garamchai2go
12-19 10:30 AM
Do we have to carry all the Tax filing papers or just W2 is good enough?
I am planning to go for stamping in Jan. Thanks in advance for the input.
In my case they did not ask me any documents. They asked me about GC when applied, when I am travelling, etc., and that's all. It took less than 1 minute.
I carried W-2 of last few years and last 2 pay-slips. Check consulate or vfs website and you might get pointers or mandatory docs. I recommend, take everything you have..just in case..
I am planning to go for stamping in Jan. Thanks in advance for the input.
In my case they did not ask me any documents. They asked me about GC when applied, when I am travelling, etc., and that's all. It took less than 1 minute.
I carried W-2 of last few years and last 2 pay-slips. Check consulate or vfs website and you might get pointers or mandatory docs. I recommend, take everything you have..just in case..
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maddipati1
07-30 02:02 PM
USCIS updated today (07/30/07), the form 765 and instructions corresponding to 765
go to http://www.uscis.gov, click on 'Immigration Forms' tab, search for '765' and open the EAD link, go to the bottom of this page. now they seperated instructions and form into two separate links.
http://www.uscis.gov/files/form/I-765instr.pdf ( for instructions )
http://www.uscis.gov/files/form/I-765.pdf ( the actual form )
I think they added details about 'where to file'.
The information AditiK was refering on 9th page is now on 12th page.
gcpradeep's interpretation is wrong. danila's interpretation is absolutely right.
Its 30 days for asylum applicants and 90 for all other eligible applicats.
It looks very clear that 485 filers CAN get interimEAD after 90days.
Interim EAD.
If you have not received a decision within90 days of receipt by USCIS of a properly filed EADapplication
or
within 30 days of a properly filed initial EADapplication based on an asylum application filed on or afterJanuary 4, 1995,
you may obtain interim work authorizationby appearing in person at your local USCIS district office.You must bring proof of identity and any notices that you havereceived from USCIS in connection with your application foremployment authorization.
go to http://www.uscis.gov, click on 'Immigration Forms' tab, search for '765' and open the EAD link, go to the bottom of this page. now they seperated instructions and form into two separate links.
http://www.uscis.gov/files/form/I-765instr.pdf ( for instructions )
http://www.uscis.gov/files/form/I-765.pdf ( the actual form )
I think they added details about 'where to file'.
The information AditiK was refering on 9th page is now on 12th page.
gcpradeep's interpretation is wrong. danila's interpretation is absolutely right.
Its 30 days for asylum applicants and 90 for all other eligible applicats.
It looks very clear that 485 filers CAN get interimEAD after 90days.
Interim EAD.
If you have not received a decision within90 days of receipt by USCIS of a properly filed EADapplication
or
within 30 days of a properly filed initial EADapplication based on an asylum application filed on or afterJanuary 4, 1995,
you may obtain interim work authorizationby appearing in person at your local USCIS district office.You must bring proof of identity and any notices that you havereceived from USCIS in connection with your application foremployment authorization.
Ivyleaf
10-07 03:41 PM
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Madhuri
03-19 02:17 PM
Your signature says I 140 was approved, when was it approved and does that mean the USCIS website never updated the status of your I 140?
or was it showing I140 approved before and now it's showing pending?
No, I140 is not denied, its pending as per USCIS website. However, reason for I485 denial is that I140 is denied. Is this something to do with the RFE on I140? I dont see any logic in this...
or was it showing I140 approved before and now it's showing pending?
No, I140 is not denied, its pending as per USCIS website. However, reason for I485 denial is that I140 is denied. Is this something to do with the RFE on I140? I dont see any logic in this...
more...
factoryman
06-18 05:54 PM
Remember, everthing copy. Nothing Original. don't send your original I-94, but a copy.
Hi, Guys,
My attorney just emailed me a list of items he needs from me for filing 485. The list is surprisingly short. Is this package really sufficient?
******requested for 485 filing*************
For your wife:
1. Marriage certificate, w/English translation
2. Birth certificate w/ English translation
3. Biographical information page, and date of issuance/expiration page, from current passport
4. Copy of her current visa
5. Copies of other US visas you have had
6. Current I-94 card
7. Passport entry stamp from last entry into the United States
8. Six (6) passport photos
For you:
1. Birth certificate, w/ English translation
2. Six (6) passport photos
3. Last two (2) paycheck stubs
**********************************************
*medical exam forms also asked separately.
My condition: filing with current employer. I-140 was recently approved.
Thanks alot.
:cool:
Hi, Guys,
My attorney just emailed me a list of items he needs from me for filing 485. The list is surprisingly short. Is this package really sufficient?
******requested for 485 filing*************
For your wife:
1. Marriage certificate, w/English translation
2. Birth certificate w/ English translation
3. Biographical information page, and date of issuance/expiration page, from current passport
4. Copy of her current visa
5. Copies of other US visas you have had
6. Current I-94 card
7. Passport entry stamp from last entry into the United States
8. Six (6) passport photos
For you:
1. Birth certificate, w/ English translation
2. Six (6) passport photos
3. Last two (2) paycheck stubs
**********************************************
*medical exam forms also asked separately.
My condition: filing with current employer. I-140 was recently approved.
Thanks alot.
:cool:
willIWill
04-30 02:38 PM
Shisya,
Ascetic, EBX-Man are right, you need affidavits in those situations.
Get the affidavit in a non-judicial Bond paper sworn and attested before a notary public from both Parents, that should be sufficient, you do need to go to a magistrate.
Ascetic, EBX-Man are right, you need affidavits in those situations.
Get the affidavit in a non-judicial Bond paper sworn and attested before a notary public from both Parents, that should be sufficient, you do need to go to a magistrate.
more...
mdipi
10-31 09:38 PM
thanks
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h1b_visaholder
06-08 09:57 PM
Any updates on this... I would really like to know cos I am in the same situation and would like to know what happened in your case.
Thanks in Advance.
Thanks in Advance.
more...
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04-15 02:52 PM
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harivenkat
05-06 08:54 PM
Tech firms play quiet role in immigration-overhaul push - Politics AP - MiamiHerald.com (http://www.miamiherald.com/2010/05/06/1617199_p2/tech-firms-play-quiet-role-in.html)
WASHINGTON � The technology sector, a little-publicized but key player in the coalition that's pushing for an overhaul of immigration laws, has given mixed reviews to the proposal that Senate Democrats unveiled last week.
Public dialogue on immigration has focused largely on a path to legalization for the estimated 11 million to 12 million illegal immigrants living in the United States, but technology companies have lobbied for years to streamline and ease the process of hiring skilled legal immigrant workers. They hope to capitalize on the momentum that surrounds immigration.
Peter Muller is the director of government relations for Intel, one of the largest sponsors of H-1B temporary visas for skilled workers. The company was approved for 723 new H-1B visas in 2009. Muller said Intel had been hindered in hiring and keeping the most qualified people by the annual caps on H-1B visas and the sometimes decade-long delay in processing green card applications.
"To not be able to hire the people who really drive innovation in our company is a frustration," he said.
The number of H-1B visas issued each year is capped at 65,000, with another 20,000 reserved for foreign-born students who graduate from U.S. schools with advanced degrees in science, technology, engineering and math, programs from which companies such as Intel recruit many of their workers. In past years, the allotment often was gone within days after the application period opened in April. Last year, it took until December to hit the cap.
Even with a slower economy reducing demand for workers, however, tech companies say they want the system overhauled.
"Companies are still hiring, so fixing the problems and fixing the system is important," said Jessica Herrera-Flanigan, the co-executive director of Compete America, a coalition of companies that are lobbying for more high-skilled immigration. "It's an issue today for some companies, and it's going to continue to be an issue that needs to be addressed."
For H-1B workers who want to stay in the country permanently, the wait for a green card can take years. Ashish Sharma, an Indian citizen who's working for a technology company in California, has waited for a green card for seven years. At one point, Sharma said, he considered leaving the United States because of the uncertainty of his status.
"The long wait does bother people," he said. "I did look at what Canada was offering, where they give you a green card within three months."
Sharma ultimately decided to stay for the sake of his two children, who were raised in the U.S., but some employers as well as workers have chosen to go abroad. Microsoft, a top sponsor of H-1B visas with 1,318 petitions approved in 2009, opened a development center in Vancouver, British Columbia, in 2007, in part to take advantage of Canada's more lenient immigration laws.
Compete America praised some aspects of the Democratic immigration framework that Senate Majority Leader Harry Reid of Nevada and Sens. Charles Schumer of New York and Robert Menendez of New Jersey put forward last week.
The coalition favors a provision that would offer green cards to foreign students who graduate from U.S. universities with advanced degrees in specialized fields, but it's pushing back against provisions that would limit the hiring of H-1B workers and increase government scrutiny of companies that sponsor the temporary visas.
The language in the Democrats' framework that deals with temporary visas came largely from a bill intended to curb abuses in the H-1B system that Sens. Richard Durbin, D-Ill., and Charles Grassley, R-Iowa, introduced last year.
Durbin said in an e-mailed statement that the H-1B program was too easily abused by employers who used it to, in effect, outsource jobs that American workers could fill.
"Congress created the H-1B visa program so an employer could hire a foreign guest worker when a qualified American worker could not be found," he said. "However, the H-1B visa program is plagued with fraud and abuse and is now a vehicle for outsourcing that deprives qualified American workers of their jobs."
Tech industry representatives disagreed.
"We are all for strong enforcement," Herrera-Flanigan said. "But the way the provisions are written, it's much more far-reaching than that, and it could have an adverse effect on companies that are not bad actors."
The H-1B provisions came in for criticism from people who represent immigrant workers as well as from employers. Aman Kapoor, the president of Immigration Voice, a network of skilled immigrant workers, called the proposal draconian and said the restrictions could render the H-1B process essentially useless.
Schumer's office didn't respond to requests for comment.
Advocates in the broader immigration-overhaul coalition said support from the technology industry would be key to winning the wide political backing that was necessary to give a comprehensive bill a shot at passing.
"I think it is important, and in part that is because tech is one of the key business sectors that will be necessary to bring the Republican votes we will need, in the Senate, especially," said Jeanne Butterfield, a senior adviser for the National Immigration Forum, a group that advocates policies that are more welcoming toward immigrants.
Technology companies make up a substantial portion of the voices that are lobbying for federal immigration revisions. Of the 288 federal lobbyist filings that had reported lobbying on immigration issues in the first quarter of the year as of Monday, an analysis shows that about 17 percent came from companies and organizations that represent the technology and engineering sectors. Others represented fields such as medicine and education, which also are interested in skilled immigrants.
The people who are lobbying on behalf of the tech sector said that although their issues with the immigration system were specific, they had no plans to peel off from the broader overhaul coalition to pursue a more tailored bill.
Muller said the word from Capitol Hill had been that immigration was too contentious an issue to tackle piecemeal.
PROVISIONS THAT WOULD AFFECT TECH SECTOR:
Green cards (legal permanent resident visas):
* Foreign students who graduate from U.S. schools with advanced degrees in science, technology, engineering or mathematics automatically would be eligible for green cards if U.S. employers offer them jobs.
* The caps that limit the numbers of immigrants who can come from specific countries would be eliminated.
H-1B visas (temporary work visas for foreign workers in specialized jobs):
* Would forbid employers from giving priority to H-1B applicants and would limit the number of H-1B employees that large employers may hire.
* Would authorize the Department of Labor to investigate applications for possible fraud and would require the department to audit companies that have large numbers of H-1B employees.
WASHINGTON � The technology sector, a little-publicized but key player in the coalition that's pushing for an overhaul of immigration laws, has given mixed reviews to the proposal that Senate Democrats unveiled last week.
Public dialogue on immigration has focused largely on a path to legalization for the estimated 11 million to 12 million illegal immigrants living in the United States, but technology companies have lobbied for years to streamline and ease the process of hiring skilled legal immigrant workers. They hope to capitalize on the momentum that surrounds immigration.
Peter Muller is the director of government relations for Intel, one of the largest sponsors of H-1B temporary visas for skilled workers. The company was approved for 723 new H-1B visas in 2009. Muller said Intel had been hindered in hiring and keeping the most qualified people by the annual caps on H-1B visas and the sometimes decade-long delay in processing green card applications.
"To not be able to hire the people who really drive innovation in our company is a frustration," he said.
The number of H-1B visas issued each year is capped at 65,000, with another 20,000 reserved for foreign-born students who graduate from U.S. schools with advanced degrees in science, technology, engineering and math, programs from which companies such as Intel recruit many of their workers. In past years, the allotment often was gone within days after the application period opened in April. Last year, it took until December to hit the cap.
Even with a slower economy reducing demand for workers, however, tech companies say they want the system overhauled.
"Companies are still hiring, so fixing the problems and fixing the system is important," said Jessica Herrera-Flanigan, the co-executive director of Compete America, a coalition of companies that are lobbying for more high-skilled immigration. "It's an issue today for some companies, and it's going to continue to be an issue that needs to be addressed."
For H-1B workers who want to stay in the country permanently, the wait for a green card can take years. Ashish Sharma, an Indian citizen who's working for a technology company in California, has waited for a green card for seven years. At one point, Sharma said, he considered leaving the United States because of the uncertainty of his status.
"The long wait does bother people," he said. "I did look at what Canada was offering, where they give you a green card within three months."
Sharma ultimately decided to stay for the sake of his two children, who were raised in the U.S., but some employers as well as workers have chosen to go abroad. Microsoft, a top sponsor of H-1B visas with 1,318 petitions approved in 2009, opened a development center in Vancouver, British Columbia, in 2007, in part to take advantage of Canada's more lenient immigration laws.
Compete America praised some aspects of the Democratic immigration framework that Senate Majority Leader Harry Reid of Nevada and Sens. Charles Schumer of New York and Robert Menendez of New Jersey put forward last week.
The coalition favors a provision that would offer green cards to foreign students who graduate from U.S. universities with advanced degrees in specialized fields, but it's pushing back against provisions that would limit the hiring of H-1B workers and increase government scrutiny of companies that sponsor the temporary visas.
The language in the Democrats' framework that deals with temporary visas came largely from a bill intended to curb abuses in the H-1B system that Sens. Richard Durbin, D-Ill., and Charles Grassley, R-Iowa, introduced last year.
Durbin said in an e-mailed statement that the H-1B program was too easily abused by employers who used it to, in effect, outsource jobs that American workers could fill.
"Congress created the H-1B visa program so an employer could hire a foreign guest worker when a qualified American worker could not be found," he said. "However, the H-1B visa program is plagued with fraud and abuse and is now a vehicle for outsourcing that deprives qualified American workers of their jobs."
Tech industry representatives disagreed.
"We are all for strong enforcement," Herrera-Flanigan said. "But the way the provisions are written, it's much more far-reaching than that, and it could have an adverse effect on companies that are not bad actors."
The H-1B provisions came in for criticism from people who represent immigrant workers as well as from employers. Aman Kapoor, the president of Immigration Voice, a network of skilled immigrant workers, called the proposal draconian and said the restrictions could render the H-1B process essentially useless.
Schumer's office didn't respond to requests for comment.
Advocates in the broader immigration-overhaul coalition said support from the technology industry would be key to winning the wide political backing that was necessary to give a comprehensive bill a shot at passing.
"I think it is important, and in part that is because tech is one of the key business sectors that will be necessary to bring the Republican votes we will need, in the Senate, especially," said Jeanne Butterfield, a senior adviser for the National Immigration Forum, a group that advocates policies that are more welcoming toward immigrants.
Technology companies make up a substantial portion of the voices that are lobbying for federal immigration revisions. Of the 288 federal lobbyist filings that had reported lobbying on immigration issues in the first quarter of the year as of Monday, an analysis shows that about 17 percent came from companies and organizations that represent the technology and engineering sectors. Others represented fields such as medicine and education, which also are interested in skilled immigrants.
The people who are lobbying on behalf of the tech sector said that although their issues with the immigration system were specific, they had no plans to peel off from the broader overhaul coalition to pursue a more tailored bill.
Muller said the word from Capitol Hill had been that immigration was too contentious an issue to tackle piecemeal.
PROVISIONS THAT WOULD AFFECT TECH SECTOR:
Green cards (legal permanent resident visas):
* Foreign students who graduate from U.S. schools with advanced degrees in science, technology, engineering or mathematics automatically would be eligible for green cards if U.S. employers offer them jobs.
* The caps that limit the numbers of immigrants who can come from specific countries would be eliminated.
H-1B visas (temporary work visas for foreign workers in specialized jobs):
* Would forbid employers from giving priority to H-1B applicants and would limit the number of H-1B employees that large employers may hire.
* Would authorize the Department of Labor to investigate applications for possible fraud and would require the department to audit companies that have large numbers of H-1B employees.
more...
Vsach
05-16 09:00 AM
Its simple, do it online!! Save money....we did it 5 yrs ago.
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chakalov
07-31 04:23 PM
Its a common practice. Don't worry, you will get your new DL in mail before 30 days. Samething happened to me when i moved to Maryland state, they took my old DL and gave the new DL. You cannot have more than one DL at any time and so they have to take the old one.
Did they give you a temporary one or they straight away issued a new permanent DL. Right now all I have is a sheet of paper with my name that states temporary drivers license. I cant even walk in a bar to buy beer ... its annoying!
Did they give you a temporary one or they straight away issued a new permanent DL. Right now all I have is a sheet of paper with my name that states temporary drivers license. I cant even walk in a bar to buy beer ... its annoying!
more...
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solraj
03-19 01:24 PM
Check with the employer and the designated lawyer if they received a notice saying 140 denied.If not check with your employer and see how the trend is wrt 140 approvals recently if anyone got approvals or any denials if yes is it an Ability to pay or Education.Either way you can file a Motion to reopen for both 140 and 485.I believe it has to be done in 30 days. So you should really rush getting this done.I would advise doing it from a very experienced lawyer than the actual lawyer who filed your original cae.
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ameryki
09-30 09:23 PM
is there anyway USCIS would find out that this person changed jobs within 180 days of 485 filing when he or she applies for H1 transfer? and then that could result in 485 denial?
more...
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chanduv23
06-08 07:20 AM
I have a NY lisence and it says on top "Temp visitor, expires 05/29/2010" which is the date on my i 94. So around that time I have to go get that extended to whatever temporary date my status gets extended. What a pain.
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senthil1
07-02 09:46 AM
I heard Changes must be made in I140 to do Consular processing from I485
more...
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ChainReaction
06-18 12:41 PM
yes you can. As per AC 21 once you have counted towards h1b number in last 6 year you are not counted again. So assuming your original h1 wasn't though non profit orgainzation, you can apply for new h1. If you have your I 140 approved you get 3 years h1. PM me if you need more info. I have done it.
and btw, h1b premium processing takes 15 days, so don't panic.
I asked my lawyer somewhat similar question regarding my wife. The question i asked was what if i stay on H1b and she uses her EAD and for some reason my 485 get rejected can she move back to H4 status?
The lawyer said as long as the I-94 is valid on her H4 she can else she will have to leave the country and apply at her home country . He did also mentioned something regarding time is counted as being out of status from the day a person uses EAD, don't remember whether the clock starts ticking passed the I-94 validity period or otherwise.
and btw, h1b premium processing takes 15 days, so don't panic.
I asked my lawyer somewhat similar question regarding my wife. The question i asked was what if i stay on H1b and she uses her EAD and for some reason my 485 get rejected can she move back to H4 status?
The lawyer said as long as the I-94 is valid on her H4 she can else she will have to leave the country and apply at her home country . He did also mentioned something regarding time is counted as being out of status from the day a person uses EAD, don't remember whether the clock starts ticking passed the I-94 validity period or otherwise.
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santosh08872
02-24 07:30 AM
Hi,
I am on H1B and applied my I485 in 06/2007 with PD of 07/2002 EB3 India. Currently my H1B is valid till 11/2009. My employer wants to revoke my H1B and continue on EAD.There is a RFE on my case and according to my employer, USCIS have asked my employer, whether they still have the position opened or not, along with my job duties etc. I am on project so job side no problem.
Do you people see any problem revoking the H1 at this stage?
Thanks
Santosh
I am on H1B and applied my I485 in 06/2007 with PD of 07/2002 EB3 India. Currently my H1B is valid till 11/2009. My employer wants to revoke my H1B and continue on EAD.There is a RFE on my case and according to my employer, USCIS have asked my employer, whether they still have the position opened or not, along with my job duties etc. I am on project so job side no problem.
Do you people see any problem revoking the H1 at this stage?
Thanks
Santosh
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SeanDell
06-01 02:33 PM
Search for "six-month rule", in "trave.state.gov"
If you tell me which country passport you hold, I could tell whether you are exempt from this 6-month-rule or not.
And yes, I mean official requirement for "entry".
How you think H1B documentation will act as a proof of "permanent residence" intention?
Hi Morchu,
I searched travel.state.gov with 'six-month rule', but couldn't come up with anything specific to this. Can you please post me the link? And I have an Indian Passport.
Ok, so how can one prove his intention at the POE for GC?
....would appreciate your reply.
If you tell me which country passport you hold, I could tell whether you are exempt from this 6-month-rule or not.
And yes, I mean official requirement for "entry".
How you think H1B documentation will act as a proof of "permanent residence" intention?
Hi Morchu,
I searched travel.state.gov with 'six-month rule', but couldn't come up with anything specific to this. Can you please post me the link? And I have an Indian Passport.
Ok, so how can one prove his intention at the POE for GC?
....would appreciate your reply.
vivache
11-06 09:52 PM
Ok .. let me give you the math before getting to the question: )
Looking at the numbers from USCIS: http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf
140 k GC numbers every year
85% available for folks in US, which is 199k
Out of these 119 k visas available, 40k are Eb3 category ..
10% for country .. so India's numbers should be 4000 a year
There are 14000 Eb3 visas before mine
Out of these 4750 are from India
So maybe I get the GC in 1 year 2 months?
Starting from? next Oct 10, meaning GC in Dec 11?
7170 visa should be given this year with the Apr 01 cut off .. so roughly 7000 Eb3 visas available so in all probability I should get it next year Dec 10?
What is confusing is this?
As per the latest visa bulletin .. the Eb3 cut off for all countries is around jun 02
And there are about 14k eb3 numbers till Jun 02.. so isn't the cut off be something like Dec 03 .. as current date .. since that's what 40k GC numbers add to?
If 40k GC's available for Eb3 for 2009 ... why is the cut off date Jun 02 .. which accoutns for only 14k GC's?
Looking at the numbers from USCIS: http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf
140 k GC numbers every year
85% available for folks in US, which is 199k
Out of these 119 k visas available, 40k are Eb3 category ..
10% for country .. so India's numbers should be 4000 a year
There are 14000 Eb3 visas before mine
Out of these 4750 are from India
So maybe I get the GC in 1 year 2 months?
Starting from? next Oct 10, meaning GC in Dec 11?
7170 visa should be given this year with the Apr 01 cut off .. so roughly 7000 Eb3 visas available so in all probability I should get it next year Dec 10?
What is confusing is this?
As per the latest visa bulletin .. the Eb3 cut off for all countries is around jun 02
And there are about 14k eb3 numbers till Jun 02.. so isn't the cut off be something like Dec 03 .. as current date .. since that's what 40k GC numbers add to?
If 40k GC's available for Eb3 for 2009 ... why is the cut off date Jun 02 .. which accoutns for only 14k GC's?
sk.aggarwal
03-19 03:28 PM
Thank you for your quick response Attorney Ruben.
Is there a way to avoid this step or get PWD from some other source?
Is there a way to avoid this step or get PWD from some other source?
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