ameryki
09-28 12:07 PM
hmmm...wonder if they will retro if this gets approved. must have given $1000's in the soc sec in the past 8 years.
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Norristown
12-21 09:32 PM
1)My spouse EAD lost in mail beacuse of they did not mentioned apt # in the address.
2)USCIS sent us letter to apply again with new fee $340/-
3)I have applied my spouse EAD on Dec 12 and USCIS has already encashed cheque.
4)Today we got a letter saying USCIS found the lost EAD and they will mail the card soon.
5)We called USCIS for refund the money I have paid for replacement card. They said USCIS policy not to return fees.
Hard earned money sucked by USCIS@#$$%
I wish they issue multi year EAD !!
2)USCIS sent us letter to apply again with new fee $340/-
3)I have applied my spouse EAD on Dec 12 and USCIS has already encashed cheque.
4)Today we got a letter saying USCIS found the lost EAD and they will mail the card soon.
5)We called USCIS for refund the money I have paid for replacement card. They said USCIS policy not to return fees.
Hard earned money sucked by USCIS@#$$%
I wish they issue multi year EAD !!
software7
05-27 09:49 AM
We also were in the same boat EAD / AP / H-1 went to India, did not get our H-1s stamped, at the port of entry we were only asked for AP and finger prints were taken (good thing as now I have my finger prints current), Immigration officer looked at the valid H1 visa but did not do anything, I did not want to come back on EAD.
However looks like AP is the substitute for your H-1 B stamping in the passport.
Hope this helps..
--------------------------------------------------------------------------------
THis excerpt is from Murthy.com website under rumours section. (http://www.murthy.com/news/n_efftrv.html)
Rumor : If a foreign national is working on an H-1 or L-1, but travels abroad and enters on the Advance Parole (AP), s/he has lost the H-1 or L-1 status, as well as all the privileges of that status. Such a person would have to use an Employment Authorization Document (EAD) in order to work after returning on AP.
Clarification : The law in this area is rather complex, and somewhat contradictory. If a person enters the U.S. on Advance Parole, s/he no longer holds H-1 or L-1 status. However, under Legacy INS memos and USCIS interpretations, if the foreign national enters on AP, and works without an EAD, it is not regarded as unauthorized employment, if the H-1 or L-1 authorization for employment would not have expired, had the individual not traveled on AP. Additionally, if the individual returns to work for the H-1/L-1 employer after AP travel, s/he can resume the H-1/L-1 status if the employer files a request for extension of that status. The approval of the extension will terminate the grant of parole and return the foreign national to the nonimmigrant status.
Because the ability to work after AP travel is based on memos, rather than law or regulation, and because of the language used in the memos, it is safer for a person who has entered on AP to obtain the EAD, in order to have a clearly valid authorization for employment. For more on this topic, see our March 21, 2008 MurthyBulletin article, Effect of Travel while in H-1/L-1 Status and Pending I-485.
Effect of Travel While in H1B / L-1 Status and Pending I-485
Posted Mar 21, 2008
�MurthyDotCom
There are questions commonly on the minds of many Murthy Law Firm clients, as well as the greater immigrant community, that involve the effect of reentry into the U.S. on those who hold H1B or L-1 status as well as having approved Advance Parole (AP) based upon pending applications to adjust status (I-485). The law pertaining to this situation is not clear and the result is confusion. Thus, many with both H1B (or L-1) status and AP find themselves faced with the difficult decision of how to reenter the U.S. after travel abroad. One must decide between reentering in H1B (or L-1) status, which requires that the passport have a valid H1B (or L-1) visa stamp or utilizing the AP document. AP does not require an approved visa at the U.S. consulate. Such individuals are concerned about the manner they choose for reentering, as this may affect their respective status in the U.S. Answers to many of these questions are in our MurthyBulletin article
However looks like AP is the substitute for your H-1 B stamping in the passport.
Hope this helps..
--------------------------------------------------------------------------------
THis excerpt is from Murthy.com website under rumours section. (http://www.murthy.com/news/n_efftrv.html)
Rumor : If a foreign national is working on an H-1 or L-1, but travels abroad and enters on the Advance Parole (AP), s/he has lost the H-1 or L-1 status, as well as all the privileges of that status. Such a person would have to use an Employment Authorization Document (EAD) in order to work after returning on AP.
Clarification : The law in this area is rather complex, and somewhat contradictory. If a person enters the U.S. on Advance Parole, s/he no longer holds H-1 or L-1 status. However, under Legacy INS memos and USCIS interpretations, if the foreign national enters on AP, and works without an EAD, it is not regarded as unauthorized employment, if the H-1 or L-1 authorization for employment would not have expired, had the individual not traveled on AP. Additionally, if the individual returns to work for the H-1/L-1 employer after AP travel, s/he can resume the H-1/L-1 status if the employer files a request for extension of that status. The approval of the extension will terminate the grant of parole and return the foreign national to the nonimmigrant status.
Because the ability to work after AP travel is based on memos, rather than law or regulation, and because of the language used in the memos, it is safer for a person who has entered on AP to obtain the EAD, in order to have a clearly valid authorization for employment. For more on this topic, see our March 21, 2008 MurthyBulletin article, Effect of Travel while in H-1/L-1 Status and Pending I-485.
Effect of Travel While in H1B / L-1 Status and Pending I-485
Posted Mar 21, 2008
�MurthyDotCom
There are questions commonly on the minds of many Murthy Law Firm clients, as well as the greater immigrant community, that involve the effect of reentry into the U.S. on those who hold H1B or L-1 status as well as having approved Advance Parole (AP) based upon pending applications to adjust status (I-485). The law pertaining to this situation is not clear and the result is confusion. Thus, many with both H1B (or L-1) status and AP find themselves faced with the difficult decision of how to reenter the U.S. after travel abroad. One must decide between reentering in H1B (or L-1) status, which requires that the passport have a valid H1B (or L-1) visa stamp or utilizing the AP document. AP does not require an approved visa at the U.S. consulate. Such individuals are concerned about the manner they choose for reentering, as this may affect their respective status in the U.S. Answers to many of these questions are in our MurthyBulletin article
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crazyghoda
01-26 09:30 AM
For once, I am actually glad about the EB backlogs. The more retrogressed my date is, the less chance that the USCIS will raise any RFE.
Having said that, I dont want to be waiting around for ever.
unless he gets an RFE out of the blue asking for an employment verification letter, with a 30 day turnaround time. Then he does need to worry about his immigration status too.
485 pending means having a same/similar job offer ready at all times.
Having said that, I dont want to be waiting around for ever.
unless he gets an RFE out of the blue asking for an employment verification letter, with a 30 day turnaround time. Then he does need to worry about his immigration status too.
485 pending means having a same/similar job offer ready at all times.
more...
sguntaka
02-18 08:56 AM
I mailed on Feb 7 and they received on Feb 9. Based on above responses, I might need to wait atleast another week.
Thanks to all for sharing the info.
Thanks to all for sharing the info.
rameshvaid
08-23 10:03 PM
rameshvaid,
Thanks for your contribution, if you did in the past. We appreciate your perspective about issue based contribution, but in the real world of advocacy that is not how it works. So that's why we usually do not request for issue based contributions.
Also, 15% contribution that you see is the measure of new contributions. Hope you understand that with the bill being drafted as we speak, even if we want we do not have the luxury to continue to debate and mold as per every request on the forum. Its entirely up to you to decide how you would like to invest your time and energy. For us, we will do everything possible to make it happen regardless of your contribution. As you would know, the resources IV has is the measure of the importance of our issues for the decision makers.
All the best,
Thanks for taking note of my post. I am totally in agreement with your views. I wish and want IV a BIG success for mutual benefits. I know we need lot of money and efforts to meet our common goal. We by starting a thread only for DONORS and with sharing the info only with the DONORS have lost many big donors, I had seen in the past donating money. We need to find out a way where it is not a burden on any one to donate and all have the same access to the info the DONORS have. For some even $ 25.00 can be a big money depending upon individuals personal circumstances. I share your concerns in toto that you do not want to post all the info on this forum for various reasons but I am sure there should be a way to e-mail everyone via mass mailing to share the info. I also know this might take lot of efforts on your part but am sure there might be many here those are ready to spare some time including there spouces, those can help in doing some office work if need be.
What we can do is ask every one to doante ONLY DOLLAR per month and new memebrs signing up for the 1st time to contributr $ 25.00 one time fee. I am sure most will agree here and will sign up for DOLLAR ONE.
Their might be many others with better ideas on this forum and lets have a common opinion as to how we should proceed in future so that we have enough money. $ 1000.00 or 2000.00 a month is not going to help.
Best..
RV
Any and all suggestions for OUR CAUSE are welcome here..
RV
Thanks for your contribution, if you did in the past. We appreciate your perspective about issue based contribution, but in the real world of advocacy that is not how it works. So that's why we usually do not request for issue based contributions.
Also, 15% contribution that you see is the measure of new contributions. Hope you understand that with the bill being drafted as we speak, even if we want we do not have the luxury to continue to debate and mold as per every request on the forum. Its entirely up to you to decide how you would like to invest your time and energy. For us, we will do everything possible to make it happen regardless of your contribution. As you would know, the resources IV has is the measure of the importance of our issues for the decision makers.
All the best,
Thanks for taking note of my post. I am totally in agreement with your views. I wish and want IV a BIG success for mutual benefits. I know we need lot of money and efforts to meet our common goal. We by starting a thread only for DONORS and with sharing the info only with the DONORS have lost many big donors, I had seen in the past donating money. We need to find out a way where it is not a burden on any one to donate and all have the same access to the info the DONORS have. For some even $ 25.00 can be a big money depending upon individuals personal circumstances. I share your concerns in toto that you do not want to post all the info on this forum for various reasons but I am sure there should be a way to e-mail everyone via mass mailing to share the info. I also know this might take lot of efforts on your part but am sure there might be many here those are ready to spare some time including there spouces, those can help in doing some office work if need be.
What we can do is ask every one to doante ONLY DOLLAR per month and new memebrs signing up for the 1st time to contributr $ 25.00 one time fee. I am sure most will agree here and will sign up for DOLLAR ONE.
Their might be many others with better ideas on this forum and lets have a common opinion as to how we should proceed in future so that we have enough money. $ 1000.00 or 2000.00 a month is not going to help.
Best..
RV
Any and all suggestions for OUR CAUSE are welcome here..
RV
more...
santb1975
04-26 04:09 PM
The name of the Group is Immigration Voice.
I couldn't find it... Any suggestions how to find and join it... I am new in LinkedIn... like many others on this forum...
I couldn't find it... Any suggestions how to find and join it... I am new in LinkedIn... like many others on this forum...
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rajenk
07-22 01:18 PM
I am listing out what exactly, I have done and my EB3 GC is still active without any trouble. My current employer filed for GC and they are about to file my I-140 in EB2 porting my EB3 PD.
1. Get a legible copy of your current labor certification.
2. Get a legible copy of your current I-140, not the courtesy copy.
3. Get your H1 transferred. H4 is not needed to be transferred as the petitioner on H4 would be you or your current attorney. I would suggest you do a premium processing for H1.
4. DON'T give resignation notice until H1 is approved. Your new attorney might say, once filed you can join the new employer. NO don't do that in the current JOB environment.
5. Once H1 transfer approved, submit a polite cordial resignation letter. If you want a draft PM me. This is important to have a good relationship with your current employer. How ever bad your current employer/manager be. Just be polite.
6. Once they accept the resignation, get experience letters, you might need a corrected letters later once your new employer starts your new GC. The reason why I am asking you to be polite is for that. You might need to contact them again to get a corrected experience letter.
7. Start your new Job.
8. Do a address change if you are moving to a different place AR11. Do it online and make sure to say that you have pending applications that will trigger updates to your I-485, there will be LUD (Last Updated Date) changes. Do it for both yourself and your wife.
9. Now have your new attorney/new company file for G28 - "Change of representation". Along with this you need to submit AC21 support documents.
a. A letter from your new attorney that you are taking a different job based on your I-485 filing and pending for more than 180 days and using AC21 portability. Also he has to explain that your new job is "same/similar" to the job that you were doing. Provide the O*NET job code (Usually in the labor cert) and state that your new job matches with that old job code. Look up your code in this website O*NET OnLine (http://online.onetcenter.org/) and Justify your new title to be matching that. For eg. If your current job title is "Associate engineer" and your new title is "Sr.Software Engineer" an explanation as to why these two job titles are same/similar.
b. A letter from your new employer giving details about your new job and your duties, get those things in line with your current labor job description. And also should include the salary, don't worry about the difference, make sure it it not less than your current labor cert.
c. Include the AC21 memo attached.
d. Include the currently approved labor cert.
e. Include the currently approved I-140 copy.
10. When your new employer is ready to file labor, ask them to provide the minimum requirements for the job be Bachelors with 5+ years of experience or Masters. This is what makes your new job qualify for EB2. The next part is making you qualify for EB2, so if you are from India then make sure your Degree is a 4 year Bachelor degree and you have got 5+ years of experience already. Or if masters it should be 3+3 or 4+2 year Masters, in which the 3 and 4 are Bachelors (BSc, BE, B.Tech)
11. Once the labor is approved, file for new I-140 with a letter requesting for PD port from your previously approved I-140. You need to submit a copy of the original approval not the courtesy copy. I have explained this in detail in a different post, search for posts by my name.
At this stage if your EB2 priority date is current then you can interfile I-140 with the pending I-485. Then no need for step 12. If the PD is not current then you need to interfile when the PD is current.
12. Once I-140 is approved you have to interfile with your pending I-485.
Update: 10/01/2010. I got my and my wife's I-485 approved today. Yes porting from EB3 to EB2 works.
Then regarding the AP and EAD you can use it and your wife can use it. That will not be affected. In fact I got both mine and wife's EAD renewed for 2 years after job change and filing the AC21 documents. Also we have got new AP and traveled to India as well. And renewals of AP and EAD can be done by yourself, don't ask your new employer for all those perks, that will cause the new employer think about your new GC process.
Regarding the GC, just make sure that they agree up on at least on an e-mail from HR and or hiring manager. Don't insist that to be on your offer letter. E-mail agreement is more than sufficient.
Also it is safe to maintain dual status of H1 and EAD, like me and my wife do. That is a safety net just in case.
That is all I have to say.
And Congratulations! on your new job.
Good luck.
Raj:)
1. Get a legible copy of your current labor certification.
2. Get a legible copy of your current I-140, not the courtesy copy.
3. Get your H1 transferred. H4 is not needed to be transferred as the petitioner on H4 would be you or your current attorney. I would suggest you do a premium processing for H1.
4. DON'T give resignation notice until H1 is approved. Your new attorney might say, once filed you can join the new employer. NO don't do that in the current JOB environment.
5. Once H1 transfer approved, submit a polite cordial resignation letter. If you want a draft PM me. This is important to have a good relationship with your current employer. How ever bad your current employer/manager be. Just be polite.
6. Once they accept the resignation, get experience letters, you might need a corrected letters later once your new employer starts your new GC. The reason why I am asking you to be polite is for that. You might need to contact them again to get a corrected experience letter.
7. Start your new Job.
8. Do a address change if you are moving to a different place AR11. Do it online and make sure to say that you have pending applications that will trigger updates to your I-485, there will be LUD (Last Updated Date) changes. Do it for both yourself and your wife.
9. Now have your new attorney/new company file for G28 - "Change of representation". Along with this you need to submit AC21 support documents.
a. A letter from your new attorney that you are taking a different job based on your I-485 filing and pending for more than 180 days and using AC21 portability. Also he has to explain that your new job is "same/similar" to the job that you were doing. Provide the O*NET job code (Usually in the labor cert) and state that your new job matches with that old job code. Look up your code in this website O*NET OnLine (http://online.onetcenter.org/) and Justify your new title to be matching that. For eg. If your current job title is "Associate engineer" and your new title is "Sr.Software Engineer" an explanation as to why these two job titles are same/similar.
b. A letter from your new employer giving details about your new job and your duties, get those things in line with your current labor job description. And also should include the salary, don't worry about the difference, make sure it it not less than your current labor cert.
c. Include the AC21 memo attached.
d. Include the currently approved labor cert.
e. Include the currently approved I-140 copy.
10. When your new employer is ready to file labor, ask them to provide the minimum requirements for the job be Bachelors with 5+ years of experience or Masters. This is what makes your new job qualify for EB2. The next part is making you qualify for EB2, so if you are from India then make sure your Degree is a 4 year Bachelor degree and you have got 5+ years of experience already. Or if masters it should be 3+3 or 4+2 year Masters, in which the 3 and 4 are Bachelors (BSc, BE, B.Tech)
11. Once the labor is approved, file for new I-140 with a letter requesting for PD port from your previously approved I-140. You need to submit a copy of the original approval not the courtesy copy. I have explained this in detail in a different post, search for posts by my name.
At this stage if your EB2 priority date is current then you can interfile I-140 with the pending I-485. Then no need for step 12. If the PD is not current then you need to interfile when the PD is current.
12. Once I-140 is approved you have to interfile with your pending I-485.
Update: 10/01/2010. I got my and my wife's I-485 approved today. Yes porting from EB3 to EB2 works.
Then regarding the AP and EAD you can use it and your wife can use it. That will not be affected. In fact I got both mine and wife's EAD renewed for 2 years after job change and filing the AC21 documents. Also we have got new AP and traveled to India as well. And renewals of AP and EAD can be done by yourself, don't ask your new employer for all those perks, that will cause the new employer think about your new GC process.
Regarding the GC, just make sure that they agree up on at least on an e-mail from HR and or hiring manager. Don't insist that to be on your offer letter. E-mail agreement is more than sufficient.
Also it is safe to maintain dual status of H1 and EAD, like me and my wife do. That is a safety net just in case.
That is all I have to say.
And Congratulations! on your new job.
Good luck.
Raj:)
more...
titu1972
09-13 04:48 PM
If anyone were to change jobs AFTER EAD and are asked " Do you need sponsorship for this position"
What should be your answer ?
Does having EAD allow you to work for the Lockheed Martins, Boeings,NIHs of the industry ....the and likes of such companies (which generally ask for Perm resident)
To work these companies, you need security clearance. For this you need to be US citizen. Also you cannot apply for security clearance. Your employer need to apply security clearance on your behalf. It may take 6 month to yr time. It also depends on type of security level.
What should be your answer ?
Does having EAD allow you to work for the Lockheed Martins, Boeings,NIHs of the industry ....the and likes of such companies (which generally ask for Perm resident)
To work these companies, you need security clearance. For this you need to be US citizen. Also you cannot apply for security clearance. Your employer need to apply security clearance on your behalf. It may take 6 month to yr time. It also depends on type of security level.
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saint_2010
08-14 06:20 PM
Originally Posted by JBarret
HI Folks,
One of my friend told that my name is very popular in IV forums, and thought of checking how good/bad is my name here.
I'm able to read the forum which was in my name, but I couldn't post a reply as it is closed. So I just started a new thread (of course it took 3 hrs to find and understand this forums, coz I'm not a memebre of any forums)
Some one told that I scrwed their application....I don't think so..coz the stamps are all auto programmed and no body can do anything with that, If it happend to you..then you guys are responsable for this...thinking how?
Yes it is computer programmed. So the s/w might have some bugs...now I have to blame u guys.
I wish you all goodluck with your INS applications.
(The Myth, donot balme anyone until u confirms)
HI Folks,
One of my friend told that my name is very popular in IV forums, and thought of checking how good/bad is my name here.
I'm able to read the forum which was in my name, but I couldn't post a reply as it is closed. So I just started a new thread (of course it took 3 hrs to find and understand this forums, coz I'm not a memebre of any forums)
Some one told that I scrwed their application....I don't think so..coz the stamps are all auto programmed and no body can do anything with that, If it happend to you..then you guys are responsable for this...thinking how?
Yes it is computer programmed. So the s/w might have some bugs...now I have to blame u guys.
I wish you all goodluck with your INS applications.
(The Myth, donot balme anyone until u confirms)
more...
kumarc123
04-02 03:25 PM
I strongly believe, they my use a point system approach like other countries. They talked about point system in the past, I am pretty sure thy might implement that system
What do you all think?
What do you all think?
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tdasara
11-20 11:40 AM
According to German Consulate, EU law requires transit visa when traveling via Europe on AP. I requested the info from the consulate.
more...
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yvsatyaprasad
11-23 03:02 PM
Kuhelica-
Your wife should be fine, I traveled on an expired I-94 with valid Advance Parole and the immigration officer did not ask me any questions.
Hope this helps
Venkat
Your wife should be fine, I traveled on an expired I-94 with valid Advance Parole and the immigration officer did not ask me any questions.
Hope this helps
Venkat
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chetanjumani
04-11 10:28 AM
There has hardly been a consistency in how USCIS deals with the cases. Even though I have read some where that concurrent cases will be adjudicated together as per PPP. But at the same time, we have see concurrent cases in that shows that 140 was approved but 485 was not.
Not sure how they handle it, but any ways, I would say once your Received Date is passed the processing date, make you company lawyer open a service request to check why the case is not approved.
I see some people who have PD current have actually benefited from this program. But this same program can be a nightmare for people who want to use AC21 after 180 days of filing I-485.
I have asked my lawyer to follow up on this.
Also there was another thread where IV plans to take up the issue of I140 pending for a long time and see if special attention is given to them, dont miss sending your case information for that initiative.
Thanks,
Not sure how they handle it, but any ways, I would say once your Received Date is passed the processing date, make you company lawyer open a service request to check why the case is not approved.
I see some people who have PD current have actually benefited from this program. But this same program can be a nightmare for people who want to use AC21 after 180 days of filing I-485.
I have asked my lawyer to follow up on this.
Also there was another thread where IV plans to take up the issue of I140 pending for a long time and see if special attention is given to them, dont miss sending your case information for that initiative.
Thanks,
more...
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scm303
09-10 09:56 AM
My case is NSC-TSC-NSC. I-485 applied in NSC in July 07, transferred to TSC for data entry, transferred back to NSC in 2007. Card production ordered mail today.
Hang in there and open a SR if you have not done it yet. I think it helps. I opened one on 7th and got approval on 9th.
Hang in there and open a SR if you have not done it yet. I think it helps. I opened one on 7th and got approval on 9th.
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krish99
05-28 01:22 AM
My case is simmiler to what you is yours , check this case
http://immigrationvoice.org/forum/showthread.php?t=19294
http://immigrationvoice.org/forum/showthread.php?t=19294
more...
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voldemar
07-02 05:21 PM
We sent it on June 8 07.
USCIS updated case saying that they recieved it on June 12th 07.
It seems I missed the bus this time. Our response was received on 06/27 and then there were LUD on 06/28, 06/29, 06/30 and even today.
USCIS updated case saying that they recieved it on June 12th 07.
It seems I missed the bus this time. Our response was received on 06/27 and then there were LUD on 06/28, 06/29, 06/30 and even today.
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dkshitij
04-23 02:03 PM
I have a Ph.D. in Mech Engg from Top 15 univ, 3 Journal Papers, 6 international conference publications, 15 citations, and a full time job with a great employer. But the employer can't sponsor EB1-OR as there is no research involved. How pathetic are the rules for EB-1? ...just venting!
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jonty_11
05-09 05:58 PM
great thought. Lets not let the IV torch blow out..Its crucial for Legal immigrants...
485Question
10-31 12:21 PM
It looks like your employer is playing with you, either they did not filed intensionally or they missed to file. Did you get the tracking number by any chance from ur employer or attorney.
Just my thoughts, please make sure.
Thanks
Just my thoughts, please make sure.
Thanks
chanukya
04-05 09:16 AM
This bill will benifit Univ Recruitement of Lecturers and scientists, with PhD qualifications and in some research areas also in private sector (If any left here in US,---during Obama tenure and after Out sourciing the research also to India).
The underlying condition is that Job should require a PhD....
Given the economy, one can easily imagine which employer would dare to say that a particular job requires PhD and stand the test of DOL
Looks like somebody from Immigrant community is working with House to plug the leaks....in the law....becoming more and more precise in law making....
The underlying condition is that Job should require a PhD....
Given the economy, one can easily imagine which employer would dare to say that a particular job requires PhD and stand the test of DOL
Looks like somebody from Immigrant community is working with House to plug the leaks....in the law....becoming more and more precise in law making....
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