indyanguy
04-16 02:43 PM
Thanks for sharing your experiences. Is LLC corp employer eligible to do H-1 transfer? I have an American citizen friend who has a LLC corp and work as an independent contractor. Can he file for my H-1 transfer and can I work for him?
His annual income is about 150 to 200K. I think he takes about 100K as salary and rest as company profit.
I have my 140 approved and 485 pending (>180 days).
Any potential risks with this approach?
Thanks in advance!
If he's the only employee, CIS might scrutinize the application for Ability 2 Pay issue. I know friends who've gotten a successful H1 approval from companies with only 4 employees. However, CIS looks into the case in depth if a company is very small.
His annual income is about 150 to 200K. I think he takes about 100K as salary and rest as company profit.
I have my 140 approved and 485 pending (>180 days).
Any potential risks with this approach?
Thanks in advance!
If he's the only employee, CIS might scrutinize the application for Ability 2 Pay issue. I know friends who've gotten a successful H1 approval from companies with only 4 employees. However, CIS looks into the case in depth if a company is very small.
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felix31
05-03 11:59 AM
I'm not concerned about he being anti-latino but he is anti-immigrant he feels immigration is destroying the American Culture.
well,
I think everyone should be concerned, because today he is anti-latino, tomorrow he is anti-Indian or anti-European...I mean, I really dont see the difference. I am not Hispanic, but I am very very concerned.
At my Grad school, we did a research on the gentleman in question and had a debate about different types of discrimination.
One is for certain. Today, undocumented people are very much in the spotlight, but make no mistake, all immigrants weather legal or illegal have been accused of stealing American jobs away.
The way I see it, we are all in the same boat...
Many people I know have expressed their frustration with the state od Education here "why dont we fix our education so that we can produce our own people so that we have our place in the global economy and we dont have to depend on foreign scientists"?.
Dont get me wrong! I am all pro-immigration, and you may call me an idealist, but I want fair treatment for ALL.
Lets refrain from any statements like 'am not concerned with XYZ being 'anti-latino....
these are public forums and our group cannot afford to be labeled as nonsensitive to others who are not highly skilled legal immigrants..
just my 2 cents
well,
I think everyone should be concerned, because today he is anti-latino, tomorrow he is anti-Indian or anti-European...I mean, I really dont see the difference. I am not Hispanic, but I am very very concerned.
At my Grad school, we did a research on the gentleman in question and had a debate about different types of discrimination.
One is for certain. Today, undocumented people are very much in the spotlight, but make no mistake, all immigrants weather legal or illegal have been accused of stealing American jobs away.
The way I see it, we are all in the same boat...
Many people I know have expressed their frustration with the state od Education here "why dont we fix our education so that we can produce our own people so that we have our place in the global economy and we dont have to depend on foreign scientists"?.
Dont get me wrong! I am all pro-immigration, and you may call me an idealist, but I want fair treatment for ALL.
Lets refrain from any statements like 'am not concerned with XYZ being 'anti-latino....
these are public forums and our group cannot afford to be labeled as nonsensitive to others who are not highly skilled legal immigrants..
just my 2 cents
sunnymit
07-12 03:47 PM
Visa Bulletin for August 2010 (http://www.travel.state.gov/visa/bulletin/bulletin_5092.html)
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WeShallOvercome
07-19 03:04 PM
It is in the bottom of the first page of I-485 application form. It says "Fill in box if G-28 is attached to represent the applicant"
Your employer or lawyer can certainly fill it in but they would need your signatures on the G-28 form. Without your signatures, no one can represent you as it is YOUR application.
I filled the 485 forms my self.
Where is the box in the right bottom in 485 which says I will be represented by attorney?? In 485 I see two locations for signature (one for applicant) and other for representative?
Can my employer sign it now (without me sending G-28??)
Your employer or lawyer can certainly fill it in but they would need your signatures on the G-28 form. Without your signatures, no one can represent you as it is YOUR application.
I filled the 485 forms my self.
Where is the box in the right bottom in 485 which says I will be represented by attorney?? In 485 I see two locations for signature (one for applicant) and other for representative?
Can my employer sign it now (without me sending G-28??)
more...
Steve Mitchell
February 4th, 2004, 08:48 PM
But Pope I thought 4 MP is all PJ's want ;)
Actual daily press and wire service photographers will undoubtly use 4mp. You may not be aware, but all the goreous 2 column color shots you see on USA Today etc. are printed from files that are usually 700k - 800k. There are heavily compressed for transmitting. All the wires do that. They don't get full files. The most attractive things to me are the high ISO performance, the ability to customize colorspace amd I'm anxious to test the new autofocus capabilities. The 8 mp is a plus for shooting for a mag or other output. Even at that, I've had 1D shots as a glossey mag color that looked great. One advantage higher megapixels give a sportshooter is for sports like football. Due to the size of the field, the ability to crop more gives you more field coverage. But then the question is will you have enough time to work with files that are twice the size. I'm sure that's why Canon listened and gave us 4 MP as an option.
Actual daily press and wire service photographers will undoubtly use 4mp. You may not be aware, but all the goreous 2 column color shots you see on USA Today etc. are printed from files that are usually 700k - 800k. There are heavily compressed for transmitting. All the wires do that. They don't get full files. The most attractive things to me are the high ISO performance, the ability to customize colorspace amd I'm anxious to test the new autofocus capabilities. The 8 mp is a plus for shooting for a mag or other output. Even at that, I've had 1D shots as a glossey mag color that looked great. One advantage higher megapixels give a sportshooter is for sports like football. Due to the size of the field, the ability to crop more gives you more field coverage. But then the question is will you have enough time to work with files that are twice the size. I'm sure that's why Canon listened and gave us 4 MP as an option.
a_yaja
02-09 03:06 PM
There is a provision to withdraw the 401K without the 10% penalty. To avoid the 10% penalty, there is a rule called "72(t) - Early IRA distribution". But there are certain rules that need to be followed for this - and I am not aware of how it actually works. The only reason I know this is because I asked this question specifically to the accountant doing my taxes and he said that if I were to retire early, I could avoid the 10% penalty by claiming the 72(t) clause. However, he said that certain "rules" must be followed and you must withdraw certain amount every year - else you will be subject to the 10% early withdrawal penalty.
I didn't follow up on this rule as I was not interested in "early" retirement. I just wanted to know if it was possible to withdraw without early penalty. I would suggest you follow up on this if you want to take all your money to India without paying the early withdrawal penalty or paying much in taxes - either here in the US or in India.
I didn't follow up on this rule as I was not interested in "early" retirement. I just wanted to know if it was possible to withdraw without early penalty. I would suggest you follow up on this if you want to take all your money to India without paying the early withdrawal penalty or paying much in taxes - either here in the US or in India.
more...
indianabacklog
06-23 02:08 PM
Please include me too. I live in Indiana.
MyPD is Nov 2002.
I can be contacted on 317 278 0177
MyPD is Nov 2002.
I can be contacted on 317 278 0177
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mps
10-02 10:11 AM
I would save expenses of atleast one year in an emergency fund before putting extra money towards house payoff.
In better job market you can reduce your emerency fund to upto six months worth of expenses and move rest of the money to reduce principle you owe towards your house.
In better job market you can reduce your emerency fund to upto six months worth of expenses and move rest of the money to reduce principle you owe towards your house.
more...
paskal
08-14 10:35 AM
not that i want to interrupt the stimulating discussion here, but just some info:
1. there is now another way to contribute, iv-merchandise is finally here, please visit the site, there are various exciting options. you can buy iv t shirts mugs, stickers, magnets et al also if you use common web merchants through the iv link, some small piece of revenue will flow to iv at no cost to you! this could be a hotwire plane/hotel/car booking, american express card or much more. see the link on the home page and the thread from english august.
2. iv action items are more than just monetary contributions. folks we need your time and effort too, those who have not- please consider volunteering for help with rally preparations- there is a lot to be done, does not matter where you are located. and of course - hope to see you in DC 9/18!
please all, update your profile...
1. there is now another way to contribute, iv-merchandise is finally here, please visit the site, there are various exciting options. you can buy iv t shirts mugs, stickers, magnets et al also if you use common web merchants through the iv link, some small piece of revenue will flow to iv at no cost to you! this could be a hotwire plane/hotel/car booking, american express card or much more. see the link on the home page and the thread from english august.
2. iv action items are more than just monetary contributions. folks we need your time and effort too, those who have not- please consider volunteering for help with rally preparations- there is a lot to be done, does not matter where you are located. and of course - hope to see you in DC 9/18!
please all, update your profile...
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sid
04-02 02:00 PM
Zcool,
I applied for my H-1B extension and got an RFE asking for contracts and client letters for the requested period i.e., for the next 3 years.
I see that they asked for client letters from you ... but did they ask for the next 3 years? and if so, did you guys reply the RFE with a client for 3 years?
I have been working at the same client for the last 3 years, through a vendor. Mine is a small consulting company. The client has been extending the contract in 6 month increments and I could get a client letter for the next 6 months only.
Same is the case with the contract.
I could not file for 140/485 in july, 07.. so do not have the EAD safety net.
Please advise.
Thank you.
I applied for my H-1B extension and got an RFE asking for contracts and client letters for the requested period i.e., for the next 3 years.
I see that they asked for client letters from you ... but did they ask for the next 3 years? and if so, did you guys reply the RFE with a client for 3 years?
I have been working at the same client for the last 3 years, through a vendor. Mine is a small consulting company. The client has been extending the contract in 6 month increments and I could get a client letter for the next 6 months only.
Same is the case with the contract.
I could not file for 140/485 in july, 07.. so do not have the EAD safety net.
Please advise.
Thank you.
more...
smuggymba
08-19 07:48 PM
Background:
My wife did her MS from US university and is currently on OPT working with a small US Oil services company in Texas. Her OPT ends next May.
Question:
Can a non E-Verify company file for H1 visa?
Can a person extend their Drivers License in Texas during cap-gap? My wife's OPT ends next May and if her employer files H1 visa, can she work from May till October and extend her drivers license also?
My wife did her MS from US university and is currently on OPT working with a small US Oil services company in Texas. Her OPT ends next May.
Question:
Can a non E-Verify company file for H1 visa?
Can a person extend their Drivers License in Texas during cap-gap? My wife's OPT ends next May and if her employer files H1 visa, can she work from May till October and extend her drivers license also?
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svn
06-25 12:41 PM
But...I'm not comfortable with subject, that is starting with a question.. ( reply to svn's post)
IMO, it might backfire as...'What da xxxx is in it for legal immigrants?'( depending upon ones mood at that time)
I'm more for a lowered tone...request, that is.
Thanks hsingh82! for the post and validating the site.
Leo, that was just a suggestion - as I said, feel free to modify as you deem appropriate! The important thing is to send the faxes so we can draw attention to our plight!
IMO, it might backfire as...'What da xxxx is in it for legal immigrants?'( depending upon ones mood at that time)
I'm more for a lowered tone...request, that is.
Thanks hsingh82! for the post and validating the site.
Leo, that was just a suggestion - as I said, feel free to modify as you deem appropriate! The important thing is to send the faxes so we can draw attention to our plight!
more...
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jungalee43
05-24 12:28 PM
Sent
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gautamagg
07-20 02:27 AM
As some of you know that I don't really post on IV after the belittling of my posts and stand regarding F1 visas and support to Mr , I was asked by another IV loyalist friend who felt it was relevant I shared a letter I had sent to Mr. E Gonzalez over email yesterday as learnt of this issue yesterday.
Dear Mr. Gonzalez
I wanted to thank you for the announcement that has brought relief for many of us it is still the beginning of our fight for better processes and improved and updated laws for employment based green cards. I still don't see the light at the end of the tunnel with so many pending applications. I have already been 3 years in the process and my lawyers think I would be out for another 2 if not 3 after having gained premier advanced education from the US. The reasons are many fold. Some are process delays related and some due to statutory guidelines per the legislations. I wanted to document a few issues that if resolved can bring in a lot a relief. Also, I need to introduce you to an issue I was made aware of by a close friend who was surprisingly unhappy with yesterday's announcement.
Process delays on the part of USCIS have caused many delays in employment based visas to be issued. And based on how annual caps are counted and met, many EB based visas have been lost. (~500,000 in the last few years per the Ombudsman's office i.e. almost 4 years worth of visas). This has created a chicken and an egg problem. Because of the USCIS delays, the visa numbers have cumulatively got lost and there is no way to recapture them without a legislation change. No one seems to address the former issue. The Congress does not really have anything planned for the recapture to happen. As a result the 4 year backlog will become 5 and 5 will become 6 and so on. Not only are skilled workers left frustrated with stagnant careers, they are also left unheard and asked to look at other greener pastures outside of the US. This is hurting the US economy in many ways but one. Employers such as Microsoft are unable to retain people and therefore opening offices offshore - this will only promote job off shoring that middle class America is most worried about. Action needs to be taken on the part of the USCIS and Congress; else this situation will have ripple effects for many years to come that may reshape the American Society - more in negative ways than positive.
The next issue I wanted to discuss was something even crueler. Apparently people have been fighting for this issue from 1990 under many organizations with Unitefamilies.org being most active. Under the current legislation, a non immigrant long term visa holder such as F1, H1, L1, J1, etc. are allowed to immediately get their families (spouses and children) on similar dependent categories like F4, H4, etc. Also Green Card applicants can add the names of their spouses and children on their AOS applications (I-145) easily and create a primary-derivative pending application. But a Green Card holder who wishes to marry someone can not get his/ her spouse in the United States for over 6 years. The current legislation allows immediate family members such as spouse and children of citizens to be in the country in around 6 to 9 months but not so much for the permanent resident (PR). This leaves the PR holder with one of two options: live without family for 6 years or move with the family back to another country. The former is resulting in many broken families and against the American history that promotes family values. The latter is not feasible because PR laws require Green Card holders to be in the US for over 6 months a year to maintain the PR status. Is this really what our lawmakers want us to live with - 2 choices that change people's life for the worst?
On further understanding of the issue, I realize that legislation change is needed to allow reuniting families. This needs to be sorted out, I want the lawmakers to consider people who became PRs through an H1 or L1 employment route be given the benefit of getting their families more easily since they had those benefits when on the Non-Immigrant Visa. Then why stop a permanent resident from being with his/ her family? The lawmakers may be concerned that allowing all Green card holders to do so will increase the misuse of this option and promote marriages of convenience; but the beneficiaries through employment category should be allowed because they could avail of it while in the pending state in any case. This needs a legislation change and may address a big chunk of the issue at hand.
The one last scenario that I feel is a no brainier and needs no legislation change but more of a USCIS policy change is very straight forward and it becomes more relevant in this age of retrogression. This is the reason why my friend was unhappy and I have a feeling I may end up in this situation too and therefore will use myself as an example:
Based on yesterday's announcement I apply for my AOS. As mentioned in earlier emails the benefits of the AOS pending let me come out a of a stagnant career path. I am single and 30 years old. Since I do not have a wife, my application has no derivative. 2 months down the line I find the love of my life and get married in 3-4 months - before my AOS has been approved. Now I want to have my wife get the benefit of the AOS as well such that I can get her the Green Card too - to avoid the 6 year waiting time she will have if I apply after I get approved. But by then the retrogression dates move back again and my PD is not current anymore. Per the current USCIS process one can not apply for AOS if the date is not current. That process is also extrapolated to derivative applicants where the primary is pending and therefore the derivative has to wait for the dates to get current. The problem with this issue is that because no one has visibility into how USCIS approves application the primary may get approved as soon as the dates become current before the derivative could apply for the AOS. The derivative will not be able to apply for AOS and will have to go back of the country and wait outside for 6 years to file using the other path. Even though the marriage took place before the primary got approved but a process guideline prevents the derivative to apply. This is a very cruel process for people who are about to get married but do not want to risk a broken family and are delaying filing their AOS even though the visa bulletin allows them to. God knows when this window will open again. My friend has to choose between filing his own AOS or marriage. A simple process update can help us fix this situation. While the USCIS and people are still debating allowing filing of 485s with retrogressed PDs, this is a side issue that is recommending allowing filing of 485 for derivatives ASAP (instead of waiting for the primary's PD to become current again) if the 485 of the primary is already pending to avoid long waiting years for a couple to be together.
After hearing this issue, I am worried. My AOS was sent on Jul 2 and I am considering getting married by October. My PD is Dec 2004 EB2 India and may stay retrogressed for sometime. Per current process I will not be able to add my wife until my PD becomes current again and fear that my GC might get approved before I could do that...Ironically I am praying for a delay in my approval just so that I can build a family. This does not need a legislation change but a process review and change by the USCIS. This will help reduce the confusion on interfiled application and also reduce the strain on the 5-6 years of follow-on green cards.
Please feel free to contact me to further understand this issue. Read the following complicated analysis attorney Murthy has laid out to explain this situation: http://www.murthy.com/news/n_retspo.html
Thanks
Gautam
Dear Mr. Gonzalez
I wanted to thank you for the announcement that has brought relief for many of us it is still the beginning of our fight for better processes and improved and updated laws for employment based green cards. I still don't see the light at the end of the tunnel with so many pending applications. I have already been 3 years in the process and my lawyers think I would be out for another 2 if not 3 after having gained premier advanced education from the US. The reasons are many fold. Some are process delays related and some due to statutory guidelines per the legislations. I wanted to document a few issues that if resolved can bring in a lot a relief. Also, I need to introduce you to an issue I was made aware of by a close friend who was surprisingly unhappy with yesterday's announcement.
Process delays on the part of USCIS have caused many delays in employment based visas to be issued. And based on how annual caps are counted and met, many EB based visas have been lost. (~500,000 in the last few years per the Ombudsman's office i.e. almost 4 years worth of visas). This has created a chicken and an egg problem. Because of the USCIS delays, the visa numbers have cumulatively got lost and there is no way to recapture them without a legislation change. No one seems to address the former issue. The Congress does not really have anything planned for the recapture to happen. As a result the 4 year backlog will become 5 and 5 will become 6 and so on. Not only are skilled workers left frustrated with stagnant careers, they are also left unheard and asked to look at other greener pastures outside of the US. This is hurting the US economy in many ways but one. Employers such as Microsoft are unable to retain people and therefore opening offices offshore - this will only promote job off shoring that middle class America is most worried about. Action needs to be taken on the part of the USCIS and Congress; else this situation will have ripple effects for many years to come that may reshape the American Society - more in negative ways than positive.
The next issue I wanted to discuss was something even crueler. Apparently people have been fighting for this issue from 1990 under many organizations with Unitefamilies.org being most active. Under the current legislation, a non immigrant long term visa holder such as F1, H1, L1, J1, etc. are allowed to immediately get their families (spouses and children) on similar dependent categories like F4, H4, etc. Also Green Card applicants can add the names of their spouses and children on their AOS applications (I-145) easily and create a primary-derivative pending application. But a Green Card holder who wishes to marry someone can not get his/ her spouse in the United States for over 6 years. The current legislation allows immediate family members such as spouse and children of citizens to be in the country in around 6 to 9 months but not so much for the permanent resident (PR). This leaves the PR holder with one of two options: live without family for 6 years or move with the family back to another country. The former is resulting in many broken families and against the American history that promotes family values. The latter is not feasible because PR laws require Green Card holders to be in the US for over 6 months a year to maintain the PR status. Is this really what our lawmakers want us to live with - 2 choices that change people's life for the worst?
On further understanding of the issue, I realize that legislation change is needed to allow reuniting families. This needs to be sorted out, I want the lawmakers to consider people who became PRs through an H1 or L1 employment route be given the benefit of getting their families more easily since they had those benefits when on the Non-Immigrant Visa. Then why stop a permanent resident from being with his/ her family? The lawmakers may be concerned that allowing all Green card holders to do so will increase the misuse of this option and promote marriages of convenience; but the beneficiaries through employment category should be allowed because they could avail of it while in the pending state in any case. This needs a legislation change and may address a big chunk of the issue at hand.
The one last scenario that I feel is a no brainier and needs no legislation change but more of a USCIS policy change is very straight forward and it becomes more relevant in this age of retrogression. This is the reason why my friend was unhappy and I have a feeling I may end up in this situation too and therefore will use myself as an example:
Based on yesterday's announcement I apply for my AOS. As mentioned in earlier emails the benefits of the AOS pending let me come out a of a stagnant career path. I am single and 30 years old. Since I do not have a wife, my application has no derivative. 2 months down the line I find the love of my life and get married in 3-4 months - before my AOS has been approved. Now I want to have my wife get the benefit of the AOS as well such that I can get her the Green Card too - to avoid the 6 year waiting time she will have if I apply after I get approved. But by then the retrogression dates move back again and my PD is not current anymore. Per the current USCIS process one can not apply for AOS if the date is not current. That process is also extrapolated to derivative applicants where the primary is pending and therefore the derivative has to wait for the dates to get current. The problem with this issue is that because no one has visibility into how USCIS approves application the primary may get approved as soon as the dates become current before the derivative could apply for the AOS. The derivative will not be able to apply for AOS and will have to go back of the country and wait outside for 6 years to file using the other path. Even though the marriage took place before the primary got approved but a process guideline prevents the derivative to apply. This is a very cruel process for people who are about to get married but do not want to risk a broken family and are delaying filing their AOS even though the visa bulletin allows them to. God knows when this window will open again. My friend has to choose between filing his own AOS or marriage. A simple process update can help us fix this situation. While the USCIS and people are still debating allowing filing of 485s with retrogressed PDs, this is a side issue that is recommending allowing filing of 485 for derivatives ASAP (instead of waiting for the primary's PD to become current again) if the 485 of the primary is already pending to avoid long waiting years for a couple to be together.
After hearing this issue, I am worried. My AOS was sent on Jul 2 and I am considering getting married by October. My PD is Dec 2004 EB2 India and may stay retrogressed for sometime. Per current process I will not be able to add my wife until my PD becomes current again and fear that my GC might get approved before I could do that...Ironically I am praying for a delay in my approval just so that I can build a family. This does not need a legislation change but a process review and change by the USCIS. This will help reduce the confusion on interfiled application and also reduce the strain on the 5-6 years of follow-on green cards.
Please feel free to contact me to further understand this issue. Read the following complicated analysis attorney Murthy has laid out to explain this situation: http://www.murthy.com/news/n_retspo.html
Thanks
Gautam
more...
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ramus
07-18 02:52 PM
Please spend time on this thread..
http://immigrationvoice.org/forum/showthread.php?t=10510
http://immigrationvoice.org/forum/showthread.php?t=10510
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loudobbs
12-09 02:49 PM
If you dont have an answer to the question asked dont reply and dont advise what people should do....
keep that to your kids and good luck with that....
Please donate that extra money meant for leisure to IV instead going to Bahama this year. You may help yourself doing this and that humble act may get your GC quick and thus enable you to enjoy cruises to Bahama every year without worrying about Visa validity and time lines.
keep that to your kids and good luck with that....
Please donate that extra money meant for leisure to IV instead going to Bahama this year. You may help yourself doing this and that humble act may get your GC quick and thus enable you to enjoy cruises to Bahama every year without worrying about Visa validity and time lines.
more...
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nchendica
06-27 07:28 PM
I got my H1B approval. As USICS opened premium for I-140, I am trying to file another labor in EB3 and get an ed eval from thedegreepeople.com.
Thanks,
Naga
nchendica:
Could you give what is the current status of your case and what you did? did you get new evaluation from any one? If so, could you share the info. I have a similar situation.
You can email me the details to gcperm@gmail.com
thanks in advance.
Thanks,
Naga
nchendica:
Could you give what is the current status of your case and what you did? did you get new evaluation from any one? If so, could you share the info. I have a similar situation.
You can email me the details to gcperm@gmail.com
thanks in advance.
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nostra
03-31 11:27 AM
Please attach some pics or a video if possible!
Thank You.
Thank You.
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gcformeornot
01-07 11:32 AM
its a big news. 53000 employees will be under lot of stress in such bad economic time.... its in general bad for reputation of indian firms.
skgs2000
11-15 12:30 PM
Separate quota for Masters = Chances of that being passed and implementation
date = Feb 31, 2075......:)
date = Feb 31, 2075......:)
axp817
04-09 05:14 PM
In addition to what Roseball has already asked, I have one other question.
Is the 140 approved?
Is the 140 approved?
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