PD_Dec2002
07-08 11:27 AM
i agree.. thats being professional and ethical..
Yes, but I won't be surprised if the USCIS lawyers interpret the law to suit their convenience. And even worse, the judge buys it.
Thanks,
Jayant
Yes, but I won't be surprised if the USCIS lawyers interpret the law to suit their convenience. And even worse, the judge buys it.
Thanks,
Jayant
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dtekkedil
07-02 11:30 PM
these things rrgood for movies not practical life. 2 days more and everyone will move on. just watch...
and now, here everyone comes bashing me for speaking the truth :)
Perhaps a few will move on... but there are those who have sincerely been hurt by this "bait and switch". I hope to believe that they would keep this up!
Besides, the aim is to create as much awareness as possible! If we can achieve that, half our job is done!
By the way... we don't have to give the "All the best" note in person. We can mail it! A single flower along with it will make it a little more effective.
and now, here everyone comes bashing me for speaking the truth :)
Perhaps a few will move on... but there are those who have sincerely been hurt by this "bait and switch". I hope to believe that they would keep this up!
Besides, the aim is to create as much awareness as possible! If we can achieve that, half our job is done!
By the way... we don't have to give the "All the best" note in person. We can mail it! A single flower along with it will make it a little more effective.
chantu
09-03 11:44 AM
Yes, u r lawyer is right. It is fine to skip.
Hi - I currently have my H1B(H4 for my wife) valid till Mar 2011 and EAD expires on 10/15/08.
Can I skip the renewal process for now and apply for EAD later?
My lawyer says it is OK to skip for now and apply for EAD/AP anytime as long as I-485 is pending.
Please advise.
Thanks,
new2gc
Hi - I currently have my H1B(H4 for my wife) valid till Mar 2011 and EAD expires on 10/15/08.
Can I skip the renewal process for now and apply for EAD later?
My lawyer says it is OK to skip for now and apply for EAD/AP anytime as long as I-485 is pending.
Please advise.
Thanks,
new2gc
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sri1309
03-16 10:56 AM
There is very simple reason for this, during 1999-2002 H1B cap was raised to 190,000 even if you make a guess on the lower side more than 50% of these H1Bs went to Indians, so atleast 200,000 Indians entered US between 1999 when these people filed their Green Cards most of them filed under EB-3, b'cause retrogression wasn't there and everthing was current, lot of people, who were in the states where labor took less time, kept getting their green cards, in the meantime a huge chunk of people from states like NJ, NY, TX, CA got stuck at the labor stage with PD in 2000 and up. So basically lot of 2002 & above got cleared but these people with older PDs were stuck. Now when these Labors are cleared, with just 3300 Green Card numbers every year, it'll take 20 years or more for EB-3 cut-off dates to move to 2009.
Good discussion.
But even if it was 65000, from India, I'm sure most of them took a big slice, lets say 30%= 20,000 H1 visas. And did the 7% quota formula might have existed at that time too. If so, even then there must be quite a big line. Why were things current at any point. Were they just processing very fast without any attention to quota formula and then they woke up?
Good discussion.
But even if it was 65000, from India, I'm sure most of them took a big slice, lets say 30%= 20,000 H1 visas. And did the 7% quota formula might have existed at that time too. If so, even then there must be quite a big line. Why were things current at any point. Were they just processing very fast without any attention to quota formula and then they woke up?
more...
Madhuri
04-06 03:26 PM
Very well said GCBy3000.
I have one question, did you have any trouble while getting mortgage approval? Do you think in the changed scenario in US housing market, people like us will have problems in getting approval b'cos of our residency status and recently tightened regulations?
Well said eager_immi. Getting GC and getting job and earning is not the only thing in life. I have seen many many couple who are gc holders and citizens, giving up their career to bring up the kids for the first few years. This segment includes US citizens ( US Origin) too. Most the of the americans here have their spouse at home to take care of their kids first few years. It is not worth anybody's time and money to have a kid and put them in daycare from day one and go out and earn and pay half of it to daycare.
Enough of above, even my wife is CPA and we are married for 5 years now. She came to US dreaming about working in professional CPA firm. But my ignorance about GC process then cost her her career. She was depressed initially. I am an easy go guy and convinced her not to worry much about job. We planned and now we have 3+ year girl and a 3 weeks+ boy. Her mind is all set towards taking care of our kids and I am free from those job hunting depressions. Once both of our kids reaches 5+, she may again start to think about career. May be by then, by Gods grace, I hope to have my GC. I bought a house this year and we all live happily knowing all the uncertanites of H1. We knew it is risk to buy a house. But ultimately what is going to happen. Is anyone going to behead you in case you default or loose job? What the heck, file bankruptcy and go back to home country. At least the days we live here, we live in peace and enjoy. If you have this mindset, you will think clearly and will take positive decisions. Otherwise, everyday is hell in US for immigrants with the current GC process.
Getting GC and earning is not everything. It is only very very small part of life. Forget about it and live today's life with what you have. Worry about things which you can control. All other things will follow you automatically. Having kids is in your hand and you have to have this sooner or later. Always, sooner the better and you can use this retrogression as an opportunity to execute those projects instead of worrying over it. GOOD LUCK.
I have one question, did you have any trouble while getting mortgage approval? Do you think in the changed scenario in US housing market, people like us will have problems in getting approval b'cos of our residency status and recently tightened regulations?
Well said eager_immi. Getting GC and getting job and earning is not the only thing in life. I have seen many many couple who are gc holders and citizens, giving up their career to bring up the kids for the first few years. This segment includes US citizens ( US Origin) too. Most the of the americans here have their spouse at home to take care of their kids first few years. It is not worth anybody's time and money to have a kid and put them in daycare from day one and go out and earn and pay half of it to daycare.
Enough of above, even my wife is CPA and we are married for 5 years now. She came to US dreaming about working in professional CPA firm. But my ignorance about GC process then cost her her career. She was depressed initially. I am an easy go guy and convinced her not to worry much about job. We planned and now we have 3+ year girl and a 3 weeks+ boy. Her mind is all set towards taking care of our kids and I am free from those job hunting depressions. Once both of our kids reaches 5+, she may again start to think about career. May be by then, by Gods grace, I hope to have my GC. I bought a house this year and we all live happily knowing all the uncertanites of H1. We knew it is risk to buy a house. But ultimately what is going to happen. Is anyone going to behead you in case you default or loose job? What the heck, file bankruptcy and go back to home country. At least the days we live here, we live in peace and enjoy. If you have this mindset, you will think clearly and will take positive decisions. Otherwise, everyday is hell in US for immigrants with the current GC process.
Getting GC and earning is not everything. It is only very very small part of life. Forget about it and live today's life with what you have. Worry about things which you can control. All other things will follow you automatically. Having kids is in your hand and you have to have this sooner or later. Always, sooner the better and you can use this retrogression as an opportunity to execute those projects instead of worrying over it. GOOD LUCK.
sanjay
02-09 02:34 PM
Folks,
We if collect $1000.00 by the end of the day, I will contribute another $21.00 today itself. Less then $700.00 to go...
Keep it going.....
GCCovet.
I won't ask here for a deadline, but I will keep adding my $25 for each 1000 collected.
We if collect $1000.00 by the end of the day, I will contribute another $21.00 today itself. Less then $700.00 to go...
Keep it going.....
GCCovet.
I won't ask here for a deadline, but I will keep adding my $25 for each 1000 collected.
more...
sam2006
07-20 03:48 PM
Thanks !
Zooooom , gsc999, husker, sam, Raju and all others who were driving this initiative what is your take on this ?
I would like to be diplomatic on this ..
will like to go with the majority ..
but personally speaking.. may be we can have the drive till monday and see how it goes ..
Zooooom , gsc999, husker, sam, Raju and all others who were driving this initiative what is your take on this ?
I would like to be diplomatic on this ..
will like to go with the majority ..
but personally speaking.. may be we can have the drive till monday and see how it goes ..
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WaldenPond
06-28 08:36 PM
Hello pappu,
That is an excellent find. Maybe we could work through this lead. We will contact Dr. Woo and Rajen Anand. Thanks a lot for the excellent research.
WaldenPond
This is a good idea.
http://www.80-20initiative.net/intouch.htm
http://www.80-20initiative.net/BoDSC.html
There is also one Rajen Anand as its director.
Rajen Anand (Southern California)
Currently serving as a Professor of Physiology at the California State University, Long Beach, Dr. Anand was head of the USDA Center for Nutrition Policy and Promotion in Washington DC, 1995-2001.
Long involved in public policy issues and community affairs, Dr. Anand has served as an officer / Board member of: 80-20 Initiative, Asian and Pacific Americans in Higher Education (vice president); National Federation of Indian American Associations (president-elect); Indo-American Political Association (chair); Asian American and Pacific Islander Caucus (vice chair and chair) in California, and many others.
Dr. Anand was appointed in 1994, and reappointed in 1997 and 2000, to serve on the 11-member National Committee on Foreign Medical Education and Accreditation.
That is an excellent find. Maybe we could work through this lead. We will contact Dr. Woo and Rajen Anand. Thanks a lot for the excellent research.
WaldenPond
This is a good idea.
http://www.80-20initiative.net/intouch.htm
http://www.80-20initiative.net/BoDSC.html
There is also one Rajen Anand as its director.
Rajen Anand (Southern California)
Currently serving as a Professor of Physiology at the California State University, Long Beach, Dr. Anand was head of the USDA Center for Nutrition Policy and Promotion in Washington DC, 1995-2001.
Long involved in public policy issues and community affairs, Dr. Anand has served as an officer / Board member of: 80-20 Initiative, Asian and Pacific Americans in Higher Education (vice president); National Federation of Indian American Associations (president-elect); Indo-American Political Association (chair); Asian American and Pacific Islander Caucus (vice chair and chair) in California, and many others.
Dr. Anand was appointed in 1994, and reappointed in 1997 and 2000, to serve on the 11-member National Committee on Foreign Medical Education and Accreditation.
more...
JunRN
09-12 05:53 PM
My lawyers sent all their applications to NSC, irrespective of where I 140 was processed. In reality i dont think there was any directive from USCIS askingthem not to do so.
Anyway.. my application was also received by M Schweitzer on Augs 1st 9am.
my I140 was cleared in Texas. So far nothing.
Its good to hear July 31st people getting updates.. gives me reason to cheer!!
A
Yeah, there was no directive from USCIS where to correctly send the application. As a matter of fact, USCIS said that we can send it in any of the four Service Center and it wouldn't be rejected. This is good for us in a way because it lessen the risk of rejection but also bad because it causes delays as USCIS have to transfer some application from one Service Center to another.
Hopefully, your Receipts will come soon.
Anyway.. my application was also received by M Schweitzer on Augs 1st 9am.
my I140 was cleared in Texas. So far nothing.
Its good to hear July 31st people getting updates.. gives me reason to cheer!!
A
Yeah, there was no directive from USCIS where to correctly send the application. As a matter of fact, USCIS said that we can send it in any of the four Service Center and it wouldn't be rejected. This is good for us in a way because it lessen the risk of rejection but also bad because it causes delays as USCIS have to transfer some application from one Service Center to another.
Hopefully, your Receipts will come soon.
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akhilmahajan
02-25 03:52 PM
Thanks for your insight and observation.
Do you believe in what IV is doing?
If Yes, i will really appreciate if you can contribute and help us in any way. This is an organisation run by people like me and you, who have full time jobs and have families also. If we all can take out some time out of our busy lives and try to help IV, then everyone will know about IV.
When we say we need to convince people, which is ridiculous, as i am 100% sure, everybody knows whats going on. We all are suffering and are here fort he long haul. If still people dont want to do anything, then no one can help us.
So, Thanks a lot for your insight and help IV to help yourself.
GO IV GO. TOGETHER WE CAN.
Lack of convincing power that IV will do something. Lack of trust in IV organization. Lack of advertisements. lack of communication.
How do successful organizations ask people to donate money? There is something to be learned. If the cause is right (we all know it is) then its a matter of delivering this message that will get people convinced. Lot of charities get donations. How? I think that is what we need to learn. Most desis are not even aware about this organization. I bumped into it via google search for my immigration answer. So lets throw some ideas around for better advertisements.
Do you believe in what IV is doing?
If Yes, i will really appreciate if you can contribute and help us in any way. This is an organisation run by people like me and you, who have full time jobs and have families also. If we all can take out some time out of our busy lives and try to help IV, then everyone will know about IV.
When we say we need to convince people, which is ridiculous, as i am 100% sure, everybody knows whats going on. We all are suffering and are here fort he long haul. If still people dont want to do anything, then no one can help us.
So, Thanks a lot for your insight and help IV to help yourself.
GO IV GO. TOGETHER WE CAN.
Lack of convincing power that IV will do something. Lack of trust in IV organization. Lack of advertisements. lack of communication.
How do successful organizations ask people to donate money? There is something to be learned. If the cause is right (we all know it is) then its a matter of delivering this message that will get people convinced. Lot of charities get donations. How? I think that is what we need to learn. Most desis are not even aware about this organization. I bumped into it via google search for my immigration answer. So lets throw some ideas around for better advertisements.
more...
pmat
05-23 07:07 AM
Done... Sent emails to all.
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cjagtap
11-21 10:11 AM
Dear Mehul,
I am extremely sorry to hear about your situation. I guess you shd directly contact USCIS authority who can guide
you properly instead of going thru' multiple lawyers . Write a letter to the state senator an explain your situation.Last but not least remain positive. God is there with you and your family.
I am extremely sorry to hear about your situation. I guess you shd directly contact USCIS authority who can guide
you properly instead of going thru' multiple lawyers . Write a letter to the state senator an explain your situation.Last but not least remain positive. God is there with you and your family.
more...
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gcnirvana
05-30 12:57 AM
1. I sent emails to Senators again.
2. Sent another issue of my story to 50+ journalist/newspapers again.
3. Sent Webfax again.
Cmon people...this is the only change we've got and IV is the only hope we can hang on to. Please use it to the fullest.
Go IV Go...
2. Sent another issue of my story to 50+ journalist/newspapers again.
3. Sent Webfax again.
Cmon people...this is the only change we've got and IV is the only hope we can hang on to. Please use it to the fullest.
Go IV Go...
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mbawa2574
09-07 12:11 PM
Hello All,
Talked to my lawyer today about the checks; they have been encashed for myself and my spouse on 9/4. My RN starts with SRC.
My I-140 was approved from Texas and my AOS/485 was mailed on july 2nd and arrived on july 3rd to NSC.
Just a curious question for those you have already received their RN#. When checking the case status it displays "I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS "...will this message change when EAD has been approved and mailed?
Thanks and good luck to all.
R Williams ??
Talked to my lawyer today about the checks; they have been encashed for myself and my spouse on 9/4. My RN starts with SRC.
My I-140 was approved from Texas and my AOS/485 was mailed on july 2nd and arrived on july 3rd to NSC.
Just a curious question for those you have already received their RN#. When checking the case status it displays "I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS "...will this message change when EAD has been approved and mailed?
Thanks and good luck to all.
R Williams ??
more...
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abq_gc
08-18 01:25 PM
NO LAWSUIT DISCUSSIONS PLEASE
Reason:
Lawsuit takes time , energy and substantial money.
You have to prove harm to the affected party due to the actions of the government.
It needs a champion.
then what do u wanna do.. another flower campaign ??? another rally ?? another email campaign ??
Reason:
Lawsuit takes time , energy and substantial money.
You have to prove harm to the affected party due to the actions of the government.
It needs a champion.
then what do u wanna do.. another flower campaign ??? another rally ?? another email campaign ??
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rajenk
01-24 03:19 PM
All,
I appreciate all your inputs on the below mentioned scenario.
1. Company A filed I-140 and approved.
2. Got H1B extension for 3 years (8,9,10th years).
3. Applied I-485 and it is past 180 days.
4. Now Company B hires using H1B and invoking AC21
Stage 4 in detail:
a. Filed H1B transfer and got approval.
b. Informed USCIS about job change with AC21 portability.
c. Submitted new employment verification letter from company B
Now coming to the questions.
1. Would company B be able to request for another 3 year on H1B or only the remaining period will be approved by USCIS?
2. Say now employer A revokes I-140, what will be the status on the approved H1B?
3. Assuming H1B is valid still ( even after revoking I-140), after 10th year will the beneficiary be able to extend H1B? If so based on what pending application the H1B can be extended?
I appreciate all your inputs on the below mentioned scenario.
1. Company A filed I-140 and approved.
2. Got H1B extension for 3 years (8,9,10th years).
3. Applied I-485 and it is past 180 days.
4. Now Company B hires using H1B and invoking AC21
Stage 4 in detail:
a. Filed H1B transfer and got approval.
b. Informed USCIS about job change with AC21 portability.
c. Submitted new employment verification letter from company B
Now coming to the questions.
1. Would company B be able to request for another 3 year on H1B or only the remaining period will be approved by USCIS?
2. Say now employer A revokes I-140, what will be the status on the approved H1B?
3. Assuming H1B is valid still ( even after revoking I-140), after 10th year will the beneficiary be able to extend H1B? If so based on what pending application the H1B can be extended?
more...
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ssa
07-28 12:47 AM
It may not directly harm visa recapture or any other official IV campaigns - at least for now! But don't you think if EB3-I campaign to revert to the old way of handling the overflow succeeds at all their will be an immediate follow up, counter campaign to re-revert the decision by EB2s? I don't see an end to this fight and I don't see any winners in the long term.
Again, I'm not saying you shouldn't run your campaign. You have every right to do so. But please accept this for what it is. It will cause a split in IV members and that can not be avoided.
Yes, you quoted Visa bulletin which says DOS "may" not to adhere to country limits in distributing spill overs .
is there anything that says that distribution further has to be done in a particular way ??
I have not found any . Probably there is none otherwise DOS could not have gotten away with "vertical" and "Horizontal" flip flops.
In that light every comment about EB*->EB? , failing smell tests are speculative at best.
You are yet to respond to my question of why EB3-I and recapture lobbying efforts cannot proceed simultaneously and How EB3-I lobbying undermines recapture effort.
Again, I'm not saying you shouldn't run your campaign. You have every right to do so. But please accept this for what it is. It will cause a split in IV members and that can not be avoided.
Yes, you quoted Visa bulletin which says DOS "may" not to adhere to country limits in distributing spill overs .
is there anything that says that distribution further has to be done in a particular way ??
I have not found any . Probably there is none otherwise DOS could not have gotten away with "vertical" and "Horizontal" flip flops.
In that light every comment about EB*->EB? , failing smell tests are speculative at best.
You are yet to respond to my question of why EB3-I and recapture lobbying efforts cannot proceed simultaneously and How EB3-I lobbying undermines recapture effort.
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gsc999
07-07 09:52 PM
I hope Franklin is there. Please convey my personal feeling that I consider him (+ all non-indians) to be an integral part of IV.
Macaca,
Franklin is a her not him. She is our Northern California group coordinator. I will convey your message but I am pretty sure she might already have gotten it by reading it here on the forum
Macaca,
Franklin is a her not him. She is our Northern California group coordinator. I will convey your message but I am pretty sure she might already have gotten it by reading it here on the forum
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delhiguy
07-08 06:36 PM
The case should not have been accepted if the lady does not have constitutional rights. Lets see if they reject the case on this basis after listening to Tancredo.
I have a question , if someone want to answer it.
We are applying for EB based greencard,That is its my company which is applying for my GC, i am just an benefeciary , and USCIS is dealing with my company, How can i then sue USCIS in the lawsuit.
I asked this because, my lawyer told me that its my company who is the applicant in a EB based GC
I have a question , if someone want to answer it.
We are applying for EB based greencard,That is its my company which is applying for my GC, i am just an benefeciary , and USCIS is dealing with my company, How can i then sue USCIS in the lawsuit.
I asked this because, my lawyer told me that its my company who is the applicant in a EB based GC
gc_peshwa
11-17 04:45 PM
Pappu
Running this thread to thousands of pages alone is not gonna help us. Do you guys have a conference call where I can join and take up some action items?
IF IV has to throw its might behind this bill we need to:
-Reach out to ALL lawmakers, target who are susceptible (Sen. Brown from MA for example)
-Use phone calls (Can we have a mass phone campaign)
-Radio shows (Do we have a Radio show in Washington DC where IV can get Air time. I am sure lawmakers do listen to Radio shows)
-Email (what this thread is about right now)
Running this thread to thousands of pages alone is not gonna help us. Do you guys have a conference call where I can join and take up some action items?
IF IV has to throw its might behind this bill we need to:
-Reach out to ALL lawmakers, target who are susceptible (Sen. Brown from MA for example)
-Use phone calls (Can we have a mass phone campaign)
-Radio shows (Do we have a Radio show in Washington DC where IV can get Air time. I am sure lawmakers do listen to Radio shows)
-Email (what this thread is about right now)
gcbikari
04-24 10:55 AM
Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.
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