rp1975
07-16 02:45 PM
This is a question for the attorny.
Dear Sir/Madam,
Firstly I would like to thank you for providing answer to our questions on this forum.
My current status:
PD March 2004
EB3 India
Approved 140
485 Pending (Applied July 2007)
Question:
1. Can I switch my EB category from EB3 to EB2, and maintain my original PD? If yes, what are the steps required if,
a. I continue to work for the same employer that filed my labor certification, assuming my collective experience qualifies for EB2
b. I invoke AC21 and take a new job which satisfies AC21 requirements, assuming the new job has the same duties but is a senior level position which also qualifies for EB2
Regards,
rp1975
Dear Sir/Madam,
Firstly I would like to thank you for providing answer to our questions on this forum.
My current status:
PD March 2004
EB3 India
Approved 140
485 Pending (Applied July 2007)
Question:
1. Can I switch my EB category from EB3 to EB2, and maintain my original PD? If yes, what are the steps required if,
a. I continue to work for the same employer that filed my labor certification, assuming my collective experience qualifies for EB2
b. I invoke AC21 and take a new job which satisfies AC21 requirements, assuming the new job has the same duties but is a senior level position which also qualifies for EB2
Regards,
rp1975
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eb3_nepa
10-23 03:39 PM
Now can the company SELL this Labor certification? Can another company BUY such a Certification? I have heard a lot on this site about LC substituion and how they are sold/bought at a premium. How does all that work. Is that even possible?
tikka
07-04 12:30 AM
do we just need to access it?
if this receives more than 100 users rating SOON - it would be displayed on the first page. Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.
Note that you ll have to signup as digg.com member to rate it - it ll just take 30 secs of your time.
thank you
if this receives more than 100 users rating SOON - it would be displayed on the first page. Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.
Note that you ll have to signup as digg.com member to rate it - it ll just take 30 secs of your time.
thank you
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newtoearth
05-02 05:28 PM
...
more...
PBECVictim
06-27 10:52 AM
If Dept of State finds by mid of the month all(not by country) EB3 or EB2 numbers consumed, then they may come back and say no more acceptance of particular category. But generally they don't want to do that for EB category applications, because it is difficult for them to evaluate, reason is some numbers from Family category will be transfered to EB categories.
It happened for EB2 India, in the month of July 2006 mid. All numbers for EB2 India were utilized before mid of July, but even then they didn't come back in the mid of the month. So they made it "U" in next bulletin.
Don't be panic...........
It happened for EB2 India, in the month of July 2006 mid. All numbers for EB2 India were utilized before mid of July, but even then they didn't come back in the mid of the month. So they made it "U" in next bulletin.
Don't be panic...........
rishimehta
09-12 05:25 PM
I worked for the company X for 5 Years . During this period My labor was approved in PERM in EB3 PD 05/15/2006. My I - 140 was alos approved Sep 2006 in EB3. I left the company X & started to work for another technology company Y. In July of 2007, I applied for the I-485 via Company X based on Future employment. I-485 is pending since July 2, 2007. Also applied for EAD & Advance parole which latter got approved. Meanwhile, I have an old labor pending with Company X which got approved with PD of Jan 23, 2003 in EB 2 Category. Company X applied for I-140 based In EB2 PD Jan 2003. This I -140 got approved in May 2008. Company X requested Interfiling with USCIS. Meanwhile I Changed jod & started working for company Z with H1B Transfer.
Here are my questions:
Can I revoke AC21 with my new company Z?
What happens if Company X closes before my I-485 is approved or an RFE is received.
What should I do to minimize risk in getting Green card. Note that Company X is not in a very Good financial position currently.
Your response is aapprciated.
Here are my questions:
Can I revoke AC21 with my new company Z?
What happens if Company X closes before my I-485 is approved or an RFE is received.
What should I do to minimize risk in getting Green card. Note that Company X is not in a very Good financial position currently.
Your response is aapprciated.
more...
newtoearth
05-02 09:11 AM
...
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amsgc
07-04 11:53 AM
Please post good reliable estimate of cost for applying with ALL possible break ups. I know the following only!
Cost of applying = application fee ($795 ??) + Lawyer fee + others (= medical + pictures + ...)
Also, which parts are lost if we have to re-apply!
Avg. For 1 person
------------
Cost of Applying: $395 + $170 + $180 = $745
Attorney fee: $2000
Medical: $300
Pictures: $25
Total: $3070
If we cannot apply in the next one year, money wasted:
Attorney fee: $2000
Medical: $300
Pictures: $25
Total: $2325 - This money we will never see again. Add to this misc. expenses incurred - gas, printing, phones, courrier. Next time we will have to spend this amount again, and more as costs go up with time.
Ofcourse for some misc. expenses ran into thousands so
Cost of applying = application fee ($795 ??) + Lawyer fee + others (= medical + pictures + ...)
Also, which parts are lost if we have to re-apply!
Avg. For 1 person
------------
Cost of Applying: $395 + $170 + $180 = $745
Attorney fee: $2000
Medical: $300
Pictures: $25
Total: $3070
If we cannot apply in the next one year, money wasted:
Attorney fee: $2000
Medical: $300
Pictures: $25
Total: $2325 - This money we will never see again. Add to this misc. expenses incurred - gas, printing, phones, courrier. Next time we will have to spend this amount again, and more as costs go up with time.
Ofcourse for some misc. expenses ran into thousands so
more...
aviv
07-25 05:30 AM
cal_dood & meekdesi
Which country do you guys belong to and why are you here?
Appreciate your honest and decent response. Thanks\\
Meek and Caldood, Please let us know your religion and state of orgin (e.g., Bihari, Bengali, UP bahiyaa, Malalyali) if you were born on Indian soil. It will help us better understand your viewpoints. India is a vast country and people usually their opinions based on where they come from and their life experiences.
Which country do you guys belong to and why are you here?
Appreciate your honest and decent response. Thanks\\
Meek and Caldood, Please let us know your religion and state of orgin (e.g., Bihari, Bengali, UP bahiyaa, Malalyali) if you were born on Indian soil. It will help us better understand your viewpoints. India is a vast country and people usually their opinions based on where they come from and their life experiences.
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snathan
03-27 12:01 PM
You really think so?? The next PMs name is not even on your poll lists!!
India and Russia have set examples to the rest of the world. How? well...
Russia- by showing how communism can be at its worst
India- by happily showing how democracy can be at its... you guessed it, "worst"
Dont agree?? True Democracy, implies "for the people and by the people", right?
well in India its a tiny bit different...."For the thugs and by the thugs" Now the word thugs vary in meaning depending upon the citizen affected... for some it might simply mean "currupt" for others "looters", for some others "dishonest" and for a unfortunate majority it goes to the extent of "murderers".
Now.....still interested in wasting time with the projections for Indian PM??
Couldn't be better....nothing is going to change. World would be a better place without these thugs. Waste of time.
In my point the alliance in India - political porstitutes.
Third Front - alliance of junkies...
India and Russia have set examples to the rest of the world. How? well...
Russia- by showing how communism can be at its worst
India- by happily showing how democracy can be at its... you guessed it, "worst"
Dont agree?? True Democracy, implies "for the people and by the people", right?
well in India its a tiny bit different...."For the thugs and by the thugs" Now the word thugs vary in meaning depending upon the citizen affected... for some it might simply mean "currupt" for others "looters", for some others "dishonest" and for a unfortunate majority it goes to the extent of "murderers".
Now.....still interested in wasting time with the projections for Indian PM??
Couldn't be better....nothing is going to change. World would be a better place without these thugs. Waste of time.
In my point the alliance in India - political porstitutes.
Third Front - alliance of junkies...
more...
ksvreg
09-24 12:08 PM
Good Question though!
Worried that the data provided is inaccurate. If they provide accurate data (+/- 10%), follow the rules, then we can wait for our dates to turn in for years. But they always do math differently than any one else and move the visa bulletin dates which no one can understand how that was calculated.
Worried that the data provided is inaccurate. If they provide accurate data (+/- 10%), follow the rules, then we can wait for our dates to turn in for years. But they always do math differently than any one else and move the visa bulletin dates which no one can understand how that was calculated.
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dilipcr
06-12 03:53 AM
dilipcr,
Don't tell us you are trying to save america for americans ( now that you are going to be a citizen)
Nope I am not. I am suggesting that first let the deserving get the GCs and not waste time fighting for all
You are just trying to close the door behind you.
Nope. I want the deserving people to come in. My criterion for a deserving guy is that the person works directly for a company. If you believe my criterion is flawed then call it out. Dont go about saying that I have selfish motives. wage destruction not just affects me but also the future IV GC holders and citizens. So whats wrong in my calling it out ?
You think Grassley bill is good for everyone. Yeah sure it is good for you !
Yes everyone in America for sure and it includes the current H1bs and prospective GC holders
You have begun to think like loosers guild( aka programmers guild)
If by saying that the deserving should get the first opportunity to get in, I belong to the losers guild, then I salute your critical reasoning
You claim the fittest will survive and you don't need any luck to survive. However you had your round of layoffs too. That is a fact of american job market. Luck does play a lot in people's lives especially here in US. I have heard of an IBM engineer who was laid off during 2001 recession. He had 2 patents under his belt. So nobody is immune to luck factor.
There you go. No wonder I still come across the favorite Indian past time of attributing everything to luck. Yes I had my share of layoffs. Why isnt it viewed from a point of view of my tenacity of survive, hang on and push harder ? Why should it be luck that aided me ? So you want to twiddle your thumb hoping that luck would take you through this journey ? Why not take some action ? If I had sat in a corner weeping and blaming luck for my 3 layoffs in 1 year, i would not have been whatever I am today.
Now that you have become a GC holder and soon going to be a citizen, you are so much worried about the wage levels and and L1 visas. You are ok with H1Bs because you were on H1B earlier in your life.
Yes I was a H1B to start with. But I did not represent an outsourcing company or a body shopping company. I was hired by a top notch company named MSFT. Ever heard of the spell check and grammar check algorithm in MS Word ? I had put in my 2 humble cents in developing an algorithm for MS Word 97 product then.
Did you ever worry about depressing citizen's wages when you were on H1B ?
You still think that I joined MSFT then after depressing a citizen's wage.
It is one thing to be so self centered, another to say it aloud on a prospective immigrant's forum like IV.
If my self interest would serve a great good for the deserving what is wrong in that ?
BTW america is the best place to do business. If you feel threatened by more work force entering USA, become an entrepreneur like Vivek Wadhwa, not a loser like Ron Hira.
Aren't we Indians a bunch of crabs !
Dude, Read Vivek Wadhwas findings carefully. He wants the best and the brightest to be provided unlimited visas. I agree with him completely. He is not for perpetual fraud and wage destruction as proferred by the outsourcing companies. Next time when you quote a defence, atleast quote something that supports your case not the opponent's :-)
Don't tell us you are trying to save america for americans ( now that you are going to be a citizen)
Nope I am not. I am suggesting that first let the deserving get the GCs and not waste time fighting for all
You are just trying to close the door behind you.
Nope. I want the deserving people to come in. My criterion for a deserving guy is that the person works directly for a company. If you believe my criterion is flawed then call it out. Dont go about saying that I have selfish motives. wage destruction not just affects me but also the future IV GC holders and citizens. So whats wrong in my calling it out ?
You think Grassley bill is good for everyone. Yeah sure it is good for you !
Yes everyone in America for sure and it includes the current H1bs and prospective GC holders
You have begun to think like loosers guild( aka programmers guild)
If by saying that the deserving should get the first opportunity to get in, I belong to the losers guild, then I salute your critical reasoning
You claim the fittest will survive and you don't need any luck to survive. However you had your round of layoffs too. That is a fact of american job market. Luck does play a lot in people's lives especially here in US. I have heard of an IBM engineer who was laid off during 2001 recession. He had 2 patents under his belt. So nobody is immune to luck factor.
There you go. No wonder I still come across the favorite Indian past time of attributing everything to luck. Yes I had my share of layoffs. Why isnt it viewed from a point of view of my tenacity of survive, hang on and push harder ? Why should it be luck that aided me ? So you want to twiddle your thumb hoping that luck would take you through this journey ? Why not take some action ? If I had sat in a corner weeping and blaming luck for my 3 layoffs in 1 year, i would not have been whatever I am today.
Now that you have become a GC holder and soon going to be a citizen, you are so much worried about the wage levels and and L1 visas. You are ok with H1Bs because you were on H1B earlier in your life.
Yes I was a H1B to start with. But I did not represent an outsourcing company or a body shopping company. I was hired by a top notch company named MSFT. Ever heard of the spell check and grammar check algorithm in MS Word ? I had put in my 2 humble cents in developing an algorithm for MS Word 97 product then.
Did you ever worry about depressing citizen's wages when you were on H1B ?
You still think that I joined MSFT then after depressing a citizen's wage.
It is one thing to be so self centered, another to say it aloud on a prospective immigrant's forum like IV.
If my self interest would serve a great good for the deserving what is wrong in that ?
BTW america is the best place to do business. If you feel threatened by more work force entering USA, become an entrepreneur like Vivek Wadhwa, not a loser like Ron Hira.
Aren't we Indians a bunch of crabs !
Dude, Read Vivek Wadhwas findings carefully. He wants the best and the brightest to be provided unlimited visas. I agree with him completely. He is not for perpetual fraud and wage destruction as proferred by the outsourcing companies. Next time when you quote a defence, atleast quote something that supports your case not the opponent's :-)
more...
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sk2006
08-16 12:13 PM
To all the wannabe americans and GC aspirants, dont forget where you came from. You are nothing but 21st century cheap labor. Just do the right thing!
So what has that to do with supporting SRK here?
He is saying he is hurt and he even said there were fans calling him and still the officers did not understand he is SharRukh Khan. Now that is funny.
That sounds like if some xyz is detained and people start calling him by his name POE officers should understand who he is!
So what has that to do with supporting SRK here?
He is saying he is hurt and he even said there were fans calling him and still the officers did not understand he is SharRukh Khan. Now that is funny.
That sounds like if some xyz is detained and people start calling him by his name POE officers should understand who he is!
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sachug22
09-15 03:25 PM
Hi ocpmachine,
But in 2008 and 2009 EB2 India got the maximum share of the spill over visas. But still the dates are in the first month of 2005. So hardly EB2 India moved forward about 6 months to 9 months in the duration of 2008 and 2009 with the help of spill overs. That too in this bad economy where there would be comparatively less labors applied than the previous years.
vdlrao,
I agree the forward movement will be slow, and i am expecting it to go pass PD of 2005 in 2010 fiscal year. In 2009 CIS has many EB2-ROW application pending, and they have processed most of them by now(in 2009). So for 2010, unless they see flood of new applications (from EB2 ROW) we will see EB2-India pass 2005 PD in 2010.
But in 2008 and 2009 EB2 India got the maximum share of the spill over visas. But still the dates are in the first month of 2005. So hardly EB2 India moved forward about 6 months to 9 months in the duration of 2008 and 2009 with the help of spill overs. That too in this bad economy where there would be comparatively less labors applied than the previous years.
vdlrao,
I agree the forward movement will be slow, and i am expecting it to go pass PD of 2005 in 2010 fiscal year. In 2009 CIS has many EB2-ROW application pending, and they have processed most of them by now(in 2009). So for 2010, unless they see flood of new applications (from EB2 ROW) we will see EB2-India pass 2005 PD in 2010.
more...
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snathan
01-16 12:53 PM
One truth: Indian employers mistreat their employees. But this is
You have a choice: Don't join them. It doesn't require a USCIS memo.
USCIS and scumbags (Hira, Matloff, ...) have absolutely no interest in the welfare of these affected H-1Bs. Their motivation is 100% sadistic.
>>> Sure so tell the truth to USCIS and tell them that we join them knowing very well what they do but you have no problem with that and hence USCIS should not bother us. What is issue here then ?
We believe we are targetted unfairly and we are looking what can be done legally. If you are not interested, please ignore this thread or gladly go back to india. DONT DEVIATE FROM TEH SUBJECT. No one is looking here for your advise....please dont bother to ignore us and waste our time. No one is stopping you to go India Please get lost.:mad:
You have a choice: Don't join them. It doesn't require a USCIS memo.
USCIS and scumbags (Hira, Matloff, ...) have absolutely no interest in the welfare of these affected H-1Bs. Their motivation is 100% sadistic.
>>> Sure so tell the truth to USCIS and tell them that we join them knowing very well what they do but you have no problem with that and hence USCIS should not bother us. What is issue here then ?
We believe we are targetted unfairly and we are looking what can be done legally. If you are not interested, please ignore this thread or gladly go back to india. DONT DEVIATE FROM TEH SUBJECT. No one is looking here for your advise....please dont bother to ignore us and waste our time. No one is stopping you to go India Please get lost.:mad:
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prinive
02-12 01:16 PM
I dont think so....:o If that happens, I will send you a bag of sugar to you... :rolleyes:
September 2001 will be current next month for sure ...
September 2001 will be current next month for sure ...
more...
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ak_2006
01-25 12:25 PM
H-1B visa-holders being deported from port of landing! : Rediff.com Business (http://business.rediff.com/slide-show/2010/jan/25/slide-show-1-h-1b-visa-holders-being-deported-from-port-of-landing.htm)
It is also refers to Aman Kapoor and Immigration Voice. The article mentions the deported officer name too.
It is also refers to Aman Kapoor and Immigration Voice. The article mentions the deported officer name too.
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thomachan72
08-19 08:19 AM
I'm not from India, so you know how non-Indian will look at this issue.
First of all, thanks to IV for helping our cause.
Same as vinzen, that I usually just browse through this kinda topic, but I can't help to reply.
Have several question:
1. How many non-Indian in USA that watch bollywood movie? So, what makes him a high profile in the eyes of Immigration officer (IO)? Do we need to educate all IO to recoqnize all the actors in India, Pakistan, China, Japan, Korea and all others?
I personally never heard of this SRK guy before reading this thread. So how would you guys expect the immigration officer, who's mostlikely non-Indian, would know this guy? I agree with Pappu that says "He is a famous actor to a very very small minority Indian Community in USA".
2. Looking at how he make big deal of this in media. He probably cause this delay by himself. I can imagine the conversation at the immigration office as (copying all the answer from Ryan's earlier comment on what he's asked for when he came here):
IO: Why are you visiting US?
SRK: Do you know that I'm SRK?
IO: Who do you work for?
SRK: I'm SRK, now let me pass.
IO: Where will you live in US?
SRK: I'm SRK
IO: How long have you been in US?
SRK: I'm SRK
IO: Do you have family here?
SRK: I'm SRK
And it goes on and on for 66 mins or 2 hrs until he finally realize that he's a nobody in US.
This is the kinda thread that non-Indian will laugh at. There's lots of non-Indian that goes to this public forum (such as me). Just trying to help IV to not lose credential just because of this sorts of "indian" exclusive thread.
My friend this is the greatest post ever. A real eye opener. But remember that it is through threads like these that you get to see the "real" Indian ideals. I am very sad to say that most of us Indians are screwed up with this idol worship. The conversation between SRK and IO that you put out is exactly true. I know a friend of mine who was waiting in line for the visa interview and ofcourse he is a megalomaniac (world revolves around him). He saw (or imagined) the visa officer talking tough to a women who apparently did not understand english right in front of him and decided he has to be the mesiah (savior). He jumped in and tried to save the women. Ultimately he was denied the visa and ofcourse he later met the women outside who was smiling because she had been granted one. that is why your conversation makes very good sense here. "I am SRK":D:D:D
First of all, thanks to IV for helping our cause.
Same as vinzen, that I usually just browse through this kinda topic, but I can't help to reply.
Have several question:
1. How many non-Indian in USA that watch bollywood movie? So, what makes him a high profile in the eyes of Immigration officer (IO)? Do we need to educate all IO to recoqnize all the actors in India, Pakistan, China, Japan, Korea and all others?
I personally never heard of this SRK guy before reading this thread. So how would you guys expect the immigration officer, who's mostlikely non-Indian, would know this guy? I agree with Pappu that says "He is a famous actor to a very very small minority Indian Community in USA".
2. Looking at how he make big deal of this in media. He probably cause this delay by himself. I can imagine the conversation at the immigration office as (copying all the answer from Ryan's earlier comment on what he's asked for when he came here):
IO: Why are you visiting US?
SRK: Do you know that I'm SRK?
IO: Who do you work for?
SRK: I'm SRK, now let me pass.
IO: Where will you live in US?
SRK: I'm SRK
IO: How long have you been in US?
SRK: I'm SRK
IO: Do you have family here?
SRK: I'm SRK
And it goes on and on for 66 mins or 2 hrs until he finally realize that he's a nobody in US.
This is the kinda thread that non-Indian will laugh at. There's lots of non-Indian that goes to this public forum (such as me). Just trying to help IV to not lose credential just because of this sorts of "indian" exclusive thread.
My friend this is the greatest post ever. A real eye opener. But remember that it is through threads like these that you get to see the "real" Indian ideals. I am very sad to say that most of us Indians are screwed up with this idol worship. The conversation between SRK and IO that you put out is exactly true. I know a friend of mine who was waiting in line for the visa interview and ofcourse he is a megalomaniac (world revolves around him). He saw (or imagined) the visa officer talking tough to a women who apparently did not understand english right in front of him and decided he has to be the mesiah (savior). He jumped in and tried to save the women. Ultimately he was denied the visa and ofcourse he later met the women outside who was smiling because she had been granted one. that is why your conversation makes very good sense here. "I am SRK":D:D:D
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Caliber
09-23 08:46 AM
As completely unrelated these two issues are (from a law maker's perspective) on a normal day, these are possibly those times when each of these issues can help the other.
END OF CONTENT
Nixstor: I know how responsible person you are. You must have given lot of thought to this. Even if 20-30% people buy house, that reduces the no of applicants waiting for GC which will make it faster for the people that do not want to buy now for various reasons.
I fully support this idea. Thanks for bringing such good and justified proposal.
END OF CONTENT
Nixstor: I know how responsible person you are. You must have given lot of thought to this. Even if 20-30% people buy house, that reduces the no of applicants waiting for GC which will make it faster for the people that do not want to buy now for various reasons.
I fully support this idea. Thanks for bringing such good and justified proposal.
Macaca
06-26 09:39 PM
I think they will retrogress after using next year's quota that opens up in Oct (??).
They want to collect all applications since workload estimation is a huge problem with USCIS, DOL, FBI, ...
They want to collect all applications since workload estimation is a huge problem with USCIS, DOL, FBI, ...
Rajkrish9
09-18 10:12 AM
Hi,
This is regarding switching job from one role to different role
Currently I am working for an Employer A in consulting position ie., Senior Developer Role. Current Project is ending in Dec'2008
Now I am planning to move to a different role of Management (Project Manager) to Employer B.
what would be the better way of doing for the above said role.
My current H1B is expiring on Nov'2008 (Six year term). I have to ask my employer to do the extn. But the employer doing is very minimal.
I have applied EAD in Aug'2008. - I am not sure when this will arrive.
Now I am into the state of More confusion. I couldn't able to do anything as far as in terms of career path.
Would like to enlighten some thoughts on this situation and Thanks in Advance.
Regards,
Raj.
This is regarding switching job from one role to different role
Currently I am working for an Employer A in consulting position ie., Senior Developer Role. Current Project is ending in Dec'2008
Now I am planning to move to a different role of Management (Project Manager) to Employer B.
what would be the better way of doing for the above said role.
My current H1B is expiring on Nov'2008 (Six year term). I have to ask my employer to do the extn. But the employer doing is very minimal.
I have applied EAD in Aug'2008. - I am not sure when this will arrive.
Now I am into the state of More confusion. I couldn't able to do anything as far as in terms of career path.
Would like to enlighten some thoughts on this situation and Thanks in Advance.
Regards,
Raj.
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