thomachan72
01-13 01:46 PM
Long 19 page memo - but loud and clear for many scenarios -
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).
Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.
This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.
Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.
Best Wishes
Please explain why these (see above) will be more difficult if you have read it. What precautions / strategy our members can take etc.
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).
Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.
This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.
Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.
Best Wishes
Please explain why these (see above) will be more difficult if you have read it. What precautions / strategy our members can take etc.
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Kodi
05-02 09:38 AM
I'm surprised admins are letting this thread continue.
All those who think that the rest of the word should get involved, where were you when the LTTE bombed colombo in numerous occasions? Used suicide bombers to kill innocent civilians. The rest of the world watched and didn't get involved. You had 30 years to provide a solution to this war. Now is not the time to get involved. Sri lankan gov is finally taking matter into their hands and its high time. LTTE is a terrorist organization that's banned in the US/UK and all over the world. They should not be supported. Its sad that tamils are stuck in this situation, gov is doing eveything possible to get them out of the area but its their own so called leader that's refusing to let the people go.
For those that say tamils are discriminated.... think about this.
About 50% of tamils live in other parts of the country in harmony with sinhalese, muslim and other ethnic groups and can conduct business. Tamil children can get education in any of the schools and universities in any part of the country unlike sinhala/muslim kids. Children get free education in the country. Sinhalese are not allowed to attend universities in the north and east. All the sinhala/muslim people were chased away from the north and east where as tamils can live anywhere in the country without any discrimination. If LTTE is providing tamils a safe heaven why did they move out of the north.
Tamils can join the parliament if they're elected through an election. Lakshman Kadirgamaris tamil and held a prestige position in the parliament as the foreign minister but was killed by the LTTE. Look at Muralitharan, wold class bowler. How did he excel if tamils are discriminated. He came from one of the elite schools situated in an area where majority is sinhala/muslims.
Tamils are not the only ethnic group that was required to carry national ID at all times in colombo. All civilians in colombo, including sinhala and muslims are required to carry IDs with them. I was stopped more than twice at check points and I had to carry my passport with me at all times since I've misplaced my ID.
And the list continues....
I can go on and on but I'll rather not. I didn't want to reply to this thread but finally it got the better of me. Each country should take care of their own matters.
All those who think that the rest of the word should get involved, where were you when the LTTE bombed colombo in numerous occasions? Used suicide bombers to kill innocent civilians. The rest of the world watched and didn't get involved. You had 30 years to provide a solution to this war. Now is not the time to get involved. Sri lankan gov is finally taking matter into their hands and its high time. LTTE is a terrorist organization that's banned in the US/UK and all over the world. They should not be supported. Its sad that tamils are stuck in this situation, gov is doing eveything possible to get them out of the area but its their own so called leader that's refusing to let the people go.
For those that say tamils are discriminated.... think about this.
About 50% of tamils live in other parts of the country in harmony with sinhalese, muslim and other ethnic groups and can conduct business. Tamil children can get education in any of the schools and universities in any part of the country unlike sinhala/muslim kids. Children get free education in the country. Sinhalese are not allowed to attend universities in the north and east. All the sinhala/muslim people were chased away from the north and east where as tamils can live anywhere in the country without any discrimination. If LTTE is providing tamils a safe heaven why did they move out of the north.
Tamils can join the parliament if they're elected through an election. Lakshman Kadirgamaris tamil and held a prestige position in the parliament as the foreign minister but was killed by the LTTE. Look at Muralitharan, wold class bowler. How did he excel if tamils are discriminated. He came from one of the elite schools situated in an area where majority is sinhala/muslims.
Tamils are not the only ethnic group that was required to carry national ID at all times in colombo. All civilians in colombo, including sinhala and muslims are required to carry IDs with them. I was stopped more than twice at check points and I had to carry my passport with me at all times since I've misplaced my ID.
And the list continues....
I can go on and on but I'll rather not. I didn't want to reply to this thread but finally it got the better of me. Each country should take care of their own matters.
Rohan99
07-30 04:07 PM
can you share the phone number and address of that Away family?:) May be for a change lot of people from this thread may want to meet this Away person. :rolleyes:
Met this dude once in a grocery store, he and his hot wife gave me the amway speil. I said listen buddy give me a time to visit your house and number. I called him and we played phone tag, one day I called and his wife picked up, i ASKED IF i could come, she was hesitant and said he was out of state for a conference but I convinced her that it's ok. When I arrived I brought a bottle of wine and then she was all over me in 5 mins. Sigh what a wonderful time....
Met this dude once in a grocery store, he and his hot wife gave me the amway speil. I said listen buddy give me a time to visit your house and number. I called him and we played phone tag, one day I called and his wife picked up, i ASKED IF i could come, she was hesitant and said he was out of state for a conference but I convinced her that it's ok. When I arrived I brought a bottle of wine and then she was all over me in 5 mins. Sigh what a wonderful time....
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Hassan11
07-11 04:20 PM
Here is his email address: moyersonpbs@thirteen.org.
Plese send him stories about the VB fiasco and also all your stories about working in US and deciding to move to Canada because of immigration broken system. I am pretty sure, if he receives enough articles, he will do a program about this. Please email him as many stories as possible.
Good luck to all
Plese send him stories about the VB fiasco and also all your stories about working in US and deciding to move to Canada because of immigration broken system. I am pretty sure, if he receives enough articles, he will do a program about this. Please email him as many stories as possible.
Good luck to all
more...
chanduv23
03-16 02:05 PM
Are you from India,,if yes, think again,,,the EB3 2003 PD may not buy u much,,u may be well know trying to go for perm and 140 with current EB2...eb3 for india is a black hole,,,i hope u know what a black hole is,,,its kinda dangerous!!
Yes, EB3 2003 is of no use except for h1b extensions, so consider taking the job only if you see something good other than a sub labor
Yes, EB3 2003 is of no use except for h1b extensions, so consider taking the job only if you see something good other than a sub labor
thomachan72
09-04 10:59 AM
This is not contributing to anything. I dont think oposing parties in this discussion will ever come to an agreement so what is the purpose of carrying on. Please close this and lets concentrate on something else.
more...
chintu25
09-24 10:16 AM
Emailed All
:rolleyes: Whatever works :rolleyes:
matt_kelly@specter.senate.gov, <lisa_owings@specter.senate.gov BOUNCED
:rolleyes: Whatever works :rolleyes:
matt_kelly@specter.senate.gov, <lisa_owings@specter.senate.gov BOUNCED
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vdlrao
07-21 12:15 AM
I presume, from the July 2007 fiasco DOS might have learnt a lesson of deciding the cut off dates very care fully based on the Aproved labors In a pertucular year from a perticular country with a perticular ctegory. So thats the reason why I am thinking that instead of putting whole EB2 as a current
(It is estimated that there are aout 20k + visas still available for this fiscal year) DOS has put a cut of date for EB2 India/china to Jun 2006. So I could say USCIS is making the cut off dates very carefully by using all the available information like approved labors in a perticular year from a perticular country and in a perticular category.
----------------------------------------------------------------
Originally Posted by delax
Here you go - conversion should not impact this as the number of LC approvals remains the same:
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
---------------------------------------------------------------------
If you see the appoved labors by a fiscal year above, I am assuming that there would be about 10,000 labours for EB2 India every full year except 2005.
In 2005 there may be only about 600 labors for EB2 India.
Based on this it would be
About 5,000 labors for EB2 India from April 2004 to Sep 2004 (About half year),
About 600 labors for EB2 India from Oct 2004 - Sep 2005
About 5,000 labors for EB2 India from Oct 2005 to 1st Jun 2006( About half year)
So total labors may be around 10,600 which needs about 25,000 visas.
So it seems there are about 20k visas availble now.
So they have moved the dates accordingly.
(It is estimated that there are aout 20k + visas still available for this fiscal year) DOS has put a cut of date for EB2 India/china to Jun 2006. So I could say USCIS is making the cut off dates very carefully by using all the available information like approved labors in a perticular year from a perticular country and in a perticular category.
----------------------------------------------------------------
Originally Posted by delax
Here you go - conversion should not impact this as the number of LC approvals remains the same:
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
---------------------------------------------------------------------
If you see the appoved labors by a fiscal year above, I am assuming that there would be about 10,000 labours for EB2 India every full year except 2005.
In 2005 there may be only about 600 labors for EB2 India.
Based on this it would be
About 5,000 labors for EB2 India from April 2004 to Sep 2004 (About half year),
About 600 labors for EB2 India from Oct 2004 - Sep 2005
About 5,000 labors for EB2 India from Oct 2005 to 1st Jun 2006( About half year)
So total labors may be around 10,600 which needs about 25,000 visas.
So it seems there are about 20k visas availble now.
So they have moved the dates accordingly.
more...
kondur_007
01-13 09:25 PM
Can USCIS face legal challenges on this? It was just a memo, no law has been changed by the Government; the laws are just the same they were when they let it about a million people or so through these IT consulting companies.
Now they go back and say that was a misinterpretation of existing laws :eek:
This is the issue. They are targeting areas that are not "clearly defined" in the "law" itself and so they are changing "interpretation" and Implementation the way they wish. This is quite vicious move...rather than dealing with legal process, they are manipulating it. I am not a lawyer, but I doubt that this can be chanllenged legally. All we can work on is to actually "define them in law"; which would require help of congress to get actual law that defines these things; not the interpretation of some bureaucrat...
Now they go back and say that was a misinterpretation of existing laws :eek:
This is the issue. They are targeting areas that are not "clearly defined" in the "law" itself and so they are changing "interpretation" and Implementation the way they wish. This is quite vicious move...rather than dealing with legal process, they are manipulating it. I am not a lawyer, but I doubt that this can be chanllenged legally. All we can work on is to actually "define them in law"; which would require help of congress to get actual law that defines these things; not the interpretation of some bureaucrat...
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canant
01-14 09:49 PM
Does this effect on POE for existing valid H1b visa for going and coming back to US ?
more...
anai
07-13 07:25 AM
And by the way, Canada has one of the top literacy rates in the world.
I don't know much about Canada, but wanted to point out that the Indian state of Kerala also has one of the top literacy rates in the world. And an excellent healthcare system. (Apparently, the expected lifespan of a Keralite woman is longer than that of women in the developed world. And something like 94-95% of babies in Kerala are hospital delivered.) Also, Kerala pays unemployment benefits to educated-unemployed youth; much like Canada. (See wikipedia or google for sources and citations.) Yet, Kerala is certainly nowhere near the top of the list of desired immigration destinations; in fact, Kerala likely has the largest proportion of natives working outside the state.
"A good place to live" does not necessarily translate to "a good place to bring your ambitions to life." (E.g., Kerala also has one of the highest suicide rates.) That's my point.
Anyways, good luck to those who want to move to Canada. IV is all about helping us work on our legal immigration to the US. So I don't think this is the appropriate venue for those who want to go to Canada.
I don't know much about Canada, but wanted to point out that the Indian state of Kerala also has one of the top literacy rates in the world. And an excellent healthcare system. (Apparently, the expected lifespan of a Keralite woman is longer than that of women in the developed world. And something like 94-95% of babies in Kerala are hospital delivered.) Also, Kerala pays unemployment benefits to educated-unemployed youth; much like Canada. (See wikipedia or google for sources and citations.) Yet, Kerala is certainly nowhere near the top of the list of desired immigration destinations; in fact, Kerala likely has the largest proportion of natives working outside the state.
"A good place to live" does not necessarily translate to "a good place to bring your ambitions to life." (E.g., Kerala also has one of the highest suicide rates.) That's my point.
Anyways, good luck to those who want to move to Canada. IV is all about helping us work on our legal immigration to the US. So I don't think this is the appropriate venue for those who want to go to Canada.
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samay
07-29 08:33 AM
While applying EAD online, by mistake I put family name as first name and first name as last name, Now I have got RFE saying service record indicates my name is different, so send birth certhificate. Do I need to send a cover letter saying this was mistake and I swapped the name by mistake.
Can It be corrected or it is very seroius mistake.
Yes it can be corrected at this time. You can answer the RFE yourself and explain you mistake or ask your attorney to do so. I would suggest that contact your attorney so that you can prevent any future mistakes.
Can It be corrected or it is very seroius mistake.
Yes it can be corrected at this time. You can answer the RFE yourself and explain you mistake or ask your attorney to do so. I would suggest that contact your attorney so that you can prevent any future mistakes.
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ingegarcia
10-09 04:17 PM
I am another person of TN1 to GC.
TN1 can change job. Only thing you have to travel to nearest boarder with Two page TN1 petition, job offer letter, canadian citizen certificate, and educational credentials (you can also file to NSC but it will take few months to get approve).
TN1 has to be renew every years and it can be renew for indefinate time (not like 6 years for H1B).
As far as I know one who holds TN visa cannot apply for Green Card. :)
TN1 can change job. Only thing you have to travel to nearest boarder with Two page TN1 petition, job offer letter, canadian citizen certificate, and educational credentials (you can also file to NSC but it will take few months to get approve).
TN1 has to be renew every years and it can be renew for indefinate time (not like 6 years for H1B).
As far as I know one who holds TN visa cannot apply for Green Card. :)
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snram4
01-18 12:39 PM
There is no doubt Everyone knows that H1b and GC laws are crazy. For that we need to fight to change the law but should not encourage to violate the law. If USCIS violates law lawsuit should be filed. That is the rightway.
Isn't that the point what all anti-consulting folks are making here ? They want all existing laws (plus all laws they themselves created to satisfy their sadistic self) to be strictly followed. If that is the case snram4's relative should have been deported.
What many do not understand is H1B laws are insane and irrational. Many from our country doesn't have the guts to fight crazy laws. All they are good at is screwing their own fellow country men out of jealousy or selfishness.
Do all these folks follow law judiciously in their life ? I don't think so. Some of the folks here acting like bhagat singh came to this stage of life climbing over loads of corruption.
Isn't that the point what all anti-consulting folks are making here ? They want all existing laws (plus all laws they themselves created to satisfy their sadistic self) to be strictly followed. If that is the case snram4's relative should have been deported.
What many do not understand is H1B laws are insane and irrational. Many from our country doesn't have the guts to fight crazy laws. All they are good at is screwing their own fellow country men out of jealousy or selfishness.
Do all these folks follow law judiciously in their life ? I don't think so. Some of the folks here acting like bhagat singh came to this stage of life climbing over loads of corruption.
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pointlesswait
09-29 02:50 PM
like i had said in my earlier posts...this is retarded idea..to begin with...and still is..
cause...if anyone is even dreaming of buying a house thinking the home values are down ..think again..no matter how good ur credit rating is..you will have to pay high interest...and no one in their right mind will say that the home values have bottomed out..it will continue to fall ...
First of all for presuming that highly skilled immigrants who are waiting for GC are the only ones who can buy a house. Even 10 illegal aliens can come together and buy a house and share the mortgage.
Then, the economy is in it's cycle, it will pick up without more house buying. The issue is banks not lending to BUSINESSES not mortgages.
Most imporant, the proposal is same as saying "Sell me a GC". Ya, sure, that will pass the House and Senate.
Remember, nothing stops you from buying a house right now!!
cause...if anyone is even dreaming of buying a house thinking the home values are down ..think again..no matter how good ur credit rating is..you will have to pay high interest...and no one in their right mind will say that the home values have bottomed out..it will continue to fall ...
First of all for presuming that highly skilled immigrants who are waiting for GC are the only ones who can buy a house. Even 10 illegal aliens can come together and buy a house and share the mortgage.
Then, the economy is in it's cycle, it will pick up without more house buying. The issue is banks not lending to BUSINESSES not mortgages.
Most imporant, the proposal is same as saying "Sell me a GC". Ya, sure, that will pass the House and Senate.
Remember, nothing stops you from buying a house right now!!
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mirage
03-27 03:47 PM
Neelu,
Thanks for Sharing. I watch Indian Politics very very closely, but haven't heard of him till today, Indian media is too obsessed with Rahul Gandhi and Sarkozy. They don't have time for real people...
My vote is for Dr. Jaya Prakash Narayan. He has done good things as a doctor and then as a collector in AP.
Of course he stands no chance, but I think he started a movement (grassroots) - hopefully it is the beginning of some positive change.
Check out his speech at a Mumbai university.
http://www.youtube.com/watch?v=t4xFCdOYTv4 - Part 1
http://www.youtube.com/watch?v=3Q6s1R9iBjw - Part 2
http://www.youtube.com/watch?v=k6ZHak1lEr8 - Part 3
Cheers.
Thanks for Sharing. I watch Indian Politics very very closely, but haven't heard of him till today, Indian media is too obsessed with Rahul Gandhi and Sarkozy. They don't have time for real people...
My vote is for Dr. Jaya Prakash Narayan. He has done good things as a doctor and then as a collector in AP.
Of course he stands no chance, but I think he started a movement (grassroots) - hopefully it is the beginning of some positive change.
Check out his speech at a Mumbai university.
http://www.youtube.com/watch?v=t4xFCdOYTv4 - Part 1
http://www.youtube.com/watch?v=3Q6s1R9iBjw - Part 2
http://www.youtube.com/watch?v=k6ZHak1lEr8 - Part 3
Cheers.
more...
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Subst_labor
03-16 01:17 PM
i am not paying anything, its a decent company from NJ. the only thing i am concerned about is that this experience was when i was IN college and it was a really small company (part time thing..)
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ivar
07-21 10:50 PM
I guess there should be some T-Shirt to wear when going to Walmart or desi shop which says "Amway leaches keep away (some slogan)" to put these desi Amway guys to shame.
When I moved to Cali about 2 yrs back from the midwest, I saw a guy at a desi store in the bay area who looked very similar to an old school friend whom I have not seen in 14 yrs. I went upto him and started talking to him asking if he was the same guy, He insulted me and avoided me like the plague. In midwest, I have not had any similar exp when I have tried stiking any conversation with a desi, so I was shocked. Then my BIL who had been living in the bay area for a while tole me about amway cons being in huge numbers and the fact that Desis do not trust anyone in the bayarea who appear friendly and the probable reason why this guy behaved the way he did. It is sad that we cannot be friendly to our own countrymen.
When I moved to Cali about 2 yrs back from the midwest, I saw a guy at a desi store in the bay area who looked very similar to an old school friend whom I have not seen in 14 yrs. I went upto him and started talking to him asking if he was the same guy, He insulted me and avoided me like the plague. In midwest, I have not had any similar exp when I have tried stiking any conversation with a desi, so I was shocked. Then my BIL who had been living in the bay area for a while tole me about amway cons being in huge numbers and the fact that Desis do not trust anyone in the bayarea who appear friendly and the probable reason why this guy behaved the way he did. It is sad that we cannot be friendly to our own countrymen.
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chanduv23
06-26 01:57 PM
I heard this group of people - from anti immigrant organizations, plan to intercept fedex trucks going into USCIS next month sort out 485 petitions and steal them and hide them in an undisclosed location.
These people have only one aim in life. Not to allow 485 applications to reach USCIS.
When USCIS does not recieve any 485 applications, they will retrogress. Then this group of people will stop stealing the petitions.
These people have only one aim in life. Not to allow 485 applications to reach USCIS.
When USCIS does not recieve any 485 applications, they will retrogress. Then this group of people will stop stealing the petitions.
Lasantha
10-17 10:12 AM
Hello everyone,
Those of you who had gone thru this process may be able to help me. My 7 year old daughter is a US citizen. If my family applies for Canadian PR, do I have to apply for PR for her also?. I have heard that US citizens do not need any permission to live in Canada. Any insight is appreciated.
Thanks
alexander
Not true. She must be included in the application. US citizens can enter Canada without a visa as a visitor. But to become a PR and live and work up there they need the landed immigrant status (PR) just like everybody else.
And by the way, here is a great forum exclusively for Canadian immigration matters. http://britishexpats.com/forum/forumdisplay.php?f=33
You guys will get better help in that forum because this one (ImmigrationVoice) is primarily a US immigration forum.
Lasantha
Those of you who had gone thru this process may be able to help me. My 7 year old daughter is a US citizen. If my family applies for Canadian PR, do I have to apply for PR for her also?. I have heard that US citizens do not need any permission to live in Canada. Any insight is appreciated.
Thanks
alexander
Not true. She must be included in the application. US citizens can enter Canada without a visa as a visitor. But to become a PR and live and work up there they need the landed immigrant status (PR) just like everybody else.
And by the way, here is a great forum exclusively for Canadian immigration matters. http://britishexpats.com/forum/forumdisplay.php?f=33
You guys will get better help in that forum because this one (ImmigrationVoice) is primarily a US immigration forum.
Lasantha
samay
07-28 04:39 PM
I have my EB3-RIR pending at NSC with PD JAN 2004. I-140 concurrently filed on July 23rd 2007 at NSC is still pending. I do have the EAD and AP approved.
I have another EB2 labor (PERM) certified but its I-140 was denied on the basis of qualification. I have 3 yr B.Sc + 2 Yr. Post Graduate Diploma from India. This labor was certified on Dec. 26th 2006 and I-140 was denied last year after replying to the RFE raised regarding qualification. USCIS was looking for 4 yrs. degree instead of 3 yrs. They didn't accept my 2 yrs. post graduate on top of my 3 yrs. B.Sc degree.
My question: Is it advisable to go ahead and revive this PERM labor to file fresh I-140 again? If Yes, then what all I should do before filing the fresh I-140? I have almost 8 years of work experience in USA beside my 3+2 years degree from India.
Please advise.
Was your 8 year experience not mentioned in the I-140 application. To give you a clear answer on your options i will have to go through your documents.
I have another EB2 labor (PERM) certified but its I-140 was denied on the basis of qualification. I have 3 yr B.Sc + 2 Yr. Post Graduate Diploma from India. This labor was certified on Dec. 26th 2006 and I-140 was denied last year after replying to the RFE raised regarding qualification. USCIS was looking for 4 yrs. degree instead of 3 yrs. They didn't accept my 2 yrs. post graduate on top of my 3 yrs. B.Sc degree.
My question: Is it advisable to go ahead and revive this PERM labor to file fresh I-140 again? If Yes, then what all I should do before filing the fresh I-140? I have almost 8 years of work experience in USA beside my 3+2 years degree from India.
Please advise.
Was your 8 year experience not mentioned in the I-140 application. To give you a clear answer on your options i will have to go through your documents.
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