munnu77
06-05 01:41 PM
-
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ramus
06-07 01:10 PM
Please contribute to IV..
Thanks.
I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.
Summary:
First five years
Total number of merit-based green cards includes sum of:
a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
b.) Any visa number not used by family based category.
How the total number will be divided between Current system and new merit-based system and Y visa holders --
- 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
- 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
- Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.
and the TEXT of the Bill
�(A) for the first five fiscal years shall be equal to the
33 number of immigrant visas made available to aliens
34 seeking immigrant visas under section 203(b) of this
35 Act for fiscal year 2005, plus any immigrant visas
36 not required for the class specified in (c), of which:
37 (i) at least 10,000 will be for exceptional aliens
38 in nonimmigrant status under section
39 101(a)(15)(Y); and
40 (ii) 90,000 will be for aliens who were the
41 beneficiaries of an application that was pending
42 or approved at the time of the effective date of
43 this section, per Section 502(d) of the [Insert
44 title of Act] ( Act not the bill)
(c) EFFECTIVE DATE.�The amendments made by this section shall take
11 effect on the first day of the fiscal year subsequent to the fiscal year of
12 enactment.
So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.
So all the I-140 filed on of before Effective date are considered as pending!!
I don't know why even lawyers are getting confused here!:confused:
Thanks.
I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.
Summary:
First five years
Total number of merit-based green cards includes sum of:
a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
b.) Any visa number not used by family based category.
How the total number will be divided between Current system and new merit-based system and Y visa holders --
- 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
- 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
- Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.
and the TEXT of the Bill
�(A) for the first five fiscal years shall be equal to the
33 number of immigrant visas made available to aliens
34 seeking immigrant visas under section 203(b) of this
35 Act for fiscal year 2005, plus any immigrant visas
36 not required for the class specified in (c), of which:
37 (i) at least 10,000 will be for exceptional aliens
38 in nonimmigrant status under section
39 101(a)(15)(Y); and
40 (ii) 90,000 will be for aliens who were the
41 beneficiaries of an application that was pending
42 or approved at the time of the effective date of
43 this section, per Section 502(d) of the [Insert
44 title of Act] ( Act not the bill)
(c) EFFECTIVE DATE.�The amendments made by this section shall take
11 effect on the first day of the fiscal year subsequent to the fiscal year of
12 enactment.
So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.
So all the I-140 filed on of before Effective date are considered as pending!!
I don't know why even lawyers are getting confused here!:confused:
dixie
09-11 07:06 PM
We cannot fault USCIS for the BEC backlogs .. thats the work of the even more incompetant DOL.Even they have improved with the PERM system. Our battle with retrogression is really a political issue more than a procedural one .The one place there is major room for improvement for USCIS is to use a more reliable system of advancing PDs than the current arbitrary system. There is no denying that USCIS has been improving lately with respect to service times(given the scarce resources), so lets give them credit where it is due.
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eastindia
05-14 02:19 PM
It is a very sad story. We people who have legal status feel very very lucky after reading his story. We can only imagine what this poor kid was going tough mentally. He did not have the right to education in college, could not drive and could not pursue his interests. He could not even go back to his country because he did not know anything else other than USA.
These kids deserve a better life than constantly living a life of fear and hopelessness.
These kids deserve a better life than constantly living a life of fear and hopelessness.
more...
chanduv23
12-16 12:16 PM
DMV people just look at the expiry date.
As pending 485 do not have expiry date they won't accept it as status.
What would you think would be a solution for this?
As pending 485 do not have expiry date they won't accept it as status.
What would you think would be a solution for this?
ajp5
05-05 10:15 AM
It has to be approved before you can start to work. You can go with premium processing so its approved within a couple of weeks.
That is incorrect. It does not have to be approved before you can start working. My wife recently got her H1 to H4 to H1 approved and she started work as soon as H4 to H1 was filed.
That is incorrect. It does not have to be approved before you can start working. My wife recently got her H1 to H4 to H1 approved and she started work as soon as H4 to H1 was filed.
more...
tnite
06-18 11:59 AM
Hi Guys:
Had some questions with regards to my actual 485 form.
situation:
2000-2003 -F1 (never out of status/ visa stamped in 2000 in bombay)
2003-2004 - OPT
2004-2007 - 1st H1 (never got it stamped)
2007-2010 - 2nd H1 (stamped last month in canada)
PART 3
Place of Last Entry Into the United States (City/State)
What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94
Consult a lawyer.
I personally think putting your canadian vist as the last place of entry might not show up in records as no stamping took place and also the I94 part which is taken by the customs and sent to INS in kentucky did not happen in your case. So when USCIS checks u'r I94, all they will see is the date in 2000 when you came to US.
In your case since you jumped from F1 to H1B via OPT you might not have had any gaps in chaging status and USCIS did not ask you to leave the country for gettting the H1B stamped(Change of status was approved )
This situation of yours hinges on technicality and better talk to a lawyer.
Had some questions with regards to my actual 485 form.
situation:
2000-2003 -F1 (never out of status/ visa stamped in 2000 in bombay)
2003-2004 - OPT
2004-2007 - 1st H1 (never got it stamped)
2007-2010 - 2nd H1 (stamped last month in canada)
PART 3
Place of Last Entry Into the United States (City/State)
What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94
Consult a lawyer.
I personally think putting your canadian vist as the last place of entry might not show up in records as no stamping took place and also the I94 part which is taken by the customs and sent to INS in kentucky did not happen in your case. So when USCIS checks u'r I94, all they will see is the date in 2000 when you came to US.
In your case since you jumped from F1 to H1B via OPT you might not have had any gaps in chaging status and USCIS did not ask you to leave the country for gettting the H1B stamped(Change of status was approved )
This situation of yours hinges on technicality and better talk to a lawyer.
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Ramba
01-08 04:18 PM
No offense to anyone but I think this is how the market is flooded sometimes with short term trained and oppurtunisticly timing decisions made by people.
Before you change careers I think you ought to see whether it really fits ur goals and aspirations..my 2 cents... CHances are you may not even like that job and want ot get trained in something else...I dont make a boat load of money but I like my job so far...however if money is the sole (please dont confuse this with means of living) reason to get into any job there are so many jobs and fields one can explore and change often...Its all your personal choice...
Good point. I am just studying the trade off between "career" and "likability" of job or the job you love. I agree with you about money. I am not just for money or I do not want to be in rat race. (If money is the only goal we all can do real estate bussiness in India) After spending 10 years in engineering, I want to change the field. Even I am ready to go with little less than what I make now. . The main reason is I want to have just relaxing job, not much stress. At the same time it should be a longterm. I thought QA may be one of the field. I do not know yet it is a right thought.
Before you change careers I think you ought to see whether it really fits ur goals and aspirations..my 2 cents... CHances are you may not even like that job and want ot get trained in something else...I dont make a boat load of money but I like my job so far...however if money is the sole (please dont confuse this with means of living) reason to get into any job there are so many jobs and fields one can explore and change often...Its all your personal choice...
Good point. I am just studying the trade off between "career" and "likability" of job or the job you love. I agree with you about money. I am not just for money or I do not want to be in rat race. (If money is the only goal we all can do real estate bussiness in India) After spending 10 years in engineering, I want to change the field. Even I am ready to go with little less than what I make now. . The main reason is I want to have just relaxing job, not much stress. At the same time it should be a longterm. I thought QA may be one of the field. I do not know yet it is a right thought.
more...
bb8185
06-05 10:54 AM
You don't need to be working in the US while the AOS is pending. You just need to have the job when permanent residence is approved, or to have a job in the "same or similar occupational classification."
Elaine, many thanks for taking the time to be on this forum.
Can I clarify a point, if someone is laid off whilst their 485 AOS is pending, would they still be 'in status'...and if so, for how long, and at what point do they need to provide 'proof' of a future role.
Many thanks again
Elaine, many thanks for taking the time to be on this forum.
Can I clarify a point, if someone is laid off whilst their 485 AOS is pending, would they still be 'in status'...and if so, for how long, and at what point do they need to provide 'proof' of a future role.
Many thanks again
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rimzhim
05-26 03:15 PM
There is a lot of discussion in various threads about the new. Essentially the questions boil down to the following. Hopefully some knowledgable people can post here.
1. What happens if your labor is still pending in BEC (2001 thru 2005 cases)?
2. What happens if you have an 140 pending filed before May 21, 2007?
3. What happens if you have an approved 140 and about to file 485?
4. What happens if you are yet to file 140?
5. With AC 21 gone will you be able to switch jobs using 485 portability?6. With AC 21 gone will you be able to join new employer based on H1 receipt?
good points. I think AC21 will hold for ppl in the old system though.
1. What happens if your labor is still pending in BEC (2001 thru 2005 cases)?
2. What happens if you have an 140 pending filed before May 21, 2007?
3. What happens if you have an approved 140 and about to file 485?
4. What happens if you are yet to file 140?
5. With AC 21 gone will you be able to switch jobs using 485 portability?6. With AC 21 gone will you be able to join new employer based on H1 receipt?
good points. I think AC21 will hold for ppl in the old system though.
more...
DSLStart
09-19 02:53 PM
It takes some time for VFS to receive passport from embassy. Sometimes 3/4 days.
But didn't you ask her if you were granted visa or not? If they retained your passport thats tell that visa is issued. Also keep tracking via SMS, that seems to be more accurate. Keep us posted here. Good luck.
i had interview at mumbai consulate on friday morning 9.30.
EVERYONE please take time to read and reply...
the officer was very rude... i said good morning upon entering and she did not reply.... then she said she is getting strange people since morning and no one is following her instructions....
she asked me the name of company, my job title etc..i replied ...
and then she asked me for my old passport and wrote CWOP on expired visa.....
she asked my wife if she has old passport and i said no and there it started..."SHE got angry and said did i asked you? let her speak... " "women can speak for herself etc..." she did utter some few words slowly so i said "excuse me" and that's it..she told me people like me should not be in usa..etc...etc........."
here is the deal...she did not gave me any slip or anything and said we can go now.....
WHAT WILL HAPPEN?
will i get my passport with stamp? or do they send Pink/Yellow/White slip through courier?
expert any advise?
i tracked the passport on VFS site on Saturday morning and VFS says they have not received passport from the embassy. is this normal? should i wait till monday evening before jump on any conclusion?
But didn't you ask her if you were granted visa or not? If they retained your passport thats tell that visa is issued. Also keep tracking via SMS, that seems to be more accurate. Keep us posted here. Good luck.
i had interview at mumbai consulate on friday morning 9.30.
EVERYONE please take time to read and reply...
the officer was very rude... i said good morning upon entering and she did not reply.... then she said she is getting strange people since morning and no one is following her instructions....
she asked me the name of company, my job title etc..i replied ...
and then she asked me for my old passport and wrote CWOP on expired visa.....
she asked my wife if she has old passport and i said no and there it started..."SHE got angry and said did i asked you? let her speak... " "women can speak for herself etc..." she did utter some few words slowly so i said "excuse me" and that's it..she told me people like me should not be in usa..etc...etc........."
here is the deal...she did not gave me any slip or anything and said we can go now.....
WHAT WILL HAPPEN?
will i get my passport with stamp? or do they send Pink/Yellow/White slip through courier?
expert any advise?
i tracked the passport on VFS site on Saturday morning and VFS says they have not received passport from the embassy. is this normal? should i wait till monday evening before jump on any conclusion?
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abhijitp
07-08 07:48 PM
I was wondering if we have approached "Consulate General of India" and Ministry for Immigrant Indians (Aapravasi Bhartiya Mantralaya) and check if they can help us in this visa fiasco. Indian statesman and good enough in visiting America to get foreign investment at the state or central level, but where do they stand when the same disapora need their help to find injustice they face on the foreign land. Any thoughts?
May be we can get their help to gather support from pro India congressmen and senators
Sounds like a good idea.
May be we can get their help to gather support from pro India congressmen and senators
Sounds like a good idea.
more...
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gcny2006
05-28 03:35 PM
Talking abt running this site. I think IV should enforce a mandatory $15 per year for access to this site. In interest of full disclosure - I have been a free loader myself for a very long time but have realized its pointless if you are not helping the cause. The people who are visiting this site have one thing in common - They have a BIG problem and if they cannot make a SMALL contribution towards solving that problem this community has no use for them.
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freefly
May 1st, 2005, 12:58 PM
I think you already know the answer to this...don�t change a thing. They look very professional to me...PIN sharp, well composed and the speed is just right. By freezing the action, I think it gives the impression of an explosion of speed rather than enhancing the movement. Nice one!
P.s. Perfect use of aperture to lose the background too!
P.p.s.That has to be an "L" Lens?
Nick
http://www.all-things-photography.com (http://www.all-things-photography.com/)
http://www.panphotography.com (http://www.panphotography.com/)
P.s. Perfect use of aperture to lose the background too!
P.p.s.That has to be an "L" Lens?
Nick
http://www.all-things-photography.com (http://www.all-things-photography.com/)
http://www.panphotography.com (http://www.panphotography.com/)
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vandanaverdia
09-11 12:58 PM
There is very little time & lots to achieve.
Calling all Washingtonians & Oregonians....
Calling all Washingtonians & Oregonians....
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sbabunle
08-30 04:53 PM
Dear friends
I'm very excited to say that I got my green card approved. Thank you for all of your support.
My status change will not change a bit of my support to IV. I will continue to contribute what I contribute now, until we are sucessful. I'm not successful, until everyone of you is not successful in pursuing your green card. I hope and pray that my stand will motivate non contributing friends to contribute.
Friends and folks, we did not have any organization to support ourselves. So far we had to take anything shoved upon us. But the emergence of IV changed all that. Contribute and support IV. Because IV is our voice!!!
thanks
babu
I'm very excited to say that I got my green card approved. Thank you for all of your support.
My status change will not change a bit of my support to IV. I will continue to contribute what I contribute now, until we are sucessful. I'm not successful, until everyone of you is not successful in pursuing your green card. I hope and pray that my stand will motivate non contributing friends to contribute.
Friends and folks, we did not have any organization to support ourselves. So far we had to take anything shoved upon us. But the emergence of IV changed all that. Contribute and support IV. Because IV is our voice!!!
thanks
babu
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willigetgc?
11-24 10:30 AM
In spite of the mess we are in, these songs and the substitutions does make me wonder whether I need to cry or laugh!
Heading into Thanksgiving weekend, I choose to smile (as opposed to laugh) as there are many things my family and I are thankful for.
Happy Thanksgiving to all!
Heading into Thanksgiving weekend, I choose to smile (as opposed to laugh) as there are many things my family and I are thankful for.
Happy Thanksgiving to all!
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Michael chertoff
08-22 10:31 AM
Some Idiot fool gave me red dot with this comment "It is not a joke, the original poster is serious"
that idiot didnt realise that I was serious too.
MC
that idiot didnt realise that I was serious too.
MC
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lvaka
07-18 10:49 AM
This is like giving them a small window to file within 10 days in the old rate other wise....pay the big chunk.
Good tactics....it will be difficult for the people who do not have any medical appointments and other documents that need to come from other countries !!
I think you missed the USCIS update. You can file till Aug 17th. So its the same amount of time one month from now.
Good tactics....it will be difficult for the people who do not have any medical appointments and other documents that need to come from other countries !!
I think you missed the USCIS update. You can file till Aug 17th. So its the same amount of time one month from now.
unitednations
02-22 02:12 PM
To all Experts/Gurus, please advice on this issue.
I hold a H-1B status as well as I-485 Adjustment of Status Pending.
I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.
I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.
1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.
These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.
Thanks.
You can't change from 485 status to F-1 within the country. You can only change from non immigrant to another non immigrant visa within the country.
If you wanted to get on F-1; you would have to go for visa stamping and re-enter on F-1. However, consulate probably wouldn't give you F-1 since you have shown immigrant intent. Even if they somehow gave it to you; then uscis would deny your 485 eventually by entering on F-1 visa.
You can go full time to school while 485 is pending. You just have to be able to demonstrate that you have a permanent full time job waiting for you upon greencard approval (ie., AC21).
There was a legal case from a long time ago; where a person was getting sponsored for a particular position and he went to school full time for a totally irrelevant occupation to what he was getting sponsored for (he went to school to be a dentist). USCIS denied his case saying that they didn't believe his intent to go into the job since he was being trained/educated in a totally different field.
Long story short; was that it went to court and the candidate won...
If you want to put up with the inevitable hassles from uscis that you may get over doing this then go ahead. At the end you should prevail but USCIS likes for you to go through a bumpy road
I hold a H-1B status as well as I-485 Adjustment of Status Pending.
I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.
I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.
1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.
These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.
Thanks.
You can't change from 485 status to F-1 within the country. You can only change from non immigrant to another non immigrant visa within the country.
If you wanted to get on F-1; you would have to go for visa stamping and re-enter on F-1. However, consulate probably wouldn't give you F-1 since you have shown immigrant intent. Even if they somehow gave it to you; then uscis would deny your 485 eventually by entering on F-1 visa.
You can go full time to school while 485 is pending. You just have to be able to demonstrate that you have a permanent full time job waiting for you upon greencard approval (ie., AC21).
There was a legal case from a long time ago; where a person was getting sponsored for a particular position and he went to school full time for a totally irrelevant occupation to what he was getting sponsored for (he went to school to be a dentist). USCIS denied his case saying that they didn't believe his intent to go into the job since he was being trained/educated in a totally different field.
Long story short; was that it went to court and the candidate won...
If you want to put up with the inevitable hassles from uscis that you may get over doing this then go ahead. At the end you should prevail but USCIS likes for you to go through a bumpy road
PD_Dec2002
07-07 09:38 PM
Hi,
I will be applying for LC in a few days. So, I want to clarify something.
My ad says MS + 1 yr of experience.
Question 1: My 1 yr will be prior to my MS so can i use this experience ?
Question 2: If so Can I show that experience worked back in my country from my very close freind who runs a small software company ?
He is willing to give me any kind of experince letter and if USCSI calls ready to answer them.
But just wondering what will be the consequences of doing this. Obviously I can't show any paystubs or W2 forms for that 1 yr.
What are the other evidences that I may require for this other than employer verification letters ?Please reply, emergency !
In which stage in GC will they look sriously (does in conitnue till i-485 stage ?)
Why can't you revise the ad before publishing it so you do not have to resort to such measures? What's wrong with just a MS? My company files several LCs for MS and they have no problems getting approvals.
In any case, the answer to your Q1 is Yes. I will not comment on Q2 since I neither encourage nor recommend such deceitful behavior.
Thanks,
Jayant
I will be applying for LC in a few days. So, I want to clarify something.
My ad says MS + 1 yr of experience.
Question 1: My 1 yr will be prior to my MS so can i use this experience ?
Question 2: If so Can I show that experience worked back in my country from my very close freind who runs a small software company ?
He is willing to give me any kind of experince letter and if USCSI calls ready to answer them.
But just wondering what will be the consequences of doing this. Obviously I can't show any paystubs or W2 forms for that 1 yr.
What are the other evidences that I may require for this other than employer verification letters ?Please reply, emergency !
In which stage in GC will they look sriously (does in conitnue till i-485 stage ?)
Why can't you revise the ad before publishing it so you do not have to resort to such measures? What's wrong with just a MS? My company files several LCs for MS and they have no problems getting approvals.
In any case, the answer to your Q1 is Yes. I will not comment on Q2 since I neither encourage nor recommend such deceitful behavior.
Thanks,
Jayant
