Vitriol
04-13 09:12 AM
Gurus, your inputs please: Can I take up a position in India with an American Firm while on H1B?
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Aah_GC
06-13 06:39 PM
I have asked this question before and have called around 4 reps so far. Do I just leave a message or ask for the Congressman / woman? The receptionists are probably not even writing down the messages.
franklin
07-13 04:23 PM
BEst of luck to you all for the rally. Take lots of photos. Who is arranging video cameras,digital cameras from IV.
NJ member
There are multiple people bringing cameras and camcorders :)
NJ member
There are multiple people bringing cameras and camcorders :)
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inspectorfox
11-04 07:42 PM
Congrats...I see hope from your case.
My case still remains stuck in security check at USCIS TSC...395 days and counting :)
My case still remains stuck in security check at USCIS TSC...395 days and counting :)
more...
swapnajay
10-09 01:08 PM
Sorry to scare you in my previous reply....I did not read your question properly....
Since you are from a Non-Retrogressed Country, you may be eligible to apply for AOS. As you mentioned, you may apply I-140, I-485, I-131, and I-765 all together without any hassle. Make sure your attorney files all your applications with the right fee, since the fee structure has changed recently.
Sorry about my previous post though...
Good Luck!!
Since you are from a Non-Retrogressed Country, you may be eligible to apply for AOS. As you mentioned, you may apply I-140, I-485, I-131, and I-765 all together without any hassle. Make sure your attorney files all your applications with the right fee, since the fee structure has changed recently.
Sorry about my previous post though...
Good Luck!!
frostrated
06-25 01:17 PM
Here are the questions that I have:
1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.
2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.
I would like to know what various attorneys think about this
1. My view on pre-adjudication is that they processing is done on the application and is put in an approvable status. once the PD is current and the immigrant visa number is available, then such an application can be approved. but it has to be noted that these applications can be reviewed again before approving and can be denied at that time.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.
2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.
I would like to know what various attorneys think about this
1. My view on pre-adjudication is that they processing is done on the application and is put in an approvable status. once the PD is current and the immigrant visa number is available, then such an application can be approved. but it has to be noted that these applications can be reviewed again before approving and can be denied at that time.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
more...
sandy_anand
11-06 04:38 PM
I did not want to start a new thread for this. But I had earlier last month contacted many senators with the official I-485 pending inventory as proof and asking them whether it was humane, ethical and moral to ask someone wait more than 15 years for a green card! And what they are doing to remedy the situation.
This is the reply I received today from Sen. Frank Lautenberg. May be this is very standard format, I am not sure but it does mention specific bill and recapture provision.
In Response to Your Message
From: Senator Frank R. Lautenberg (senator@lautenberg.senate.gov)
Sent: Fri 11/06/09 1:00 PM
To:
1 attachment
0A953776.gif (2.8 KB)
Dear Mr. Mundada:
Thank you for contacting me about employment-based immigrant visas. I appreciate hearing from you on this issue.
Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.
A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total.
This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Please be assured that I will keep your views in mind should this or other relevant legislation come before the full Senate. Thank you again for contacting me.
Sincerely,
FRL: mts
Thanks for posting this information! Gave you green!:D
This is the reply I received today from Sen. Frank Lautenberg. May be this is very standard format, I am not sure but it does mention specific bill and recapture provision.
In Response to Your Message
From: Senator Frank R. Lautenberg (senator@lautenberg.senate.gov)
Sent: Fri 11/06/09 1:00 PM
To:
1 attachment
0A953776.gif (2.8 KB)
Dear Mr. Mundada:
Thank you for contacting me about employment-based immigrant visas. I appreciate hearing from you on this issue.
Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.
A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total.
This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Please be assured that I will keep your views in mind should this or other relevant legislation come before the full Senate. Thank you again for contacting me.
Sincerely,
FRL: mts
Thanks for posting this information! Gave you green!:D
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gxr
10-12 09:50 AM
Naresh/Libra,
What was the LUD on your I-140 before you got the RFE ?
In my case, the RD is 10/06 and LUD is 10/26/2006. But, no updates after that.
gxr
What was the LUD on your I-140 before you got the RFE ?
In my case, the RD is 10/06 and LUD is 10/26/2006. But, no updates after that.
gxr
more...
gc03
12-08 08:58 AM
Senator Judd Gregg (R-NH) 3rd-term Republican from New Hampshire.
Contact Information
Web Site: gregg.senate.gov
Washington Office:
393 Russell Senate Office Building
Washington, D.C. 20510-2904
Phone: (202) 224-3324
Fax: (202) 224-4952
Main District Office:
125 N. Main St.
Concord, NH 03301
Phone: (603) 225-7115
*************************
Senator John E. Sununu (R-NH) 1st-term Republican from New Hampshire.
Contact Information
Web Site: sununu.senate.gov
E-mail: mailbox@sununu.senate.gov
Washington Office:
111 Russell Senate Office Building
Washington, D.C. 20510-2903
Phone: (202) 224-2841
Fax: (202) 228-4131
Main District Office:
1589 Elm St., Ste. 3
Manchester, NH 03101
Phone: (603) 647-7500
Fax: (603) 647-9352
*************************
Representative Charles Bass (R-NH 2nd) 6th-term Republican from New Hampshire.
Contact Information
Web Site: www.house.gov/bass
E-mail: cbass@mail.house.gov
Washington Office:
2421 Rayburn House Office Building
Washington, D.C. 20515-2902
Phone: (202) 225-5206
Fax: (202) 225-2946
Main District Office:
142 N. Main St.
Concord, NH 03301
Phone: (603) 226-0249
Fax: (603) 226-0476
=========================
Just called all 3 senators and asked to Support the High-Skilled Immigrant Interim Relief Act of 2006
Very EASY.
Contact Information
Web Site: gregg.senate.gov
Washington Office:
393 Russell Senate Office Building
Washington, D.C. 20510-2904
Phone: (202) 224-3324
Fax: (202) 224-4952
Main District Office:
125 N. Main St.
Concord, NH 03301
Phone: (603) 225-7115
*************************
Senator John E. Sununu (R-NH) 1st-term Republican from New Hampshire.
Contact Information
Web Site: sununu.senate.gov
E-mail: mailbox@sununu.senate.gov
Washington Office:
111 Russell Senate Office Building
Washington, D.C. 20510-2903
Phone: (202) 224-2841
Fax: (202) 228-4131
Main District Office:
1589 Elm St., Ste. 3
Manchester, NH 03101
Phone: (603) 647-7500
Fax: (603) 647-9352
*************************
Representative Charles Bass (R-NH 2nd) 6th-term Republican from New Hampshire.
Contact Information
Web Site: www.house.gov/bass
E-mail: cbass@mail.house.gov
Washington Office:
2421 Rayburn House Office Building
Washington, D.C. 20515-2902
Phone: (202) 225-5206
Fax: (202) 225-2946
Main District Office:
142 N. Main St.
Concord, NH 03301
Phone: (603) 226-0249
Fax: (603) 226-0476
=========================
Just called all 3 senators and asked to Support the High-Skilled Immigrant Interim Relief Act of 2006
Very EASY.
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sabr
09-18 01:40 PM
my I-140 is pending for than 600 days as well in addition to my pending I-485.
while using EAD with my current GC applying employer(lets say not
getting paid as in this economy its hard to find corp to corp jobs), can I
work another job full time using EAD?
while using EAD with my current GC applying employer(lets say not
getting paid as in this economy its hard to find corp to corp jobs), can I
work another job full time using EAD?
more...
dilbert_cal
07-05 03:09 PM
Hello,
I am in desparate need of some advice. I have an approved I-140 (11/28/2006) and my 485 was filed under my wife's GC application in June 07. I would like to leave my current company A and join another company B asap. I have 3 days to accept the offer.
a. Is it possible for me to port my I-140 to company B?
b. If its possible will i be able to keep the PD?
I did some research on the AC21 act and it seems that its ok to move companies after 180 days of getting the EAD card. But I could not figure out if the I-140 could also be ported over to company B.
Thanks in advance.
If you have a copy of the approved 140, you can try to port your PD to the new company. To do this, you would need to file a new labor with Company B and then when you file your 140, you would be using the old approved 140 to port PD.
However, you mentioned that you have filed 485 as a secondary applicant. Your wife is the primary applicant. AC21 is applicable to primary applicant - i.e. your wife can only change her job after 180 days of filing 485 ( and not getting EAD ). You can change your job as many times as you want on your EAD ( but probably you havent received your EAD yet ).
To be on the safe side, it doesnt hurt to file a new labor and port your PD.
I am in desparate need of some advice. I have an approved I-140 (11/28/2006) and my 485 was filed under my wife's GC application in June 07. I would like to leave my current company A and join another company B asap. I have 3 days to accept the offer.
a. Is it possible for me to port my I-140 to company B?
b. If its possible will i be able to keep the PD?
I did some research on the AC21 act and it seems that its ok to move companies after 180 days of getting the EAD card. But I could not figure out if the I-140 could also be ported over to company B.
Thanks in advance.
If you have a copy of the approved 140, you can try to port your PD to the new company. To do this, you would need to file a new labor with Company B and then when you file your 140, you would be using the old approved 140 to port PD.
However, you mentioned that you have filed 485 as a secondary applicant. Your wife is the primary applicant. AC21 is applicable to primary applicant - i.e. your wife can only change her job after 180 days of filing 485 ( and not getting EAD ). You can change your job as many times as you want on your EAD ( but probably you havent received your EAD yet ).
To be on the safe side, it doesnt hurt to file a new labor and port your PD.
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PERM12
10-25 07:01 PM
Will USCIS release updated Pending I-485 numbers as published that they will do every quarter....
more...
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rockstart
05-19 03:40 PM
Its not 40,000 labor or 140's dude every GC is minimum 2 (applicant + spouse) in some cases if you add children then it can consume 3-4 visa's from the quota and that is what is making the line even more longer.
If I assume that every year EB3-India gets 5000 GC-Visa. From 2001 - 2008 Total = 40,000 EB3-India Visas
Is number of applications in 2001 and 2002 is > 40,000.
Its very hard to believe.
If I assume that every year EB3-India gets 5000 GC-Visa. From 2001 - 2008 Total = 40,000 EB3-India Visas
Is number of applications in 2001 and 2002 is > 40,000.
Its very hard to believe.
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r2i2009
09-22 05:01 PM
Well said guys.....I do not know why this thing hangs around me with me having EAD. EAD is just like GC with some restrictions. Why should I worry?
Keep running life as usual. Just think people at the back of you?
Keep running life as usual. Just think people at the back of you?
more...
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suren26
07-24 12:54 PM
My LAWYER is saying the same that i am leagal till FEB 2010(compelting 6 yrs). He is asking me to renew the H1B for 1 year based on I140 appeal. and apply for new LC & and I140 based on that and if it gets approved then rebew H1B for 3 yrs based in new approved I140.
But some threads are saying that if you I485 gets denied then you have to reinstate the H1B, Is that true?
But some threads are saying that if you I485 gets denied then you have to reinstate the H1B, Is that true?
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roseball
02-20 09:04 AM
I am starting my 10th year on H1 Visa, and thus my company has renewed a few times already. On one of those instances, through ignorance I suppose, my H1 was renewed but my dependents were not. There was an assumption, which I now understand to be wrong, that my renewal would cover my dependents as well. Since after that we have renewed for all of us successfully.
One of the dependents, the wife, traveled out of the country and re entered with a H4 Stamp, which I understand cures her status. My son, however has never done this. We all have I-485's pending and I am worried about what that means for him. I am thinking of travelling out of the country, like Canada, to get our visas stamped and re - enter on the H status.
Question is: Is there any risk in that? If we go to, say Toronto to get the visa renewal, is there any chance that they would deny him? We have the 797 approvals for all of us. The last thing I want is to get stuck outside the country. I have reason to believe we have been pre adjudicated, if this means anything, and it is possible that if I do nothing it would all work out. However, I do not want to take chances with my kid's future.
Any one have any insight? Would going to Canada and returning on H4 cure his status? And are there any risks to this strategy? Thanks for the insight.
Was your son's H4 status valid when you filed his I-485? If so, even though his H4 is not valid now, he will automatically be in legal status based on his pending I-485. So no need to go for stamping. However, if his H4 was not valid when you filed his I-485, then there is a risk of his I-485 getting denied. In which case, getting a H4 visa stamp and re-entering would clear his out-of-status issue. One more thing, when you applied for dependent H4s after realizing the mistake, were the approvals with attached I-94? If not, your son won't be in H4 status until he goes out of the country and re-enters after getting a H4 VISA stamp.
One of the dependents, the wife, traveled out of the country and re entered with a H4 Stamp, which I understand cures her status. My son, however has never done this. We all have I-485's pending and I am worried about what that means for him. I am thinking of travelling out of the country, like Canada, to get our visas stamped and re - enter on the H status.
Question is: Is there any risk in that? If we go to, say Toronto to get the visa renewal, is there any chance that they would deny him? We have the 797 approvals for all of us. The last thing I want is to get stuck outside the country. I have reason to believe we have been pre adjudicated, if this means anything, and it is possible that if I do nothing it would all work out. However, I do not want to take chances with my kid's future.
Any one have any insight? Would going to Canada and returning on H4 cure his status? And are there any risks to this strategy? Thanks for the insight.
Was your son's H4 status valid when you filed his I-485? If so, even though his H4 is not valid now, he will automatically be in legal status based on his pending I-485. So no need to go for stamping. However, if his H4 was not valid when you filed his I-485, then there is a risk of his I-485 getting denied. In which case, getting a H4 visa stamp and re-entering would clear his out-of-status issue. One more thing, when you applied for dependent H4s after realizing the mistake, were the approvals with attached I-94? If not, your son won't be in H4 status until he goes out of the country and re-enters after getting a H4 VISA stamp.
more...
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Mumbai_girl
12-02 11:22 AM
I would very much appreciate if I could get your input in the following situation.
I have plans to travel on 7th Dec but am still waiting for my AP. The AP was aproved on 6th Nov along with my spouse's AP on the same date. He got his AP (thru lawyer) about 10 days back, but I did not receive it. Chances look bleak that I will get AP before 4th Dec (by which date I need to cancel my tickets to get a refund). However, I have a I-797 which is valid till Mar 2008. I wanted to use that to get H1 stamping in India, but when I spoke to my Lawyer, I was told that I cannot do so beacuse the 797 is expiring in 3 months.
If you have a recent experience of getting H1 stamped with your I797 expiring in a few months please do reply.
I have plans to travel on 7th Dec but am still waiting for my AP. The AP was aproved on 6th Nov along with my spouse's AP on the same date. He got his AP (thru lawyer) about 10 days back, but I did not receive it. Chances look bleak that I will get AP before 4th Dec (by which date I need to cancel my tickets to get a refund). However, I have a I-797 which is valid till Mar 2008. I wanted to use that to get H1 stamping in India, but when I spoke to my Lawyer, I was told that I cannot do so beacuse the 797 is expiring in 3 months.
If you have a recent experience of getting H1 stamped with your I797 expiring in a few months please do reply.
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BharatPremi
03-17 02:35 PM
You cant just divide 500000 by 3. The numbers are not same for all categories.
Eb1-3 all are granted 28% and I am assuming there as equal number of applications in each category though it would not be the case in reality but I was just giving a crude math example.This 500000 load was from EB1/2/3 only.In reality it is more scary for EB2/3 India particular last july filing as most filings should have been from EB2/3- China and India considering the H1 arrivals from these 2 countries during the year 2003-7. And yet in that example I did not mirror USCIS's limits such as 7%, load from previous filing which is not yet clear. Bottom line EB2 with 2004 PD will have to see a long road before becoming current.
Eb1-3 all are granted 28% and I am assuming there as equal number of applications in each category though it would not be the case in reality but I was just giving a crude math example.This 500000 load was from EB1/2/3 only.In reality it is more scary for EB2/3 India particular last july filing as most filings should have been from EB2/3- China and India considering the H1 arrivals from these 2 countries during the year 2003-7. And yet in that example I did not mirror USCIS's limits such as 7%, load from previous filing which is not yet clear. Bottom line EB2 with 2004 PD will have to see a long road before becoming current.
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dollar500
04-10 06:23 PM
Moonlighting will be acceptable easily as long as it's on the code internist. Problem is some fellowships are so demanding that you wont be able to moonlight as an internist. If you can figure this out smoothly and yr employer agrees nothing is better. Good thought.
HI I am a physician (hospitalist) whose labor was under the catagory 'Internist' job code. The fellowship I am considering is open only to internist. I am also planning to moonlight as an internist while in fellowship. Would it be acceptable from the I485 point of view? Incidentally my I140 was approved more the 180 days ago.
HI I am a physician (hospitalist) whose labor was under the catagory 'Internist' job code. The fellowship I am considering is open only to internist. I am also planning to moonlight as an internist while in fellowship. Would it be acceptable from the I485 point of view? Incidentally my I140 was approved more the 180 days ago.
bigsky
10-17 06:43 PM
I received a letter from BEC and it says
This Notice of Findings is the Department�s statement of its intent to deny the application.
The following reasons were attached in the document:
1. - The job opportunity has been and is clearly open to any qualified U.S worker.
The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)
Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.
The employer may rebut this finding by:
Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.
2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750�s Parts A and B. your case file contains only one set of original ETA750�s. The other set of 750�s in the case file are photocopies. ETA 750�s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750�s.
A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.
It is the employer�s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.
I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.
Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?
This Notice of Findings is the Department�s statement of its intent to deny the application.
The following reasons were attached in the document:
1. - The job opportunity has been and is clearly open to any qualified U.S worker.
The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)
Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.
The employer may rebut this finding by:
Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.
2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750�s Parts A and B. your case file contains only one set of original ETA750�s. The other set of 750�s in the case file are photocopies. ETA 750�s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750�s.
A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.
It is the employer�s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.
I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.
Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?
pappu
02-16 02:20 PM
Hi,
Just saw this thread today. Hence, unfortunately missed the opportunity to attend yesterday's call. I would like to join into this effort.
Please let me know of the next time we plan to get together about this.
Thanks
get in touch with ivuser
Just saw this thread today. Hence, unfortunately missed the opportunity to attend yesterday's call. I would like to join into this effort.
Please let me know of the next time we plan to get together about this.
Thanks
get in touch with ivuser
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