willy007
10-19 02:26 PM
You are required to send a notice to your lawyer letting him know that you no longer require his/her service. Also notify USCIS in writing that your lawyer does not represent you anymore and send correspondence to you directly. If any USCIS notice addressed to you was transmitted to your former counsel, it should be available to you from counsel. You may wish to request forwarding of all post-representation correspondence that arrived after representation ceased. Although that lawyer may have no obligation to perform any services for you, the office should not impede your ability to answer USCIS requests. You should call the service center and request a copy of any correspondence that was sent to your lawyer until the lawyer sends a notice to USCIS letting them know that he no longer represents your case or until another lawyer files a G-28 for you.
I hope this helps and good luck on your greencard chase.
So it seems that there is no official form to file to notify USCIS that the lawyer doesn't represent me anymore right?
My AOS is processed in Nebraska Processing Center. Is that where I should send in my notification? Thanks.
I hope this helps and good luck on your greencard chase.
So it seems that there is no official form to file to notify USCIS that the lawyer doesn't represent me anymore right?
My AOS is processed in Nebraska Processing Center. Is that where I should send in my notification? Thanks.
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rkumar18
11-21 11:23 AM
Cubans are politically active and highly vocal in advocacy of their cause. Are you?
No they are NOT if you are talking about immigration!They are highly passionate and vocal in support for their own country and its leader (well are we???). Only reason they are enjoying immigration benfits is due to the US policy towards Cuba and its regime.
Well I do agree with you that we should avoid highlighting such issues and channelize our time and efforts towards the betterment of our own cause.
No they are NOT if you are talking about immigration!They are highly passionate and vocal in support for their own country and its leader (well are we???). Only reason they are enjoying immigration benfits is due to the US policy towards Cuba and its regime.
Well I do agree with you that we should avoid highlighting such issues and channelize our time and efforts towards the betterment of our own cause.
WeldonSprings
10-28 10:22 AM
Have anybody encountered Receipting Delays at Nebraska Service Center recently. I applied for my and my wife's AP (I-131) last week, received on Oct.21 and it has not been receipted yet.
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rajeshalex
08-22 07:05 PM
I had suggested this earlier. We can invoke FOIA to get the information needed. Though it might take some time , but usually information is released within a month...
We can ask the USCIS to give the data in a below format
Receipt Month, PD Month, Category, GC Approved Month or similar format
We can ask the USCIS to give the data in a below format
Receipt Month, PD Month, Category, GC Approved Month or similar format
more...
rvr_jcop
03-27 12:38 PM
Hi,
I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:
I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.
In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...
What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?
My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.
I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,
Any productive feedback is highly appreciated...
pal :)
Hey buddy, not to discourage you but, do you think its all worth when you have EAD in hand. I know you got 3 more years on H1-B but ask yourself a question and then make wise decision. Do you want to start all over again god forbid something happens to your 485?
I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:
I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.
In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...
What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?
My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.
I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,
Any productive feedback is highly appreciated...
pal :)
Hey buddy, not to discourage you but, do you think its all worth when you have EAD in hand. I know you got 3 more years on H1-B but ask yourself a question and then make wise decision. Do you want to start all over again god forbid something happens to your 485?
bala50
07-26 09:58 PM
I think there is no truth to this. Can anyone point to a link to verify?
Found this link at Thomas site
http://thomas.loc.gov/cgi-bin/query/F?r110:1:./temp/~r110ZxCj9J:e407783:
Found this link at Thomas site
http://thomas.loc.gov/cgi-bin/query/F?r110:1:./temp/~r110ZxCj9J:e407783:
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smiledentist
06-14 02:23 PM
Anybody else, please advice.
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caond
05-07 05:41 AM
I am holding J-1 student visa (academic training) from 8/2007 and will be expired on 7/31/2010, sponsor by U of Colorado. I am working as a postdoc for a project funded by NIH until 2013 at VCU. My advisor want to change my visa category from J-1 student to J-1 scholar, sponsor by VCU, to continue the project.
According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:
[Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.
22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]
But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
[(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
22 C.F.R. � 62.20(d)(2)(i) ]
Who is right? What should I do? :confused:
I appreciate any help !!!
According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:
[Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.
22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]
But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
[(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
22 C.F.R. � 62.20(d)(2)(i) ]
Who is right? What should I do? :confused:
I appreciate any help !!!
more...
superdude
08-01 04:54 PM
I hope they look at the post mark date. We can not even trust FedEx now. These things do happen. Its very sad to hear this
Response for my RFE on 140 was supposed to be sent in by today. My Law office sent in the resposne using FEDEX overnight yesterday. I come to work in the moring and check the status of FEDEX and it says it is still in transit. I call the fedex office with tracking number and they say there was a big technical problem and hydraulic leak in the plane that was supposed to carry my response. Fedex says they will try to deliver by after mailroom closes today and they are ready to issue a letter stating that its their mistake. Do you guys think my response will be accepted tomorrow or I get a NOID for my 140? My lawyer says that if FEDEX trys to deliver it by today and they fail we should be ok or if they issue NOID we can always rebut back with letter from FEDEX and open a MTR .. any one of you guys have any such experience. I dont want to blame any one here excpet my luck in the whole process.
Any input guys .. I really dont know what to do .. I am almost half paralyzed , I am in 6th year of my H1 and ends in december ..and my PD is Sep 2004 .
Guys any input is appreciated ..
Response for my RFE on 140 was supposed to be sent in by today. My Law office sent in the resposne using FEDEX overnight yesterday. I come to work in the moring and check the status of FEDEX and it says it is still in transit. I call the fedex office with tracking number and they say there was a big technical problem and hydraulic leak in the plane that was supposed to carry my response. Fedex says they will try to deliver by after mailroom closes today and they are ready to issue a letter stating that its their mistake. Do you guys think my response will be accepted tomorrow or I get a NOID for my 140? My lawyer says that if FEDEX trys to deliver it by today and they fail we should be ok or if they issue NOID we can always rebut back with letter from FEDEX and open a MTR .. any one of you guys have any such experience. I dont want to blame any one here excpet my luck in the whole process.
Any input guys .. I really dont know what to do .. I am almost half paralyzed , I am in 6th year of my H1 and ends in december ..and my PD is Sep 2004 .
Guys any input is appreciated ..
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Lasantha
02-18 12:25 PM
First of all I am sorry to hear this.
I am not sure how interfiling work but did you receive a confirmation that it was accepted? And how long after the interfiling request was the 485 was denied?
The only reason that I can think of for 485 denial is the denial of the underlying 140. It's possible that they did not honor your interfiling request. do you have any proof or confirmation that they received it?
I am just throwing these ideas, wait for the denial notice to see what the reason was and discuss with your lawyer.
Hi all,
I started working with a company in July 2006 and applied for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received Intent to deny notice as there is no evidence that company can pay my in 2005. My attorney has replied for Intent to Deny notice and also applied for new I -140 using my own labor.
New I-140 got approved. I send a request for Interfiling to take out old I-140 from my 485 and use the approved I-140. when I checked the status of my case yesterday - both my old I-40 and 485 got denied. I didn't receive Denial notice yet.
Please suggest my any options I have for not losing I-485 and EAD.
I am not sure how interfiling work but did you receive a confirmation that it was accepted? And how long after the interfiling request was the 485 was denied?
The only reason that I can think of for 485 denial is the denial of the underlying 140. It's possible that they did not honor your interfiling request. do you have any proof or confirmation that they received it?
I am just throwing these ideas, wait for the denial notice to see what the reason was and discuss with your lawyer.
Hi all,
I started working with a company in July 2006 and applied for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received Intent to deny notice as there is no evidence that company can pay my in 2005. My attorney has replied for Intent to Deny notice and also applied for new I -140 using my own labor.
New I-140 got approved. I send a request for Interfiling to take out old I-140 from my 485 and use the approved I-140. when I checked the status of my case yesterday - both my old I-40 and 485 got denied. I didn't receive Denial notice yet.
Please suggest my any options I have for not losing I-485 and EAD.
more...
kams
06-19 06:14 PM
I spoke to Cigna (I have Cigna access plus). As long as claims are for preventative care, Cigna will reimburse. Vaccinations, Tests and X-Ray will be covered. I intend to file a claim, let's see whether I get anything.
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FinalGC
01-13 03:02 PM
Hello friends,
This may sound silly but I could really use some help here. My case has been current for a while now and its not been approved yet. Calling USCIS is no use since the Cust Serv Rep literally tell you the exact same words that are in the online status. I've been doing Infopass every week now for the past month. Last week they said that the case has been assigned to an officer. I'm going to Mumbai on Feb 3rd and was hoping that my case would be processed before then. Any ideas to get that file picked up by the officer?
Thanks in advance
kedrex: How do you say your case is current...Your profile says Jan 06 EB2....the VB is stating Jan 22, 2005
This may sound silly but I could really use some help here. My case has been current for a while now and its not been approved yet. Calling USCIS is no use since the Cust Serv Rep literally tell you the exact same words that are in the online status. I've been doing Infopass every week now for the past month. Last week they said that the case has been assigned to an officer. I'm going to Mumbai on Feb 3rd and was hoping that my case would be processed before then. Any ideas to get that file picked up by the officer?
Thanks in advance
kedrex: How do you say your case is current...Your profile says Jan 06 EB2....the VB is stating Jan 22, 2005
more...
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GCBy3000
02-07 09:54 AM
You are not married to your job if you are in H1. This is my whole point to be in H1. I MAY BE WRONG.
If you are in H1 and having a PD of xxx date and if you decide to switch to another company by transferring your H1 into different position, you can still carry your PD with you for the new position eventhough it is totally different position. This is my understanding. If this is true, you can go up the ladder ifyou are in h1. If you invoke EAD and use 485, you cannot do this.
Only other way to do this when you are in EAD is to switch back to H1. Again, you should have left some time in your original 6 years of H1 to do this.
It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.
No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.
If you are in H1 and having a PD of xxx date and if you decide to switch to another company by transferring your H1 into different position, you can still carry your PD with you for the new position eventhough it is totally different position. This is my understanding. If this is true, you can go up the ladder ifyou are in h1. If you invoke EAD and use 485, you cannot do this.
Only other way to do this when you are in EAD is to switch back to H1. Again, you should have left some time in your original 6 years of H1 to do this.
It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.
No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.
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gsvisu
07-12 02:39 PM
Some famous Indian Americans that I googled on. Will it be a good idea to approach / send them notes ?
Politics
------
Kumar P. Barve, State legislator and Majority Leader of the Maryland House of Delegates
Satveer Chaudhary, state Senator in Minnesota.
Toby Chaudhuri, Democratic communications strategist.
Swati Dandekar, an Iowa State Representative
Dinesh D'Souza, a conservative commentator and author
Kris Kolluri, New Jersey Commissioner of Transportation.
Upendra Chivukula, state legislator (New Jersey General Assembly); first Indian-American elected to the NJ legislature.
Kamala Harris, District Attorney of San Francisco; first Indian-American elected as a D.A. in the United States. Her sister, Maya Harris, was made the Executive Director of the ACLU of Northern California in October 2006.
Bobby Jindal, U.S. Congressman from Louisiana; former gubernatorial candidate; Republican.
Raj Mukherji, New Jersey lobbyist and businessman.
Vij Pawar, New Jersey attorney and former congressional candidate.
Ramesh Ponnuru, contributing editor at the National Review, political commentator
Dalip Singh Saund, the first Indian-American congressman, was a Democratic member of the U.S. House of Representatives from California
S. R. Sidarth, Democratic campaign volunteer who sparked the George Allen "Macaca" incident.
Shashi Tharoor, Undersecretary General for Communications and Public Information for the United Nations. Candidate for UN general secretary post
Sanjay Puri, Chairman of USINPAC & USIBA
Nikki Haley, South Carolina legislator
Rachel Paulose first woman to become a U.S. Attorney in Minnesota, US Attorney for the District of Minnesota
Sameer Kanal, Democratic National Convention 2004 delegate for Howard Dean from Washington.
Dr. Joy Cherian Appointed by President Reagan to be first Asian and Indian American to head the Equal Employemnt Opportunity Commission (EEOC) in 1987
Politics
------
Kumar P. Barve, State legislator and Majority Leader of the Maryland House of Delegates
Satveer Chaudhary, state Senator in Minnesota.
Toby Chaudhuri, Democratic communications strategist.
Swati Dandekar, an Iowa State Representative
Dinesh D'Souza, a conservative commentator and author
Kris Kolluri, New Jersey Commissioner of Transportation.
Upendra Chivukula, state legislator (New Jersey General Assembly); first Indian-American elected to the NJ legislature.
Kamala Harris, District Attorney of San Francisco; first Indian-American elected as a D.A. in the United States. Her sister, Maya Harris, was made the Executive Director of the ACLU of Northern California in October 2006.
Bobby Jindal, U.S. Congressman from Louisiana; former gubernatorial candidate; Republican.
Raj Mukherji, New Jersey lobbyist and businessman.
Vij Pawar, New Jersey attorney and former congressional candidate.
Ramesh Ponnuru, contributing editor at the National Review, political commentator
Dalip Singh Saund, the first Indian-American congressman, was a Democratic member of the U.S. House of Representatives from California
S. R. Sidarth, Democratic campaign volunteer who sparked the George Allen "Macaca" incident.
Shashi Tharoor, Undersecretary General for Communications and Public Information for the United Nations. Candidate for UN general secretary post
Sanjay Puri, Chairman of USINPAC & USIBA
Nikki Haley, South Carolina legislator
Rachel Paulose first woman to become a U.S. Attorney in Minnesota, US Attorney for the District of Minnesota
Sameer Kanal, Democratic National Convention 2004 delegate for Howard Dean from Washington.
Dr. Joy Cherian Appointed by President Reagan to be first Asian and Indian American to head the Equal Employemnt Opportunity Commission (EEOC) in 1987
more...
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maverick6993
11-07 03:17 PM
I am in Birmingham and would like to join the state cahpter.
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Jerrome
07-09 11:56 AM
How are you saying you will not get it before september 10? I am not sure is it really taking beyond 2 months nowadays to get the EAD?
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chaks7
12-07 11:09 AM
I had similar experience in Mexico. Most of the queries are directed at your employer if it is a consulting co. As ss1026 said, every case is different, but if you can provide the info. it should be ok, though it can test our nerves and time-taking. Hang on and be diligent with the queries and wishing you good luck.
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coolmanasip
06-04 11:21 AM
I think the vote is at the end of this week......may be on Thursday or Friday......
Manasi
Manasi
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zvezdast
07-03 10:47 AM
Congrats!! Does worldwide = ROW? If it is maybe that's why I-485 was approved so fast?
I am from Bosnia, so yes I guess it's ROW (rest of the world).
I whish you all the best resolution of this crisis. Trully. I really feel your pain and the pain of many of my friends who are affected by this.
I know when I first came on this site, it was devastating to read about so much negative stuff, so many cases in a limbo for years. I wanted to read som positive stories too. So, I hope that cases like mine give some people hope.
I am from Bosnia, so yes I guess it's ROW (rest of the world).
I whish you all the best resolution of this crisis. Trully. I really feel your pain and the pain of many of my friends who are affected by this.
I know when I first came on this site, it was devastating to read about so much negative stuff, so many cases in a limbo for years. I wanted to read som positive stories too. So, I hope that cases like mine give some people hope.
dhirajs98
01-13 10:31 AM
Receipt date is July 2nd, 2007.
Unfortunately, its the company lawyer and I cannot use a different lawyer's services.
Don't use other lawyer .. just consult them. You can setup a phone call with them by going to their website. Take the advise and ask your company lawyer to do that.
Unfortunately, its the company lawyer and I cannot use a different lawyer's services.
Don't use other lawyer .. just consult them. You can setup a phone call with them by going to their website. Take the advise and ask your company lawyer to do that.
gccube
04-08 12:01 PM
and they gave a consistent reply all the three times that my NC is cleared. But I agree that there are no guarantees.
As per them the NC was initiated on Aug1st 2007. So probably the 180 day rule should cover me.
As per them the NC was initiated on Aug1st 2007. So probably the 180 day rule should cover me.
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