krishna.ahd
02-23 04:46 PM
Can H4 dependent join college without changing his/her visa status to students visa.
Also what are the implecations for this on the green card process if one is waiting for the PD to be current.
Now the H1 and H4 are decoupled against 6 years limit , one can afford to remain in H4 , people used to get F1 (while on college) only to avoid 6 years limit on H4 , but there are other disadvantages to remain on H4
I dont think there should be any impact on GC process, consult your attorney
Also what are the implecations for this on the green card process if one is waiting for the PD to be current.
Now the H1 and H4 are decoupled against 6 years limit , one can afford to remain in H4 , people used to get F1 (while on college) only to avoid 6 years limit on H4 , but there are other disadvantages to remain on H4
I dont think there should be any impact on GC process, consult your attorney
wallpaper good and evil wings a tattoo
GooblyWoobly
09-25 03:19 PM
Let me clarify point 3) again
I told it because the same way my spouse received SSN# < 10days but those people will say it take minimum 15days or so.But before you go to SSN office you need proof of EAD approval or best is EAD card,passport handly.
HTH,
No, No. Your answer was perfectly correct. But the OP had asked this:
"Is the there a time frame within which one has to get the SSN#?"
So, I thought he is probably asking if there is any time limit by which you have to get SSN or you don't get SSN at all.
It's better to apply ASAP. In my wife's case, after her H1 came along, we just took two weeks to apply after she started working. The result was, at the end of the month, we were in a legal limbo. The company (one of the big companies in the valley) couldn't pay her because she doesn't have her SSN. The company cannot keep the money as she is legally employed, and has worked. So, not paying her that month will break the H1B terms. Luckily for us, SSN arrived on 29th of that month!!
I told it because the same way my spouse received SSN# < 10days but those people will say it take minimum 15days or so.But before you go to SSN office you need proof of EAD approval or best is EAD card,passport handly.
HTH,
No, No. Your answer was perfectly correct. But the OP had asked this:
"Is the there a time frame within which one has to get the SSN#?"
So, I thought he is probably asking if there is any time limit by which you have to get SSN or you don't get SSN at all.
It's better to apply ASAP. In my wife's case, after her H1 came along, we just took two weeks to apply after she started working. The result was, at the end of the month, we were in a legal limbo. The company (one of the big companies in the valley) couldn't pay her because she doesn't have her SSN. The company cannot keep the money as she is legally employed, and has worked. So, not paying her that month will break the H1B terms. Luckily for us, SSN arrived on 29th of that month!!
Ramba
10-05 03:57 PM
Hello all,
I haven't got my question answered by any other posts, so creating a new thread.
I have a 3-year degree in Biology from India, and two computer certifications from CMC Ltd and CDAC (1.5 years total). Then I worked as a software engineer in India full-time for 2.5 years. I arrived in the U.S. after that and worked for a software company full-time for about 6 months. Then I decided to go back and get another degree from a school in California. I worked as a computer science tutor part-time (20 hrs/wk) for 1.5 years while attending school and also worked as a software engineer part-time (20 hrs/wk) on a U.S. military sub-contract project for 2 years. I graduated with a 4-year degree in computer science from Cal Poly, SLO, a CA state university with a GPA of 3.4. Then I worked at Microsoft Corp full-time for a year. Now I am back in CA working for a software company for the last 5 months. My current company just started my green card process.
If I count 2 years of part-time experience as 1 year of full-time experience then I have 5+ years of relevant work experience. But my attorney says that part-time experience won't count much, and since I don't have a 4-year degree before I started working on my first job they can't file me on EB2. But Cal Poly considered me as a second baccalaureate student, and the attorney is saying that it is not good enough. I have got my degree evaluated for professional and academic purposes, and they both recognize my first degree. The professional agency says that I have a degree + minor in CS before I got by CS degree from the U.S. I also have recommendation letters from my previous employers recommending me for full-time leadership positions and sorts.
Wouldn't USCIS recognize these facts and consider me for an EB2 candidate rather than EB3? I never left my specialized field in CS, and that has to count for something, correct? I am able to show progress since I started working on my first job. How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?
Thank you all in advance for your expert comments and immense help.
Sincerely,
Sujit
Your Attorney is perfectly right. You must have a 5 years of post-bachelors (4 year degree) progressive experience to file a EB2 petition. Your first BS degree in biology will not qualify for a US equivalent BS degree. So, you left with no option other than your other US BS degree for eduction requirement. If you have 5 years full time experience after the completion of the second BS degree, then only you are eligible for EB2. This is must. Even if you have 20 years of experience in computer field before your qualifying US equivalent BS degree, you are not eligible for EB2. USCIS so particular about this, they do not consider what your university has considered your first degree.
I haven't got my question answered by any other posts, so creating a new thread.
I have a 3-year degree in Biology from India, and two computer certifications from CMC Ltd and CDAC (1.5 years total). Then I worked as a software engineer in India full-time for 2.5 years. I arrived in the U.S. after that and worked for a software company full-time for about 6 months. Then I decided to go back and get another degree from a school in California. I worked as a computer science tutor part-time (20 hrs/wk) for 1.5 years while attending school and also worked as a software engineer part-time (20 hrs/wk) on a U.S. military sub-contract project for 2 years. I graduated with a 4-year degree in computer science from Cal Poly, SLO, a CA state university with a GPA of 3.4. Then I worked at Microsoft Corp full-time for a year. Now I am back in CA working for a software company for the last 5 months. My current company just started my green card process.
If I count 2 years of part-time experience as 1 year of full-time experience then I have 5+ years of relevant work experience. But my attorney says that part-time experience won't count much, and since I don't have a 4-year degree before I started working on my first job they can't file me on EB2. But Cal Poly considered me as a second baccalaureate student, and the attorney is saying that it is not good enough. I have got my degree evaluated for professional and academic purposes, and they both recognize my first degree. The professional agency says that I have a degree + minor in CS before I got by CS degree from the U.S. I also have recommendation letters from my previous employers recommending me for full-time leadership positions and sorts.
Wouldn't USCIS recognize these facts and consider me for an EB2 candidate rather than EB3? I never left my specialized field in CS, and that has to count for something, correct? I am able to show progress since I started working on my first job. How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?
Thank you all in advance for your expert comments and immense help.
Sincerely,
Sujit
Your Attorney is perfectly right. You must have a 5 years of post-bachelors (4 year degree) progressive experience to file a EB2 petition. Your first BS degree in biology will not qualify for a US equivalent BS degree. So, you left with no option other than your other US BS degree for eduction requirement. If you have 5 years full time experience after the completion of the second BS degree, then only you are eligible for EB2. This is must. Even if you have 20 years of experience in computer field before your qualifying US equivalent BS degree, you are not eligible for EB2. USCIS so particular about this, they do not consider what your university has considered your first degree.
2011 the list for evil tattoo
meridiani.planum
03-28 11:30 AM
I think it will stay where it is now for this quarter.....just my guess. Then for the last quarter, we may see some advancement.....again this is my guess.
I think we will move even more now. Looking at how premium processing is not back, and how many approvals have come on , USCIS may not have approved as many visas as they had hoped. instead of having another highly visible wastage of visa numbers dates will move big-time and lots of people with later PDs, but who have simpler cases will get approvals fast.
I think we will move even more now. Looking at how premium processing is not back, and how many approvals have come on , USCIS may not have approved as many visas as they had hoped. instead of having another highly visible wastage of visa numbers dates will move big-time and lots of people with later PDs, but who have simpler cases will get approvals fast.
more...
snhn
04-13 11:58 AM
Hello,
I am in my 8th year of H1b visa, getting extension on the basis of a pending labor . My visa notice came in today.
My lawyer says this. I-129 Approval notice from Feb 2006-2007. However my approval was
sent to consulate in Islamabad pakisan. Apparentlly my visa was not extended here in US.
I cam to know about it because it says on my I129 application. It basically says that I am
not eligible to extend my stay in the US therefore have to travel outside the country. My
wife petition,, well all she received was a letter from INS stating that her H4 application
can not be renewed because of my petition. I also states on that the H1B petitionore has a
criminal recore which is inadmissible in US. the only criminal record I have is some
traffic violations and a DWI from 2000.
Since my DWI I have been able to extend my H1 3 times in ths country. I have in fact been
able to travel out 2 times. I have never tried to get the visa extension in Pakistan
before. So I am not sure when DWI became a inadmissble offense. I got a h1 extension
approved last year. They never said anything abou that. I hav not been involved in
anything else either.
none of the conversation my lawyer has had with them, it does not specify what the criminal
record they are talkin g about. I have even talke to INS about it and they dont know either.
One other question. Can I still work even thought my visa is not extended per say. INS only
send a approval notice but not extension. The company lawyer stated that he needs to wait until he gets a letter from INS explainin what crminal back ground I have that makes me inadmissble. According to him DWI should not be the reason alone. He also stated that I can work and thet he will file an appeal in regards to this denial. If I goto pakistan, then the background check alone will take few months. If that happens, then I may loose my job here. Per INS I have to leave the country and try for extension there. But since they stated on my wife denial that I am inadmissble, the chances are they are not going to do it. Can I try goingt to Mexico to do this.
What are your thaughts.
Am I illegal right now.
Thanks!
N
I am in my 8th year of H1b visa, getting extension on the basis of a pending labor . My visa notice came in today.
My lawyer says this. I-129 Approval notice from Feb 2006-2007. However my approval was
sent to consulate in Islamabad pakisan. Apparentlly my visa was not extended here in US.
I cam to know about it because it says on my I129 application. It basically says that I am
not eligible to extend my stay in the US therefore have to travel outside the country. My
wife petition,, well all she received was a letter from INS stating that her H4 application
can not be renewed because of my petition. I also states on that the H1B petitionore has a
criminal recore which is inadmissible in US. the only criminal record I have is some
traffic violations and a DWI from 2000.
Since my DWI I have been able to extend my H1 3 times in ths country. I have in fact been
able to travel out 2 times. I have never tried to get the visa extension in Pakistan
before. So I am not sure when DWI became a inadmissble offense. I got a h1 extension
approved last year. They never said anything abou that. I hav not been involved in
anything else either.
none of the conversation my lawyer has had with them, it does not specify what the criminal
record they are talkin g about. I have even talke to INS about it and they dont know either.
One other question. Can I still work even thought my visa is not extended per say. INS only
send a approval notice but not extension. The company lawyer stated that he needs to wait until he gets a letter from INS explainin what crminal back ground I have that makes me inadmissble. According to him DWI should not be the reason alone. He also stated that I can work and thet he will file an appeal in regards to this denial. If I goto pakistan, then the background check alone will take few months. If that happens, then I may loose my job here. Per INS I have to leave the country and try for extension there. But since they stated on my wife denial that I am inadmissble, the chances are they are not going to do it. Can I try goingt to Mexico to do this.
What are your thaughts.
Am I illegal right now.
Thanks!
N
zCool
03-20 04:20 PM
Yes,
Employer can revoke 140 anytime till 485 is approved.
If you are past 180 days after application of 485 then that would not make your 485 invalid. that is the crux of AC21 portability.
Employer can revoke 140 anytime till 485 is approved.
If you are past 180 days after application of 485 then that would not make your 485 invalid. that is the crux of AC21 portability.
more...
arunmohan
07-13 02:39 AM
I am in if IV decide to file a law suit. I will contribute.
2010 lt;Poojagt; Evil Tattoo
reddysn
06-16 09:27 AM
My lawyer answered that one can work on OPT-EAD till one gets their I-485 EAD. So I guess you dont need to worry. Better check with ur lawyer also.
My wife has changed her status from H4 to F1 in last
year. She will be on F1-studies till July mid
of this year. Few weeks back she got her EAD for her
F1-OPT, which will start on Aug 15 of this year.
As I am going to file AOS for her and also EAD, will
she able to work on her OPT-EAD till she gets her
I-485 EAD? Or She need to wait till she gets her
I-485 EAD to work?
As far as I know she need to wait till she gets her EAD of 485.
I sent a mail to lawyer he did not respond yet.
She is going to meet her international advisor on this sometime next week
, but he does not seem to be an expert in this area.
any ideas on this one?
My wife has changed her status from H4 to F1 in last
year. She will be on F1-studies till July mid
of this year. Few weeks back she got her EAD for her
F1-OPT, which will start on Aug 15 of this year.
As I am going to file AOS for her and also EAD, will
she able to work on her OPT-EAD till she gets her
I-485 EAD? Or She need to wait till she gets her
I-485 EAD to work?
As far as I know she need to wait till she gets her EAD of 485.
I sent a mail to lawyer he did not respond yet.
She is going to meet her international advisor on this sometime next week
, but he does not seem to be an expert in this area.
any ideas on this one?
more...
alterego
01-02 08:14 PM
Best Answer:- No-one but god knows the answer to your question.
Here are a few points to consider.
1) If you are from EB India, then you know that there are thousands perhaps hundreds of thousands with PD ahead of yours, at 2800 a year per EB category, you do the math.
2) Filing of 485 is dependent on more than just approvals, PDs sometimes move based on quirky decisions made by the State Dep't on the basis of nothing more than gesticulation. That said, the 4th quarter of every year is a lottery for anyone with a late PD whichever EB category, witness the July VB fiasco.
3) Legislation even just recapture (like AC21) can alter the dynamic for years, 4 yrs in the case of AC21 and provide heavily retrogressed countries like India and China especially with a boost.
4) A new President and a better immigration system might help you. One can only hope.
Absent the above caveats, sorry my friend but I don't expect the PD to move past the July 2007 VB fiasco date for decades. However, I don't expect the US to lock out Indian IT talent for that amount of time either. Much will depend on how much lobbying is done on this issue, and that will in turn depend on the energy shown by those like you.
Here are a few points to consider.
1) If you are from EB India, then you know that there are thousands perhaps hundreds of thousands with PD ahead of yours, at 2800 a year per EB category, you do the math.
2) Filing of 485 is dependent on more than just approvals, PDs sometimes move based on quirky decisions made by the State Dep't on the basis of nothing more than gesticulation. That said, the 4th quarter of every year is a lottery for anyone with a late PD whichever EB category, witness the July VB fiasco.
3) Legislation even just recapture (like AC21) can alter the dynamic for years, 4 yrs in the case of AC21 and provide heavily retrogressed countries like India and China especially with a boost.
4) A new President and a better immigration system might help you. One can only hope.
Absent the above caveats, sorry my friend but I don't expect the PD to move past the July 2007 VB fiasco date for decades. However, I don't expect the US to lock out Indian IT talent for that amount of time either. Much will depend on how much lobbying is done on this issue, and that will in turn depend on the energy shown by those like you.
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hariswaminathan
02-12 11:43 AM
People,
Yes I am guilty. I am one of those Lazy fence sitters caught in reto that peruses this forum on a daily basis looking for for some glimmer of hope.
Silently i cross my fingers and hope that IV will get something done for us but guilty of doing nothing to help. Sound familiar?
Let me start by saying that i became a member and watched this forum for over 6 months and did nothing to contribute (whether financially or physically). I'm lazy and theres nothing i can do about it - thats my personality. We all have busy lives and we all have personal agendas and unless we are affected by something directly, we choose the path of least resistance.
something changed for me last month. I dont know what it was, since it was nothing physical, personal, familial or anything tangible. I was reading the IV website posts "as normal" and while i read all the posts on funding drives, increasing members, those brillant NJ chapter folks etc I was ashamed at how little i was doing towards a cause that had a direct impact on my life and how a small group of people could be so passsionate about the same interest. I was also surprised at the number of mainly Indian professionals in the US who were caught in this mess but at the difficulty that IV was having getting people to get off their a** and do something.
COME ON PEOPLE - even if we are lazy, self centered, and busy lets at least show that the Indian "minority" in the US is at least a UNITED and PROUD lot. We cant let IV down for a few dollars. "Izzat ka Sawal Hai"
Well, i thought about it, and thought some more..... and decided i was still as lazy as i was before even after my ephiphany, but i could definitely manage a few clicks with my mouse. So i decided, If can't do anything physical (like pass flyers, meet in DC to help Core, start some fangled chapter locally, or harass my local congresman) then at least i could pass on some financial contribution so that somebody could do it for me!
So this is what i did
a) - setup a $20 recurring contribution (Yes its $20 - I'm cheap and so are a lot of you - but $20 is better than nothing - its less than a dinner at a restaurant).
b) forwarded the website info to a few of my collegues at work and told them what i did.
I have not made any earth shattering differences by my actions, but at least im doing SOMETHING. This, coming from one of the laziest members definitely should mean something to all of you.
If you cant contribute your time, at least send some money so someone else can do it for you! Also please stop harrassing IV on where the funds are going - its $20 per month for Christ's sake, not your family inheritance. Let's try and make a difference one way or another. Our national pride is at stake here.
Hari
Yes I am guilty. I am one of those Lazy fence sitters caught in reto that peruses this forum on a daily basis looking for for some glimmer of hope.
Silently i cross my fingers and hope that IV will get something done for us but guilty of doing nothing to help. Sound familiar?
Let me start by saying that i became a member and watched this forum for over 6 months and did nothing to contribute (whether financially or physically). I'm lazy and theres nothing i can do about it - thats my personality. We all have busy lives and we all have personal agendas and unless we are affected by something directly, we choose the path of least resistance.
something changed for me last month. I dont know what it was, since it was nothing physical, personal, familial or anything tangible. I was reading the IV website posts "as normal" and while i read all the posts on funding drives, increasing members, those brillant NJ chapter folks etc I was ashamed at how little i was doing towards a cause that had a direct impact on my life and how a small group of people could be so passsionate about the same interest. I was also surprised at the number of mainly Indian professionals in the US who were caught in this mess but at the difficulty that IV was having getting people to get off their a** and do something.
COME ON PEOPLE - even if we are lazy, self centered, and busy lets at least show that the Indian "minority" in the US is at least a UNITED and PROUD lot. We cant let IV down for a few dollars. "Izzat ka Sawal Hai"
Well, i thought about it, and thought some more..... and decided i was still as lazy as i was before even after my ephiphany, but i could definitely manage a few clicks with my mouse. So i decided, If can't do anything physical (like pass flyers, meet in DC to help Core, start some fangled chapter locally, or harass my local congresman) then at least i could pass on some financial contribution so that somebody could do it for me!
So this is what i did
a) - setup a $20 recurring contribution (Yes its $20 - I'm cheap and so are a lot of you - but $20 is better than nothing - its less than a dinner at a restaurant).
b) forwarded the website info to a few of my collegues at work and told them what i did.
I have not made any earth shattering differences by my actions, but at least im doing SOMETHING. This, coming from one of the laziest members definitely should mean something to all of you.
If you cant contribute your time, at least send some money so someone else can do it for you! Also please stop harrassing IV on where the funds are going - its $20 per month for Christ's sake, not your family inheritance. Let's try and make a difference one way or another. Our national pride is at stake here.
Hari
more...
Michael chertoff
04-07 05:58 PM
Please stop this discussion about US university and Indian university or for that matter about octopus
This thread is about Retrogression, priority dates and Visa bulletins so if someone has seen the May 2011 VB lets talk about it
Agreed. just talk about Bulletin.
This thread is about Retrogression, priority dates and Visa bulletins so if someone has seen the May 2011 VB lets talk about it
Agreed. just talk about Bulletin.
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immi2006
08-17 09:29 AM
Most folks here would have used a lens to double check their APplns before mailing it.
If your friend wants to know ask him to join IV , why are you proxying for him > He shud be more worried than you. Pls talk to a professional lawyer on this situation, I am sure none of the folks here can advise on this,
Please
If your friend wants to know ask him to join IV , why are you proxying for him > He shud be more worried than you. Pls talk to a professional lawyer on this situation, I am sure none of the folks here can advise on this,
Please
more...
house representing good, evil,
imm_pro
06-10 06:27 PM
good ..should be a relief to lot of folks..
06/10/2008: I-140 Premium Processing Reportedly Reinstated 07/16/2008 for Certain Limited Situation That Need 104(c) H-1B Extension
AILA has reported that USCIS will resume I-140 PPS in limited circumstances. According to the report PPS should be available for those beneficiaries whose H will expire within 60 days of filing the request, and who need the I-140 approval to become eligible for that additional H time. Please stay tuned for the official notice of the USCIS.
06/10/2008: I-140 Premium Processing Reportedly Reinstated 07/16/2008 for Certain Limited Situation That Need 104(c) H-1B Extension
AILA has reported that USCIS will resume I-140 PPS in limited circumstances. According to the report PPS should be available for those beneficiaries whose H will expire within 60 days of filing the request, and who need the I-140 approval to become eligible for that additional H time. Please stay tuned for the official notice of the USCIS.
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jonty_11
07-26 02:08 PM
country and EB1/2/3 would help...??? Plz provide that
u cud be stuck in FBI namecheck
u cud be stuck in FBI namecheck
more...
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meher
12-24 11:48 AM
Thank you Swamy and Reachinus.
Reachinus
That is definetly helpful.
What is substitue w2. Please send me any link that can give me more details.
Based on Sep pay stub, my new company has filed for H1B Transfer in december and have received the Receipt. Will there be any out of status issues in H1B Transfer because of no pay stubs after september?
Reachinus
That is definetly helpful.
What is substitue w2. Please send me any link that can give me more details.
Based on Sep pay stub, my new company has filed for H1B Transfer in december and have received the Receipt. Will there be any out of status issues in H1B Transfer because of no pay stubs after september?
dresses Good Overcomes Evil: Tattoo by ~domogenius on deviantART
cal_dood
07-20 10:17 AM
in Mexico and Canada - though there may be a catch - they may not process a B1/B2 to H4. You'll have to find that out. Getting a appointment/emergency appointment in ur home country is the best bet.
more...
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pbuckeye
06-25 02:45 PM
If you can get the email from the client mentioning that they can't give a letter, then I feel that could be enough reason for MTR (but check with an attorney). Have you explored about filing again in premium with new or more documents (see below)?
Could you confirm if you already submitted:
1. MSA/SOW/PO (all or any of these). Does the SOW/PO have your name on it?
2. Contact info of your supervisor at client site. I think this is very important.
Was the denial solely based on the client letter?
Could you confirm if you already submitted:
1. MSA/SOW/PO (all or any of these). Does the SOW/PO have your name on it?
2. Contact info of your supervisor at client site. I think this is very important.
Was the denial solely based on the client letter?
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diptam
08-21 12:09 PM
There you go >>
1-800-375-5283 then 1,2,2,6,2,2,1
bumping up??
1-800-375-5283 then 1,2,2,6,2,2,1
bumping up??
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gcdreamer05
01-15 06:14 PM
can we just buy a vacation for the burger king (a.ka. steve king) and ask him to go to bahamas or cancun or somewhere.... so that we can pass the recapture bill....
sandy_77
09-16 06:06 AM
They may ask you whether you are going to work at the employers location or whether you are going to work at some third party's location. In the latter case you you may be asked to submit a copy of the contract between the end client and your company for your job specifically. Your previous denial may have an impact but your new case should not be rejected if you have sufficient documentation. Only if the previous denial was because of a "fraud" should it become a difficult issue for you to get a visa because i think such cases have a limitation of a few years before you can re-apply.
Hi Suresh,
thanks for your time and effort to thoroughly answer my questions.
I guess my denial last year is due to poor project document given to me by my company. They initially gave me just 1 page letter describing the project and I was issued 221g to submit the full project report along with other company docs and later they denied my case.
So this time, I believe the VO must be aware about my denial reason and they are definitely going to ask me about the project report and I must take the full project report (containing market analysis, project proposal and other information) around 30-50 pages with me. I will also be carrying all other company docs such as IT returns of last 3 years, wage reports, compay location photographs etc..Do you think that should be enough?
Thanks.
Hi Suresh,
thanks for your time and effort to thoroughly answer my questions.
I guess my denial last year is due to poor project document given to me by my company. They initially gave me just 1 page letter describing the project and I was issued 221g to submit the full project report along with other company docs and later they denied my case.
So this time, I believe the VO must be aware about my denial reason and they are definitely going to ask me about the project report and I must take the full project report (containing market analysis, project proposal and other information) around 30-50 pages with me. I will also be carrying all other company docs such as IT returns of last 3 years, wage reports, compay location photographs etc..Do you think that should be enough?
Thanks.
singhsa3
07-12 09:20 AM
Remember green card is a privilege and not a right. But your waiting period idea is well taken.
I would say put 'Retrogressions' and waiting periods also in perspective.
In the world and era of progression
We get the word of 'Retrogression'
I would say put 'Retrogressions' and waiting periods also in perspective.
In the world and era of progression
We get the word of 'Retrogression'