Ramba
07-14 10:02 PM
--
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
Have you read the USCIS question? If not, read few times to understand how your interpretation is wrong.
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
The bottom line is if his approved 140 is not revoked with in 180 days of filing the 485, his 485 is still valid even if ported the job with in a month after filing 485.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as you say the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
Have you read the USCIS question? If not, read few times to understand how your interpretation is wrong.
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
The bottom line is if his approved 140 is not revoked with in 180 days of filing the 485, his 485 is still valid even if ported the job with in a month after filing 485.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as you say the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
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kaisersose
02-21 04:12 PM
I had one question. If there 140 K quota and 400 k employment AOS pending shuldnt they be cleared in 2-3 years (140k*3) since no matter what 140 k visas are going to get used (for example if there are leftovers others will get it)?
Even assuming hereafter no visa numbers will be wasted, It is not exactly FIFO for that to happen.
Consider this:
a) The Indian Applicant started back in 2003. In 2009 everything is done except assigning a visa number to this case.
b) There is a German Applicant who will start in 2008. In 2009 everything is done except assigning a visa number to this case.
The German will get a visa number assigned and a green card, but the Indian will not as he still has thousands ahead of him waiting for visa numbers.
Therefore 400K at 140K/ year is not how it works.
Even assuming hereafter no visa numbers will be wasted, It is not exactly FIFO for that to happen.
Consider this:
a) The Indian Applicant started back in 2003. In 2009 everything is done except assigning a visa number to this case.
b) There is a German Applicant who will start in 2008. In 2009 everything is done except assigning a visa number to this case.
The German will get a visa number assigned and a green card, but the Indian will not as he still has thousands ahead of him waiting for visa numbers.
Therefore 400K at 140K/ year is not how it works.
Canadian_Dream
12-11 02:43 PM
Since this has always been pushed through legilative means (S.1932), there might be a hurdle involved in using "Rulemaking" approach to this solution, nevertheless this idea should atleast be explored. Here is how rulemaking procedures work in Govt Agency: (Adding Flexibility is something that can be done through Rulemaking).
http://en.wikipedia.org/wiki/Rulemaking
Adding flexibility. More detailed regulations allow for more nuanced approaches to various conditions than a single legislative standard could. Moreover, regulations tend to be more easily changed as new data or technologies emerge.
http://en.wikipedia.org/wiki/Rulemaking
Adding flexibility. More detailed regulations allow for more nuanced approaches to various conditions than a single legislative standard could. Moreover, regulations tend to be more easily changed as new data or technologies emerge.
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tapukakababa
07-18 12:12 PM
hi tapukakababa, can you please provide me with a number for USCIS nebraska SC. I would like to talk to them as well.
I called at the same number you provided all of us in your earlier posts
1-800-375-5283, with ext 1,2,3,6
I called at the same number you provided all of us in your earlier posts
1-800-375-5283, with ext 1,2,3,6
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arbhaat
04-06 09:12 PM
good post ek_bechara!
ppl, think for yourself. don't believe in the rumor unless it happens to YOU!
btw, GCs are in separate immigration line at the airport, so I seriously doubt any H1B interview happened "right in front" of a GC holder. That's pure .. well you know what!
ppl, think for yourself. don't believe in the rumor unless it happens to YOU!
btw, GCs are in separate immigration line at the airport, so I seriously doubt any H1B interview happened "right in front" of a GC holder. That's pure .. well you know what!
needhelp!
09-26 12:31 PM
What paragraph ? what is the update in the CNN link ? i don't see any, every where its h1B..can somebody pl. help..
Original text:
"Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill.
The demonstrators said that potential employees-who are needed in growing fields such as engineering and software development-are being shut out because of a lack of H-1B visas. "
Updated text:
Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill. The demonstrators were protesting long delays in securing green cards for highly-skilled workers already in the U.S. The lags make it difficult for businesses in fields such as engineering and software development to secure and keep foreign skilled labor in the country, they say.
But I agree with you that everywhere it is H1, so it is hard to notice that rally was NOT about H1.
Original text:
"Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill.
The demonstrators said that potential employees-who are needed in growing fields such as engineering and software development-are being shut out because of a lack of H-1B visas. "
Updated text:
Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill. The demonstrators were protesting long delays in securing green cards for highly-skilled workers already in the U.S. The lags make it difficult for businesses in fields such as engineering and software development to secure and keep foreign skilled labor in the country, they say.
But I agree with you that everywhere it is H1, so it is hard to notice that rally was NOT about H1.
more...
varshadas
09-12 10:57 AM
Ajay, Shekhar, Sanjay where are you guys? I have not heard from you guys for a while. Is anyone of you going to the rally? If not, have you guys been spreading the message within your contacts?
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nomi
12-13 09:54 AM
I am sure the IV core would have thought about this option of contacting USCIS and let them know the problems because of retrogression.
But I like the idea of collecting 10$ for the fax and creating awareness. Lets move.
so let find out who is dead of department of homeland Security and get addresses , phone number and fax. USCIS is branch of DHS. That`s where we need to contact them and ask them what we THEY can do for us and what are our legal options
please someone work with core team to get that fax letter ready. I can do that if core team allow me
thx.
But I like the idea of collecting 10$ for the fax and creating awareness. Lets move.
so let find out who is dead of department of homeland Security and get addresses , phone number and fax. USCIS is branch of DHS. That`s where we need to contact them and ask them what we THEY can do for us and what are our legal options
please someone work with core team to get that fax letter ready. I can do that if core team allow me
thx.
more...
grinch
02-27 03:07 PM
Hey guys,
just wanted to post a really early render of what I have so far. I'm kinda noob to 3d, unlike u guys, so gimme a break ;)
I need textures, you guys know any websites that offer free textures?
http://img.photobucket.com/albums/v403/grinchvader/subwaytes.jpg
just wanted to post a really early render of what I have so far. I'm kinda noob to 3d, unlike u guys, so gimme a break ;)
I need textures, you guys know any websites that offer free textures?
http://img.photobucket.com/albums/v403/grinchvader/subwaytes.jpg
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mirage
02-03 08:33 PM
We may not see each other eye to eye on this issue, but any idea is certainly welcome. On the other note I'm certainly going to call lawmakes office and convince them to get this done, you may say we should wait for the right time to arrive but I personally feel, there is no better time than now.
Look mirage, I want to help in anyway I can, and I know your intensions are good, but good intensions and mere frustartion arenot enough to produce the desired results. The effort has to timed well. Bush had good intensions, atleast thats what he said, but the outcome was not how everyone desired. I am telling you, conserve your energy for the right time, don't lose steam and willingness to do something about the issue, but do not waste your energy. Use it wisely. Although, I must say that I have witnessed a lot of gurus in these forums. Sometimes I see them logged in, but they do not always post. If I were you, I would do my hiomework, get those folks on board, chose the right time, and put in the best effort.
.
Look mirage, I want to help in anyway I can, and I know your intensions are good, but good intensions and mere frustartion arenot enough to produce the desired results. The effort has to timed well. Bush had good intensions, atleast thats what he said, but the outcome was not how everyone desired. I am telling you, conserve your energy for the right time, don't lose steam and willingness to do something about the issue, but do not waste your energy. Use it wisely. Although, I must say that I have witnessed a lot of gurus in these forums. Sometimes I see them logged in, but they do not always post. If I were you, I would do my hiomework, get those folks on board, chose the right time, and put in the best effort.
.
more...
wellwishergc
07-13 10:54 AM
Right on! You are absolutely right! It just needs people to amplify their vision. Even if there is a hidden agenda for somebody else, why shouldn't you be happy if it benefits both you and the other person?
As anyone in this forums know about this "may-a-times-told" joke about a bunch of people in an airplane that have to make some hard decision on dropping out some of thier own to save the flying aircraft. As one by one jumps out of the aircraft for a noble cause of saving the other person - our own Desi pushed the next one crying " Gandhiji ki Jai" - saving himself instead of others.
The moral of the story (which people never really bothered to infer) was that our Desi folks are trigger ready to pull someone down when it comes to me versus them. I hate to stereotype people - based on some unfounded and preconceived notions , but the more and more postings I see like this, it just reinforces my beliefs that we are still gullible enough to be divided no matter what the past had taught us.
I enjoy visiting IV forums - because of all the Indian based forums - this was one place where people came together rallied for a cause - something that I could not find in any other place. Now I am seeing some folks postings that spites and pits one against another - without understanding the real issue.
What or why does it matter if Murthy sending a letter to DHS or its Director is all about getting credit for her? Why do we have to think that its "us versus them" within our group - when we are all fighting for one single cause?
Need some civility here - Please!
As anyone in this forums know about this "may-a-times-told" joke about a bunch of people in an airplane that have to make some hard decision on dropping out some of thier own to save the flying aircraft. As one by one jumps out of the aircraft for a noble cause of saving the other person - our own Desi pushed the next one crying " Gandhiji ki Jai" - saving himself instead of others.
The moral of the story (which people never really bothered to infer) was that our Desi folks are trigger ready to pull someone down when it comes to me versus them. I hate to stereotype people - based on some unfounded and preconceived notions , but the more and more postings I see like this, it just reinforces my beliefs that we are still gullible enough to be divided no matter what the past had taught us.
I enjoy visiting IV forums - because of all the Indian based forums - this was one place where people came together rallied for a cause - something that I could not find in any other place. Now I am seeing some folks postings that spites and pits one against another - without understanding the real issue.
What or why does it matter if Murthy sending a letter to DHS or its Director is all about getting credit for her? Why do we have to think that its "us versus them" within our group - when we are all fighting for one single cause?
Need some civility here - Please!
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krishmunn
05-23 02:35 PM
Definitely much better than a computer operators'. I have high regards for people who work at reputed companies such as MS, ORCL, Apple though. By computer operator i mean people who try to speak english but sound as if they are speaking telugu.
What about those who try to speak English but sound like Hinglish (North Indian including Punjabi, Jath et al), or Bonglish (Bengali ) or Inglish (Gujarati -- "In evening I had heavy 'snakes' ).... are all of them (including you) just some "computer operator" ?
What about those who try to speak English but sound like Hinglish (North Indian including Punjabi, Jath et al), or Bonglish (Bengali ) or Inglish (Gujarati -- "In evening I had heavy 'snakes' ).... are all of them (including you) just some "computer operator" ?
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gimmegc
07-13 08:36 PM
Lucky you, you might start seeing LUDs on you case by the end of this month. If you do please send me a message.
Reg correcting the dates, USCIS usually takes months to respond to such things. I'm not gonna do anything about it for my case, unless the processing dates show virtually no movement.
My understanding of process.date is that it is the oldest date of completed cases - which means they might be caught up with processing on most cases received till that date (July-20th 2007 ?) I could be wrong, we'll see..
Thanks, I will keep you posted. My PD is Nov 04 and I am hopeful that something good is gonna come out of this one......
Reg correcting the dates, USCIS usually takes months to respond to such things. I'm not gonna do anything about it for my case, unless the processing dates show virtually no movement.
My understanding of process.date is that it is the oldest date of completed cases - which means they might be caught up with processing on most cases received till that date (July-20th 2007 ?) I could be wrong, we'll see..
Thanks, I will keep you posted. My PD is Nov 04 and I am hopeful that something good is gonna come out of this one......
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vghc
02-04 12:36 PM
Some questions to those who are supporting country cap.
Why not put a country cap on foreign students� visas since many of them get into the green card line eventually?
Why not put a country cap on H1B visas since many of them get into the green card line eventually?
Why not put a country cap on labor certifications?
Why not put a country cap on I-140s?
Why not impose a country cap at the port of entry?
Why not put a country cap on visitors� visas?
Why not put a country cap on business visas?
Why not put a country cap on US trade with other countries?
Why not put a country cap on amount of US $ reserves that each country can have?
Why not put a country cap on children that foreigners in the US can bear?
Why not put a country cap on the foreigners� earnings in the US?
.
.
.
And the list can go on.
Putting country cap on greens cards serves a hidden racist agenda of not letting the people of one particular ethnic group grow in number and become strong.
Why not just fight for increase in numbers of GC and benefit everyone?
Taking a benefit from one group and applying to another disadvantage group only causes division of the entire group. Lets be more constructive in coming out with a solution.
Why not put a country cap on foreign students� visas since many of them get into the green card line eventually?
Why not put a country cap on H1B visas since many of them get into the green card line eventually?
Why not put a country cap on labor certifications?
Why not put a country cap on I-140s?
Why not impose a country cap at the port of entry?
Why not put a country cap on visitors� visas?
Why not put a country cap on business visas?
Why not put a country cap on US trade with other countries?
Why not put a country cap on amount of US $ reserves that each country can have?
Why not put a country cap on children that foreigners in the US can bear?
Why not put a country cap on the foreigners� earnings in the US?
.
.
.
And the list can go on.
Putting country cap on greens cards serves a hidden racist agenda of not letting the people of one particular ethnic group grow in number and become strong.
Why not just fight for increase in numbers of GC and benefit everyone?
Taking a benefit from one group and applying to another disadvantage group only causes division of the entire group. Lets be more constructive in coming out with a solution.
more...
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jw419
04-14 03:11 AM
Many people do not know about this issue yet. My senators do not want to do much on this issue because it is sensitive to bogus national security. My corporate lawyers (and executives) do not want to draw attention to this matter because retrogression is less trickier than this one politically. Guys we need to speak out otherwise nobody will even know about this issue.
How big the impact is? Of the tens of friends, neighbors, coworkers I know of who filed I-485 in 2003, only one got approved. The majority is waiting name check clearance for more 2.5 years!
How big the impact is? Of the tens of friends, neighbors, coworkers I know of who filed I-485 in 2003, only one got approved. The majority is waiting name check clearance for more 2.5 years!
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Macaca
01-18 08:15 AM
We sent out a newsletter last night and out of 8400 emails, we have nearly 250 bounced back.
Emails like a@abc.com are obviously bogus emails.
See, I can understand the reason for that, you dont want spam. But we send out newsletter less than 2-3 times a month. And we dont sell information.
Send them PM and track them when they are logged.
IV newsletter is NOT spam. It is VERY good cause for the recipient. You have to be more aggressive.
Emails like a@abc.com are obviously bogus emails.
See, I can understand the reason for that, you dont want spam. But we send out newsletter less than 2-3 times a month. And we dont sell information.
Send them PM and track them when they are logged.
IV newsletter is NOT spam. It is VERY good cause for the recipient. You have to be more aggressive.
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akred
01-28 12:50 AM
From what I've read, the country caps were originally intended to soothe fears of uncontrolled immigration from the 3rd world. Similarly, the diversity lottery was supposed to increase immigration from Europe.
Both schemes are essentially restrictionist ploys to maintain a white America.
Both schemes are essentially restrictionist ploys to maintain a white America.
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sanju
11-11 10:46 PM
With democrats in control, at the very minimum we should try to push recapture of lost visa numbers. Tie that with the ability of immigrants to buy houses, we could have a game winner...
As I said earlier, try something original. Do you know anyone on this forum who is oppose to the idea of recapture? You seem to suggest as if someone is saying "NO we do not want recapture". Is that what you think? And what makes you think that democrats will allow recapture? They have been in power in the congress for last 2 years. If they would have passed recapture, the current president would have for sure signed the bill into law. Democrats want comprehensive bill. They don't love any of us. Maybe, when they are passing comprehensive bill, and if they have some space left on the white paper, and they have nothing else to put in there, they may consider putting recapture. No matter how liberal we tend to be in our individual thought process and outlook, which generally is the tendency for most people in EB community to support democrats, the fact is, policies of Democratic party almost never support EB applicants. When Democrats have to chose between undocumented, family, H1 and EB applicant. We will be the lowest priority, or no priority. And because most of us inherently think/support democrats, we expect them to return the favor. "Wrong" expectation.
And why blame EB community for supporting Democrats. Majority of population usually votes for candidate/party who has the policies to screw them. I mean, a lot of people who earn less then 40K vote republican, either in the name of religion aka conservativeness or whatever. Republicans give tax breaks to rich and screw the people who vote for them. Large percentage of Democratic supporters tend to live in cities or suburbs. They tend to earn more and are usually educated, for example, most people with college degree voted for Obama, and now Democrats will screw them for voting Dems in power by putting higher taxes on them. I guess, the rule is, parties who win elections have the onus of screwing the people who elected or supported them in the elections.
I am merely trying to say that even if you tend to support Democrats, don't expect them to return the favor, but apply the general rule and get ready to be screwed for bringing them in power.
.
As I said earlier, try something original. Do you know anyone on this forum who is oppose to the idea of recapture? You seem to suggest as if someone is saying "NO we do not want recapture". Is that what you think? And what makes you think that democrats will allow recapture? They have been in power in the congress for last 2 years. If they would have passed recapture, the current president would have for sure signed the bill into law. Democrats want comprehensive bill. They don't love any of us. Maybe, when they are passing comprehensive bill, and if they have some space left on the white paper, and they have nothing else to put in there, they may consider putting recapture. No matter how liberal we tend to be in our individual thought process and outlook, which generally is the tendency for most people in EB community to support democrats, the fact is, policies of Democratic party almost never support EB applicants. When Democrats have to chose between undocumented, family, H1 and EB applicant. We will be the lowest priority, or no priority. And because most of us inherently think/support democrats, we expect them to return the favor. "Wrong" expectation.
And why blame EB community for supporting Democrats. Majority of population usually votes for candidate/party who has the policies to screw them. I mean, a lot of people who earn less then 40K vote republican, either in the name of religion aka conservativeness or whatever. Republicans give tax breaks to rich and screw the people who vote for them. Large percentage of Democratic supporters tend to live in cities or suburbs. They tend to earn more and are usually educated, for example, most people with college degree voted for Obama, and now Democrats will screw them for voting Dems in power by putting higher taxes on them. I guess, the rule is, parties who win elections have the onus of screwing the people who elected or supported them in the elections.
I am merely trying to say that even if you tend to support Democrats, don't expect them to return the favor, but apply the general rule and get ready to be screwed for bringing them in power.
.
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Siboo
07-24 01:25 PM
Any July 2nd filers got their receipt #s?
My package has been sent to TSC on July 2nd around 9AM by FedEx. Did not hear anything yet.
Did you call TSC about the status? Somebody got their receipt numbers today by calling NSC. (looks like package Reached NSC on 06/23/2007 and Notice Date is 07/24/2007)
My package has been sent to TSC on July 2nd around 9AM by FedEx. Did not hear anything yet.
Did you call TSC about the status? Somebody got their receipt numbers today by calling NSC. (looks like package Reached NSC on 06/23/2007 and Notice Date is 07/24/2007)
dealsnet
06-01 09:40 PM
Headed to Canada, Mexico, Bermuda or the Caribbean? Here's a tip: Take your passport to avoid a headache coming home.
U.S. and Canadian citizens must present approved ID at land and sea borders
The rule was scheduled to take effect more than a year ago
Some business and tourism groups fear that regulations will hurt business
U.S. border officials say electronic passport readers should expedite traffic
READ MORE
http://www.cnn.com/2009/TRAVEL/06/01/us.canada.border.rules/index.html
U.S. and Canadian citizens must present approved ID at land and sea borders
The rule was scheduled to take effect more than a year ago
Some business and tourism groups fear that regulations will hurt business
U.S. border officials say electronic passport readers should expedite traffic
READ MORE
http://www.cnn.com/2009/TRAVEL/06/01/us.canada.border.rules/index.html
GCBy3000
12-27 09:44 AM
I have been in different states and this drivers licence rule differ substantially. California / florida strictly goes with your H1b validity date. For H4, it is much more difficult and my wife did not get it in CA but somehow managed ot get it in FL. When I moved to wisconsin, they gave me 3+years over my H1b validity date and also for my wife. The entire DMV process took us 5 mins whereas in FL, we stood in line from morining 3 am till evening 5pm and eventually got appointment for next day. When I asked about this in WI DMV, they said Wisconsin does not follow this and they are not aware of this.
If financial institutions are following govt regulations, does it mean that Govt mandated this against h1b? One of those gimmicks where a H1b is subject to difficulty like obtaining driver lisence etc...is this the same gimmick to legally give hardship to h1b?
If financial institutions are following govt regulations, does it mean that Govt mandated this against h1b? One of those gimmicks where a H1b is subject to difficulty like obtaining driver lisence etc...is this the same gimmick to legally give hardship to h1b?
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