Libra
07-06 10:40 PM
I am in Minneapolis, if anyone planning to do anything for this cause, I am in.
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desi3933
06-27 11:41 AM
Here you go - These are the wordings !
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter “Commitment Period”). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
There are many points on which this agreement can be defended.
1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.
Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.
I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.
Good Luck.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter “Commitment Period”). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
There are many points on which this agreement can be defended.
1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.
Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.
I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.
Good Luck.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
Cali2006
07-02 09:33 AM
On FedEx vehicle for delivery ;)
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reddymjm
06-08 01:45 PM
What is the source of the updates/information you have posted.
Even I asked the same question yester day...:confused:
Even I asked the same question yester day...:confused:
more...
lasvegas
02-06 06:35 PM
I guess, this goes mostly on " intent " basis, they probably don't need a law for this. The word "Permanent resident" itself sets forth its meaning - ie. one is intending to permanently reside in a given country. If you apply for more than one, i think they can question the intent and ask us to choose one because one can not " permanently " reside in more than one place.
2 cents.
Can someone find a US LAW which states that you cannot hold or cud apply for 2 PRs US and Canada (or any other) ...? I could not find anything.
2 cents.
Can someone find a US LAW which states that you cannot hold or cud apply for 2 PRs US and Canada (or any other) ...? I could not find anything.
vinabath
04-23 09:39 AM
thanks a lot kshitijnt.... my gc has been filed about 5 months back. At that point I wasn't planning to shift to PF otherwise i wudn't have made them file it. ya, as u said i shud have started with PF directy. Just because my company filed for h1b, i didn't wanted to ditch theem. Now I realised that its foolish in this fied to be considerate for someone especially desi employers.
Anyways will try ur way and see how it goes.
nice post by 'kshitijnt'.
Anyways will try ur way and see how it goes.
nice post by 'kshitijnt'.
more...
mike_2000_la
06-15 06:48 PM
Folks, when you send/ask about details, it'd help if you could post your details like this (format borrowed from another post):
Here are the details:
Mailed to NSC on May 31st.
Received at NSC on June 1st.
Transferred to TSC (I-140 was Approved from TSC)
Receipt Date - June 01
Notice date - June 08
suggestion to add one more piece of info which maybe useful..
MailedFromState:
here is mine....
Mailed to NSC on: Jun 1st.
Mailed From State: CA
Received at NSC on: ?
Transferred to TSC on: ?
140 approved from : CSC
Receipt Date :?
Notice date :?
Here are the details:
Mailed to NSC on May 31st.
Received at NSC on June 1st.
Transferred to TSC (I-140 was Approved from TSC)
Receipt Date - June 01
Notice date - June 08
suggestion to add one more piece of info which maybe useful..
MailedFromState:
here is mine....
Mailed to NSC on: Jun 1st.
Mailed From State: CA
Received at NSC on: ?
Transferred to TSC on: ?
140 approved from : CSC
Receipt Date :?
Notice date :?
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Naveen
07-09 04:05 PM
Added this info to the profile of Mr.Gonzalez in Wikipedia and also to USCIS and DOS.
more...
ronhira
09-25 08:48 PM
Saw an interesting video on youtube the other day. The first thing that came to mind was the EB2-EB3 fights. If only we can fight together rather than each other ! ;)
YouTube - Every Indian must see this Video (http://www.youtube.com/watch?v=dc4UltkRJsw)
& this'll be the result
Games Village: A picture of filth and embarassment (http://cwg.ndtv.com/commonwealth/photodetail/page/1/id/8246/Games-Village-A-picture-of-filth-and-embarassment.html)
Games Village: A picture of filth and embarassment (http://cwg.ndtv.com/commonwealth/photodetail/page/2/id/8246/Games-Village-A-picture-of-filth-and-embarassment.html)
YouTube - Every Indian must see this Video (http://www.youtube.com/watch?v=dc4UltkRJsw)
& this'll be the result
Games Village: A picture of filth and embarassment (http://cwg.ndtv.com/commonwealth/photodetail/page/1/id/8246/Games-Village-A-picture-of-filth-and-embarassment.html)
Games Village: A picture of filth and embarassment (http://cwg.ndtv.com/commonwealth/photodetail/page/2/id/8246/Games-Village-A-picture-of-filth-and-embarassment.html)
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indyanguy
09-26 12:58 PM
By Self employment, do you mean working on 1099 or by starting a business and working for it?
Per my lawyer,
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
Per my lawyer,
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
more...
tonyHK12
02-17 11:05 AM
thanks ub27, gc_on_demand
This is pathetic.
Agreed. $5000 is about the same amount a single student paid to TVU, the diploma mill. This used to be the price 1 employee paid a fraud DCC for processing a Green card.
What more can I say....
.
This is pathetic.
Agreed. $5000 is about the same amount a single student paid to TVU, the diploma mill. This used to be the price 1 employee paid a fraud DCC for processing a Green card.
What more can I say....
.
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Kodi
08-27 12:25 PM
That is correct!
Are u sure?
I did cate 2 FP and received LUDs on I-765 and I-485 but when I received the EAD card, it said FP is not available. Based on that I assumed the FP was only I-485 related.
Are u sure?
I did cate 2 FP and received LUDs on I-765 and I-485 but when I received the EAD card, it said FP is not available. Based on that I assumed the FP was only I-485 related.
more...
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ramus
06-05 05:13 PM
All you lucky guys who can file for 485, please contribute to IV.
Thanks.
LIN is the prefix of the id number given to your application if you are applying to Nebraska service center, like WAC is for the california service center. it might possibly mean Lincoln,Nebraska.
I believe all 485(along with 765 and 131) applications should go to Nebraska service center after the bispecilization rule became effective. Not sure where the 140 application should go to though.
here is how you decipher the receipt number, be it from Nebraska,California,Texas,Vermont
LIN0312350001
LIN - Service center,LIN for Nebraska,WAC for california,SRC for Texas and EAC for vermont
03 - the year 2003, it should be 07 for this year
123 - working days count from the start of the immigration year(immigration year starts in october i believe)
5 - Not sure what this number is i know it is 5 all the 4 service centers
0001 - count of the applications received at this service center on the given day(day-123). This can go from 0001 - 9999 but normally its about 2000-3000 application worst case 5000-6000 applications per day
Thanks.
LIN is the prefix of the id number given to your application if you are applying to Nebraska service center, like WAC is for the california service center. it might possibly mean Lincoln,Nebraska.
I believe all 485(along with 765 and 131) applications should go to Nebraska service center after the bispecilization rule became effective. Not sure where the 140 application should go to though.
here is how you decipher the receipt number, be it from Nebraska,California,Texas,Vermont
LIN0312350001
LIN - Service center,LIN for Nebraska,WAC for california,SRC for Texas and EAC for vermont
03 - the year 2003, it should be 07 for this year
123 - working days count from the start of the immigration year(immigration year starts in october i believe)
5 - Not sure what this number is i know it is 5 all the 4 service centers
0001 - count of the applications received at this service center on the given day(day-123). This can go from 0001 - 9999 but normally its about 2000-3000 application worst case 5000-6000 applications per day
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tikka
05-23 11:32 AM
Thank you for your e-mail. It is very important to me to know the issues
that are of concern to you. A growing number of my constituents are now
choosing to communicate with me via e-mail. I hope you will understand
that, because of the volume and range of e-mails I receive, it can take
some time to send a response that specifically addresses the subject
raised in your message. I do, however, want to let you know immediately
that your message has been received. Hearing from you and others through
e-mail helps me to quickly learn the views and interests of New Yorkers
and others, which is very helpful to me in my work in the United States
Senate. I hope you will continue to monitor my work through my website
at http://clinton.senate.gov, and I welcome hearing from you.
Sincerely,
Senator Hillary Rodham Clinton
that are of concern to you. A growing number of my constituents are now
choosing to communicate with me via e-mail. I hope you will understand
that, because of the volume and range of e-mails I receive, it can take
some time to send a response that specifically addresses the subject
raised in your message. I do, however, want to let you know immediately
that your message has been received. Hearing from you and others through
e-mail helps me to quickly learn the views and interests of New Yorkers
and others, which is very helpful to me in my work in the United States
Senate. I hope you will continue to monitor my work through my website
at http://clinton.senate.gov, and I welcome hearing from you.
Sincerely,
Senator Hillary Rodham Clinton
more...
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go_gc_way
06-21 09:23 PM
Does any one know what is the time table for SKILL, PACE?
If I understood correctly, SKILL BILL will not tabled unless CIR is dead?
Assuming CIR wont be there in end of July, what would or how SKILL or PACE get a chance to be discussed?
If I understood correctly, SKILL BILL will not tabled unless CIR is dead?
Assuming CIR wont be there in end of July, what would or how SKILL or PACE get a chance to be discussed?
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veerkar
01-18 03:57 AM
These links should answer any AC21 questions
http://www.immigrationportal.com/archive/index.php/f-121.html
http://www.kapoorlaw.com/kapoor_news.aspx?page_nbr=37
http://www.immigrationportal.com/archive/index.php/f-121.html
http://www.kapoorlaw.com/kapoor_news.aspx?page_nbr=37
more...
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simple1
05-04 07:38 PM
Hello Sir,
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Guys -- A Person who files for I-140/I-485 under EB1/2/3 is considered an EB Based Principal Beneficiary. All his/her dependents are termed derivative beneficiaries...meaning they eligible for lawful permanent residence under the same employment-based preference category as the principal beneficiary. The derivatives will have all the attributes of Principal and hence counted against EB quota.
To oversimplify -- All the benefits of the Principal is passed on to the dependents. Principal is EB2 and so the child even though he is 6 months old is also eligible for EB2. hence the term Principal beneficiary and Derivative beneficiary.
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Guys -- A Person who files for I-140/I-485 under EB1/2/3 is considered an EB Based Principal Beneficiary. All his/her dependents are termed derivative beneficiaries...meaning they eligible for lawful permanent residence under the same employment-based preference category as the principal beneficiary. The derivatives will have all the attributes of Principal and hence counted against EB quota.
To oversimplify -- All the benefits of the Principal is passed on to the dependents. Principal is EB2 and so the child even though he is 6 months old is also eligible for EB2. hence the term Principal beneficiary and Derivative beneficiary.
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kshitijnt
05-10 09:22 PM
Too bad you did not bother reading up on the net before you took your job. I researched what is involved prior to leaving grad school and I knew it was a long wait. Like I said quota is there because of numbers / diversity. US needs programmers from more than just one country.
And its not really a quota since numbers are rolled at the end of the year to oversubscribed countries. Your notion of separate queues derives from your ignorance of how immigration works. Why hasn't anyone challenged the quota in the Supreme Court ?
Maybe we will. If community comes together. Lawsuit requires lot of money. There is a saying in India that a wise man should never climb the steps of the court, however; after repeated insults and discriminations he becomes unwise. And good that you read the rules, but you said something like grad school? Was it US grad school? Dont you know criterion and intention on F1 is to go back? I came here on H1 directly. At that time, I was too young and naive to see the sandtraps. You cant blame for someone falling in a well disguised hole.
And its not really a quota since numbers are rolled at the end of the year to oversubscribed countries. Your notion of separate queues derives from your ignorance of how immigration works. Why hasn't anyone challenged the quota in the Supreme Court ?
Maybe we will. If community comes together. Lawsuit requires lot of money. There is a saying in India that a wise man should never climb the steps of the court, however; after repeated insults and discriminations he becomes unwise. And good that you read the rules, but you said something like grad school? Was it US grad school? Dont you know criterion and intention on F1 is to go back? I came here on H1 directly. At that time, I was too young and naive to see the sandtraps. You cant blame for someone falling in a well disguised hole.
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sam_hoosier
03-13 11:02 AM
Well, I am TOO depressed about the BEC performance. I know too many people are in same situation but I find myself "helpless" and at least i want to SCREAM......:mad:
The moment you realize that the US is not the end of the world, you will stop feeling depressed.:cool:
The moment you realize that the US is not the end of the world, you will stop feeling depressed.:cool:
zoooom
07-19 06:48 PM
Although the thread title says "Reimburse the core team" and I know that the core team will not take any money (and do not expect the memebrs to reimburse them) from the fund that we are planning on creating here...Stilll by contributing to this fund we can make sure that core does not have to bear any out of pocket personal expense in future while working on "our" goal.
Lets see how many of us are actually inetested in contributing. Once we have the number we can set a realistic goal and divide amongst ourselves.
For that I suggest we give this thread good two days to develop and check other members responses...
So here is a chance for everyone to contribute to our own goal. Lets keep this going. Who ever is interested pls reply. I will do a final count after 2 days as suggested and take it from there....
Guys: Its good to see response...Pls reply with the text "In" and the amount.
Members,
I am sure most of us have already gone through this article but those who have not pls do so. This elablarately tells about the sacrifices our core team(especially Aman) had to make inorder to be where we are today...I am sure this will encourage you....
http://www.businessweek.com/bwdaily/...eek+exclusives
========================
Message from Pappu:
Aman has made more financial sacrifices and time sacrifices than anyone else. Not a single penny has been reimbursed to him for his trips to DC, food and stay in DC or car rental in DC. He even risked his job and went to DC on unpaid leave at critical times because lobbying was important for getting our work done. We in the core team know this and when we see the kind of contributions we get from members, we feel disappointed that our efforts are not valued. When we started the $20 contributions people felt $20 was too high and wanted $10 per month or less. The kind of work and effort that is needed to push a single provision is phenomenal and needs lot of capital. The more the better. Sometimes reading posts that say IV core is selfish also disappoints us. People do not know the effort that goes in getting anything done. This website is simply a tool for us to communicate to everyone. The big effort is the lobbying work. We hope the Buisnessweek article helps people realize our hard work and people value it by contributing to it and helping us in all action items.
"Members please pledge the amount. Do NOT pay right now. Since these funds are to be directed towards reimbursing the administrative costs of the core team , we are not going to be adding it to the IV funds. We are working on a strategy to get this amount across to the IV core team members. We will instruct you on how to make the payment, once we formulate a strategy"
Lets see how many of us are actually inetested in contributing. Once we have the number we can set a realistic goal and divide amongst ourselves.
For that I suggest we give this thread good two days to develop and check other members responses...
So here is a chance for everyone to contribute to our own goal. Lets keep this going. Who ever is interested pls reply. I will do a final count after 2 days as suggested and take it from there....
Guys: Its good to see response...Pls reply with the text "In" and the amount.
Members,
I am sure most of us have already gone through this article but those who have not pls do so. This elablarately tells about the sacrifices our core team(especially Aman) had to make inorder to be where we are today...I am sure this will encourage you....
http://www.businessweek.com/bwdaily/...eek+exclusives
========================
Message from Pappu:
Aman has made more financial sacrifices and time sacrifices than anyone else. Not a single penny has been reimbursed to him for his trips to DC, food and stay in DC or car rental in DC. He even risked his job and went to DC on unpaid leave at critical times because lobbying was important for getting our work done. We in the core team know this and when we see the kind of contributions we get from members, we feel disappointed that our efforts are not valued. When we started the $20 contributions people felt $20 was too high and wanted $10 per month or less. The kind of work and effort that is needed to push a single provision is phenomenal and needs lot of capital. The more the better. Sometimes reading posts that say IV core is selfish also disappoints us. People do not know the effort that goes in getting anything done. This website is simply a tool for us to communicate to everyone. The big effort is the lobbying work. We hope the Buisnessweek article helps people realize our hard work and people value it by contributing to it and helping us in all action items.
"Members please pledge the amount. Do NOT pay right now. Since these funds are to be directed towards reimbursing the administrative costs of the core team , we are not going to be adding it to the IV funds. We are working on a strategy to get this amount across to the IV core team members. We will instruct you on how to make the payment, once we formulate a strategy"
neerajkandhari
10-09 09:08 AM
I am july 2 filer
I believe 180 days are over around 31 dec 2007 for using AC21
I am planning to quit my job and go to india for max 3 mnths
I have a job offer and they are ready to hire me from 1 april 2008
what precautions should i take so i dont have problems while coming back
I am planning to use AP for travelling and EAD for working
I believe 180 days are over around 31 dec 2007 for using AC21
I am planning to quit my job and go to india for max 3 mnths
I have a job offer and they are ready to hire me from 1 april 2008
what precautions should i take so i dont have problems while coming back
I am planning to use AP for travelling and EAD for working
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