ashres11
08-27 01:29 PM
If you take your I140 approval to NJ DMV, They will get you driving license renewed. Not sure about timing. But one of my friends got 3 years license on based of I-140 approval.
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arc
07-19 01:35 PM
EB3 Fedex : July 02 - 7.55 AM NSC : PD-9/06
indiandude
10-19 03:55 PM
Hi,
Is it possible to apply for both PIO and Indian visa simultaneously. My problem is that my son born in US has to go to India in 60days. If I apply for PIO and if it will not come in 4 weeks is it possible to apply for Indian visa and then go to India on Indian visa ?
Thanks !
Is it possible to apply for both PIO and Indian visa simultaneously. My problem is that my son born in US has to go to India in 60days. If I apply for PIO and if it will not come in 4 weeks is it possible to apply for Indian visa and then go to India on Indian visa ?
Thanks !
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HRPRO
02-23 04:17 PM
My question involves employment and labor law for the state of: CA
I have worked with a company on h1b from 1st jul to 12 nov in 2007 on h1b visa. They did not pay me for last 45 working days. My employer is telling about the following clause in in my offer letter:
SALARY: You will be paid an amount equal to a 70% basis of your bill rate based on the understanding that you will work with us for a period of at least one year. If you leave Company before completing 1 year of employment your compensation will be adjusted to a $55,000 per year basis and the excess amount paid to you will be deducted from the last two months of your salary.
Please let me know whether this is legal to have this kinda clause in offer letter. Is there any way to get my salary?
Thanks much!
anancish
CA Law very clearly states all employee dues including vacation payouts will have to be cleared within 72 hours of the employees last day. Unless you have signed any agreement to withhold your salary, your employer has no right to withhold the amount.
Even if you signed such an agreement and they withheld a penny more, feel free to call the DoL and your ex-employer will become an ex-employer
I have worked with a company on h1b from 1st jul to 12 nov in 2007 on h1b visa. They did not pay me for last 45 working days. My employer is telling about the following clause in in my offer letter:
SALARY: You will be paid an amount equal to a 70% basis of your bill rate based on the understanding that you will work with us for a period of at least one year. If you leave Company before completing 1 year of employment your compensation will be adjusted to a $55,000 per year basis and the excess amount paid to you will be deducted from the last two months of your salary.
Please let me know whether this is legal to have this kinda clause in offer letter. Is there any way to get my salary?
Thanks much!
anancish
CA Law very clearly states all employee dues including vacation payouts will have to be cleared within 72 hours of the employees last day. Unless you have signed any agreement to withhold your salary, your employer has no right to withhold the amount.
Even if you signed such an agreement and they withheld a penny more, feel free to call the DoL and your ex-employer will become an ex-employer
more...
gc_on_demand
07-30 04:58 PM
Hello there ,
From now onwards visa dates will be stable. I mean little or big but most of time forward jump .. Not a big swing that we saw for couple of years.
What bothers me is SPILL OVER. CIS told that EB2 India and China is under their annual limit.EB2 ROW has very less labor compare to last years. For first quarter they had approx 700 LC. if you apply same math then 2800 ~ 3000 LC and 7500 visa needed for all EB2 Row.
Total EB2 has 40k. India and china consume 6k together. Now there should be SPILL of 24k visas to Eb2 India and china.
I am not talking about EB1 Spill ( Which is current till date ) . VO told that EB4 will have cutoff date for Still there can be spill from Eb5.
If no SPILL THEN DATE WILL NOT MOVE SINGLE DAY IN SEP. IF SPILL FROM EB2 only then it will move till MID 2004 . and If more spill then I see we will crossing 2004.
From now onwards visa dates will be stable. I mean little or big but most of time forward jump .. Not a big swing that we saw for couple of years.
What bothers me is SPILL OVER. CIS told that EB2 India and China is under their annual limit.EB2 ROW has very less labor compare to last years. For first quarter they had approx 700 LC. if you apply same math then 2800 ~ 3000 LC and 7500 visa needed for all EB2 Row.
Total EB2 has 40k. India and china consume 6k together. Now there should be SPILL of 24k visas to Eb2 India and china.
I am not talking about EB1 Spill ( Which is current till date ) . VO told that EB4 will have cutoff date for Still there can be spill from Eb5.
If no SPILL THEN DATE WILL NOT MOVE SINGLE DAY IN SEP. IF SPILL FROM EB2 only then it will move till MID 2004 . and If more spill then I see we will crossing 2004.
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unitednations
08-16 12:04 AM
Thank you for all your input. Again, I got my GC on the first week of July and my wife was applied for 485 last July 30. Whether to leave my present employer or not has become a big question as my employer has decided to transfer me to another location in less than a month's notice which showed lack of consideration to the welfare of their employees as they're not only doing this to one person but a lot others too.
My greatest concern now is if leaving my employer would have an implication on my wife's pending AOS.
Thank you for all the pieces of advice you're giving.
I do know recently where a person who got married before his greencard approval and filed his wife's case. He got approved but then three months after his approval; his wife has been sent to local office interview. I'll let you know what the outcome of that will be.
Another person was on F-1 and went straight to greencard through Schedule A. he got married after he filed for 485. Since he didn't have any non immigrant status; he could not bring his wife here. She had to do follow to join and chennai consulate asked all sorts of questions. Tax returns, w2's, letter from employer; when he joined and when he left.
Think of it this way; were you travelling before greencard with same employer? If you were then what would have changed that all of a sudden you don't like it. It would be a more plausible excuse if you didn't travel at all before and they started to make you do it after greencard approval.
My greatest concern now is if leaving my employer would have an implication on my wife's pending AOS.
Thank you for all the pieces of advice you're giving.
I do know recently where a person who got married before his greencard approval and filed his wife's case. He got approved but then three months after his approval; his wife has been sent to local office interview. I'll let you know what the outcome of that will be.
Another person was on F-1 and went straight to greencard through Schedule A. he got married after he filed for 485. Since he didn't have any non immigrant status; he could not bring his wife here. She had to do follow to join and chennai consulate asked all sorts of questions. Tax returns, w2's, letter from employer; when he joined and when he left.
Think of it this way; were you travelling before greencard with same employer? If you were then what would have changed that all of a sudden you don't like it. It would be a more plausible excuse if you didn't travel at all before and they started to make you do it after greencard approval.
more...
njdude26
07-21 02:56 PM
In my case im here working for a canadian company with offices both in US and Canada. So Im moving to Canada in Oct to maintain my PR card. But you may ask why I need to maintain it and just not continue here filing 1 year h1s !!
costs 3k+ for the company every year !
also you never know when the rules here will change and i will get a gc or the rules may change in such a way that i will never get a gc.. so if i atleast have a canadian PR card and then may be become a canadian citizen i can come back here and work on a TN visa or whatever...
and also for now i will be maintaining my H1 atleats for another 1 1/2 years by getting paid here in the US. I will use my friends address here as my address and i will be telecommuting from Canada. i know i will have to pay US taxes + canadian taxes (additional). Anyone else doing this ?
Big reason im staying in North America is Health reasons...
costs 3k+ for the company every year !
also you never know when the rules here will change and i will get a gc or the rules may change in such a way that i will never get a gc.. so if i atleast have a canadian PR card and then may be become a canadian citizen i can come back here and work on a TN visa or whatever...
and also for now i will be maintaining my H1 atleats for another 1 1/2 years by getting paid here in the US. I will use my friends address here as my address and i will be telecommuting from Canada. i know i will have to pay US taxes + canadian taxes (additional). Anyone else doing this ?
Big reason im staying in North America is Health reasons...
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BMWX5
03-18 07:54 PM
Did you or someone you know experience such questions at POE for an advanced parole? Or are you just posing a hypothetical?
I have recently re-entered on AP and not a single question was asked. Not only that, I was not fingerprinted or photographed at the counter like a visa holder would be. I was taken to the back office where an agent entered information from my AP into the computer, stamped the AP and gave it back to me. No questions asked. Period. This was at the JFK airport in NY.
Parole is meant to grant entry to resume adjustment of status. Parole is not subject to employment, it is subject to a pending I-485.
If this is a hypothetical from you, then please shake these imaginations and live in peace and enjoy EAD and AP.
Too much thinking and too much analysis has caused this community to revert back to H1 lifestyle and they are not using EAD and AP - ONE OF THE MAIN REASONS why we were all so happy due to 485 filing.
What is the point of having an early 485 filed, if you are not going to use EAD and AP and be at mercy of consulates for restamping and be at mercy of employers who will need to sponsor you to hire you?
Logiclife,
Your message and signature says that you are still waiting for GC.
I was told that you got ur GC and left IV as orphan.
For some reason, I believed that and I'm kind of lost hope on the community.
This is not only my believe and whoever I knew they have the same feeling.
Hmm, something wrong, somehow we are trapped.
I have recently re-entered on AP and not a single question was asked. Not only that, I was not fingerprinted or photographed at the counter like a visa holder would be. I was taken to the back office where an agent entered information from my AP into the computer, stamped the AP and gave it back to me. No questions asked. Period. This was at the JFK airport in NY.
Parole is meant to grant entry to resume adjustment of status. Parole is not subject to employment, it is subject to a pending I-485.
If this is a hypothetical from you, then please shake these imaginations and live in peace and enjoy EAD and AP.
Too much thinking and too much analysis has caused this community to revert back to H1 lifestyle and they are not using EAD and AP - ONE OF THE MAIN REASONS why we were all so happy due to 485 filing.
What is the point of having an early 485 filed, if you are not going to use EAD and AP and be at mercy of consulates for restamping and be at mercy of employers who will need to sponsor you to hire you?
Logiclife,
Your message and signature says that you are still waiting for GC.
I was told that you got ur GC and left IV as orphan.
For some reason, I believed that and I'm kind of lost hope on the community.
This is not only my believe and whoever I knew they have the same feeling.
Hmm, something wrong, somehow we are trapped.
more...
ksvreg
08-10 07:21 PM
Last call...any more preditions? Magic figures will arrive soon. I guess, no predictions worked well in the past. I vote for predictions as well as Magic figures. :)
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varmapenmatsa
09-18 12:00 PM
Way back in virginia I was arrested for shoplifting. I pleaded guilty and served out my punishment. I was ordered some hours of community service. After that I have traveled to india multiple times with no issues. So you should be all right.
Varma Penmatsa
Varma Penmatsa
more...
ronitm
06-28 12:32 PM
It would be great to have premium processing for 485s instead now that visa nos are available. Now now ... i know thats wishful thinking but think about it-could save a lot of time and money over EAD/AP/FP renewals. But then again hurts their income stream thats why they wont do it :((
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senthil1
05-28 06:39 PM
They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first.
I had similar experience in one of my previous consulting companies when I was in bench. Also I was asked to conduct this kind of interview in Week ends. I did reluctantly and I knew the feelings of those persons who were interviewed. I think many Indian companies are doing those mainly for green card processing.
H1b is not needed for certain kind of jobs like QA, repeated works and minor programming works(Many jobs are like that). I can very well say that atleast 50% of high tech jobs can be very well done by American citizens. This fact is known by Indian companies also. In my project most of them are American citizens and their skills for far better than many H1b persons.
In one financial company in Bay Area CA they laid of 200 persons and they gave the project to Indian Company in 2006 in which 30% are here(h1b and L1) and remaining in India(offshore). They could have kept 30% of their employees and remaining they could have outsourced. But Company wanted cost savings also. These kind of incidents will increase hate for H1b program
Hi,
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
I had similar experience in one of my previous consulting companies when I was in bench. Also I was asked to conduct this kind of interview in Week ends. I did reluctantly and I knew the feelings of those persons who were interviewed. I think many Indian companies are doing those mainly for green card processing.
H1b is not needed for certain kind of jobs like QA, repeated works and minor programming works(Many jobs are like that). I can very well say that atleast 50% of high tech jobs can be very well done by American citizens. This fact is known by Indian companies also. In my project most of them are American citizens and their skills for far better than many H1b persons.
In one financial company in Bay Area CA they laid of 200 persons and they gave the project to Indian Company in 2006 in which 30% are here(h1b and L1) and remaining in India(offshore). They could have kept 30% of their employees and remaining they could have outsourced. But Company wanted cost savings also. These kind of incidents will increase hate for H1b program
Hi,
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
more...
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laborpains
08-05 02:24 PM
Ur ID is funny. Maybe the news that ur app is preadjudicated eases ur "laborpains"
No, It really isn't funny, my NY labor took 4 yrs!!
No, It really isn't funny, my NY labor took 4 yrs!!
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lazycis
12-06 06:39 PM
Is it possible to do so ? Can we apply for 2nd EAD application even without first one, and having got the receipt notice for first one ? If yes then this is a good solution, but then who knows how long the 2nd one will take to be approved, making it a worthless effort.
It is possible, but what's the point? It will have later receipt date. It is better to file a lawsuit to force the USCIS to issue EAD. It will cost only $350 :)
It is possible, but what's the point? It will have later receipt date. It is better to file a lawsuit to force the USCIS to issue EAD. It will cost only $350 :)
more...
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chanduv23
10-11 09:44 AM
So many "I will try and keep you posted". So what is the story here? R u all making it or not?
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crazyghoda
01-14 08:47 PM
I agree, you will be competing with all the illegals. But.....
1. How likely are they to file their apps on the first allowable day that USCIS will accept the applications? Not very. Most of us know what's going on and will be ready to send in our apps first. Ofcourse if some EB based guy is pottering around instead of moving fast, thats his problem.
2. How many illegals can afford the high priced attorneys? Most of these poor guys dont know to speak, read or write english, forget about filing out USCIS forms.
3. How many illegals maintain perfect records of their time and can recreate a paper trail of the time they spent in the US. I certainly can and most legal wannabe immigrants can definitely prove the time they have been here (paystubs, utility bills, credit card statements, bank statements, etc.)
The point I am making is - this is the best option I have seen in a long time. Even the stupid point based system had its drawbacks. This is unconditional. It will get vast support from the hispanic community also. The UK has the same thing. Be on a work permit for 5 years and then you are eligible to apply for Permanent Residency. I believe there is also some clause in the UK system that states that you have to have been in the UK illegally for 10 years as against 5 years for a legal immigrant. I'm sure setting the illegal bar at 10 years and legal bar at 5 would be acceptable for most people.
If we reapply under this section, we will be competing with the massive illegal-to-AOS guys based on our Receipt date for adjudication.
1. How likely are they to file their apps on the first allowable day that USCIS will accept the applications? Not very. Most of us know what's going on and will be ready to send in our apps first. Ofcourse if some EB based guy is pottering around instead of moving fast, thats his problem.
2. How many illegals can afford the high priced attorneys? Most of these poor guys dont know to speak, read or write english, forget about filing out USCIS forms.
3. How many illegals maintain perfect records of their time and can recreate a paper trail of the time they spent in the US. I certainly can and most legal wannabe immigrants can definitely prove the time they have been here (paystubs, utility bills, credit card statements, bank statements, etc.)
The point I am making is - this is the best option I have seen in a long time. Even the stupid point based system had its drawbacks. This is unconditional. It will get vast support from the hispanic community also. The UK has the same thing. Be on a work permit for 5 years and then you are eligible to apply for Permanent Residency. I believe there is also some clause in the UK system that states that you have to have been in the UK illegally for 10 years as against 5 years for a legal immigrant. I'm sure setting the illegal bar at 10 years and legal bar at 5 would be acceptable for most people.
If we reapply under this section, we will be competing with the massive illegal-to-AOS guys based on our Receipt date for adjudication.
more...
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BharatPremi
11-08 12:32 PM
BharatPremi is my "IV person of the Day" - I see a lot of energy in his posts, and yes yabadaba, everyone must loosen up a bit, and look at the positive in every message.
BharatPremi's response was also appropriate and was a stronger version of our responses :)
Thanks.
BharatPremi's response was also appropriate and was a stronger version of our responses :)
Thanks.
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sdudeja
02-06 07:03 AM
Sorry to hear that. I am just making a point that my attorney told me that if you are on EAD with AC 21 and your 485 is denied for some reason then you are out of status that made me change my mind from using AC21.
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pappu
01-21 08:27 PM
FY EB1 EB2 EB3
2003 1,266 8,536 10,647
2004 2,998 16,262 19,889
2005 6,336 16,687 23,250
2006 3,156 3,720 3,006
2007 2,855 6,203 17,795
2008 5,327 14,819 3,576
21,938 66,227 78,163
Going forward, EB3 would be in 3000 to 4000 range unless we come together as a force and act.
If it helps we can bring some good statistics experts on board to analyze the data we will have on our tracker and from USCIS. This will give us better estimates on movement of dates and how everything is currently being processed. let us know what you think or if you have any other ideas.
To do this it is important that we all input our data in IV tracker. Soon some more features will be added to the tracker and we will make it really robust easy to analyze. Could everyone help spread the word about the tracker so that everyone can come to IV and input their dates.
2003 1,266 8,536 10,647
2004 2,998 16,262 19,889
2005 6,336 16,687 23,250
2006 3,156 3,720 3,006
2007 2,855 6,203 17,795
2008 5,327 14,819 3,576
21,938 66,227 78,163
Going forward, EB3 would be in 3000 to 4000 range unless we come together as a force and act.
If it helps we can bring some good statistics experts on board to analyze the data we will have on our tracker and from USCIS. This will give us better estimates on movement of dates and how everything is currently being processed. let us know what you think or if you have any other ideas.
To do this it is important that we all input our data in IV tracker. Soon some more features will be added to the tracker and we will make it really robust easy to analyze. Could everyone help spread the word about the tracker so that everyone can come to IV and input their dates.
whattodo21
05-11 12:02 PM
Pappu,
Please let me know your thoughts..
I-140 is approved. I-485 was filed in July 2007. I have an opportunity to move to another company for a similar job profile. But the new company wants me to work as a contractor (hourly) on W2.
Is that a problem when filing AC-21?
Please advise.
You may be able to find answers in the IV wikki - have you tried it?
AC21 FAQ - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/AC21_FAQ)
Please let me know your thoughts..
I-140 is approved. I-485 was filed in July 2007. I have an opportunity to move to another company for a similar job profile. But the new company wants me to work as a contractor (hourly) on W2.
Is that a problem when filing AC-21?
Please advise.
You may be able to find answers in the IV wikki - have you tried it?
AC21 FAQ - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/AC21_FAQ)
greyhair
05-24 09:00 AM
I have reserved the air tickets to do meetings in Washington. I am willing to buy tickets for 1 more person. If anyone needs help in buying tickets please send me a private message. Looking forward to working with everyone.