canada's system.
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kumar1305
01-13 03:35 PM
Does it mean that people who are working with consulting companies are going home soon?
Ok, then first consulting guys will go then they may take some other crap to send everybody home?
What is going to happen now?
I work for client and I do not say that sending consulting guyz will benefit me. But I'm just curious as to what would the next few such steps to send out all the H1bs from this country.
Ok, then first consulting guys will go then they may take some other crap to send everybody home?
What is going to happen now?
I work for client and I do not say that sending consulting guyz will benefit me. But I'm just curious as to what would the next few such steps to send out all the H1bs from this country.
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Rohan99
07-26 02:46 PM
I like this thread a lot. It is so relaxing, especially after reading "EB2-EB3 Predictions (Rather Calculations).. " this thread is so intense, and uses 100% of brain capacity
You seem to be enjoying this thread. This should be lighten up - 2 :)
You seem to be enjoying this thread. This should be lighten up - 2 :)
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chanduv23
03-16 02:05 PM
Are you from India,,if yes, think again,,,the EB3 2003 PD may not buy u much,,u may be well know trying to go for perm and 140 with current EB2...eb3 for india is a black hole,,,i hope u know what a black hole is,,,its kinda dangerous!!
Yes, EB3 2003 is of no use except for h1b extensions, so consider taking the job only if you see something good other than a sub labor
Yes, EB3 2003 is of no use except for h1b extensions, so consider taking the job only if you see something good other than a sub labor
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msp1976
02-13 03:42 PM
If they changed the law to have 300,000 visas but there is 400,000 people going for greencard; then there would still be retrogression. The unused visas from ROW would not get allocated quarterly but in the fourth quarter.
Out of those 400K ....200K happen to be India/China...
Today's projection for me EB3/India is 7-10 years to get GC....
with a higher number this would come doen to 2 years ( would it ???)..That is the whole game...EB3 India might not become current but at least EB3 ROW would be current and then the spillover would make EB3 India picture much better....
Also AC21 allows the spillover to happen quarterly rather than annully...not in the fourth quarter..( Please correct me if I am wrong..)
Reference
http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
Look at a(3)
(3) Exception if additional visas available
If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
Out of those 400K ....200K happen to be India/China...
Today's projection for me EB3/India is 7-10 years to get GC....
with a higher number this would come doen to 2 years ( would it ???)..That is the whole game...EB3 India might not become current but at least EB3 ROW would be current and then the spillover would make EB3 India picture much better....
Also AC21 allows the spillover to happen quarterly rather than annully...not in the fourth quarter..( Please correct me if I am wrong..)
Reference
http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
Look at a(3)
(3) Exception if additional visas available
If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
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ramus
06-26 08:58 PM
Very well said... I totally agree with this. I am sure DOS know how many application they can expect by making the date current. But they don't know how many of these could be approved by end of this fiscal year and they don't want to loose visas as they have in past.
This is the reason they made all date current. Even if they receive 100K application on July 1st, I don't think they will make any changes unless they approve 40K visas. They will at least have to wait till August to push back dates.
And in worst condition even if dates going to move back on July 2nd, can you anything about it? I would say just do whatever you can by getting your application ready. I am sure somebody will come with new rumer saying thay if they receive tons of application on first day they might do lottery..
Guys spend time on action alert rather then spending time on this thred.
It doesnt say anywhere that they can change PDs in the middle of the month. What they are saying is that based on data collected from the "total number of files at point of approval" they can change PDs. But it doesnt say that they can change PDs in the middle of the month.
If anyone has a URL or source of information that shows the USCIS stopped accepting petitions in the middle of the month even when the dates were current, PLEASE POST THE URL OR SOURCE.
Otherwise this is bogus information coming out of certain law firms.
And this community is so scared that they have started seeing what they believe rather than believing what they see. The cynicism and psychosis has reached such alarming levels that people are seeing things even in Ombudsman report that dont exist.
This is the reason they made all date current. Even if they receive 100K application on July 1st, I don't think they will make any changes unless they approve 40K visas. They will at least have to wait till August to push back dates.
And in worst condition even if dates going to move back on July 2nd, can you anything about it? I would say just do whatever you can by getting your application ready. I am sure somebody will come with new rumer saying thay if they receive tons of application on first day they might do lottery..
Guys spend time on action alert rather then spending time on this thred.
It doesnt say anywhere that they can change PDs in the middle of the month. What they are saying is that based on data collected from the "total number of files at point of approval" they can change PDs. But it doesnt say that they can change PDs in the middle of the month.
If anyone has a URL or source of information that shows the USCIS stopped accepting petitions in the middle of the month even when the dates were current, PLEASE POST THE URL OR SOURCE.
Otherwise this is bogus information coming out of certain law firms.
And this community is so scared that they have started seeing what they believe rather than believing what they see. The cynicism and psychosis has reached such alarming levels that people are seeing things even in Ombudsman report that dont exist.
letstalklc
01-13 03:59 PM
Is this some thing needs to pass or in proposal or already effected since the date they published on the website?
I have not ready the doc.
I have not ready the doc.
geevikram
01-22 11:26 AM
At Chicago POE, immi officer took my passport and 797 [entire bunch of papers] called up my HR Manager and after speaking to my HR manager gave me I-94 until 1st April 2012 [date on my 797].
Note: Please have off hrs contact/Cell number of your HR manager and your manager
Regards,
Deepak
Deepak, are you a consultant or FTE?
Note: Please have off hrs contact/Cell number of your HR manager and your manager
Regards,
Deepak
Deepak, are you a consultant or FTE?
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