eb3_nepa
06-05 11:44 AM
Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.
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girishvar
07-19 06:17 PM
1.Apply for new H1 petition(premium processing) for you before July 31.
2.On approval send the H1 papers to your wife so that she can get H4.
3. On her entry to USA apply for her I-485.
Then you can live happily together in america.
P.S: Even when you have used AC21, in hindsight you should have got H1B instead of using EAD.
2.On approval send the H1 papers to your wife so that she can get H4.
3. On her entry to USA apply for her I-485.
Then you can live happily together in america.
P.S: Even when you have used AC21, in hindsight you should have got H1B instead of using EAD.
gcseeker2002
01-04 11:40 AM
I don't think PMP is useful in promotions......it may be helpful in getting a new job though.....but then you are limited in your career..........PMP doesn't help you moving upwards.....!
My 2 cents!
Good discussion, Just thinking what are the chances of getting job and the types of companies/jobs in the current recession market for
1. PMP certification with few technical skills
2. PMP certification with heavy technical skills
3. PMP certification with no technical skills(only PM skills)
My 2 cents!
Good discussion, Just thinking what are the chances of getting job and the types of companies/jobs in the current recession market for
1. PMP certification with few technical skills
2. PMP certification with heavy technical skills
3. PMP certification with no technical skills(only PM skills)
2011 Kate Middleton#39;s sister Pippa
help_please
07-13 10:06 PM
http://thomas.loc.gov/
Please visit this site and search for bill # s. 774. This bill does not specify that you must be illegal to qualify.
Please visit this site and search for bill # s. 774. This bill does not specify that you must be illegal to qualify.
more...
sushilup
02-17 06:35 PM
Grow up man...think before writing
whatever is not useful to you that doesn't mean it is foolish stuff..
I agree with Cal97...and it was helpful to me also...since i am travelling..
One advise for you...just ignore which is not useful to you...
it probably means.. they are opening each and every mail they have recived and checking if the docs are in order or not..if they are.. they file it...else they send an RFE...
i dont understand..how someone can be so f@#$% dumb as not know this simple procdure..
there are so many posts..i got a LUD what not.... its annoying...
its like.. USCIS touched my lu(n)d..will i get a GC now..
grow up ..
i may have offended some purists on this board.... idgaf..<:-|
whatever is not useful to you that doesn't mean it is foolish stuff..
I agree with Cal97...and it was helpful to me also...since i am travelling..
One advise for you...just ignore which is not useful to you...
it probably means.. they are opening each and every mail they have recived and checking if the docs are in order or not..if they are.. they file it...else they send an RFE...
i dont understand..how someone can be so f@#$% dumb as not know this simple procdure..
there are so many posts..i got a LUD what not.... its annoying...
its like.. USCIS touched my lu(n)d..will i get a GC now..
grow up ..
i may have offended some purists on this board.... idgaf..<:-|
guy03062
04-12 12:19 PM
I totally agree with bkarnik.
I read somewhere long time back that allowing to file EAD/AP (while visa not available or after I-140 is approved) is USCIS policy issue, not by law. Immigration lawyers may know this but this is absolutely opposite to their interest - they may wish people continue filing H-1 multiple times!!
So instead of using our own logic/interpretation, we should contact USCIS in this regard! In any case, we do not have to loose anything! In worst case, we will be at the point where we are now. If it really works then it would give real temp relief to lots of people until immigration law passes (when??).
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
I read somewhere long time back that allowing to file EAD/AP (while visa not available or after I-140 is approved) is USCIS policy issue, not by law. Immigration lawyers may know this but this is absolutely opposite to their interest - they may wish people continue filing H-1 multiple times!!
So instead of using our own logic/interpretation, we should contact USCIS in this regard! In any case, we do not have to loose anything! In worst case, we will be at the point where we are now. If it really works then it would give real temp relief to lots of people until immigration law passes (when??).
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
more...
TheGreatMan
07-06 09:48 PM
BTW forget about the writing skills ..what are your options??
Nothing other than INDIA if you get kicked out.
ZIP IT ... ZIIIIP IT... ZZZ ZIIIP IT... LOL
If you are even 10 % of what you say you are .. you will know what the last line means.. :eek:
Nothing other than INDIA if you get kicked out.
ZIP IT ... ZIIIIP IT... ZZZ ZIIIP IT... LOL
If you are even 10 % of what you say you are .. you will know what the last line means.. :eek:
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Sheetal_MA
02-25 03:17 PM
Sheila -
You have not responded to my post so far.
How can CA/ICWA be equivalent to MS programs as they are post high school courses? These courses do not require graduation for admission.
Have a good day!
Desi - that is a very good question!
I don't understand Sheila's position. Until recently (2001), someone with a Bachelors degree could become a CPA since the requirement to take the exam was a certain number of credit hours roughly equivalent to that of a 4-year Bachelors degree. Anyway, I consider a CPA as a certification, not a degree. If USCIS has been accepting CA to be equivalent to a Masters degree, then it is quite generous of them.
You have not responded to my post so far.
How can CA/ICWA be equivalent to MS programs as they are post high school courses? These courses do not require graduation for admission.
Have a good day!
Desi - that is a very good question!
I don't understand Sheila's position. Until recently (2001), someone with a Bachelors degree could become a CPA since the requirement to take the exam was a certain number of credit hours roughly equivalent to that of a 4-year Bachelors degree. Anyway, I consider a CPA as a certification, not a degree. If USCIS has been accepting CA to be equivalent to a Masters degree, then it is quite generous of them.
more...
USDream2Dust
04-09 12:38 PM
Ok disclaimer first. I do work directly with employer and not a consultant.
I think there is an ongoing debate over it whether consultant companies should be allowed for H1b's and green cards or not. Let me be very honest. There are so many US employers who do not want to get into mess of H1b's but still want talent. These desi or videsi consultant firms feed on them and people like you and me searching for jobs. It is generated out of necessity on both ends.
There are some very very big consulting firms too and not to Mom and Pop Desi shops.
I feel for both sides and the real problem is to have multiple H1's and H1b's sitting on bench which is even worst. So either they hire and pay and make their responsibility to find job or don't file for H1b's
USDream2dust
I think there is an ongoing debate over it whether consultant companies should be allowed for H1b's and green cards or not. Let me be very honest. There are so many US employers who do not want to get into mess of H1b's but still want talent. These desi or videsi consultant firms feed on them and people like you and me searching for jobs. It is generated out of necessity on both ends.
There are some very very big consulting firms too and not to Mom and Pop Desi shops.
I feel for both sides and the real problem is to have multiple H1's and H1b's sitting on bench which is even worst. So either they hire and pay and make their responsibility to find job or don't file for H1b's
USDream2dust
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nixstor
02-11 04:23 PM
Thanks for the comments. Its not my assumptions, it is the law.
Please checkout how the spillovers between EB and FB are arrived. Here is the link
http://www4.law.cornell.edu/uscode/uscode08/usc_sec_08_00001151----000-.html
My 0.02
mpadapa,
Thats a good analysis. As you noted EB-2 India got only 14K visas as opposed to other predictions of 30-32K visas. I have long said that the variable here is how EB1 and EB-2 ROW demand numbers. A lot of folks assumed that all the spill over will end up in the EB-2 I/C lap. It does not as long as there is no retrogression across the entire EB-2 category severely, making the old PD golden (this is not going to happen) or there is very less demand for EB1 and EB2-ROW numbers.
While I agree with your analysis, I feel that the number of employers/applicants filing for Labor/140/485 has started a downward spiral in 2008. This means lesser demand for EB1 and EB-2 ROW numbers making the numbers available to EB-2 I & C. Again, it is very well possible that there are just enough number of people from both Eb1 & EB-2 ROW categories left & entering in the system to deny the numbers to EB-2 I & C. Unless the state of the economy continues like this, shedding 600K jobs in one month, equal to number jobs in the state of Maine, we can't say that EB-2 I & C can become close to current or leap into 2007 and beyond. Then we might be current and have a GC but the economic situation would be so worse that people don't care for GC. God Forbid we have to see that and lets hope and pray that the Stimulus will resuscitate the economy
Please checkout how the spillovers between EB and FB are arrived. Here is the link
http://www4.law.cornell.edu/uscode/uscode08/usc_sec_08_00001151----000-.html
My 0.02
mpadapa,
Thats a good analysis. As you noted EB-2 India got only 14K visas as opposed to other predictions of 30-32K visas. I have long said that the variable here is how EB1 and EB-2 ROW demand numbers. A lot of folks assumed that all the spill over will end up in the EB-2 I/C lap. It does not as long as there is no retrogression across the entire EB-2 category severely, making the old PD golden (this is not going to happen) or there is very less demand for EB1 and EB2-ROW numbers.
While I agree with your analysis, I feel that the number of employers/applicants filing for Labor/140/485 has started a downward spiral in 2008. This means lesser demand for EB1 and EB-2 ROW numbers making the numbers available to EB-2 I & C. Again, it is very well possible that there are just enough number of people from both Eb1 & EB-2 ROW categories left & entering in the system to deny the numbers to EB-2 I & C. Unless the state of the economy continues like this, shedding 600K jobs in one month, equal to number jobs in the state of Maine, we can't say that EB-2 I & C can become close to current or leap into 2007 and beyond. Then we might be current and have a GC but the economic situation would be so worse that people don't care for GC. God Forbid we have to see that and lets hope and pray that the Stimulus will resuscitate the economy
more...
arvindkappula
01-18 03:47 PM
Folks, can dependent's participate in writing letters to President? I have already mailed my hand written letter to White House and copy to IV team, in addition to that I got confirmation from other Indians with whom I work also mailed their letters..If dependents are also allowed then count for another 10 letters from my side...;)
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factoryman
06-19 04:25 PM
At one point, there was concurrent filing. Just get LC approved and file for I-140 and I-485. Even if dates are not current. Then these filings were seperated. Then retrogression kicked in.
Now these GCs are getting aproved. So, don't worry.
holy cow!!!!......its gonna take 4 years from here to get our green cards?
Now these GCs are getting aproved. So, don't worry.
holy cow!!!!......its gonna take 4 years from here to get our green cards?
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house Kate Middleton, left
Nil
04-27 05:44 PM
Guys,
Pls do not lose heart.
speaking for myself, i have tried to remain active, but suddenly got swamped with a huge work-load.
in this economy, performance is a matter of survival. Not to say that we should accept immigration to be a luxury.
It is a pity i had to miss the donor's telecon last week, simply as i was still working.
So bottom line: there are still people who are willing to participate and active, but it is a matter of immediate priorities.
Let us keep up the spirit and keep working....
Pls do not lose heart.
speaking for myself, i have tried to remain active, but suddenly got swamped with a huge work-load.
in this economy, performance is a matter of survival. Not to say that we should accept immigration to be a luxury.
It is a pity i had to miss the donor's telecon last week, simply as i was still working.
So bottom line: there are still people who are willing to participate and active, but it is a matter of immediate priorities.
Let us keep up the spirit and keep working....
tattoo Pippa Middleton, 28
hopefulgc
07-27 05:42 PM
and u are saying this coz u r a programmer for uscis?
A common misconception.
Approving 25000 485s that were already processed and sitting in cold storage will take less than a minute.
Approving meant simply running a program that assigned a visa number to a processed case in a loop that ran 25000 times. Such a program will complete in seconds. The paperwork for these 25k approved applications is going to take months and online updates of 485 approval are still trickling in.
So there was no new found efficiency in USCIS as many seem to believe.
A common misconception.
Approving 25000 485s that were already processed and sitting in cold storage will take less than a minute.
Approving meant simply running a program that assigned a visa number to a processed case in a loop that ran 25000 times. Such a program will complete in seconds. The paperwork for these 25k approved applications is going to take months and online updates of 485 approval are still trickling in.
So there was no new found efficiency in USCIS as many seem to believe.
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MeraNaamJoker
08-12 10:49 AM
Does anyone know if its possible to just renew the green-card or one has to apply for naturalization after 5 years?
You can revnew your GC after an intial period of 10 years. You are at your free will and wish to remain on your GC. You will be eligible for Naturalization after 5 years. That does not mean that you have to use that oppurtunity.
Now to the original question of this thread.
It is highly recommended that one must stay with the original sponsoring company for atleast 6 months after the GC is approved. If you leave the company in good terms with them or rather if they do not create any fuss, then you are safe.
Say in my case, my original employer laid me off and I ported my process with AC21 to another company, where I am working for 3 yrs and just got my GC approved. I am not obligated to stay with this company as they are not my original sponsor. And again they cannot revoke my GC.
Having said that, the employers can create problems for you, if they decide to hunt you down. But that will not do them any good other than the 'revenge' they may enjoy on you.
My collegue was planning to leave his company after GC approval and his employer cancelled the GC process by withdrawing the application. The USCIS has informed him about this officially to him. He was panicked and was about to start another application and one fine morning, his GC approval came to him through snail mail.
What I am trying to say is there are laws, rules, processes and methods. Not everything will be applicable everytime or does not happen all the time. It truly depends on your luck too.
GOOD LUCK!!!
You can revnew your GC after an intial period of 10 years. You are at your free will and wish to remain on your GC. You will be eligible for Naturalization after 5 years. That does not mean that you have to use that oppurtunity.
Now to the original question of this thread.
It is highly recommended that one must stay with the original sponsoring company for atleast 6 months after the GC is approved. If you leave the company in good terms with them or rather if they do not create any fuss, then you are safe.
Say in my case, my original employer laid me off and I ported my process with AC21 to another company, where I am working for 3 yrs and just got my GC approved. I am not obligated to stay with this company as they are not my original sponsor. And again they cannot revoke my GC.
Having said that, the employers can create problems for you, if they decide to hunt you down. But that will not do them any good other than the 'revenge' they may enjoy on you.
My collegue was planning to leave his company after GC approval and his employer cancelled the GC process by withdrawing the application. The USCIS has informed him about this officially to him. He was panicked and was about to start another application and one fine morning, his GC approval came to him through snail mail.
What I am trying to say is there are laws, rules, processes and methods. Not everything will be applicable everytime or does not happen all the time. It truly depends on your luck too.
GOOD LUCK!!!
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logiclife
03-23 03:58 PM
I have received the information package from Varsha and sanjay and need to know if there is someone from Oklahoma who wants to join me and a couple more to meet the lawmakers. Please send pm.
Thnx..
EVERYONE:
IF you can find someone to go with you, that's great. But if you cannot find anyone, then go alone. Go with confidence. The documents that Varsha and Sanjay are sending has EVERYTHING you need to make an effective impression and make a strong case for reform.
Do not let the lack of companions hold you back.
Thanks to all who are eagerly working on getting appointments right now. We have one more week. So start getting appointments right away.
Do it and do it now.
Thnx..
EVERYONE:
IF you can find someone to go with you, that's great. But if you cannot find anyone, then go alone. Go with confidence. The documents that Varsha and Sanjay are sending has EVERYTHING you need to make an effective impression and make a strong case for reform.
Do not let the lack of companions hold you back.
Thanks to all who are eagerly working on getting appointments right now. We have one more week. So start getting appointments right away.
Do it and do it now.
more...
makeup Kate Middleton and Pippa
prioritydate
07-25 10:50 AM
I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.
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giri_tpt
08-21 12:36 PM
EB2 India
PD - OCT 2004
I140 AD: 12/18/2007
I485 RD - Aug 14th 2007
I485 ND - Sept 25th 2007
Status: Pending
Service Center: NSC
Last LUD: on 5/04/08 on approved I 140
PD - OCT 2004
I140 AD: 12/18/2007
I485 RD - Aug 14th 2007
I485 ND - Sept 25th 2007
Status: Pending
Service Center: NSC
Last LUD: on 5/04/08 on approved I 140
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JunRN
08-25 06:33 PM
To tell you honestly, my primary reason for joining this forum is to learn from others' experiences - whether it be good or bad.
I can also see the opinion of others regarding matters of my personal and general interests. It is my own judgment to believe some of it or not.
Joining the rally or givin' contribution is last in my interest as I do not have a job yet and no income.
We should start respecting one's opinion and one's life. Each of us has its own case and unique to each other. My suggestion to those inviting to the rally or seeking for contribution to do it via private message. That is a nice way of doing it.
When somebody starts a thread that you do not like, just ignore it instead of posting 'close this thread'. The thread has a life of its own. If it is not popular, then it will go down to the bottom of the line. If it is very interesting, many will subscribe to it and you will find it at the first page.
Cheers to all...we all have our own problems...some are here just to find comfort...
I can also see the opinion of others regarding matters of my personal and general interests. It is my own judgment to believe some of it or not.
Joining the rally or givin' contribution is last in my interest as I do not have a job yet and no income.
We should start respecting one's opinion and one's life. Each of us has its own case and unique to each other. My suggestion to those inviting to the rally or seeking for contribution to do it via private message. That is a nice way of doing it.
When somebody starts a thread that you do not like, just ignore it instead of posting 'close this thread'. The thread has a life of its own. If it is not popular, then it will go down to the bottom of the line. If it is very interesting, many will subscribe to it and you will find it at the first page.
Cheers to all...we all have our own problems...some are here just to find comfort...
sukhyani
04-18 04:43 PM
I will take it :D
In that case, at least you will have your EAD and AP and can change your blood sucking deshi consulting company after 180 days and can peruse better employment opportunities.
I dont know how to do it therefore asking, can someone start a poll to see how many of our members became eligible for file for I485 after this movement in Visa numbers?
In that case, at least you will have your EAD and AP and can change your blood sucking deshi consulting company after 180 days and can peruse better employment opportunities.
I dont know how to do it therefore asking, can someone start a poll to see how many of our members became eligible for file for I485 after this movement in Visa numbers?
hopefull
07-06 09:13 PM
Hopeful has a valid point when it comes to sending flowers to USCIS. I am not sure that will make any difference . Flowers will not change USCIS overnight but will get us some good media publicity .Yes when it comes to american or any other politics , money is an important factor and if you can hit money, all issues can be resolved. I wish India one day becomes such a prosperous country that immigration no longer is lucrative for Indians and none of our generations to come have to go through all this mess !!!!!!:D
Thanks MBA - finally some body educated and sees seye to eye with me ..not on of those blue collar workers of the white collar industry
Thanks MBA - finally some body educated and sees seye to eye with me ..not on of those blue collar workers of the white collar industry
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