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Case no:

17-15217

IN THE UNITED STATES APPELLATE COURT

FOR THE NINTH CIRCUIT

Madhuri Trivedi vs. U.S. DEPARTMENT OF HOMELAND SECURITY, John F.


Kelly, in his Official Capacity as Secretary of Homeland Security, U.S. CITIZENSHIP
AND IMMIGRATION SERVICES, Lori Scialabba in her Official Capacity as Director-
U.S. Citizenship and Immigration Services, Donald Neufeld -director USCIS service
center in his individual capacity, Greggory Richardson- director TSC - in his individual
capacity,
Mark Hazuda- Director NSC - in his individual capacity, John Roth, OIG - in his
individual capacity, Maria Odom-DHS- in her individual capacity

Opening Brief of Appellant Madhuri Trivedi Part 1

ORAL ARGUMENT REQUESTED


__________________________________________________________________
Appellant MADHURI TRIVEDI May 12th 2017

Founder, CEO OrangeHealth( start up)


Madhuri.orangehc@gmail.com Phone: 650-242-5135 Fax: 708-774-4859

Copy to: John Bennett,


Special agent In charge- San Francisco FBI
Phone: 415-553-7400

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Factual Background

Applicant Madhuri Trivedi is a citizen and national of India who entered the United

States in 2003 on an H4spouce nonimmigrant visa. Compl., Over the next few years,

she transitioned to an F student visa and then an H-1B highly skilled worker visa.. At all

times, her status remained that of a nonimmigrant authorized to remain in the United

States on a temporary basis. Ms. Trivedi sought to adjust her status to that of an alien

lawfully admitted for permanent residence in the United States (LPR), either through

her former employer, General Electric Healthcare (GE); who as a retaliation for not

joining their fraud scheme; discontinued greencard/permanent resident process after I

invested 13 years in USA. After I was terminated from that position, through an

employment petition that she filed on her own behalf with Hardvard medical job offer as

a person of extra ordinary ability. On March 4, 2015, USCIS ultimately denied Ms.

Trivedis I-140 petition and again in May 2016 second I 140 was denied while district

court lawsuit was in process.

RELIEF

I pray to the Court for the relief that Madhuri sought below

In light of the foregoing injustices, I request COURT/JUSTICES reverse USCIS denial


decisions (including but not limited to applying deference Skidmore v. Swift & Co., 323
U.S. 134, 65 S.Ct. 161 )and MS. TRIVEDI be given her immigration visa with
approval of EB1 petition effective immediately with approval of her I 140, I 485, I 765-

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work authorization petitions.(all three were unlawfully and wrongfully denied.) make
me "whole."

Ms. Trivedi adds a request for advance parole as well . She can go to India and then

return to the United States. Also Back pay, lost wages and punitive damages related

monetary reward ( also reward for intentional infliction of emotional distress ,

negligence, TORT as court deems appropriate)

I deserve the relief I requested.

One needs to be a fighter in order to be a woman in technology and also woman from

India. Despite all odds and mountains of challenges; I have contributed in the EB1/EB2

national interest waiver capacity. If given right environment, opportunity and support; a

person like me may get a NOBEL prize at some point (I spoke with Nobel prize

committee member in Europe in January 2017; emailed my lawsuit info. He said you

are still not WHITE and government is scoundrel). Currently I feel it is lawless and

system is not working.

For the violation of a constitutional right, require the defendant to repair past violations
of the law;to make whole again Madhuri whose rights have been violated. Court to
give special attention to questions of fairness and good faith. Relief I requested is
appropriate to prevent an illegal action, to put a stop to ongoing or repeated conduct that
violates my rights and continue causes injury, or to force a defendant to take action in
order to prevent harm..request both reward for money damages and relief in terms of
immigration documents approved. The defendant continued to act in bad form.

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Legal Arguments
1. President Obama gave National technology award by to 20 people start up founder(
where I was one of the few founding member of engineering team)Dr. Jonathan
Rothberg.
1.1. Dr. Rothberg sold the sister company for 700 million to Thermo Fisher
scientific/Life Tech. I didnt made a penny though. But these facts prove that I
was EB1-extra ordinary ability person for which DHS illegally(TORT) denied
my petitions and not giving me work authorization. This is also violation of
human right and intentional. Within weeks of my GE termination ; Thermo
Fisher had a job for me but got stuck on H1 visa.
1.2. Given Dr. Rothberg award ; it is unconstitutional and illegal for DHS to keep
me in this situation. Ninth circuit must give me relief I requested.
I developed WORLDS first digital - biological equivalent -equivalent to PERSONAL
COMPUTER -an instrument for genome sequencing PCR (instrument price was $150,000
per unit) Raindance executives and other seniors have stated that my contribution was of
a major significance, leading /critical role to existence of organization
and entrepreneurial.
2. Below is an article I published := using Artificial intelligence for solar storms and it's
affects. I did this project in 2004. It shows my forward, critical, highly complex,
technical and subsequently business, legal impact, original thinking and contribution.
Given DHS, White House made laws ( Item 1.2, 1.3, 1.4 below)
2.1. My article is : Backpropogation Neural Network for Prediction of
possibility of Solar storms
Madhuri Trivedi https://www.linkedin.com/pulse/20141020222732-70561201-
prediction-of-possibility-of-ionospheric-storms-neural-network-backpropagation-
model?articleId=5930091444567027712#comments-
5930091444567027712&trk=prof-post

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This was a masters of science -Artificial intelligence class project I did in 2004. But
deep learning and predictive analytics used widely. In US recent new regulation
require energy companies to have a measures/mitigation strategy against solar
storm related outage.
Ionospheric storms - solar storms are caused by particle emissions from the sun,
generally alpha and beta rays. Since these takes about 36 hours to reach the earth,
some warning is possible after large sunspots or solar flares and several different
noises generated due to these activities are noticed. Under normal quiet conditions,
there is a constant noise radiation from the sun, simply because it is a large body at a
very high temperature (over 6000 degree Celsius on the surface) The main sun
caused disturbances in the atmosphere are sudden ionospheric disturbances and
ionospheric storms.
Studies with earth-based radioheliographs and from satellites in orbit have provided a
large amount of data on solar flares and several noises, so that some short term
predictions are becoming possible.
The disturbances have been known to cause blackouts, power plant shutdowns,
corrosion in pipelines, disruptions in radio and television transmissions, malfunction
of geological survey equipment, satellite tracking problems, and other detrimental
effects. Being able to predict these occurrences helps prevent disasters.
In this example a neural network is designed and trained to predict the possibility of
ionospheric storm in future. It takes several different noises as inputs. If the presence
of noise and increase in solar sector boundaries and presence of solar flares are
beyond normal limit, then it is being considered in this example as presence of input.
Inputs are in the form of 0 and 1(absence and presence) of noises.
This program is for a simple neural network that performs supervised learning by
backpropagation.
2.2. Subsequently as per DHS website dated 2015-04-15 Solar Storm Mitigation
Fact Sheet https://www.dhs.gov/publication/solar-storm-mitigation-fact-sheet
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2.3. White House directs accelerated response to solar flare grid threats
http://www.eenews.net/stories/1060044695 October 24, 2016
2.4. A massive solar storm could cost the US economy $40 billion per day
By Joel Hruska on January 23, 2017
https://www.extremetech.com/extreme/243255-massive-solar-storm-cost-us-
economy-40-billion-per-day
3. I have been suffering and will continue to suffer irreparable harm in the absence
of relief, resolution. please grant relief requested in this application.
4. Skidmore v. Swift & Co., 323 U.S. 134, 65 S.Ct. 161 for setting aside and reversing
agency decision. Force of law.
5. Act 8 U.S.C. 1152(a)(1)(A) forbids discrimination based on a person's race,
nationality, place of birth, or place of residence. My nationality, gender, race
and up to certain extent religion I have been treated differently.. It is extremely
difficult to be a woman in technology from Indian nationality , Asian women
and also religion ( my GE direct manager commented about me being Hindu-
though I have read Bible and read about most of other religions and am open
minded...all religions take us to same God- a creator.) But there is unconscious
and conscious BIAS exists towards my class. Also there is Whistleblower and
QUITAM retaliation.
6.
7. After I wrote about Kazarian memo used by USCIS in my lawsuit; in Nov. 2016/Jan
2017; DHS made so many changes in regulations that used Kazarian memo for
employment based visa petitions adjunctions; while terrorizing me.
8. For my healthcare start up..I was doing it for a cause and not for a money. What I
have been going through and My fathers loss;I must rethink about this.
9. Now given a new Trump administration ; they are also harassing and
terrorizing me.

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10. TORT violations award monetary reward but if and while my


immigration is hanging , This clearly shows judge Donato had a bias or willfully
neglected; despite I, Vandana (Exhibit 7 in Application filed 4/13/17) mentioned
about my involvement at GE Internet of Things IoT- apart from defects in medical
devices.
11. Insite EXC medical device was used Remotely monitor, configure, access
radiological and other data, install software remotely, transfer data from medical
devices/hospitals.. and weak security measures therefore pose a significant security
concern. What GE did was not only misleading but also dangerous.
11.1. As per deposition Insite Exc medical device was unsafe to put on internet
from the beginning; despite GE used it for several years( As per FDA Insite EXC was
considered amedical device while in deposition Bill said it was not a medical device so
they didnt follow guidelines required for medical device..FDA had this deposition but
didnt care). Bill was beating around bush during deposition. At arbitration he came
around. GE had not much serious efforts to fix it with sense of attention-some urgency
until after I made noise ( I made noise because my boss was harassing and retaliating
me; wanted to join their fraud scheme)
11.1.1.Deposition of GE architect Bill Barbiux taken by Madhuri. Full transcript is
available at Ninth circuit case no: [1715217] ECF No. 17- Date of service:
03/04/2017 [10343298]
Transcript deposition
Page 3 Q Did I treat you with respect when I was withGE?
A Yes.
Q You had good working relationship with me , right?
A Yep.

Page 61 Q So in your opinion, the work I did for I did for security VNC server issues
on Surgery was good work, and it was good for GST given that I was a couple of months

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old within the company, and it was -- I was bringing tons of issues, and it was too much
for them.I was expressing tons of concerns, and it was truth. It was not just -- It was
happening. Things were not working the way they were supposed to.
Q Good work for GST.
A Yes. Technically, I thought what you were doing -- a lot of what you were doing made

sense

Page 107 Q Do you have knowledge that there were design nonconformances,
means defects in Insite ExC in production?
A Yes.
Q Do you have any idea of how many of them?
A I don't recall. I know there were several hundred or more.
Q So it says 465.
A Okay.
Q So your -- I'm talking about -- I'm just consolidating everything in one sentence.
Your point was connectivity is better than defects in Insite ExC. At the least we
would
have connectivity?
A Right.

Page 168 Q At the time of Insite ExC release, when it was public facing, it failed a
security test or had the security concerns?
A Yes.
Page 170 Q Insite ExC in production had security issues. Is that correct?
A The user interface, which is a little bit different, yes, had some security
vulnerabilities found during Scabba testing. Our mitigation was several things: One
of them was to move the user interface inside GE.
Q And also some of them were not fixed. Some of the security were never --
A Right, because we could not fix them.
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Q So some of the security vulnerability still exist today?


A Yes

Q So any GE employee inside GE network can potentially try to exploit that


vulnerability?
A Depends on the vulnerability.
Page 171 Q So are you aware of the Snowden incident where he was an insider of
NSA, and he very much --
A Yes, I'm aware of that.
Q So is this -- Do you consider that's insider threat detection, and not having proper
insider threat detection in place? Its considered insider threat detection, right?
Given those security issues still exist where an insider can try to
potentially or can try to exploit those.
Q Is it considered good security strategy or is it --
A To move the interface to the inside?
Q And keep those security vulnerability as --
A That was one of our only options. ..The user interface was upgraded
from 4.1 to 5.2. That's where a lot of the vulnerabilities came in, so
Q The ExC Agent was working on IPv6 and IPv4, and it was considered security
issue, right, because ..
Q So you considered that was a security vulnerability?
A A possible security vulnerability.

11.2. Dave Elario-General manger at GE bragged how aggressively GE is


integrating Insite Exc( name of defective medical device) in couple dozen medical
device types. This was audio video recorded. Despite internal GE groups writing emails
to Dave Elario that they cant fulfill contract obligation that they sign with customers(
private , public and government hospitals , doctors who use these medical devices). And
I Madhuri also informed managers/Dave Elario about these issues.
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11.3. Laws prohibit deceptive practices for use, benefits of medical device.
Failing to disclose material information concerning its usage, operation, maintenance not
as advertised, sold and mentioned in contract agreement; with intentional inducement
..failed to willfully disclose and actively concealed defects for upto ten years( last 5-7
years where hundreds of critical defects). Fraudulent Concealment by GE.

11.4. Given that fact that FDA banned OEC surgical device medical devices due
to
quality issues and Madhuri was assigned a project from Day 1 to integrate Insite(
defective product with security issues) on OEC. UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH Case No. 2:07CV00017 TC -GE entered consent
decree
withFDA(https://wayback.archiveit.org/7993/20170113091924/http://www.fda.gov/New
sEvents/Newsroom/PressAnnouncements/2007/ucm108828.htm )
11.5. Internal customer Missy Ryan testified even during arbitration hearing done
after 11 months on my termination that she is still having all kind of issues.
11.6. Northern District of California, Federal Trade Commission v. D-Link

Systems Corp. et al., Case 3:17cv39. This case has been assigned to my district case
Judge James Donato.

11.6.1. Transcript of court ECF 50 Filed 04/03/17


COURT: the case read like a fairly typical FDA complaint, alleging unfair trade
practices. They're charged with monitoring deceptive or unfair trade practices; right?
don't get the benefit of their expectations, and they may be vulnerable to having their
personal data, financial data, and medical data, private data stolen. So I have to say it
didn't strike me as particularly thin. It struck me as sort of a classic deceptive conduct
case. Remember the FTC statute says "likely to cause harm." You dont have to
wait for the house to burn down for the FTC to run in and say the fire alarms dont work,

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You could have the FTC say, you know, there's a lot of data suggesting that fire alarms
don't work, and we want to intervene now before the house burns down. There's nothing
wrong with that. thought the case read D-Link has had this practice of making
assurances, and it's bound back in time, but the kicker is and it's still happening today.
FTCs function is to prevent consumer harm, rather than merely respond to harm
that has already occurred.
THE COURT: I think maybe, you know, the harm is a consumer bought a good that
was misrepresented. You don't have to bring more than that. You don't have to show that
your
medical records were consequently lost. This is not what the case is about. The case is
about deceptive and unfair marketing of these products; isn't that right?
THE COURT: But isn't it -- I mean, it's unfair in that they were selling a good that did
not live up to the promises that were made. What about the allegations of unfairness
and deceptive conduct overlap.
THE COURT: Okay. I mean, just buying the product is harm, if it doesn't perform as
represented or if it exposes someone to unreasonable danger. I mean, you don't need
anything -- Twombly and Iqbal requires - fair notice under Rule 8. That's
all you need is fair notice..The Third Circuit just said Wyndham, you told
people that your data was safe, and it turns out your data wasn't safe.
11.7. Judge James Donato mentioned above transcript that in complaint

Twombly and Iqbal requires fair notice. This was for a motion to dismiss for failure to
state a claim and jurisdiction. In Madhuris complaint. I gave a fair notice. Despite
Judge Donato dismissed my claims without even considering any materials and
mentioned Bell Atlantic case in his order along with other things.. This he showed
double standard.

11.7.1. Twombly/Iqbal Victory for Plaintiffs: SCOTUS Denies


Certiorari for
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Digital Music Price-Fixing Case (SONY MUSIC ENTERTAINMENT, ET AL. V.


STARR, KEVIN, ET AL ) .
The Second Circuits opinion thus stands firm. Even after Twombly and Iqbal, all a
plaintiff needs to allege , is enough factual matter (taken as true) to suggest" the
elements of the claim.
11.7.2. Madhuri Satisfied the standard here, which is that I need to plead
sufficient factual content to raise a reasonable inference that there's a plausible claim for
relief, and that's exactly I did . Determining whether a claim is plausible is a context-
specific task that requires the reviewing court to draw on its judicial experience and
common sense. ;nothing in Iqbal or Twombly precludes the plaintiff from later
suggesting to the court a set of facts, consistent with the well-pleaded complaint, that
shows that the complaint should not be dismissed."
Judge Donato on his own converted motion to dismiss in part filed under Rule
12(b)(6) into 12(c) motion for judgement.
11.7.3. The plaintiff's claims should not be dismissed on the pleadings
"unless
it appears beyond doubt that the plaintiff can prove no set of facts in support of his
claim which would entitle him to relief."
Experimental Engineering v. United Technologies, 614 F.2d 1244, (9th Cir.1980) US
Supreme court Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80
(1957); Amfac Mortgage Corp. v. Arizona Mall of Tempe, Inc., 583 F.2d 426, 429 (9th
Cir. 1978). Applying the facts as alleged to this standard, dismissal for failure to state a
claim was improper.
11.8. Again Judge Donato has double standards and bias against me; erred in my

case. GE architect already testified as shown above that it was vulnerable. If Judge
Donato said all these things for possible harm, security, FTC, and D Link( remember D

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Link does not spend billions in lobbying) that he could have applied that atleast 10% of
that standard what he was saying here to DHS; in my case and address my legal claims.

Ofir Dahan; GE architect (His linkedin profile : https://us.linkedin.com/in/ofir-oren-


dahan-556486 ) mentioned in Feb 2013 in front of 20 managers & leads that why we
are still releasing illegal Insie Exc agent ( agent means a firmware that is on medical
device side). Insite Exc was installed on almost all of GE medical devices. Ofir
supported me. He left GE month before me.

12. Computer Fraud and Abuse Act (CFAA) ( 18 U.S.C. 1030), the
CFAA are defined as "protected computers"; 18 U.S.C. 1030(e)(2) to mean a
computer: In practice, any ordinary computer has come under the jurisdiction of the
law, including cellphones, due to the inter-state nature of most internet
communication. 18 U.S.C. 1030(b): Conspiracy to violate 18 U.S.C. 1030(a) .
CFAA is both a criminal law and a statute.
13. Given GE was selling medical devices With Insite Exc to Department
of defense, Vetrans affairs VA hospitals . I have attached hereCentricity-GE medical
product uses Insite Exc medical device and Centricity was installed on 130 VA
hospitals. (Appendix Exhibit 4 atttached here ). CFAA applies to some level to GE.
14. Madhuri was engaged in a protected activity. There are retaliation
claims if "there is credible direct evidence that retaliation was a motive for the
challenged action,"
15. GE framed meThey outsource and off shore most/all of it software.they had no
intention to keep me on a payroll (cost of paying me). Also after my labor
certification was approved as a person of exceptional ability-EB2 ; by department of
labor. Next step was just a formality by GE where GE was required to submit all its
financial information and number of US employees etc. Several immigration
attorneys said that GE has cooked accounting books. GE does not want to submit
financial data. So GE framed you. PRETEXT.
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16. GE and DHS both have showed elements of unfairness, abuse as well.
16.1. DHS could have taken it seriously and can still take it seriously.
GE was/is putting large money in connecting devices such as healthcare, energy, jet
engines..with bad security... My job at GE as a lead engineer was around this ...
17. This is an Affirmative action matter. In general, Women in technology-
computer science etc are discriminated, retaliated. Most women in Tech leave. There
is a KNOWN problem. It is dominated by Males. (sometimes women can be worst
too but the discussion is how women in tech are treated etc.)
18. GE healthcare global services division(where I worked) CEO Mike
Swinfords father is a senior retired FBI veteran James Swinford. Mike came to my
arbitration hearing. He made millions in salary and had his own private jet.
19. FBI supervisor Clayton Wible in Milwaukee called me and said it is Quitam-civil

fraud and then I emailed David J Johnson special agent in charge- San Francisco about
criminal investigation/jail ;he replied in 20 minutes and assigned an agent. Soon after my
lawsuit in March 2016 he was promoted as assistant director to report to James Comey-
FBI director ..David left FBI in January ..I met him in lobby of FBI SF in Jaunary and he
was sorry .He had a conference call with James Comey so he couldnt meet he said.
Judge Donato dismissed my whistleblower and other claims without even looking at
material information..where DHS (Dept of homeland security???) Itself failed to take
any action..regardless of me reporting to them in writing since my GE termination .
Though I have sent emails to James Comey( from December 2016) copying David at
james.comey@ic.fbi.gov .

19.1. Email to David and his response


From: "Johnson, David J. (SF) (FBI)" <David.J.Johnson@ic.fbi.gov>
Date: November 24, 2015 at 9:20:10 AM PST
To: Madhuri Trivedi
Cc: San.Francisco <San.Francisco@ic.fbi.gov>
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Subject: RE: MIT alum: Work authorization, Extreme hardship declaration,


financial loss, humanitarian and distress
Good morning - I have received your email and will have someone reach out to
you. Thank you. David

---------- Original message --------


From: Madhuri Trivedi
Date: 11/24/2015 09:01 (GMT-08:00)
To: "Johnson, David J. (SF) (FBI)" <David.J.Johnson@ic.fbi.gov>, Madhuri
Subject: Fwd: MIT alum: Work authorization, Extreme hardship declaration, financial
loss, humanitarian and distress
Respected Special agent David,
I really need your help.I am in BAY area....My phone *******.

I worked as a Lead engineer for General Electric Healthcare. There were 200-600
defects (security, HIPPA/HITECH); where 100,000 medical devices communicate and
controlled. I was doing my job and I was punished. I was one month shy from getting
my greencard processing- I 140 . GE put me in a bad situation. GE was also doing
fraud against government & customers(QuiTam). FBI said that my matter is Quitam
matter .
GE was forcing me and they themselves wanted to release remote service product on
surgery and many more device on a Linux platform in a same way they were doing it
for 10 years on Windows platform. Windows and Linux are two different operating
systems and are like apples and oranges. I was able to hack it on a Linux platform and
GE was desperate to sell that product.
I believe and A very senior executive , fraud attorneys mentioned that GE people
should be in a jail. Linux and windows are different how can they do this.

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Harvard medical school has offered a job in April 2014 ; thats when I filled my
I140 EB1 A petition and supported my immigration along with Philips HC
manager. Another Indian engineer who got her GC though EB1 wrote a really strong
letter supporting my EB1A peition I am in US for 13 years and have proved myself as
a person of extra ordinary ability..have contributed for US economy/US healthcare.
Immigration is knowingly not giving me work authorization.

Anyway, I have filled extra ordinary ability EB1 petition to get work authorization in
US...Immigration is dragging it. GE has done fraud, Andrew Beato fraud attorney in
Washington DC said GE's goal is to remove witness and they are using immigration as a
tool.. I also got my healthcare app- start up idea and it is unique patent able but in all this
mess I can't do much.

20. When I spoke with Charles Meyers FDA officer on Phone in February
2014(Exhibit
12 of my District court complaint ECF-1), he said he want to do a recall today but there
is some loophole. And I cried on phone with my immigration issues to him. Once they
knew about my immigration issue, they had no incentive to do anything.
20.1. FDA was required to a RECALL several healthcare filed expert said that
including Philips Healthcare product manager Hans Griesser (he supported my
immigration petition) . Even though it was public policy violations, security issues,
HIPPA, HITECH violations; it was covered up.
20.2. FDA FOIA team knew about my lawsuit, so in my FOIA response they
deleted lots of information and didnt disclose muchPlus said that given your
lawsuit, you wont get anything from us. FOIA (Ninth circuit case no: [1715217] ECF
No. 5) response has communication from Quitam division attorney at DOJ San
FranciscoPage 15 FOIA gave only email DOJ attorney sent to FDA and NOT what
FDA responded.

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21. Ninth circuit March 4th 2017 ECF 17,18,19,20,21 ; have detailed GE issues,
deposition, arbitration, 600 defects on 100,000 medical devices for several years,
wrongful /illegal termination and loss of immigration and wages as a retaliation of not
participating in GEs fraud scheme and HAVE SUBMITTED NUMBER OF
EVIDENCES.
22. District judge rescheduled hearing twice and finally vacated hearing and that
ruling will be done based on paper filings as shown below. So he didnt even gave me a
hearing
23. Trial, Trial de novo, de novo judicial review
Kazarian memo used to adjudicate my immigration petition by USCIS is not a rule, as
Administrative Procedure Act rule making is not followed.. USCIS has not posted this on
a federal register for public comment and then implement itbut rather choose to force
this on applicants and adjuncate petitions arbitrarily. Page 6- 11 district court Joint case
management statement filed by Madhuri Trivedi ECF Dct No. 20
Skidmore judicial deference is more appropriate and De novo judicial review, trial de

novo for agency decisions. But it from legal point trial de novo review is proper.

Administrative procedure Act (including but not limited to under APA 702 ) under its

umbrella have jurisdiction to have a trial like proceedings for allegations of misconduct

in public office U.S.C. 706 (2)(F) jurisdiction to have a trial de novo

24. EB1 Employment based Immigrant visa petitions . I filed it SECOND TIME in

November 2015 petition number LIN-16-022-50295 which was denied in May 2016

while my lawsuit against DHS was in process.

25. Please consider this with empathy and sympathy as well.

DHS started giving work authorization to spouses of h1B who suffered domestic violence;

while despite my (a)EB1, (b)EB2 back dated to 2009 if DHS would have considered

whistleblowing for which they added protection in 2016, (c) U visa pending; till date

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havent given me work authorization. And during response to my emergency motion And

Gisela West water wrote that Appellant have not applied for new work authorization ECF 10 page 4

paragraph 86.

Harvard medical offered me job for their artificial protein/DNA development for Cancer

treatment/ cancer vaccine. I developed world's first digital-equivalent to personal

computer instrument for genome sequencing PCR used for drug discovery in 2009 at

Raindance Technologies(Exhibit 6 )..that 20 people start up went to generating hundreds

of millions for revenue and funding...This was in NATIONAL INTEREST WAIVER..so

even under EB2 employment based immigration visa category backdated to 2009 I am

eligible to get my immigration visa. DHS changed number of laws on their own for

employment based immigration since my GE/DHS dispute . In November 2016 also made

changes(https://www.gpo.gov/fdsys/pkg/FR20161118/pdf/201627540.pdf ); also for

national interest waiver ( and whistleblower protection for H1 B related..BUT DHS

intentionally failed to do any action which is TORT ..Genome sequencing field as a whole

have been proven different and failed to deliver its promise Dr. Jonathan Rothberg was

awarded national medal by former president Obama..and Dr Rothberg sold one of the

genome sequencing company for 700 million to Life Technologies/Thermofisher scientific

within month of GE termination as shown below but was stuck on my H1B transfer as I

had not much time left.

From: Bryan.Nguyen@lifetech.com

To: madhuritrivedi@hotmail.com

Date: Fri, 19 Jul 2013 08:22:19 -0700

Subject: RE: madhuri

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Hi Madhuri,

Our legal team is educating us on the transfer process. When did you leave GE exactly?

-Bryan

I , Madhuri also Contributed in major significance to Fortune 10/50 and successful start

ups including startups by noble laureates and other in enterprise security field

In January to February 2017- Pat hale- MIT and MIT Sloan school of management

director and I Madhuri sent emails to Peter Thiel( President Trump supporter and a

key person in his transition team). We confirmed that Peter Thiel has received these

emails.

My political knowledge& interest is ZERO. October 2016 December 2016 I sent

few emails (copied emails to white house folks, DHS, FBI, some journalists, couple

of senators & a congresswoman, Leslie Caldwell AAG criminal at DOJ, IG Mr.

Horowitz at DOJ etc.). Office of first lady Michelle Obama did inquiry to DHS but

DHS said they are waiting for judge Donato to rule. I also copied Rick Dearborn (at

that time he was a director for Senator Jeff Sessions) and now Mr. Dearborn is deputy

chief of staff at White House( I emailed Rick when he was announced to join WH &

was at senators office). Most likely he is aware of my situation.

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CERTIFICATE OF SERVICE

I hereby certify that on this date, I caused a true and correct copy of this statement
delivered electronically to Gisela Westwater.

Respectfully submitted,
Madhuri Trivedi

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1. Below is white house general counsel email ...Even though I told her that I

haved sued OIG at DHS, she kept referring to links below and contacting them..

---------- Forwarded message ----------


From: Leonard, Rachael L. EOP/OSTP <RLeonard@ostp.eop.gov>
Date: Tue, Sep 13, 2016 at 1:40 PM
Subject: FW: MIT alum GE fraud, immigration issue
To: "Madhuri Trivedi>
Dear Ms. Trivedi,
Thank you for your note, which Dr. Holdren referred to me. OSTP is a small agency
that addresses science policy. OSTP does not address immigration or consumer
fraud issues. For those topics, you may wish to contact:
The Department of Homeland Security, Office of the Inspector
General: https://www.oig.dhs.gov/index.php?option=com_content&view=article&id=
51&Itemid=133
The Department of Justice, The Executive Office for Immigration
Review: https://www.justice.gov/eoir , or
The Consumer Products Safety Commission: http://www.cpsc.gov/
Best regards, Rachael Leonard
General Counsel
Office of Science and Technology Policy

2. Ombuds Judge Fren Smith Notice. She was upset with government and
mentioned that how can they do this to you
NOTICE UNDER NDCA LOCAL RULE 7-13

RE: CV16-CV-01122 JD

TO: JUDGE DONATO:

CC: CHIEF JUDGE PHYLLIS J. HAMILTON

DEAR JUDGE DONATO: IN MY CAPACITY AS OMBUDSPERSON FOR THE NDCA , I


HAVE BEEN REQUESTED BY PLAINTIFF MADHURI TREVIDI TO PROVIDE NOTICE
TO YOU UNDER THE BELOW LOCAL RULE THAT ONE OR MORE MOTIONS IN THE
ABOVE REFERENCED CASE HAVE BEEN UNDER SUBMISSION FOR MORE THAN
120 DAYS.

7-13. Notice Regarding Submitted Matters


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Whenever any motion or other matter has been under submission for more than 120 days, a
party, individually or jointly with another party, may file with the Court or may ask the Northern
District of California Ombudsperson to provide such notice to the Court a notice that the matter
remains under submission. If judicial action is not taken, subsequent notices may be filed at the
expiration of each 120-day period thereafter until a ruling is made.

PLEASE LET ME KNOW IF YOU WISH TO DISCUSS THIS MATTER FURTHER, AND I WILL
BE HAPPY TO PROVIDE YOUR STAFF WITH MY CONTACT INFORMATION.

RESPECTFULLY,

JUDGE FERN M. SMITH, (RET.)

3. Below is portion of what I submitted to Senator Boxer. They did inquiry and sent
me denial notice received from USCIS. I have contacted senator Feinstein in
Nov. 2016 and senator Kamla Harris , congressman Ro Khanna nothing
happened from legislative branch side.
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Appendix Exhibit 1

This Document contains legal arguments submitted in district court.

Submitted here For EMERGENCY Application.

Legal arguments about immigration denials what I argued in "JOINT CASE


MANAGEMENT STATEMENT" ECF 20(Page2-24) at District court .

a) The Plaintiff alleges that this Court has subject matter jurisdiction pursuant to 8
U.S.C. 1331, Federal question jurisdiction is a subject matter jurisdiction. and 5
U.S.C. 702 et seq.
Compl. at 3, ECF No. 1.
b) A case clearly arises under the Constitution for purposes of 1331 when the plaintiff
claims, that a government officer or employee i.e. DHS officials, acting in his or her
official capacity, injures the plaintiff by taking an action that violates a provision of
the Constitution or statute. The federal question jurisdiction of the district courts also
encompasses causes of action created by federal statutes, such as 42 U.S.C. 1983,
which explicitly authorizes a private remedy for acts that are taken under color of law
and violate rights secured by law. In such cases, federal law both creates the cause of
action, supplying the underlying substantive rules
(Substantive law refers to the body of rules that determine therights and obligations of
individuals and collective bodies. ) that govern defendants conduct, and authorizes
plaintiffs to enforce the rights created.

c) The Supreme Court created a private damages action against federal officials for
constitutional torts (civil rights violations), which are not covered by the FTCA.
Supreme Court recognized the availability of damages and injunctive relief for
constitutional violations committed by individual federal defendants acting under

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color of federal law or authority. District courts have jurisdiction over Bivens actions
pursuant to 28 U.S.C. 1331 (federal question statute). In the immigration context,
FTCA and Bivens claims often are brought together. Bivens actions have a jury-trial
right.
I did mentioned intentional infliction of emotional distress, negligence (also Madhuri
alleged it in her lawsuit complaint as a claim and IIED is a Federal Tort claim) in my
administrative record submissions since 2013, in my I 140 petitions, Ombuds fillings
and OIG fillings. I didnt use word TORT/FTCA but it is implied and inferred. All
defendants knew it ,But the agency didnt care to look into it nor do any investigation.
As per plaintiff pleading Executive branch has been influenced by corporate GE and
government officials prefer to have corporate company on a side. Plaintiff believes that
exhaustion of Federal Tort Claims Act claims with administrative remedy with such
LAWLESS agency is NOT required. If Madhuri would have filled administrative
claim, DHS could have definitely done more harm in retaliation and even take
extreme steps to completely eliminate witness. Hence, District court (under such
extreme Hardship, complex and difficult circumstances) have Jurisdiction for my
FTCA and Bivens Claims.
d) PROHIBITION OF INTIMIDATION OR RETALIATION 8 U.S.C. 1324b(a)(5)
DHS has knowingly tried to cover up my report about GEs unfair employment
practice since 2013. And DHS have retaliated in violation of 8 U.S.C. 1324b(a)(5); even
though DHS has legal authority to investigation these charges, have a hearing, issue
order which requires such person or entity(i.e.GE) to cease and desist from such unfair
immigration-related employment practice. DHS and its officials have deliberately failed
to act upon it in any way. Hence have violated public office duty statutes, committed
obstruction of justice, perjury and witness tampering. 8 U.S.C. 1324b(a)(5) and 8 U.S.C.
1324b as a whole. 1324b clearly states when applicant complains about unfair
employment practices, even though Madhuri complained about all this.

e) 5 US Code 706 Scope of Review :


Also, This provision indicates that the type of judicial review may differ depending on
whether the court is reviewing formal or informal rulemakingsrespectively
substantial evidence or arbitrary and capricious. Congress has sometimes required
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informal, notice-and-comment rulemakings to be reviewed under the substantial


evidence test. However, some have argued that the two standards are the same, and
commentators have stated that the substantial evidence and arbitrary and capricious
tests have tended to converge in judicial review of informal rulemaking. The standard
of judicial review that concerns congressional delegations of legislative authority to
administrative agencies addresses whether an agency action is in excess of statutory
jurisdiction, authority, or limitations, or short of statutory right. The Supreme Court
has stated that an administrative agencys power to regulate in the public interest
must always be grounded in a valid grant of authority from Congress.

5 U.S.C. 706(2)(a) (authorizing courts to strike down agency actions that are
"arbitrary, capricious [or] an abuse of discretion");

Abuse of discretion occurs when agency makes decisions without rational


explanation. Makes decision on impermissible basis.

f) see also 5 U.S.C. 705 ("On such conditions as may be required and to the extent
necessary to prevent irreparable injury, the reviewing court ... may issue all necessary
and appropriate process to postpone the effective date of an agency action or to
preserve status or rights pending conclusion of the review proceedings.").

g) Under federal question jurisdiction, federal statutes provide Plaintiff Madhuri


Trivedi to bring claims in district court for allegations of civil rights violations by the
federal government

h) Plaintiff also bring claims under Supplemental jurisdiction for her claims 28 U.S.
Code 1367 (a)- Supplemental jurisdiction. Joinder of claims. Though Under 28 U.S.
Code 1367 (a) , state claims can be joined with federal claims as long as there is a
federal claim(in my case , even defendants have admitted undisputedly that there is a
federal question jurisdiction and under APA 702; supplemental jurisdiction have
evolved through common law, it is up to the court/judge to look into the light of
current circumstances in which case is presented.)
i) District court has jurisdiction for Trial like proceddings for Eb1 denial for following
reasons;

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The criteria for Kazarian policy memo used in Evaluating /adjuncting EB1 petitions
are not written in the law or any regulation; hence is purely an administratively
created procedure and is described only in guidance for USCIS adjudicators -
specifically, Kazarian USCIS memoranda. As such, the decision to grant any
particular type of I 140 EB1 request is discretionary.
Several Amicus briefs have been filled about criticism of implementation of Kazarian
memo complaining that memo
Exercise abuse of discretion, inconsistency, amorphous- structureless, indeterminate .
After ninth circuit appeal court ruled though; USCIS is not taking common law, prior
court rulings and objective evaluation but it is merely subjective and depends on how
adjunction officer uses his/her discretion in evaluation analysis.
abuse and arbitrary decisions in EB1 /EB2 category by USCIS based on Kazarian
memo
including but not limited to Center for Immigration Services(CIS)-Ombuds as per
August 2015 (EXHIBIT 2 ) Stakeholders report that adjudications under this policy
memorandum have been inconsistent. The Office of the Citizenship and Immigration
Services Ombudsman makes these recommendations to improve predictability and
transparency in adjudications of extraordinary ability . The Ombudsman
recommends that USCIS:
https://www.dhs.gov/sites/default/files/publications/cisomb-
rec_extraordinaryability_petitions.pdf

1. Conduct formal rulemaking to clarify the regulatory standard, and if desired,


explicitly incorporate a final merits determination into the regulations
and.

The Administrative Procedure Act (APA) prescribes the process for agency rulemaking
and was written to bring regularity and predictability to the decisions made by executive
branch agencies.58 Generally, the APA ensures that the public has an opportunity to
provide input in how federal statutes are applied by the executive agencies charged with
their enforcement. The various rulemaking procedures set forth in the APA provide the

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public with:

A notice of proposed rulemaking published in the Federal Register;


The opportunity to submit, in writing data, views, or arguments pertaining to the
proposal;
A statement of the agencys reason for proposing the rule and the legal authority
upon which the proposed rule is based; and
A 30-day notice before the new rule goes into effect.5
The use of the APA rulemaking process would assist both adjudicators and stakeholders
to clarify the adjudicatory standard for EB-1-1, EB-1-2, and EB-2s. APA rulemaking
provides the opportunity to submit written comments to the proposed rule and requires a
statement from the agency explaining how it responded to the public comments. The APA
rulemaking process would provide substantive standards for ISOs to use in adjudications,
and for individuals and employers to use in preparing petitions. USCIS could promulgate
regulations to formally establish an objective two-part Kazarian-derived test as the
standard by which evidence offered in support of all EB-1-1, EB-1-2, and EB-2 petitions
must be evaluated. If public comment were negative, USCIS could incorporate reasonable
suggestions into a revised rule to accommodate legitimate stakeholder concerns.

Reasons for recommendations:

Stakeholders are concerned that the current I-140 policy memorandum allows for too
much subjectivity for adjudicative petitions. Stakeholders presented in amicus curiae
briefing to the USCIS Administrative Appeals Office (AAO) that the Kazarian decision
does not require USCIS to implement a two-part review and that application of the I-140
policy memorandum has not resulted in a clearer adjudicatory standard.

USCIS Immigration Service Officers lack guidance that clearly demonstrates the nature
and type of evidence that typically establishes whether an individual possesses
extraordinary ability, Like an exercise of discretion, a subjective consideration of facts
does not mean the decision can be arbitrary, inconsistent or dependent upon intangible or
imagined circumstances. how to apply subjectivity without leading to arbitrary or
inconsistent adjudications.

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The I-140 policy memo contains numerous examples of what does not constitute proof of
extraordinary ability. However, it does not provide adjudicators with affirmative
examples of the type of evidence that satisfies the governing law; outstanding
professor/researcher status; and, exceptional ability. Although these categories are

too broad for USCIS to produce any type of exhaustive list of examples, solid training
materials containing approvable examples, from which adjudicators could extrapolate,
would significantly improve the quality adjudications. Affirmative examples could be
developed by expanding upon the brief descriptions of the various criteria used by USCIS.

CONCLUSION

These recommendations seek to address stakeholders concerns with inconsistent and


subjective adjudications.

Rulemaking would provide the forum for USCIS to receive stakeholder concerns and
formally respond.

Plaintiff argue that the defendant's knowledge that

>Defendant Donald Neufeld denying Madhuris B1 business visa a week before


arbitration hearing (stating in denial letter to leave the country);

>would as a result make her unavailable to testify/conduct her arbitration hearing

>have been enough to fulfill the intent and other retaliatory requirement.

Plaintiff argue that the defendant's knowledge from Madhuri I 140 petition with
sequence and correlation of day/time that she is working with Quitam attorney and
have been in communication with FBI ;

>denying Madhuris I 140 petition, 765 petition for work authorization and NOT
give her in any way work authorization ; stating in denial letter to leave the
country (obstruction of justice, witness tampering, violation of 8 CFR 1324b(a)(5) )

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>would as a result make her unavailable and unable to pursue Quitam case, and
also

current Ninth circuit lawsuit against DHS. And also prevent her from growing her
start up in healthcare field and/or work for Harvard medical school

>have been enough to fulfill the intent and other retaliatory requirement.

Actus Reus(action) and Mens Rea(intent)


A man who performs an act which it is known will produce a particular result is
from our common experience presumed to have anticipated that result and to have
intended it. Allen v. United States, 164 U. S. 492, 496 (1896) ; see United
States v.Aguilar, 515 U. S. 593, 613 (1995) (Scalia, J., dissenting) ([T]he jury is
entitled to presume that a person intends the natural and probable consequences of
his acts) see also G. Williams, Criminal Law 18, p. 38 (2d ed. 1961).

On December 2015, as shown in (EXHIBIT 1), Plaintiff Madhuri went to San Fracisco
USCIS

office (which defendant didnt admit, omitted and mislead court in their answer
paragraph 87). Upon called as a witness at the trial in this case to testify, the USCIS
officer would agree that Plaintiff Madhuri showed her all immigration documents
pertaining to her EB1-extra ordinary petitions; upon reviewing those, she stated that
Madhuri is a person of extra ordinary ability. She stated that , Madhuri is eligible
under EB1- I (USCIS officer)can see that but San Francisco office does not adjuncate
petitions hence she cant adjuncate. Madhuri persuaded to expedite petition process on
extreme hardship-financial, economic loss to a person/company and distress. That USCIS
officer stated that in to me ,you look fine , and she was willing to submit expedite
request only on humanitarian basis (and not extreme hardship) and hence she submitted
that.
None the less, MESSINA vs. U.S. CITIZENSHIP AND IMMIGRATION
SERVICE[3]underscores the basic administrative law tenet, which applies to every
regulatory agency, that an adjudicator may not only look to evidence which supports the
adverse decision but rather, must consider the entire record, make specific findings, and
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reach cogent conclusions concerning all relevant claims which have a bearing on the
outcome of the decision.

The Supreme Court instructed lower courts to reject an agency decision as arbitrary and
capricious if it either failed to consider a relevant factor or relied on an impermissible
factor.

Madhuri given that the complaint alleged conspiracy based on information and belief,
and
because it did support that allegation with sufficient subsidiary factual allegations.

I have solid engineering tenure, qualifications, business credentials including


education from
prestigious MIT Sloan school; a person of extra ordinary ability . I submitted my
response to request of evidence to USCIS in November 2014(In this response I mentioned
communication with Quitam attorneys and FBI; so they mostly took my INSIGHTS about
precision medicine seriously). In my 63 pages response letter (and also in April 2104
original submission), I heavily wrote about personalized/precision medicine, my EB1 level
contribution and that I continue want to work in it. Robert Cunningham also wrote about
this in his letter(EXHIBIT 1 and 2 of plaintiff complaint). White House most likely Using
/stealing my ideas and implementing it while keeping me in DITCH (It also shows how
even though being eligible for EB1 ; I have been unlawfully denied that visa ). When I
shared Whitehouse precision initiative information with Pate Hale; he wrote me back
that he agrees to my thoughts about White House using my ideas and implementing
them, it is good that at white house level people are getting motivated.

Administrative record: Filling of Madhuri Trivedi document named Response


Letter in November 2014 and October 2015.
Page 50 of 63
I want to continue work in genomics/personalized medicine/bioinformatics and follow
my passion for it. I believe this century is "Biology"'s century and I want to/look
forward be part of it.

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Predictive and personalized medicine by using genome sequencing and stem cell
research; It allows physicians and healthcare professional to use genomic information
to predict diseases a person may get, prevent such diseases all together in advance by
personalized medicine or minimize the impact of that diseases and find cure for life
threatening disease. This would be first step towards whole new era of medicines, drug
discovery and emerging medial field. Find mutations and cure diseases like cancer.
Technological advances would make it possible to manage incurable and chronic
diseases; help patients, families, physician and healthcare providers to work closely
and have access to right information at right time and make smarter decision and
provide smart care. Making Technologies feasible, available and affordable would bring
new revolution in healthcare.
Motivation and passion are keys to make differencethis give me tons of energy to
work on such projects; to combine solutions that have not been brought together.

I am never tired of working, learning new things in healthcare. I have worked nights
and weekends with a drive to do an excellent work in improving health care for
families across America and across the world

$3.1 trillion U.S. health-care industry continue to adapt to new technologies, solutions
and a way to provide quality care to more people in cost-effective manner.

I believe in entrepreneurship, I have strong passion and aptitude for entrepreneurship.

Page 51 of 63

I have extensive experience working in start-up, entrepreneur companies as well as


mid to large corporations in important and growing technology areas in the US such as
bioinformatics, genomics, and genomics instruments, and personalized medicine
development. Allowing me to continue work in US and in these fields would contribute
to improving US healthcare systems and reducing healthcare costs. Approving of this
petition would allow her to continue work in leading engineering role in this area at
distinguished institute at Wyss institute Harvard Medical School.

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I intend to continue to contribute in innovative work projects. I have consistently


delivered results that generated millions of revenue and delivered values to stake
holders. Page 52 of 63

Extensive experience working in start-up, entrepreneur companies as well as mid to


large corporations in important and growing technology areas in the US such as
bioinformatics, genomics, and genomics instruments, drug discovery and personalized
medicine development. I intend to continue to contribute in innovative work projects. I
have consistently delivered results that generated millions of revenue, made significant
and original contributions and delivered values to stake holders.

Below is a white house announcement on January 2015.

It's health care tailored to you. (https://www.whitehouse.gov/precision-medicine) .

In his 2015 State of the Union address, President Obama announced that he's launching
the Precision Medicine Initiative a bold new research effort to revolutionize how we
improve health and treat disease.

Until now, most medical treatments have been designed for the average patient. As a
result of this one-size-fits-all approach, treatments can be very successful for some
patients but not for others. Precision Medicine, on the other hand, is an innovative
approach that takes into account individual differences in peoples genes, environments,
and lifestyles. It gives medical professionals the resources they need to target the
specific treatments of the illnesses we encounter, further develops our scientific and
medical research, and keeps our families healthier.

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I also called white house main line in April 2015 and spoke with volunteer about
my whole situation and she said she will notify Obama administration about this. As
per her instructions, I also wrote a letter online to Whitehouse requesting that I need
assistance with a federal agency DHS. In that letter also I mentioned personalized
medicine.

As stated by Pat Hale in (EXHIBIT 3 )of plaintiff complaint that President


Obama also awarded founder of 20 people start up where I worked(genomics)
Dr.Jonathan Rothberg ; again while keeping me in this hostile situation.

These email from FBI supervisor is of probative value; to assert cause of action and
claims I raised in my complaints.
Begin forwarded message:
From: "Wible, Clayton M. (MW) (FBI)" <Clayton.Wible@ic.fbi.gov>
Date: August 25, 2015 at 6:37:26 AM PDT
To: Madhuri Trivedi <mcis99@gmail.com>
Subject: RE: Please contact US att General Loretta Lynch
Madhuri,

As we have discussed before, I am unable to intervene or lobby on your


behalf. While the following does not represent legal advice, I can only suggest
the very action(s) I have suggested in the past: hire new, or keep working with
existing, legal representation to address your immigration matters. For the
above reasons and more, I cannot and will not be contacting AG Lynch as you
requested.

Sincerely,

SSA Wible

From: Madhuri Trivedi [mailto:mcis99@gmail.com]


Sent: Monday, August 24, 2015 6:39 PM
To: Wible, Clayton M. (MW) (FBI)
Subject: Please contact US att General Loretta Lynch

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Please help me and ask her for help... Apology for bugging you.. Thanks in
advance..

After I raised several unsuccessful concerns during my arbitration about GEs


performance appraisal system where i.e. In Madhuris case even though my
performance was fine ..GE framed me in Growth Value(soft skills) as a way to get rid
of me for raising quality and safety concerns. After that last year or so; GE has
abandoned its performance appraisal that GE used for me.(GE abandonment of it
performance appraisal system after Madhuri bring claims in arbitration ALREADY
PROVES that Madhuri is a PERSON OF EXTRA ORDINARY ABILITY- my
management insights GE used) As a federal agency officials ; it is their public duty to
look into this case of unlawful retaliation and termination and not let Madhuri suffer
in Immigration terms as a result of GEs unlawful conduct.
Congresswoman Tulsi in Hawaii as she is the ONLY Hindu congress person, her office
has my
documents. Their office manager ANYA have stated that for keeping you in this
situation like this; GE and immigration people needs to be in a JAIL. This is again a
DICTA. Her office forwarded my matter to Mike Honda and nothing came out from Mike
Hondas office.

Given I have tried Article I, Aticle II branches to get justice with NO SUCCESS in this
lawless environment, now it rests on Article III branch. Though I havent gone into
All Writs Act, but would like to bring jurisdiction All Writs Act provide and judge can
issue WRIT to grant relief to plaintiff as she requested. We , as Humanity have many
serious problems to work on and find solutions.
When I reported security issues at GE product and whistleblowing activity; in my B1
visa
documents in October 2013, and that denial letter which was signed by Donald Nuefled in
April 2014 (EXHIBIT 4) even though being Department of Homeland Security official ,
Mr. Nuefled ignored to at least have an special counsel assigned as per 1324b ..nor did
any investigation and told me in a letter even though he knew that I had an arbitration
hearing next weekThis clearly is a crime. Essentially, the crime is where a person,

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having a public duty entrusted to him, willfully neglects to carry out that
dutyReporting to public about security issues/defects in 100,000 medical devices and at
least doing investigation; is public duty of DHS officials. Donald

Nuefleds deliberate failure to perform a duty owed to the public, with serious potential or
actual consequences for the public. During my conversation with FDA official Charles
Meyer (Plaintiff complaint EXHIBIT 12) in February 2013, Mr. Meyers did
acknowledged that GE defects I reported are not acceptable by FDA and he wants to do
public release today but there is a loophole. Untill unless FDA finishes investigation , he
cant do public release. (GE general manager Josh Hanna knew that and told me that it
will take FDA years to come after us, we have screwed up, but by the time FDA will come
after us, Madhuri-you will be gone to India) In December 2015 , FDA is proposing new
rule in federal register about public release of emerging signal of defects and issues of
medical/pharma products and services. I am glad that FDA took it seriously after
numerous communications I had with them.

GE spends billions in Lobbying this is a FACT everybody knows; and I am seeing


GEs lobbying money investment is working very well in their favor and how they are
getting away from fraud prosecution and my employment case. As Pat Hale also
agreed/nodded that by spending lobbying money by GE such crisis and government
taking legal action against GE can be avoided. Also government and public /private
sector use revolving door policy.
Plaintiff sees the legal issues as: In this case, it is striking that USCIS failed to
conclude that the Plaintiff, a gifted engineer/technocrat who is clearly engaged in a
continued endeavor to work in her field of expertise and whose presence will
substantially benefit the United States, failed to satisfy even one of the remaining
three-of-ten regulatory prerequisites for an extraordinary ability visa.
U.S. v. Cardozo-Fonseca, 480 U.S. 421 (1987) (if the petitioner submits relevant,
probative, and credible evidence that leads USCIS to believe that the claim is
probably true or more likely than not, the applicant or petitioner has satisfied the
standard of proof). Including but not limited to Support letter from a Pat Hale
president of International council of systems engineering(INCOSE) and a director of

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systems design and management program at prestigious MIT is a credible evidence, so


does a letter from Harvard medical executive Robert Cunningham, a start up veteran
and director of MIT entrepreneurship club of Northern California Vandana.Letter
from Philips healthcare manager does not have exact word for EB1, but it does
states.
Alien had constitutional standing to challenge the denial of her petition for an
employment visa (with job offer from Wyss Institute/Harvard medical executive
Robert i.e. Exhibit 1 in plaintiff complaint)under the Immigration and Nationality Act
(INA); alien lost a significant opportunity to receive an immigrant visa, ability to
continue stay in a country where she invested 13 years of her life and contributed in
extra-ordinary capacity and that lost opportunity was itself a concrete injury, and a
favorable decision would redress that injury. U.S.C.A. Const. Art. 3, 2, cl. 1. (It is
undisputed fact between plaintiff and defendants that Plaintiff is a person of exception
ability/advanced degree/national waiver category i.e. EB2 ; as proven from PERM
labor certification and defendants admitting that in answer to my complaint and in
Motion to dismiss in Part; despite DHS is knowingly being lawless and harassing
me..This clearly shows DHS officials are reckless ).Whether agency while making its
decision to unlawfully deny petition considered relevant factors and articulated a
rational connection between the facts found and choice made.

If the agency fails to consider the evidence and make the proper findings on all
relevant issues, the court will oblige and make findings which may not be palatable to
the agency.
Claim of liability under the Civil Rights Act if the intentional infliction of emotional
distress TORT was committed while the defendant was depriving the plaintiff of
federal rights under color of law, including but not limited to Equal protection clause
under US constitution, where similarly situated class of people would have not told to
leave the country and as a result prevent from pursuing arbitration and False claims
Act case, Immigration visa petitions.
The causal relationship for retaliation case, causing injury; The defendant ;be officials
such as the named defendants, to whom GE has influenced for the immigration denial
decision and GE withdrew my H1 even though I was undergoing mediation/arbitration
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(and Immigration officials knew about it, despite didnt take any action EXHIBIT 11
from plaintiff complaint). The Court views this as "successful retaliatory inducement
to put Madhuri in a situation in which Madhuri is currently". The required causal
connection is therefore between the retaliatory motive of one person(GE/USCIS ) and
the action of another (USCIS).
In Dr. Kazarians own words: I have lived in America and contributed to its
astrophysics research interests for so long, I cannot consider myself as anything other
than an American scientist. Beyond the implications for my immigration status, I am
frightened for the future of this country I love so much when I see the great pains its
government is taking to ensure that brilliant scientists who offer nothing but a benefit
to America are forced to leave. If the terrible USCIS policy bearing my name is not
reversed, it will be the final nail in the coffin for American innovation and economic
progress. - See more at: http://connect.wolfsdorf.com/?p=974
Virtually every member of the immigration bar is familiar with Dr. Kazarians plight
and the Wolfsdorf Immigration Law firms successful 9th Circuit petition for panel
rehearing on his denied extraordinary ability petition.
The Buletini holding has been followed for years and was subsequently echoed in
Muni v. INS, 891 F.Supp. 440 (N.D. Ill. 1995). The Muni Court confirmed USCIS
decisions cannot rest on an impermissible basis which is against the weight of the
evidence and deviate[s] from its own policies and precedents. Sadly, USCIS Interim
Memo and Policy Memorandum have ignored the clear findings of the Buletini and
Muni Courts, which clearly articulated the appropriate method of analysis for USCIS
adjudication of extraordinary ability, outstanding professor/researcher, and
exceptional ability immigrant visa petitions. The Kazarian decision does not support
the approach outlined in the Policy Memorandum; indeed, it explicitly condemns the
implementation of new regulatory and evidentiary requirements.
Defendants have exhibit 7 of plaintiff complaint . Where plaintiff submitted with
evidences i.e. credible evidences, true analysis stating why Madhuri meets three of ten
EB1 criteria and final merit determination (Though final merit determination along
with whole adjunction of EB1 process has been widely criticized as inconsistent,
abusive, subjective in nature to adjuctive officers personal experience and discretion),
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support letters from highly distinguished/ credible individuals, detailed resume,


chronological facts.

As the Adjudicators Field Manual recognizes, Even in non-discretionary cases, the


consideration of evidence is somewhat subjective. USCIS officers could wield (have and
be able to use (power or influence). ) its discretion through arbitrary denials, creating an
unfair and unpredictable process in EB1 selectivity process.

One report indicated that adjudicators have an average of twenty-three minutes to decide
an EB-1-1 case. AILA recently noted that these cases are often complicated and require
an in-depth understanding of an applicant's field of endeavor, the applicant's
qualifications, and the complicated legal standard. [87] Numerous commentators have
called for adjudicators to visit research facilities and national laboratories, as occurred
during the limited collaboration between the California Service Center, the California
Institute of Technology, and NAFSA (an association of international educators). USCISs
resource constraints make this prospect unlikely. An officer with a liberal arts degree and
twenty-three minutes to review a petition simply does not have time to familiarize
himself with a highly specialized field. the [USCIS] has effectively established itself as
an expert in areas where its expertise is most assuredly lacking.

Questionable agency actions of DHS privilege, backed by and supported by


government

An abuse of discretion is a failure to take into proper consideration the facts and law
relating to a particular matter. Positive use of discretion would have resolved this
disputes....If Obama admin is trying to keep illegals here.try to send me back and
remove me from USA is also abuse of discretion by DHS. It also shows how desperately
DHS people want to harass me under GEs influence. (JUST so to set up an
example/send a message for all current /future GE employee that if you speak up as a
whistleblower /fraud/security/qualityyou will be put in a situation like Madhuri and
also clearly sending a message that not a single government body will be on a side of
JUSTICE ; rather on corporate GE side.)

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The First Amendment right to criticize public officials is well-established and


supported by ample caselaw; a public official's retaliation against an individual
exercising his or her First Amendment rights is a violation of 1983.
1. Biven action claims and clarification even done at District court level
1) while the defendant was
depriving the plaintiff of federal rights under color of law.

Joint case management statement ECF 20, page 22 line 5: while the defendant was
depriving the plaintiff of federal rights under color of law, including but not limited to
Equal protection clause under US constitution, where similarly situated class of people
would have not told to leave the country and as a result prevent from pursuing
arbitration and False claims Act case, Immigration visa petitions. The Fifth
Amendments Equal Protection Clause directs that all persons similarly situated should
be treated alike

Plaintiff did mention punitive damages in her complaint pleadings. And that was for
individual capacity based claims.

2) Court generally allows amendment; while this is also clarification and to resolve
ambiguity. Supreme court of United States in Foman v. Davis 371 U.S. 178 (1962) Rule
15(a) declares that leave to amend "shall be freely given when justice so requires"; this
mandate is to be heeded. See generally, 3 Moore, Federal Practice (2d ed. 1948), 15.08,
15.10. If the underlying facts or circumstances relied upon by a plaintiff may be a proper
subject of relief, he ought to be afforded an opportunity to test his claim on the merits. In
the absence of any apparent or declared reason -- such as undue delay, bad faith or
dilatory motive on the part of the movant, repeated failure to cure deficiencies by
amendments previously allowed, undue prejudice to the opposing party by virtue of
allowance of the amendment, futility of amendment, etc. -- the leave sought should, as the
rules require, be "freely given."

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Defendants could not demonstrate bad faith or dilatory motive on Plaintiffs part. To the
contrary, Plaintiffs seek to amend /clarify these claims to more thoroughly frame the
relevant constitutional issues before this Court.

I. The Efficient Administration of Justice Requires That Plaintiffs be Given Leave to


File an Amended Complaint
II. Defendants Will Not Suffer Substantial Prejudice, and There Is No Other Reason
Plaintiffs Should Not Be Given Leave to Amend
III. Plaintiffs are entitled to amend their complaint because their amendments would
not be futile

Defendants will not be prejudiced by Plaintiffs amended complaint. The liberal concepts
of notice pleading is to make the defendant aware of the facts. Harrison, 174 F.3d at 253
(emphasis added) (quoting Hanson v. Hoffman, 628 F.2d 42, 53 (D.C. Cir. 1980)).
Accordingly, a plaintiff is not bound by the legal theories originally alleged unless a
defendant is prejudiced on the merits.

3) Thus adding/clarifying Bivens claim does not substantially change the legal theory at
this early stage of litigation.
4) The court must construe the complaint in favor of the plaintiff and grant plaintiff the
benefit
of all inferences derived from the facts. Schuler v. United States, 617 F.2d 605, 608 (D.C.
Cir. 1979).

5) 28 U.S.S. 1391(b) Biven venue personal injury actions.. 5th Amendment Equal
Protection Clause: and due process cause to have a hearing.
Providing a remedy under Bivens: Serves to deter future constitutional violations by
holding federal officers accountable for unlawful actions

Claim for damages arises directly under Constitution without explicit statutory cause of
action (implied constitutional cause of action)

Money damages for constitutional tort committed by defendant acting under color of
federal law/authority
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Biven cause of action:

Plaintiff has a constitutionally protected right;

Federal officer acting under color of federal law/authority violated that right;

Plaintiff lacks a statutory cause of action, or an available statutory cause of action


does not provide a meaningful remedy; and An appropriate remedy, namely
damages, can be imposed.

6) Below email is from attorney David Nelson at from Boies, Schiller & Flexner LLP.
David looked in to my voluminous GE documents and stated that Madhuri has SEC
security Exchange commission claim . Because of my immigration situation (partly
due to GEs Godzilla influence )that SEC right also hasnt been exercised.
From: David Nelson <dnelson@bsfllp.com>
Date: Mon, Jun 23, 2014 at 9:21 AM
Subject: RE: should I send my deposition ?
To: Madhuri Trivedi <mcis99@gmail.com>
Cc: Aaron Marcus <amarcus@bsfllp.com>
Madhuri, today is hectic and I have some meetings tomorrow. Is Wednesday possible for
you at some point? Dave

David Nelson
BOIES, SCHILLER & FLEXNER LLP
401 East Las Olas Blvd. Suite 1200
Fort Lauderdale, FL 33301
(Ph) 954.356.0011
(Direct) 954.377.4233
(Cell) 954.213.8810

7) Biven claims against individually named defendants. Under fifth and fourteen
amendments of constitution . Right to have a hearing. Donald Neufeld (defendant
)signed a denial letter in April 2013 (Exhibit 4 of ECF 4 Plaintiff Joint case
management statement) knowingly a week before my arbitration hearing and

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threatened that Madhuri Must leave the country immediately. Madhuri had a Due
process constitutional right to have administrative hearing and court proceeding for
her immigration matter in immigration content along with exercising 8CFR 1324 b
unfair employment practice . Donald prevented Madhuri from exercising such
constitutional rights .
The Requirements of Due Process.Although due process tolerates variances in
procedure "appropriate to the nature of the case," it is nonetheless possible to identify
its core goals and requirements. First, "[p]rocedural due process rules are meant to
protect persons not from the deprivation, but from the mistaken or unjustified
deprivation of life, liberty, or property." Thus, the required elements of due process are
those that "minimize substantively unfair or mistaken deprivations" by enabling
persons to contest the basis upon which a State proposes to deprive them of protected
interests. The core of these requirements is notice and a hearing before an impartial
tribunal. Due process may also require an opportunity for confrontation and cross-
examination, and for discovery; that a decision be made based on the record,

Defendants have admitted in all of their court fillings that Madhuri s right related to her
ex employer GE for HIPPA violations, Patient safety act, civil rights , 8CFR 1324b , False
claims act. Despite Have knowingly and intentionally deprived Madhuri from exercising
those rights.

a) Individually named defendants violated my rights


b) These rights were clearly established at the time of defendants conduct.
Gregory Richardson-defendant had a knowledge as Madhuri mentioned in her
immigration petition fillings about her communication with FBI , FBI stating that GE
matter is False claims act matter and Madhuri working with False claims Act
attorney Andrew Beato. (ECF -1 complaint exhibit 5,6,8). False claims act has a
retaliation provision which prohibits employer from retaliating against employee who
reported such fraudulent action (apart from monetary compensation). Under False
claims act retaliation claim and protection as a whistleblower Plaintiff Madhuri had
constitutional right to address her immigration situation caused by GE/USICS and
seek appropriate remedy /relief in IMMIGRATION CONTEXT (due process , have a

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hearing , equal protection right clause under constitution ) Constitution also prohibits
retaliation to whistleblower (including but not limited to for both False claims act and
8CFR 1324b)when whistleblower reports disparate treatment under gender,
nationality, race , discrimination again in Immigration context.

If USCIS since May 2015 is giving unrestricted work authorization to spouses of H1B
visa whose green card is pending (total up to 80,000 work authorization to be given in
first year only); NOT giving Madhuri immigration work authorization violated Equal
protection clause , also Madhuri is NOT Married so she has been treated differently .

2. Whistleblower capacity as per supreme court in DHS vs MacLean


Oral arguments have been standard in whistleblowing is do you reasonably believe -
that there is a specific and substantial danger to public safety and health.? . and
uncovered a violation of matters relating to specific danger to public health or safety.
" Congress each time has looked at this situation and has said every single time, we
need more whistleblowers to come forward, because that's the human failsafe against
a machine bureaucracy; it is so hard for whistleblower to come forward. in name of
public interest such whistleblower put their own job in line... Chief Justice John
Roberts announced opinion and stated That statute protected employees who
disclosed information revealing any violation of any law, rule, or regulation or
revealing a substantial and specific danger to public health or safety.

2.1. Though this applies to government employees under WPA ..using this common law

doctrine application to non-government employee as well statute protect employees-


Plaintiff Madhuri Trivedi when I released similar danger to public health and safety .
And as a result have systematically and consistently suffered retaliation from GE and
DHS. From defendants lawsuit documents it is clear that DHS is admitting that DHS
as an federal agency has no obligation to protect Madhuri and does not care to redress
unlawful situation Madhuri has been kept in.In Plaintiff Madhuri case ;. Releasing highly
defective, serious performance issue ;

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product Insite Exc was dangerous and illegal I put my own job and immigration
in line NOT realisign then that I will end up dealing with 500 pounds of corrupt/Lawless
government and GE. Madhuri talked to supervisor , team lead , executives at GE..but
since they were knowingly releasing it for several years ..they retaliated Later I
reported to FBI, DHS ,talked to FBI agents

>>> slide number 3


Open Issues: 465 Design Non-Conformances means serious defects for several years...

>>> slide number 2 Not-so-Good News


We have been experiencing a large number of issues on the device-facing side of the application. This
means that even though users can get into the Questra app, they cannot use remote service features of
the application. We have mechanisms to detect this issue, but not to do trending on it.
DHS hasnt given sufficient weight to the fact that an agency /agency officials have duty to lawfully
address such public policy violations.

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Second quarter Review showed a massive decline in performance in February.

Investigation found that was a measurement error. We can now see our performance is
gradually getting worse as new devices are added, which matches the reports we are
getting from users.

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EXHIBIT 2 EB1 Immigrant visa I 140 application page 1 filed with
USCIS

***************

****** ******
=************************
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EXHIBIT 3

Law Offices of Jeff Goldman LLP Cambridge Innovation Center


One Broadway (Kendall Square)
Cambridge, MA 02142

All correspondence goes to:


125 Washington Street, Suite 204
Salem, MA 01970

TEL: (978) 219-5040


FAX: (617) 977-0928
www. jeffgoldmanimmigration. com

August 9, 2013

GE Health Services
3114 Nmih Grandview Blvd.
Waukesha, WI 53188

Attn: Michael Swinford, CEO and President, GE Global Services

RE: Unlawful termination of employment of Madhuri Trivedi

Dear Mr. Swinford,

I represent Ms. Madhuri Trivedi regarding the above-captioned matter. Ms. Trivedi has been an
outstanding employee in the GST division since November 2011, and was unfairly terminated in
June 2013. Despite getting consistent high marks for her work product and expertise, and
despite the fact that many of her reviews have praised her work, she was terminated based on one
or two managers deciding that they did not want to work with her.

Permit me to get right to the point: what Ms. Trivedi wants is her job back with GE, and to be
moved to a different division. Despite the fact that I think Ms. Trivedi should pursue several
claims against GE for unfair termination of employment and being forced to work in a hostile
environment, she wants to put this behind her, waive all rights regarding the unfair termination in
exchange for GE giving her a similar job in a different division, plus immediate continuation of
the green card process which was abruptly stopped when she was terminated.

Here is a brief summary of the issues that I think Ms. Trivedi would be able to successfully make
both in the comiroom and the media if this case is not immediately settled:

Being subjected to a hostile and unprofessional work environment, from managers to


colleagues, including but not limited to:
a. One colleague who regularly surfed the internet for guns and gun-related information
and who at the time of the savage murder of innocent people at the Sikh Temple in
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Exhibit 4

Orange Health
Simple ways to take control of your health

Prepared By: Madhuri Trivedi

Confidential & Non Disclosure

OrangeHealth
a peer to peer platform-usable & secure for
health management & engagement; DRIVEN
By artificial intelligence.
(phase 1) interested in healthy living, manage chronic condition.
The company aims to provide support, advise, expertise through
peer to peer interactions; users can be anonymous.
By driving accountability, purpose and context through
communities and measurement/analytics though fitness/health data
integrated(phase 2).
Prevention is better than cure by managing chronic condition such
as a hyper tension future stroke and disability can be prevented. US
cost saving $200B global double US number.
chronic disease is the leading cause of death and disability
Confidential 2
worldwide.

Confidential 1
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Market Need
While working as lead engineer, I build Chronic condition
management portal in rapid app development. We were team of
two. Blue cross blue shield, Molina, Emblem were delighted when
product was demo and it generated multi million revenue in first
year.
Peer to peer engagement is a holy grail for consumerization of
HC. Patients now turn to other patients online for health
information and advice in a phenomenon known as peer-to-peer
healthcare.
The mHealth market is poised to grow to $41 billion by 2020 and
experts credit the expected growth to chronic disease
management .

Confidential & non disclosure 3

Above: Circles of Influence in Self-Management of Chronic Disease by World Health


Organization

As per World Health Organization, China, India ,USA are among the top
three countries with a high number of diabetic.

415 million people have diabetes in the world.

Confidential 4

Confidential 2
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Team
Madhuri Trivedi Founder, CEO MS PGDBA
Extensive experience in product & software development in multiple industries-
healthcare industry, health insurance, medical device integration, Life science,
Security; working in Fortune 50 corporations as well as start-up, entrepreneur
companies. Lead software engineer for General Electric, Senior Engineer
MedAssurant, Software engineer for United Technologies,
MIT Sloan school of management
MS computer information science Cleveland state university
Medical director Dr. Jody Ellen , MD, MBA finance
Board Member
Pat Hale MIT Sloan school of management
Advisors
Robert F Hogan Founder, CTO Softshadow Security

Confidential 5

Product Roadmap
Phase 1 User Portal -mobile app
login for people interested :Target areas :in healthcare/wellness
for i.e. healthy living , Chronic conditions .Ability to be
anonymous user.
 Based on the profile they create regarding their interest(s).
 Community and peer to peer interaction that fosters accountability;
leading people to stick to their self management goals for healthy
living, condition management.
Leverage Power of tribe- Most people have tribe/group but are
not engaged with purpose.
Bridge the gap between data from tracking device and social
alone..
Provide context and purpose ; drive accountability
Tribe level- group goals, measurement, incentives-celebration
and rewards. Built trust and support network.
Confidential 6

Confidential 3
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Product features
Coupons and
membership
Anonymous login Join Tribe Set End results discounts

Deep Machine
Set actions plan Measure Learning Support
Analytics

Refer to health
resources Find fittest
Celebrate
website, material member in tribe

Seek advise/ask
questions Community
Chat bot discussions
Confidential 7

Product features
Watch risks/factors
Manage
Junk food high
sugar, insulin
resistance
Hypertension
unhealthy diet

Diabetes lack of physical


activities

Stress mgt (Cortisol


nutrition awareness)

tobacco use
etc

Confidential 8

Confidential 4
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Architecture

Cloud
Mobile App Json Web service Backend
Hybrid
Cassandra

Chat bots Algorithm for tribe

Analytics

Confidential 9

10

Confidential 5
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11

12

Confidential 6
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Product Roadmap
Milestone 1-250k or less six months
functioning app People can share, support each other with
such/similar condition/interest, volunteer to provide
support/service/share their experience and expertise, seek
information.
Free login (to create market and engage customers)
in future Offer advanced service features with premium login
Sales & marketing /business
Integration and partnership with
Health plans and services
o Private/public health insurance companies and plans/hospitals.
o Physician and specialist network
Get their input and feedback at early stage i.e. pilot customers to
drive requirements.
o They also want to have social voice.
Confidential 13

Competition
Market currently is fragmented. People use website(s)/app for few
features here and there.
There is need for people to stay connected and stay informed; get
support , share, seek advise.
Need to get common, simple theme based product(s).
Currently Viverae offers service staying motivated and other
wellness. But it is like facebook group, not much offerings and
features are not that appealing, usability & design needs work. Not
much activities in public app. Seems passive. App has limited
features in public level app.

Confidential 14

Confidential 7
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Funding

Raise seed funding of $200k -$250k do it in stages


Milestone 1 : First build basic version for 50-100 pilot customers
Add more features and incorporate feedback.
Milestone 2 : After Six months launch first beta in US, Indian
market Minimum viable product (MVP)
Milestone 3: Add Bells and whistles

Cost will include development cost , marketing & distribution cost,


legal cost (if any)

Confidential 15

Pricing
Pricing

Number of customers 1 year(US) 250,000


Number of customers 1 year(India) 500,000
Total customers 750,000

revenue from Advertising $100,000

Total revenue $1,600,000

Confidential 16

Confidential 8
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Pricing

Company First 2 years(annual)


Total Estimated Market Size $600,000,000.00
Percentage of Market to be
Captured 1%
OHC market share $6,000,000.00
Intial start up cost/funding
/staged $250,000.00
Gain $5,75,000.00

ROI 14%
Confidential 17

Confidential 9
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EXHIBIT 5

Dear Immigration Officer,

This letter is regarding employment of Madhuri Trivedi at Wyss Institute, Harvard University.
Madhuri will be eligible for a full time job that may be an existing or new position. Her job
title/job role would be Lead Software Engineer or the equivalent in a software engineering
role/capacity Her responsibilities may include the development of publicly available software for
calculating the 3D and functional sites of protein interactions and complexes from genomic
information. Madhuri would be expected to oversee version control of code development, turn
research code into pipelines for use by internal researchers as well as collaborators, and
develop publicly available software in the research area of identifying evolutionary constraints
from sequences; will also work with the researchers as the project manager for collaborations
with other faculty on structure determination of membrane proteins and complexes. This
position is Salary Grade 057 has a range of starting salary of $60,200 to $102,200. Our
software development group is located at the Center for Life Science Boston Bldg., 5th Floor, 3
Blackfan Circle, Boston, MA 02115.

The Wyss Institute is a rapidly growing organization with many R&D projects that require
programing and related skills. Madhuris experience qualifies her for the following duties and
she will be performing such duties when hired (it may vary based on the project she is working
on):

Lead software design and development /product development for products and systems. Work
on full product development life cycle of requirement gathering, requirement analysis, high level
design, development, testing. Interact with teams to promote consistency and maximize
synergies across software platforms. Work with interdisciplinary teams including robotics,
manufacturing, and instrumentation. Collect and document feedback, and identify necessary
metrics to measure and optimize various system parameters against functional requirements.
Documentation, human interface design, contribute in the preparation of demonstration
prototypes, internal reports, patent applications and presentations.

The mission of the Wyss Institute for Biologically Inspired Engineering at Harvard University is
to transform human healthcare and the environment by emulating the way nature builds.
Developed as an alliance between Harvard and other premier academic and clinical partner
institutions, Institute faculty and staff collaborate in high-risk, fundamental research and science-
driven technology development. A major focus of the Institute is to translate the technologies
developed by its faculty and staff into commercial products and therapies through collaborations
with clinical investigators and establishment of corporate alliances.
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I strongly urge that Madhuri Trivedi be granted this petition as soon as possible.

Sincerely,

Robert Cunningham

Platform Development Director


Wyss Institute for Biologically Inspired Engineering
Harvard University
Center for Life Science |Boston, 5th Floor
3 Blackfan Circle
Boston, MA 02115

Tel: 617-432-1761
Cell: 617-750-1889
robert.cunningham@wyss.harvard.edu
www.wyss.harvard.edu
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EXHIBIT 6

Robert Cunningham Support Letter


Exhibit 1

Dear Immigration Officer,

I am a Director of Platform Development, at Wyss Institute for Biologically Inspired Engineering


at Harvard University. This letter is to convey my strong support for Madhuri Trivedi for her
petition for a person of extra- ordinary ability.
Madhuri stands out with her strong, multidisciplinary academic background;
Bachelors in Electronics and communications engineering with Distinction-India,
Post graduate diploma in business administration with First class India,
Masters in computer information science- GPA 3.73 - Cleveland State University, Ohio
Graduate certificate in systems engineering/systems design and management from
Massachusetts institute of technology, GPA 4.0(she has not completed this course yet).

She has solid academic experience and a strong track record in her industrial career. She has shown
tenacity, zealousness and business acumen. Madhuri possesses diverse experience, skills combination
that makes her a unique technical asset.

She has progressively grown in her career, have taken more progressive responsibilities. She is effective
at dealing with business /engineering problems and she has shown leadership ability to overcome such
tough problems and deliver results/solutions and values.

She is a dedicated, self-starter software engineer with experience working in multiple industries;
combined in software development and engineering area in designing, developing products and services
in cross functional environment; along with excellent problem solving, business acumen and
organizational skills.

She has advanced expertise in multiple advanced technologies including:

full software development life cycle,


usability,
integration,
service oriented architecture (SOA) including Microsoft based SOA technologies,
user interface design,
robotics interface development,
lean six sigma,
various product development methodologies,
instrumentation development,
systems architecture,
product development,
security products and services,
remote service application for security devices such as DVRs, security cameras, fire
panels ,
remote service technologies and applications for medical devices and applications,
security related to medical devices,

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software and engineering practices


Failure Mode Effect analysis(FMEA)
Change acceleration process (CAP) model
Agile Scrum master , agile methodologies
US regulatory and compliance requirements such as HIPPA, HITECH, and FDA related.
Customer services such as providing support to internal lab scientists (biologist,
chemists) for bio-tech instruments and applications.
Customer service to internal users such as filed engineers and online engineers who
install and service medical devices.

She has participated and contributed in leading capacity in high-risk projects that lead to
transformative breakthroughs, innovation, commercialization/application of new technologies to
deliver significant values to stake holders, customers and users, generate significant revenues.

Projects were in the areas of providing healthcare service and improving access at affordable cost to
large patient populations, up-time, serving and availability of medical devices, security of commercial,
industrial establishment and enterprise security, wireless remote monitoring solutions for energy
transformers, jet engines, water systems, dashboards for locomotive (rail engine) service/repair data.

As the Vice President of Business Development at Raindance Technologies Inc., I saw Madhuri
make significant /original contributions at the intersection of computer science, healthcare,
biology, chemistry, mechanical engineering, electrical engineering, and product development.
At Raindance, Madhuris interaction involved working with Vice president of Engineering, Marketing
executive, Product manager, scientists.

She imbibes and demonstrated Expertise with advanced technology ; unique multi-disciplinary
combination of skills/background.

She played a critical role /leading role in the genome selection system instrumentation product
development. At Raindance, this product enabled the translation of cutting edge micro droplet
based sequencing nano technology into commercialization/commercial product. Madhuris work
also involved using latest and emerging Microsoft technologies/platforms, integration, writing end to end
software requirements/specification and end to end product validation. Raindance was a start up with 20
plus people when she joined. Software team consisted 2-3 engineers. Developing genome sequencing
product; a complex system from scratch whose sales price was $150,000; this is implied that she was on
a leading and critical role as in a small start-ups contribution matters NOT title. Her contribution was
original and of major significance. Madhuris contribution /role was critical/leading in order for product
delivery and product development; hence success and existence of Raindance as a company. SW
engineers are responsible for whole software and hence product development.

She has worked in a leading role in designing and developing chronic care solutions portal using service
oriented architecture; latest Microsoft technologies. This chronic care portal generated very large amount
of revenue for company and was used for serving patients by leading health insurance companies in US.
As described by the Centers for Disease Control, chronic disease is the leading cause of death and
disability in the United States. It accounts for 70% of all deaths in the U.S., which is 1.7 million each year.
Data from the World Health Organization show that chronic disease is also the major cause of premature
death around the world even in places where infectious disease are rampant.
(http://cmcd.sph.umich.edu/what-is-chronic-disease.html ). Developing products, solutions and
services so more people can have access to care, family to manage disease and bring down healthcare
costs.
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Madhuri also worked with cross-functional team to support existing product-IRIS-


Indiana Rehabilitation Information System (IRIS) for clients including the State of Indiana-Department of
Disability and Rehabilitation. Specifically, she developed software enhancements for IRIS electronic
records including medical systems and performed document management and new features
enhancements.
She developed a wireless home security product, and remote service monitoring solution that enabled her
company to save more than $1 million in service operations and provide enhanced value to their
customers. She also designed and developed an automated test framework application, Microsoft
windows operating system plug in development to security and automation for IT admins/users.

Madhuri intends to continue to contribute in innovative work projects. She has consistently delivered
results that generated millions of revenue and delivered values to stake holders.

Madhuris extensive experience and world class expertise in healthcare, health informatics, medical
devices, healthcare IT, remote service, security products and services makes her highly valuable
engineer. The variety of her experience sets her apart from many of her professional peers.

At Wyss Institute, she is qualified to play an essential role of leading software design and development
/product development for products and systems for healthcare and medical systems that include full
product development life cycle of requirement gathering, requirement analysis, high level design,
development, testing. Working with interdisciplinary teams including robotics, manufacturing, and
instrumentation she is able to collect and document feedback, and identify necessary metrics to measure
and optimize various system parameters against functional requirements. Her expertise in inter-
disciplinary area, development of healthcare systems and her extra-ordinary expertise make her valuable
to a multidisciplinary organization like the Wyss Institute at Harvard University.
She has extensive experience working in start-up, entrepreneur companies as well as mid to large
corporations in important and growing technology areas in the US such as bioinformatics, genomics, and
genomics instruments, and personalized medicine development. Allowing Madhuri to continue work in US
and in these fields would contribute to improving US healthcare systems and reducing healthcare costs.
Approving of this petition would allow her to continue work in leading engineering role in this area.
I strongly recommend Madhuri Trivedi, for her petition for a person of extra-ordinary ability,
and I suggest that Madhuri Trivedi be granted this petition of person of extra ordinary ability as soon as
possible.
Sincerely,

Robert Cunningham

Platform Development Director

Wyss Institute for Biologically Inspired Engineering


Harvard University
Center for Life Science |Boston, 5th Floor
3 Blackfan Circle, Boston, MA 02115
Tel: 617-432-1761 Cell: 617-750-1889
robert.cunningham@wyss.harvard.edu
www.wyss.harvard.edu

Madhuri Trivedi Alien #A206599531 Recommendation letter Robert Cunningham Page 3 of 3


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EXHIBIT 7

Vandana Updhyay Immigration Support letter


August 4 , 2015

USCIS

Attn: Immigration officer

It is a great pleasure to provide a testimonial in support of Ms. Madhuri Trivedis application


for EB1A under the category of Extra ordinary ability. I strongly believe that her
contributions to the field of computer science, at the cross section of Healthcare, Genomics,
Instrumentation and Computer Security are outstanding.

I am an executive with expertise in high technology new business creation and


business turnaround. After a very successful stint at a startup that transformed rural
telecom in India I came to MIT Sloan for Masters and also received graduate teaching
assistantship. Since graduation, I have worked with a number of American companies,
including UARCO where a new line of business I started led to $16 million in revenues within
two years and created tens of full-time new jobs. Ultimately this business was acquired for
$250 million; a year later. My business turn around led to saving the closure of a business
division that was performing poorly. I have delivered similar results in a number of
technology companies and have also been an entrepreneur and startup founder.

I am an inventor (US patent No-6587433 Remote access server for multiple


service classes in IP networks); currently a co-founder of a security start up
addressing critical infrastructure security. Over the years, I have advised and
mentored many startups and entrepreneurs as a director of Entrepreneurial services at MIT
alumni associations Northern California Chapter and this is how I was introduced to Ms.
Trivedi.

Madhuri is a highly regarded engineer, with outstanding ability, in the field of computer
science, at the cross section of Healthcare, Genomics, Instrumentation and Computer
Security as reflected in her collaboration with industry leaders and subject matter experts
including Nobel laureates.
Madhuri Trivedi, a citizen of India, received her Bachelors in Electronics and
Communications engineering with Distinction. In the state of Gujarat, India, approximately
50,000 candidates compete for a few hundred admissions and Madhuri was one of them.
Ms. Trivedi graduated with distinction and received funding from the government for her
education. She has continued to add to her academic laurels with Post Graduate Diploma in
Business Administration in First Class from Sardar Patel University India and an
advanced degree in computer information science - GPA 3.73.from Cleveland State
University, Ohio. Her educational achievement is remarkable considering that even in the
United States participation of women in STEM (Science Technology, Engineering and
mathematics) lags in student enrollment as well as in the workforce.
She was further sponsored by her employer United Technologies for executive level
education for preparing Technocrats at Massachusetts Institute of Technology in the field of
systems design and management; United Technologies, a multinational conglomerate and a
government contractor, handpicked few extra ordinary candidates every year out of

Vandana Support letter Page 1 of 5


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thousands of employees worldwide for this fully funded program. At MIT Madhuri
stood out with a GPA 4.0. Thus, Madhuri stands out with her strong, multidisciplinary
academic background;

I have been an adviser to Ms. Trivedi on her start up Orange Health. Ms. Trivedi is
developing a mobile app for chronic disease self-management that is a peer to peer, peer to
expert platform. Chronic diseases such as cardio vascular disease, diabetes, hyper tension,
high cholesterol and pain are not entirely curable but by managing chronic condition, future
stroke and disability, vision loss and limb amputation etc. can be prevented. Chronic
disease is the leading cause of death and disability worldwide, and also a huge economic
cost to governments, tax payers and individuals. Ms. Trivedis mobile app aims to address
these problems and provide solutions.

As a chronic pain sufferer myself, I know how valuable an app where I can use self-
management, crowd sourced mobile platform and exchange with communities would be
immensely valuable. In the United States, there are 116 million chronic pain sufferers; it is
undertreated and the annual cost of chronic pain is as high as $635 billion a year, which is
more than the yearly costs for cancer, heart disease, and diabetes, say health economists
from Johns Hopkins University. (

http://www.apta.org/PTinMotion/NewsNow/?blogid=10737418615&id=10737427933 ) .

Today there is only one physician for every 25,000 patients who is a specialist.
Crowd community sourced self-management tool such as Ms. Trivedi is developing
fill a critical need where there is a gap between patient care and patient needs. In
absence of expert/specialist doctor for chronic pain management; primary care
physicians provide mainly prescription based pain relief. Wide use of pain killers
has created its own problem of addiction to pain killers like Morphine and
OxyContin and associated social and economic cost of these medicines. See New
Yorker story.
http://www.newyorker.com/magazine/2014/05/05/prescription-for-disaster

Crowd sourced self-management apps like Ms. Trivedis startup have been shown to bring a
significant improvement in patient self-care; increasing wellbeing and even some return to
productive work life, in many other disciplines. I live in near Stanford University with a
leading Pain Care Clinic that provides me such self-management tools and interventions. It
is a pity that such care is is not available to population at large in Th United States except
where research hospitals are located. Ms. Trivedis start up intends to solve this BIG
problem.

I have spent several hours in technical and professional assessment of Ms. Trivedi. She is a
full stack developer, a skill rare and necessary for a successful startup where initial product
has to be built by the founder herself without any outside help and the founder must be able
to design and code everything from the user experience on the mobile phone to the server
backend where user management, knowledge management, analytics and privacy and
security is implemented. An article explaining the distinct and outstanding value in an
engineer being full stack in the early days of a startup is enclosed below.

Vandana Support letter Page 2 of 5


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http://www.laurencegellert.com/2012/08/what-is-a-full-stack-developer/

Ms. Trivedi is amply qualified both academically and professionally to build such products.
She has worked on medical equipments technology at top medical equipment company GE
Healthcare where she enabled medical machines to be serviced remotely thus increasing
availability of equipment (I have no exact figure, it could be 7%)for patient services.
Similarly, she has worked at another top technology company in defense, medical,
aerospace, security fields. One of the key indicators of Madhuris extraordinary
contributions in the field of computer science/product development is her work for United
Technologies, a Fortune 50 Company and an organization of distinguished reputation At
UTC- global security group; she led and developed a cutting edge wireless security system
in 2007. This product is now finding use in Internet of Things/home automation. But in
2007 streaming live video from embedded panel to mobile phone was highly
advanced in terms of computer science. Madhuri owned this streaming video on
mobile and successfully developed this unique technology. Madhuri also developed a
Remote Service Application to access, monitor and communicate with remote devices that
solution that enabled UTC to save more than $1 million per year in service costs and tens of
millions since it was deployed; in service operations and provide enhanced value to their
customers.

Her remarkable career has continued with her employment with the startup Raindance in
2008,
Founded by Harvard scientists and Nobel laureates such as Jean-Marie
Lehn (Chemistry, 1987), Sir Aaron Klug (Chemistry, 2002), and Dr. Richard
Roberts (Physiology or Medicine, 1993) as well as Sir Gregory Winter.

Recognized /awarded by World economic foundation as Technology Pioneer of the


year 2008
She was part of the founding team of 20 people where she designed and
developed instrument-RDT 1000; complex system; that was the
Professional Laboratory System to be the chemical equivalent of a personal
computer. RDT 1000 cost was $150,000 per unit. This product enabled the
translation of cutting edge micro droplet based sequencing nano
technology into commercialization/ commercial product. RDT 1000 is used
for DNA sequencing. It requires less DNA sample, has fast turnaround,
comprehensive genomic coverage, increased accuracy, simple workflow. It
is used by scientists and researchers at pharmaceutical companies,
educational research and research institutes for Genome-Wide Association
Studies, medical genetics, cancer research, somatic mutation analysis and
epigenetics. Her unique work on RDT 1000- Genome Sequencing instrument is
outstanding because it touches upon critical issues while developing a unique and
novel cross functional platform that made technology available for cancer research
and drug discovery.
Her contribution at RDT was critical, original and of major significance to existence
of startup and its commercial success, making technology available for commercial
use. Thereafter In March 2015, RDT went public

Vandana Support letter Page 3 of 5


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In a summary, only individuals with both exceptional technical ability as well as


persistence and commitment can deliver what Madhuri did in a high risk
environment with do or die start up success.

At another leading cybersecurity company BeyondTrust that was acquired by Symark for
$20 million and eventually by Veritas Capital, Madhuri lead development of automation test
framework which even impressed company customers and partners.At Medassurant, (
health informatics company;to support the assessment and coordination of care among members
who have complex needs associated with diabetes, heart disease, asthma, coronary artery disease
(CAD), or chronic obstructive pulmonary disease (COPD) ; solution called CCSAdvantage), she
worked in a leading role in designing and developing chronic care solutions portal thin
client/ web based portal using service oriented architecture. This chronic care portal
generated large amount of revenue for the company and was used for serving patients by
leading health insurance companies in the US, such as Emblem Health, Blue Cross Blue
Shield and Molina Healthcare. As described by the Centers for Disease Control, chronic
disease is the leading cause of death and disability in the United States. It accounts for 70%
of all deaths in the U.S., which is 1.7 million each year. Data from the World Health
Organization shows that chronic disease is also the major cause of premature death around
the world even in places where infectious disease are rampant.
(http://cmcd.sph.umich.edu/what-is-chronic-disease.html ). Thus, her contribution to
developing products, solutions and services so more people can have access to care, to
manage disease and bring down healthcare costs is not only in human interest but also in
national economic interest. She also has experience in designing of Electronic Medical
Records a key cornerstone of the new Healthcare legislation for the State of Indiana-
Department of Disability and Rehabilitation.

At GE Intelligent Platforms in Boston; as part of a two engineer team reporting to Chief


Technology Officer of GE Transportation Steve Edner, she did Application development
/support for remotely monitoring GE assets such as energy transformers for GE Energy, jet
engines for GE Aviation, water systems for GE Water, GE Transportation. This solution
generated multi million in revenues for GE Intelligent platforms and is part of the
emerging field of Internet of Things where GE, IBM, Cisco and Intel estimate
several trillion dollars of new economic value will be created.

She imbibes and has demonstrated Expertise with advanced technology; unique multi-
disciplinary combination of skills/background.

Entrepreneurship, business development, strategy, business plan and business


modelling, competitive analysis, go to market strategy, product development,
pricing, technology stack, pitching and return on investment.

full software development life cycle, usability, integration, service oriented


architecture (SOA) including Microsoft based SOA technologies, user interface
design, robotics interface development, lean six sigma, various product development
methodologies, instrumentation development, systems architecture, product
development, security products and services, remote service application for security
devices such as DVRs, security cameras, fire panels , remote service technologies

Vandana Support letter Page 4 of 5


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and applications for medical devices and applications, security related to medical
devices
software and engineering practices, Failure Mode Effect analysis(FMEA),Change
acceleration process (CAP) model, Agile Scrum master , agile methodologies, US
regulatory and compliance requirements such as HIPPA, HITECH, and FDA related.
Customer services such as providing support to internal lab scientists (biologist,
chemists) for bio-tech instruments and applications., Customer service to internal
users such as field engineers and online engineers who install and service medical
devices.

Projects were in the areas of providing healthcare service and improving access at
affordable cost to large patient populations, up-time, serving and availability of
medical devices, security of commercial, industrial establishment and enterprise
security,

I have reviewed her qualification and I have written this letter based on my experience,
analysis and expertise as an independent reviewer.

In view of the forgoing record, Madhuri has proved to be an alien of extraordinary ability in
the field her field of endeavor, with a level of knowledge and skill that is possessed by very
few individuals. Madhuri has continuously distinguished herself for her contribution in
developing innovative products/services. This is evidenced by her employment record.
Madhuris exceptional engineering/scientific capabilities are obvious. She has made
outstanding contributions to the field of computer science /Information science, healthcare
informatics, computer security and medical technology.
Based on this stellar record, her future potential to deliver similar product breakthroughs to
contribute to healthcare patient management and cost reduction, I strongly recommend her
for extra ordinary ability in various fields of national economic importance to the United
States.

In conclusion, Madhuri is an outstanding recognized international engineer that has made


significant contributions to her area of endeavor. The United States computer community
and our society at large will benefit greatly by adding an engineer of the stature of Madhuri
Trivedi to its strong science and technology community and I strongly recommend that she
get her EB1A approved as soon as possible.

Sincerely,

Vandana Support letter Page 5 of 5


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EXHIBIT 8
From: Pat Hale
Date: Wednesday, January 20, 2016 at 1:38 PM
To: <NCSC@uscis.dhs.gov>, <mark.hazuda@uscis.dhs.gov>,
<thomas.pearl@uscis.dhs.gov>, <Donald.W.Neufeld@uscis.dhs.gov>,
<leon.rodriguez@uscis.dhs.gov>, <jeh.johnson@dhs.gov>
Subject: Fwd: USCIS NSC (JJP 59811) RE: USCIS NSC (JJP 59810) RE: USCIS NSC
(JJP 59786) RE: (JJP 59767) RE: Your recent inquiry (receipt #LINXXXXX50295)

Citizenship Recommendation in Support of Madhuri Trivedi


___________________________________

To Whom It May Concern:

I am writing to support the US Citizenship application by Madhuri Trivedi,


who is a former student of mine at MIT. Madhuri completed Masters Level
courses in my program at the Massachusetts Institute of Technology. Her
program of study included System Architecture, Systems Engineering and
System/Project Management.

I am confident, based on experience with Miss Trivedi, that she will make
a fine employee for her company and an enthusiastic and loyal US
Citizen. Her skills and background make her a solid candidate, and her
motivation is unmatched.

Madhuri has applied under the following documentation:

Receipt number:

LIN1602250295

Ref: wkd3371504455LOD I 765/I 485 receipt number

Last year filled: SRC 1480006489

She has already contributed in a original/ major significance, as a


leading/critical role for organization of distinguished reputation,
entrepreneurial . Her contribution lead to commercialization of
technology, merger and acquisition of multi million.
And she will continue to contribute and also it is in National interest
waiver. She worked for Dr. Jonathan Rothberg ( as mentioned in EB1
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petition. ) In 2016 White House is giving him a national


award. ( https://www.whitehouse.gov/the-press-
office/2015/12/22/president-obama-honor-nations-leading-scientists-
and-innovators ) Raindance was ONLY 20 people when Madhuri joined
Raindance as a software engineer. Software team was two people and
then 2 were added after six months. She developed an instrument
(instrument price was $150,000 per unit)there which is
a biological equivalent of personal computer.

Madhuri strongly desires to be a contributing member of US society, and


my 22 years military service gives me the judgment and background to
strongly recommend her petition and request expedited processing so
that she will continue her contributions to a stronger US society.

Very best regards,

__________________________
Pat Hale
Executive
Director, SDM Fellows Program
Senior Lecturer, Engineering Systems Division
Massachusetts Institute of Technology

Past President, INCOSE (www.incose.org)


617.253.9668 Office
774.766.9136 Cell
pat_hale@mit.edu
http://sdm.mit.edu
Signature powered by Wise
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EXHIBIT 9

EXHIBIT 79
I 140 :I have provided Documentation under following regulatory areas:

Evidence of the aliens original scientific / business-related contributions of major


significance in the field. ( 8 CFR 204.5(h)(3)(v) )

Performance in a critical or leading role for organizations or establishments having a


distinguished reputation. ( 8 CFR 204.5(h)(3)(viii) )

Comparable evidence ( 8 CFR 204.5(h)(4) )

1. Commercial success in such as commercialization of technologies, generation of


multimillion revenues, working/delivering results on high risk projects.

2. Expertise with advanced technologies and unique /multi-disciplinary combination


of skills

3. Entrepreneurship. My own start up , to start a business in the US as a foreign


national entrepreneur .

Evidence of the aliens original scientific / business-related


contributions of major significance in the field
1. Resume,
2. personal statements,
3. Corroborating recommendation/support letter provided by Harvard Medical school executive
Robert
4. employment letter to work as Lead software Engineer/ similar capacity for institute of
distinguished reputation i.e. Wyss Institute- Harvard Medical School, Cambridge, MA
by Robert Cunningham.
5. I worked at BeyondTrust and my big boss Eric Voskuil was a REAL Top Gun Fighter
pilot. He is a legend, technology genius. Likes attracts like. I was at his company
because of having extra ordinary abilities like him.
6. At Raindance ; in leading role /orginal major significance contribution ----designed and
developed instrument that was the Professional Laboratory System to be the chemical
equivalent of a personal computer.

RDT 1000 is used for DNA sequencing. It requires less DNA sample, has fast
turnaround, Comprehensive genomic coverage, increased accuracy, simple workflow.
It is used by scientists and researchers at pharmaceutical companies, educational
research and research institutes for Genome-Wide Association Studies, medical
genetics, cancer research, somatic mutation analysis, epigenetics.
7. Corroborating Support letter from Philips Healthcare product manager Hans Griesser for
Immigration petition,

Madhuri Trivedi Analysis Index document Exhibit 7 Page 1 of 9


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8. Immigration support letter by Vandana Upadhyay


9. Orange Health business document,
10. Genome Sequencing instrument RDT 1000 product Madhuri developed from scratch in a
year. This product was sold at $150,000 per unit. It was companys first commercial
product. This product generated significant revenues and company first raised $6
million funding in 2009. Since 2009 to till date has raised more than $100 million. My role
was critical, and of significant importance to the outcome organizations
activities/existence.
11. Worked in a leading role at MedAssurant company in designing and developing chronic
care solutions portal thin client/ web based portal using service oriented architecture; latest
Microsoft technologies. This chronic care portal generated large amount of revenue for
company and was used for serving patients by leading health insurance companies in
US; such as Emblem Health, Blue Cross Blue Shield, Molina Healthcare.
12. Articulation: At GE Intelligent Platforms in Boston; worked with Chief Technology Officer of
GE Transportation Steve Edner (It got to be leading if I work with CTO) , subject Matter
Experts, We were a team of two software engineers. I led development of dashboard
applications; worked in a very fast fast environment; nights and weekends. Used latest
Microsoft technologies.

Application development /support for remotely monitoring GE assets such as energy


transformers for GE Energy, jet engines for GE Aviation , water systems for GE Water, GE
Transportation.. This solution generated multi in revenues for GE Intelligent platforms. is
part of the emerging field of Internet of Things where GE, IBM, Cisco and Intel estimate
several trillion dollars of new economic value will be created.

13. Experience letters


14. Mark sheets for MIT, Cleveland state university for Masters in computer science, Indian
degrees.
15. Deposition of GE architect Bill Barbiuax taken by me ,
16. FDA investigation information,
17. FBI informing me that my GE matter is Quitam matter.

Performance in a critical or leading role for organizations or


establishments having a distinguished reputation
1. Resume,
2. personal statements,
3. Harvard Medical school executive Robert Cunninghams support letter and his employment
offer,
4. At Raindance ; in leading role /orginal major significance contribution ----designed and
developed instrument that was the Professional Laboratory System to be the chemical
equivalent of a personal computer.

Madhuri Trivedi Analysis Index document Exhibit 7 Page 2 of 9


(74 of 116)
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5. I worked at BeyondTrust and my big boss Eric Voskuil was a REAL Top Gun Fighter
pilot. He is a legend, technology genius. Likes attracts like. I was at his company
because of having extra ordinary abilities like him.

6. Immigration support letter by Co-founder Vandana Upadhyay


7. Support letter from Philips Healthcare product manager Hans Griesser for Immigration
petition,
8. Orange Health business document,

9. Leading role performance at Organization of having a distinguished reputation :Worked as


fulltime /permanent engineer for Fortune 50 company United Technology whose sale
$62.6 billion (2013). Sale to government $ $9.9 billion (2013) . More than 4,000 locations in
approximately 71 countries; UTC companies do business in approximately 180 countries
10. Leading and critical role performance at Organization of having a distinguished reputation
:Raindance Technologies
10.1. Technology Pioneer World Economic Forum - 2008 Raindance
10.2. Raindance went public and did IPO in 2015. When I joined we were 20 people and
my work was core, foundation level for the company to existence.

10.3. Raindance scientific advisory board including three Nobel Prize winners:
Jean-Marie Lehn (Chemistry, 1987),
Sir Aaron Klug (Chemistry, 2002), and
Dr. Richard Roberts (Physiology or Medicine, 1993) as well as
Sir Gregory Winter joint head of the British Division of Protein and Nucleic Acids
Chemistry at the Medical Research Council's Laboratory of Molecular Biology in
Cambridge.
11. Leading role performance at Organization of having a distinguished reputation : Lead
Engineer at GE Fortune 10 company
12. Leading role performance at Organization of having a distinguished reputation :
BeyondTrust was acquired by Symark software in September 2009 for a little over $
20 million.

Microsoft acquired DesktopStandard in 2006 . Microsoft acquired the entire company


and product line with one exception; Policy Maker Application Security. This product was
used as the basis of a spinoff, BeyondTrust, also based in Portsmouth.

13. Genome Sequencing instrument RDT 1000 product Madhuri developed from scratch in a
year. This product was sold at $150,000 per unit. It was companys first commercial product.
This product generated significant revenues and company first raised $6 million funding in
2009. Since 2009 to till date has raised more than $100 million. My role was critical, and
of significant importance to the outcome organizations activities/existence.
14. Articulation: Leading capacity title was Lead software engineer, senior software engineer,
software engineer. Software is very critical for any product development. And software
engineers are responsible for whole software and hence product development. Thats why
Madhuri Trivedi Analysis Index document Exhibit 7 Page 3 of 9
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software engineers are very well sought and in demand. I have worked with Chief
Technology officers, CEOs, VP engineering, Marketing executives; because as software
engineer TITLE itself brings technical responsibilities and leadership. A Small startup like
Raindance; where WHOLE company size is 30 people. There are not many layers,
hierarchy and hence software engineer TITLE /role itself was leading in terms of
contribution. Lead TECHNICAL aspect product development and not managing people.
nd
14.1. At Raindance, I was 2 software engineer when I joined. Later we were a small team of
TOTAL 2-3.5 software engineers. As in press release ..Jun 2, 2008..
Raindance employs about 35 workers : Link for press release (
http://www.bizjournals.com/boston/blog/mass-high-tech/2008/06/kelly-taps-out-coo-role-
at-raindance.html )
14.2. Critical means for these projects Madhuris role, responsibility is critical in order for
product delivery and product development.

18. Worked in a leading role at MedAssurant company in designing and developing chronic
care solutions portal thin client/ web based portal using service oriented architecture; latest
Microsoft technologies. This chronic care portal generated large amount of revenue for
company and was used for serving patients by leading health insurance companies in
US; such as Emblem Health, Blue Cross Blue Shield, Molina Healthcare.

Work Products- at MedAssurant >> Chronic Disease Care Solution Portal


Articulation: My title was Senior Software engineer at Medassurant . my contribution was
critical/significant/leading role/originalI single handedly developed chronic portal front
end and backend using latest Microsoft technology; this portal generated multi million
revenue and used by leading health insurance companies Blue cross blue shield and
Molina. Team consisted of me of two people in terms of software.
This was my original major contribution. As shown in screenshot of application
below which I developed all by myself from scratch. (one man army in terms of
writing software)

19. Experience letters

Articulation: At GE Intelligent Platforms in Boston; worked with Chief Technology Officer of GE


Transportation Steve Edner (It got to be leading if I work with CTO) , subject Matter Experts, We
were a team of two software engineers. I led development of dashboard applications; worked in
a very fast fast environment; nights and weekends. Used latest Microsoft technologies.
Application development /support for remotely monitoring GE assets such as energy
transformers for GE Energy, jet engines for GE Aviation , water systems for GE Water, GE
Transportation.. This solution generated multi in revenues for GE Intelligent platforms. is
part of the emerging field of Internet of Things where GE, IBM, Cisco and Intel estimate
several trillion dollars of new economic value will be created.

20. Mark sheets for MIT, Cleveland state university for Masters in computer science, Indian
degrees.
21. Deposition of GE architect Bill Barbiuax taken by me ,
Madhuri Trivedi Analysis Index document Exhibit 7 Page 4 of 9
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15. FDA investigation information,


16. FBI informing me that my GE matter is Quitam matter.
17. MedAssurant Job offer / Leading role job Title, duties and responsibility and experience
letter.
18. GE letter stating Software engineer, Lead professional band, Title, role and appraisal and
experience letter.
19. All above evidences; establishes EB1 eligibility as the foreign national Madhuri has
performed in leading roles in productions/projects; and that the productions/projects
were successful.

Comparable evidence
a) Commercial success in such as commercialization of technologies, generation of
multimillion revenues, working/delivering results on high risk projects.

b) Expertise with advanced technologies and unique /multi-disciplinary combination of


skills

c) Entrepreneurship. My own start up , to start a business in the US as a foreign national


entrepreneur .

1. Resume,
2. personal statements,
3. Harvard Medical school executive Robert Cunninghams support letter and his employment
offer,
4. Support letter from Philips Healthcare product manager Hans Griesser for Immigration
petition,
5. Immigration support letter by Co-founder Vandana Upadhyay
6. Orange Health business document,
7. I worked at BeyondTrust and my big boss Eric Voskuil was a REAL Top Gun Fighter
pilot. He is a legend, technology genius. Likes attracts like. I was at his company
because of having extra ordinary abilities like him.
8. At Raindance ; in leading role /orginal major significance contribution ----designed and
developed instrument that was the Professional Laboratory System to be the chemical
equivalent of a personal computer.
This instrument development required unique, multi-disciplinary skills, and
entrepreneurship. It also lead to wide range commercialization of nano technology,
raised hundreds of millions in funding and went to IPO; public company from a
garage.
9. Genome Sequencing instrument RDT 1000 product Madhuri developed from scratch in a
year. This product was sold at $150,000 per unit. It was companys first commercial
product. This product generated significant revenues and company first raised $6
million funding in 2009. Since 2009 to till date has raised more than $100 million. My
role was critical, and of significant importance to the outcome organizations
activities/existence.

Madhuri Trivedi Analysis Index document Exhibit 7 Page 5 of 9


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10. Worked in a leading role at MedAssurant company in designing and developing chronic
care solutions portal thin client/ web based portal using service oriented architecture; latest
Microsoft technologies. This chronic care portal generated large amount of revenue for
company and was used for serving patients by leading health insurance companies in
US; such as Emblem Health, Blue Cross Blue Shield, Molina Healthcare.

11. Commercializaton of technology/success example of my work at Raindance :The Next


$100 Billion Technology Business
http://www.forbes.com/sites/matthewherper/2010/12/30/the-next-100-billion-technology-
business/
12. Commercialization of technology/success example of my work at Raindance::
Founder Dr. Jonathan Rothbergs next start-up company (RDT sister company) Device
Brings $1,000 Genome Within Reach.
13. Commercialization of technology/success example of my work at Raindance :
RDT 1000 instrument I developed led to commercialization of genomics technology. This
was a complex project and required advanced combinations of skills and contribution from
software, product development point.
collaborations for drug discovery, research and development with following institutes
J. Craig Venter Institute
Broad institute MIT
CLC bio
Sanofi Aventis
Roche
Scripps Translational Science Institute (STSI)
Articulation:

RDT1000 product I developed (in a small team of 2-3 software engineers);


became a huge success. Customers/partners for this product were worlds TOP
FIVE pharma companies/research institutes as shown Product development was
my original contribution of major significance and widely accepted all across
industry. Generated revenues and commercialization of product.

14. Experience letters

15. Commercialization of technology Objective evidence :


Blue Cross Blue Shield, Molina Healthcare to select Chronic Disease Care Solution
Portal I developed at Medassurant.

Articulation: As mentioned in exhibit 5, at Medassurant Chronic care software I


developed generated large amount of revenue and customers for this product were
Emblem, Molina healthcare and Blue Cross Blue Shield.

16. Mark sheets for MIT, Cleveland state university for Masters in computer science, Indian
degrees

Madhuri Trivedi Analysis Index document Exhibit 7 Page 6 of 9


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17. Comparable Evidence : Expertise with advanced technologies ; unique multi-


disciplinary combination of skills/background.
17.1. I have distinctive, strong, multidisciplinary academic background;

Masters in computer information science- GPA 3.73 - Cleveland State University, Ohio
Graduate certificate in systems engineering/systems design and management from
Massachusetts institute of technology, GPA 4.0(I have not completed this course yet).
Bachelors in Electronics and communications engineering with Distinction-India,
Post graduate diploma in business administration with First class India,

17.2. I have business acumen and organizational skills. Have advanced expertise in
multiple advanced technologies including but not limited to:
full software development life cycle, usability, integration, service oriented architecture
(SOA) including Microsoft based SOA technologies, user interface design, robotics
interface development, lean six sigma, various product development methodologies,
instrumentation development, systems architecture, product development,
security products and services, remote service application for security devices such as
DVRs, security cameras, fire panels ,
remote service technologies and applications for medical devices and applications,
security related to medical devices,
software and engineering practices
Failure Mode Effect analysis(FMEA)
Change acceleration process (CAP) model certification
Agile Scrum master certification , agile methodologies
US regulatory and compliance requirements such as HIPPA, HITECH, and FDA related.
Customer services such as providing support to internal lab scientists (biologist,
chemists) for bio-tech instruments and applications.
Customer service to internal users such as field engineers and online engineers who
install and service medical devices.

Projects were in the areas of providing healthcare service and improving access at affordable
cost to large patient populations, up-time, serving and availability of medical devices, security
of commercial, industrial establishment and enterprise security,

At GE, Wireless remote monitoring solution for energy transformers, jet engines, water
systems, dashboards for locomotive(rail engine) service/repair data.(Exhibit 7)

18. Deposition of GE architect Bill Barbiuax taken by me ,


19. FDA investigation information,
20. FBI informing me that my GE matter is Quitam matter.
21. Letter also contains documentation related to my work/about me from people like
Megan Smith -United States, Chief Technology Officer.
Greg Brandeau Chief Technology Officer, Walt Disney Studios and working for
Steve Jobs at NeXT Computer.
Madhuri Trivedi Analysis Index document Exhibit 7 Page 7 of 9
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Dr. Mark Nodine Ph.d, Senior member of Technical Staff at Apple.


Jason Slagle, Director, 787 Propulsion, Boeing Commercial Airplanes.
Robert Hogan, Founder & Chief Technology Officer, SoftShadowSecurity Inc.
Lt. Col. C.C. Bakshi (Retd.) -Deputy Director, Joint Cypher Bureau, India.
Tushar Bhatt, Former Editor Times of India.
Meg Whitman, CEO Hewlett Packard.(HP has 300,000 employees)

Articulation: At GE Intelligent Platforms in Boston; worked with Chief Technology Officer of GE


Transportation Steve Edner (It got to be leading if I work with CTO) , subject Matter Experts, We
were a team of two software engineers. I led development of dashboard applications; worked in
a very fast fast environment; nights and weekends. Used latest Microsoft technologies.
Application development /support for remotely monitoring GE assets such as energy
transformers for GE Energy, jet engines for GE Aviation , water systems for GE Water, GE
Transportation.. This solution generated multi in revenues for GE Intelligent platforms. is
part of the emerging field of Internet of Things where GE, IBM, Cisco and Intel estimate
several trillion dollars of new economic value will be created.

CERTIFICATION OF COPIES

I have submitted Copies of actual web based screen prints, documents, exhibits, emails,
images, screen prints. These are exact photocopies of unaltered original documents and are
original.

Exhibit 2 for example is a brochure of an instrument Madhuri developed which is a chemical


equivalent of a personal computer. Exhibit 5 is a chronic care management portal website
screen shot; Madhuri developed from scratch at MedAssurant.
Exhibit 7 is product screenshot Madhuri developed for GE Transportation from scratch.

Signature
__________________________________
Name: Madhuri Trivedi

Note:
In the analysis documents have referred to screen shots, images, documents, emails. For
examples, products I developed, technology commercialized.. These are actual web based
screen prints, images, documents and emails; I am submitting. These information didnt exist
not could be obtained unless I would have worked on it/developed it myself; my work

Madhuri Trivedi Analysis Index document Exhibit 7 Page 8 of 9


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products, finding, communications. Robert Cunningham in his support letter described


my work related to Raindance and all prior employers. So he is corroborating to what I
am submitting as images, emails, screen prints, documents. His letter is substitute and
overcomes any procedural burden. He has validated and approved my work so as such
evidences entered into this petition; hence sufficient for purposes of meeting the burden of proof
in these proceedings.

Madhuri Trivedi Analysis Index document Exhibit 7 Page 9 of 9


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EXHIBIT 10
Date: 7/25/2015

Personnel Statement and analysis

Apart from information in this document, please refer to my Analysis Index document (7 pages
total) , resume, supplement letter, Orange Health business document,
immigration support letters; for overall case analysis.

I write this letter as personnel statement for my immigration petition EB1 A person of extra-ordinary
ability.

I had a humble, modest and nice upbringing in India. Both of my parents worked in academia. My parents
and grandparents instilled values such as hard working, honesty, being modest, humble and being best
and excellent at anything I do; and become a good human being.

I have had grown progressively in my career. I have risen to the very top of the field and have consistently
contributed and have continuously improved myself; have played leading/critical role(s) for organizations
having a distinguished reputation and contributed significantly with extra-ordinary ability. Such activities
require special and unique combination of skills and expertise.

I have participated and contributed in leading capacity in high-risk projects that lead to transformative
breakthroughs, innovation, commercialization/application of new technologies to deliver significant values
to stake holders, customers and users, generate significant revenues.

Pursuing broad field of knowledge and experience carries special appeal; it is lots of fun because there
are always new challenges and ample stimulation, opportunities to learn and improve; contribute and gain
valuable experience. While growing up in India, it gave me real life view of need for healthcare products
and services.

Contributed and participated in leading capacity, have consistently Built products and services/
delivered results that generated multi millions of revenues;
Commercialization of new technologies/products, deliver values to stake holders, customers and users,
allowed new industry partnerships, was original and of major significant, critical to outcome of
organization (s) I worked for...

Chief Technology Officer, CEO, founder of OraneHealth and Lead engineer with 9 years experience in
managing complex software design projects, architecting and developing products and services in cross
functional environment; Hands-on design and development expertise in various technologies, full
software development life cycle.program management, agile methodologies, Excellent problem solving,
communication skill, and organizational skills & systems architecture skills combined with business
background, unique combination of talent, expertise, skills,Systems Engineering, Collaborate and co-
ordinate with cross functional team/management at various levels to build products/software architectures
that deliver business solutions.

I have blend of technology and business- makes me a technocrat; gives me depth and breadth in
my area of endeavor; I have ability to connect dots. Several distinguished experts/executives
consider my work, profile important.
Sets me apart in my field from others as one of the small percent who have risen to the very top of
the field.

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Note: I have used larger fonts to separate header in this letter. Articulations start with word
Articulation: . Have used green underline or pink underline.

I want to continue work in genomics/personalized medicine/bioinformatics and follow my passion for it.
Predictive and personalized medicine by using genome sequencing and stem cell research; It
allows physicians and healthcare professional to use genomic information to predict diseases a person
may get, prevent such diseases all together in advance by personalized medicine or minimize the impact
of that diseases and find cure for life threatening disease. This would be first step towards whole new era
of medicines, drug discovery and emerging medial field. Find mutations and cure diseases like cancer.
Technological advances would make it possible to manage incurable and chronic diseases; help patients,
families, physician and healthcare providers to work closely and have access to right information at right
time and make smarter decision and provide smart care. Making Technologies feasible, available and
affordable would bring new revolution in healthcare.
Motivation and passion are keys to make differencethis give me tons of energy to work on such
projects; to combine solutions that have not been brought together.

I am never tired of working, learning new things in healthcare. I have worked nights and weekends with a
drive to do an excellent work in improving health care for families across America and across the world

$3.1 trillion U.S. health-care industry continue to adapt to new technologies, solutions and a way to
provide quality care to more people in cost-effective manner.

I believe in entrepreneurship, I have strong passion and aptitude for entrepreneurship.

US is a pretty great place to be. - For entrepreneurship/new ideas and new opportunities. I would
bring my background in technology, economics and management to the healthcare position.

I have contributed, I want to contribute and I will contribute. I want to do something and US is a place to
be for new ideas, opportunities. I would continue work in this healthcare area and contribute to improve
US healthcare and healthcare as overall, address healthcare cost issue and availability and access of
healthcare products, services, solutions to more people.

My extensive experience and world class expertise in healthcare, health informatics, medical devices,
healthcare IT, remote service, security products and services makes me highly valuable engineer. The
variety of her experience sets me apart from many of my professional peers.
I have extensive experience working in start-up, entrepreneur companies as well as mid to large
corporations in important and growing technology areas in the US such as bioinformatics, genomics, and
genomics instruments, and personalized medicine development. Allowing me to continue work in US and
in these fields would contribute to improving US healthcare systems and reducing healthcare costs.
I intend to continue to contribute in innovative work projects. I have consistently delivered results that
generated millions of revenue and delivered values to stake holders.

Analysis and Evidences continue

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1. Comparable Evidence

1.1. Expertise with advanced technology ; unique multi-disciplinary


combination of skills/background.
a. I have distinctive, strong, multidisciplinary academic background; (Exhibit 10)

Bachelors in Electronics and communications engineering with Distinction-India,

Post graduate diploma in business administration with First class India,


Masters in computer information science- GPA 3.73 - Cleveland State University, Ohio
Executive technology systems engineering/systems design and management from Massachusetts
institute of technology, GPA 4.0(I have not completed this course yet).

b. I have business acumen and organizational skills. Have advanced expertise in multiple advanced
technologies including but not limited to:
Entrepreneurship, business development, strategy, Business plan and business modelling,
competitive analysis, go to market strategy, Product development, pricing, technology stack, pitching
and return on investment.

full software development life cycle, usability, integration, service oriented architecture (SOA)
including Microsoft based SOA technologies, user interface design, robotics interface development,
lean six sigma, various product development methodologies, instrumentation development, systems
architecture, product development,
security products and services, remote service application for security devices such as DVRs,
security cameras, fire panels ,
remote service technologies and applications for medical devices and applications, security related to
medical devices,
software and engineering practices
Failure Mode Effect analysis(FMEA)
Change acceleration process (CAP) model
Agile Scrum master , agile methodologies
US regulatory and compliance requirements such as HIPPA, HITECH, and FDA related.
Customer services such as providing support to internal lab scientists (biologist, chemists) for bio-
tech instruments and applications.
Customer service to internal users such as field engineers and online engineers who install and
service medical devices.

Projects were in the areas of providing healthcare service and improving access at affordable cost to
large patient populations, up-time, serving and availability of medical devices, security of commercial,
industrial establishment and enterprise security,
At GE, Wireless remote monitoring solution for energy transformers, jet engines, water systems,
dashboards for locomotive(rail engine) service/repair data.(Exhibit 7)

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1.2. Entrepreneurship. My own start up, to start a business in the US as a foreign


national entrepreneur .

Please refer to OrangeHealth business document.

2. organizations or establishments having a distinguished reputation

a. United Technologies (UTC) .UTC is a diversified company that provides a broad range of high-
technology products and services to the global aerospace and building systems industries, climate,
control, fire and security product and services.

( http://www.utc.com/About+UTC )

Net Sales: $62.6 billion (2013)


Sales To U.S. Government: $9.9 billion (2013)
International Net Sales: 61 percent of total net sales (2013)
International Presence: More than 4,000 locations in approximately 71 countries; UTC companies
do business in approximately 180 countries.
Research & Development: Company funded: $2.5 billion (2013),
Customer funded: $2.1 billion (2013)

b. Raindance Technologies founder Dr. Jonathan Rothberg who is an American scientist and
entrepreneur. ( http://en.wikipedia.org/wiki/Jonathan_M._Rothberg )
c. RainDance Technologies has been selected as a 2008 World Economic Forum Technology
Pioneer. (Exhibit 3) (http://www.weforum.org/content/pages/list-technology-pioneers-2008)
Technology Pioneers are companies that have been identified as developing and applying highly
transformational and innovative technologies in the areas of energy, biotechnology and health, and
information technology. To be selected as a Technology Pioneer, a company must be involved
in the development of life-changing technology innovation and have the potential for long-
term impact on business and society. In addition, it must demonstrate visionary leadership, show
all the signs of being a long-standing market leader and its technology must be proven.
d. Raindance scientific advisory board including three Nobel Prize winners: (Exhibit 3)

Jean-Marie Lehn (Chemistry, 1987),


Sir Aaron Klug (Chemistry, 2002), and
Dr. Richard Roberts (Physiology or Medicine, 1993) as well as
Sir Gregory Winter joint head of the British Division of Protein and Nucleic Acids
Chemistry at the Medical Research Council's Laboratory of Molecular Biology in
Cambridge.

e. General Electric Healthcare is a leading provider of healthcare products, services and


technologies. ( https://www.ge.com/about-us/building )
f. BeyondTrust was acquired by Symark software in September 2009 for a little over $ 20 million.
Microsoft acquired DesktopStandard in 2006 .

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3. ( 8 CFR 204.5(h)(3)(v) ) and ( 8 CFR 204.5(h)(3)(viii) ) and ( 8 CFR


204.5(h)(4) )

Evidence of the aliens original scientific / business-related contributions of major


significance in the field

Performance in a critical or leading role for organizations or establishments having a


distinguished reputation

Comparable Evidence : Commercial success in such as commercialization of technologies,


generation of revenues, working on high risk projects.

Articulation: It establishes EB1 eligibility under this criteria; that the foreign national Madhuri's
contributions in the field set her significantly above others in her field.

Articulation: Leading capacity title was Lead software engineer, senior software engineer, software
engineer. Software is very critical for any product development. And software engineers are responsible
for whole software and hence product development. Thats why software engineers are very well sought
and in demand. I have worked with Chief Technology officers, CEOs, VP engineering, Marketing
executives; because as software engineer TITLE itself brings technical responsibilities and leadership. A
Small startup like Raindance; where WHOLE company size is 30 people. There are not many layers,
hierarchy and hence software engineer TITLE /role itself was leading in terms of contribution. Lead
TECHNICAL aspect product development and not managing people.

nd
At Raindance, I was 2 software engineer when I joined. Later we were a small team of TOTAL 2-3.5
software engineers. As in press release ..Jun 2, 2008.. Raindance employs about 35
workers : Link for press release ( http://www.bizjournals.com/boston/blog/mass-high-
tech/2008/06/kelly-taps-out-coo-role-at-raindance.html )

Critical means for these projects Madhuris role, responsibility is critical in order for product delivery and
product development.

It establishes EB1 eligibility as the foreign national Madhuri has performed in leading roles in
productions/projects; and that the productions/projects were successful.

Exhibit 1
1. Proposed Employment letter- Wyss Institute Harvard Medical School
2. Recommendation letters from Robert Cunningham
Exhibit 2

Work Products >Raindance Technology -RDT 1000 Genome Sequencing Instrument


Articulation: RDT 1000 product cost in early 2009 was around $150k per instrument. Madhuris role
and original contribution was significant and

nd
At Raindance, I was 2 software engineer when I joined. Later we were a small team of TOTAL 2-3.5
software engineers. As in press release ..Jun 2, 2008.. Raindance employs about 35

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workers : ( http://www.bizjournals.com/boston/blog/mass-high-tech/2008/06/kelly-taps-out-coo-
role-at-raindance.html )

I lead development of end to end workflow and user interface development, testing and test development
along with other responsibilities, . Given company size of 35 and software team size of 2-3.5; software
engineer title and my role itself was leading and my contribution was critical to organization.

RDT 1000

Exhibit 3 Distinguished organization , leading/critical role, multi-disciplinary skills, wide


application/success of technology.

Raindance Technologies
1.
Technology Pioneer World Economic Forum - 2008

Articulation: RDT 1000 instrument I developed led to commercialization of genomics technology.


This was a complex project and required advanced combinations of skills and contribution from software,
product development point.

2. collaborations for drug discovery, research and development


J. Craig Venter Institute
Broad institute MIT
CLC bio
Sanofi Aventis

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Roche
o Scripps Translational Science Institute (STSI)
Articulation:

RDT1000 product I developed (in a small team of 2-3 software engineers); became a huge
success. Customers/partners for this product were worlds TOP FIVE pharma companies/research
institutes as shown below. Product development was my original contribution of major
significance and widely accepted all across industry. Generated revenues and commercialization
of product.
Sanofi S.A. is a multinational pharmaceutical company headquartered in Paris, France, as of 2014 the
world's fifth-largest by prescription sales. Sanofi engages in the research and development,
manufacturing and marketing of pharmaceutical drugs
www.sanofi.com
[1]
Roche's revenues during fiscal year 2013 were CHF 46.78 billion (about $51.3 billion). Roche is the
fifth-largest pharma company worldwide. www.roche.com
Broad institute MIT, The 2014 report from Thomson Reuters' ScienceWatch entitled "The World's Most
Influential Scientific Minds" recognized that 12 out of the 17 "hottest" researchers in science belonged to
genomics, and 4 out of top 5 were affiliated with the Broad Institute. https://www.broadinstitute.org/
----------------------------------------------------------------------------------------------------------------

Steve Becker (https://www.linkedin.com/in/stevebecker ) who was a marketing executive at


Raindance (we worked together at RDT )mentioned in 2013 that you are a technocrat and your
contribution was critical and significant for Raindances success. And it was a stepping stone for
IonTorrent which was sold for $725 million.

Played a critical/ leading role in the genome selection system instrumentation product
development RDT 1000 (Exhibit 2 ).

At Raindance Technologies, the product RDT 1000 enabled the translation of cutting edge micro droplet
based sequencing nano technology into commercialization/commercial product.
Made significant contributions at the intersection of computer science, healthcare, biology, chemistry,
mechanical engineering, electrical engineering, and product development.
This translation of nano technology into commercial product also enabled new partnership and
collaborations; new corporate alliances with companies and educational institutes. Such as (Exhibit 3)

Exhibit 4
Raindance Founder Dr. Jonathan Rothbergs next start-up company (RDT sister company) Device
Brings $1,000 Genome Within Reach.

Exhibit 5
Work Products- at MedAssurant >> Chronic Disease Care Solution Portal

Articulation: My title was Senior Software engineer at Medassurant . my contribution was


critical/significant/leading role/originalI single handedly developed chronic portal front end and
backend using latest Microsoft technology; this portal generated multi million revenue and used by

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leading health insurance companies Blue cross blue shield and Molina. Team consisted of me of two
people in terms of software.
This was my original major contribution. As shown in screenshot of application below which I
developed all by myself from scratch. (one man army in terms of writing software)

Worked in a leading role at MedAssurant developed above portal. This solution was part of
CCSAdvantage care management solutions. At MedAssurant; to support the assessment and
coordination of care among members who have complex needs associated with diabetes, heart
disease, asthma, coronary artery disease (CAD), or chronic obstructive pulmonary disease (COPD) ;
solution called CCSAdvantage. Inovalon uses advanced data management and analytics to identify
gaps in care and quality, as well as determining the most effective and efficient ways to resolve them.
Linking this insight with Inovalon's integrated call centers and in-market resources, SmartCare
provides for an unparalleled level of patient-specific matching between needs and targeted
intervention one focused upon the member and coordinated with the provider. (Exhibit 5 , 6)

Exhibit 6 Commercialization of technology Objective evidence

Blue Cross Blue Shield, Molina Healthcare to select Chronic Disease Care Solution Portal

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Articulation: As mentioned in exhibit 5, at Medassurant Chronic care software I developed


generated large amount of revenue and customers for this product were Emblem, Molina
healthcare and Blue Cross Blue Shield.

Exhibit 7 Articulation: At GE worked with Chief Technology Officer of GE Transportation Steve


Edner, We were a team of two software engineers. I led development of dashboard applications; worked
in a very fast fast environment; nights and weekends. Software generated revenue for GE in millions.
Used latest Microsoft technologies. Application development /support for remotely monitoring GE assets
such as energy transformers for GE Energy, jet engines for GE Aviation , water systems for GE Water.

This product I developed is part of the emerging field of Internet of Things where GE, IBM, Cisco
and Intel estimate several trillion dollars of new economic value will be created.

Work Products
GE Transportation Application (I Madhuri developed below product shown in screenshot)

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GE Aviation Application

Exhibit 8 Employment letters

Exhibit 9 Company Acquisition Commercial success.

Articulation: At another leading cybersecurity company BeyondTrust that was acquired by Symark for
$20 million and eventually by Veritas Capital by $310 million, Madhuri developed and lead development
of automation test framework. Her resume caught eyes of investors. Earlier more than half of products at
BeyondTrust were acquired by Microsoft.
Robert Hogan manager at Beyondtrust mentioned to me/team in 2009 that Symark executives looked
at your (Madhuris) profile and liked it. It helped to convince investors to sell this company for
$20 million
http://www.bloomberg.com/news/articles/2014-09-02/veritas-capital-agrees-to-acquire-beyondtrust-
for-310-million

Symark buys Beyondtrust for $20 million in 2009.


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http://venturebeat.com/2009/09/14/symark-acquires-beyondtrust-in-run-up-to-ipo/

September 14, 2009 9:53 AM


Camille Ricketts

Symark Software, maker of security applications that only allow network access to IT professionals, has
acquired a smaller rival,BeyondTrust, for a little over $20 million. Following the merger, the company will
operate under the BeyondTrust name, hoping that the boost in customers and revenue will carry it to a
lucrative public offering next year.
Agoura Hills, Calif.-based Symark is owned by Insight Venture Partners. The deal will also give the
company a Windows-version of its technology. Before, it only offered security solutions for Linux and
Unix.
Microsoft buys DesktopStandard

Desktop Standard Bought by Microsoft Mostly By Doug Barney 10/03/2006


This week, Microsoft announced the acquisition of DesktopStandard Corp. of Portsmouth, N.H. Formerly
called AutoProf, the company was known for its line of PolicyMaker group policy tools.

Microsoft acquired the entire company and product line with one exception. DesktopStandard CEO John
Moyer hung on to Policy Maker Application Security. In fact, Moyer is using the product as the basis of a
spinoff, BeyondTrust, also based in Portsmouth.

The mission of BeyondTrust is "to make the Windows platform the most secure platform out there," Moyer
said in an interview Monday.

According to Moyer, "There is too much trust out there.," meaning that users must often be given admin
privileges in order to run certain applications, forcing IT to "trust" those users. The result is that these
same users are often overrun by spyware and malware.

BeyondTrusts Privilege Manager is one answer. The tool "elevates the app rather than elevating the user
so the app can run," Moyer said. An application that ordinarily needs admin privileges can be elevated to
have those privileges, but "nothing else does," Moyer explained.

The trick is to use an extension to Group Policy that can set permissions for applications.

BeyondTrust has some 20 employees, including many from DesktopStandard. "Microsoft is picking up a
number of tech folks, but didnt have a lock on all of them," Moyer
said.___________________________________________________________________

1. Articulation: I worked for Entrepreneur Company like Beyondtrust whose founder sold company to
Microsoft. And when I was there in 2009; Symartk acquired Beyondtrust. I led automated test software
platform development there. We were very small team of few engineers; my role/contribution was
leading/critical. I also integrated component of product that was part of Microsoft operating system.
Microsoft already had several patents on this piece and I developed a solution which would allow us to
integrate the software without infringing Microsoft patent.
In 2014 Beyondtrust is acquired by Symantec.
BeyondTrusts customers range from 8 of the worlds 10 largest banks and 8 of the worlds 10 largest
aerospace and defense firms, to 7 of the 10 largest U.S. pharmaceutical companies, and other

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prestigious universities across the globe. (http://dataconomy.com/veritas-capital-buys-leading-


cybersecurity-solution-provider-beyondtrust-for-310-million/ )

Exhibit 10 Mark sheets/ Degree certificates


Exhibit 12 Professional training /Certifications
Exhibit 13 Approved EB2 -PERM /Labor certification filed by GE.Note: GEHC didnt file I-140.
Exhibit 14 Global Services Technology -GE Innovation challenge project : iService @
smartdata
Articulation:GEHC innovation challenge project was a business plan submitted while at GE in 2012
with application of cloud technology for medical devices and application. But now I have realized that for
cloud computing security is a major concern. US, Europe connectivity is maximum and in developing
countries connectivity is at ground ZERO. Things get hacked daily hence I am no more pursuing cloud
project.

4. Product I developed and critical to organizations success/activities. Key


person/leading/critical role. Commercialization of technology. Objective evidence

Articulation: What I meant in terms of commercial success as I am not an artist so Box office sales
does not apply to me. But what I meant was commercialization of technology and/or product.

At Raindance, their nano technology was sitting in the lab, not applicable to commercial use when I
joined in 2008. Raindance. In My leading, critical role as a software engineer where I made
original/significant contribution for Genome Sequencing instrument RDT 1000 product
development.

This instrument enabled commercialization of technology. Several senior scientists including Jason
Warner ( Jasons linkedin profile : http://www.linkedin.com/pub/jason-warner/9/703/666 ) at Raindance
appreciated in 2009 that Madhuri, your software/product engineering work is very significant, scientific
and led to success of this product development, you should be proud of what you do.. All work you did is
original, unique and of great value.

4.1. RainDance commercialized part of this technology in 2009 with the release of
the RDT-1000 platform; where my role was critical/leading/major significant
original contribution.

( http://innovation.cancer.gov/about/outputs/tech/raindance.asp ).

4.2. Commercialization of technology Objective evidence


Press release:

LEXINGTON, MASSACHUSETTS, U.S.A., -- RainDance Technologies, Inc., a provider of innovative


microdroplet-based solutions for human health and disease research, today announced the commercial
release of its Sequence Enrichment Solution for sales in North America.

"This milestone represents the first commercialized application of our exciting RainStormTM
microdroplet-based technology platform," said Chris McNary, President and Chief Executive Officer of
RainDance Technologies.
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RainDance's initial application will focus on the targeted sequencing of the human genome " one of
the fastest-growing segments of the $1 billion DNA sequencing market. This application will enable
the high-resolution analysis of genetic variation between individuals and populations at a level unmatched
by current methodology.

RainDance was founded in 2004 by scientists from Harvard University; the Medical Research Centre in
Cambridge, England and the ESPCI in Paris. ( http://www.massbio.org/news/member_news/37-
raindance_technologies_announces_commercial/industry_news_detail )

4.3. Objective evidence: My role was critical, and of significant importance to the
outcome organizations activities/existence.
Raindance funding info from garage to millions. I was part of founding team. ONLY
rockstars can deliver in such high demand environment.

They didnt want to pursue greencard due cost/obligation.

Articulation: I worked at RDT from Feb 2008 to Feb 2009, developed RDT 1000; companys first
commercial product from scratch. This product generated significant revenues and company first
raised $6 million funding in 2009. Since 2009 to till date has raised more than $100 million. My role
was critical, and of significant importance to the outcome organizations activities/existence.

Source: https://angel.co/raindance-technologies

No Stage Apr 24, 2009

$6,000,000
Series D Jan 25, 2011

$37,500,000
Mohr Davidow Ventures
VC Firm Menlo Park
Acadia Woods Partners
VC Firm Greenwich

No Stage Apr 29, 2013

$20,000,000
Mohr Davidow Ventures
VC Firm Menlo Park
Acadia Woods Partners VC Firm Greenwich

No Stage Sep 22, 2013

$35,000,000
Capital Royalty

No Stage Mar 3, 2014

$16,500,000
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Northgate Capital , Danville, CA


GE Ventures ,Fairfield, CT

4.4. Objective evidence : Commercialization of technology/success:

Rothberg startup Ion Torrent (sister company of Raindance ) acquired for up


to $725M - Boston Business Journal.. Mass High Tech

Aug 17, 2010, 5:05pm EDT


Michelle Lang
Ion Torrent Systems Inc., a DNA sequencing system developer in Guilford, Conn., has been acquired
today
for $375 million in cash and stock by Life Technologies Corp., a California biotech tools company.
The buyout
could bring Ion Torrent another $350 million in cash and stock, based on milestone achievements.
The Connecticut company was founded by Jonathan Rothberg, a chemical and biomedical engineer
responsible for the creation of well-known life sciences companies such as 454 Life Sciences Corp.,
CuraGen..
Corp. and Raindance Technologies

4.5. Objective evidence :Commercializaton of technology/success example :The Next


$100 Billion Technology Business

http://www.forbes.com/sites/matthewherper/2010/12/30/the-next-100-billion-technology-business/

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5. Philips Healthcare manager Hans Griesser support letter for Immigration


petition

Hans mentioned in his letter as below. Hans wrote after reviewing my resume and it is his
independent expert review.
.

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About Hans.

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6. National- sustained Acclaim, Original /significant contribution,


experts/people throughout consider foreign nationals work important.

6.1. Greg Brandeau served as the chief technology officer - Walt


Disney Studios. early career working for Steve Jobs at NeXT
Computer

About Greg : ( http://www.media.mit.edu/events/2013/04/29/media-lab-conversations-series-greg-


brandeau-and-josh-sarantitis )

In that role, he was responsible for developing and implementing the Studios technology strategies in
areas diverse as film making, marketing, and distribution. Prior to that, Brandeau held the post of senior
vice president of technology for Pixar and Disney Animation Studios. He joined Pixar in 1996 as the
Studios director of technology. After five successful years, during which he was promoted to vice
president, he left the studio to broaden his expertise within other areas of technology. He returned to
Pixar in 2004 and was promoted to senior vice president in 2006. In that role, Brandeau was responsible
for providing, maintaining, and continually adapting the systems and technology used in creating
computer animated feature films that allowed Pixar to continually be on the cutting edge of filmmaking.

Among his other career milestones, Brandeau served as chief information officer for the biotechnology
startup company, Perlegen Sciences. His resume also includes a variety of senior level positions in
Silicon Valley, including director of Operations at NeXT. Brandeau is co-authoring a book, Collective
Genius: The Art and Practice of Leading Innovation, to be published by Harvard Press.

Brandeau earned BS and MS degrees in electrical engineering from MIT. After serving in the US Air
Force, he continued his education at The Fuqua School of Business, Duke University, where he received
an MBA.

Brandeau's early career working for Steve Jobs at NeXT Computer set the stage for opportunities to
apply both his engineering knowledge and business training, and his passion for fostering creativity and
innovation in companies. He joined Pixar when it was a relatively small company, and led the effort to
develop strong teams and cutting-edge technology to establish Pixar as an entertainment
powerhouse. http://finance.yahoo.com/news/former-pixar-disney-technology-operations-225551219.html

Greg and Madhuri communication

Date: Sat, 10 Aug 2013 09:04:59 -0700


From: greg@brandeau.com
To: madhuritrivedi@hotmail.com

Hi Madhuri,

Your question is too broad. What type of role do you want to play, where do you want to live,
startup/large company etc.
-gtb

On Fri, Aug 2, 2013 at 11:43 AM, Madhuri Trivedi <madhuritrivedi@hotmail.com> wrote:

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Dear Greg,I came across your information in MIT alumni website.I have extensive experience working in
multiple industries(Healthcare,Life science, remote service, engg. training) from for products and services
from concept to delivery.
I have attached my resume for your consideration. Please let me know should you require any additional
information.
I am interested in being part of team/opportunities that you know of. Can we have quick chat. Thanks for
your time.. I look forward to hear from you soon.
Sincerely,
Madhuri

6.2. Megan Smith, United States Chief Technology Officer, Former Vice
President. Google x
Articulation: Megan Smith as kind of my mentor and she is MIT alum.

Email: From: Megan Smith (megans@gmail.com)

Sent: Sat 9/13/14 9:32 AM


To: Madhuri Trivedi (madhuritrivedi@hotmail.com); Noelle Tardieu (noelle@google.com)

Madhuri,
+ Noelle who might be able to brainstorm with you about ideas. Are you going to the Grace Hopper
Conference? Many tech companies
will be there recruiting...
-- Megan

Email :From: madhuritrivedi@hotmail.com


To: megans@gmail.com
Subject: RE: info
Date: Thu, 28 Aug 2014 17:56:20 -0500

Dear Megan Smith,


I read news about you regarding top candidate for Chief Technology Officer of USA. That's great.
Congratulations! Do keep in touch as Mentor. I need mentor like you.
Regards,

Date: Mon, 2 Dec 2013 09:58:50 -0800


Subject: Re: info
From: megans@gmail.com
To: madhuritrivedi@hotmail.com

I don't think I'm the right solution here -- but I can help with ideas... but don't depend on me alone. I think
the question is, can the GE people help re-instate you somehow for the 7 months you need... also, an
immigration lawyer would be helpful to talk with -- sounds like the first one was unhelpful so try someone
else.. will read what you sent.
-- Megan

On Mon, Dec 2, 2013 at 9:17 AM, Madhuri Trivedi <madhuritrivedi@hotmail.com> wrote:

Dear Megan,
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What is the best time to talk ...thank you.


Sincerely,
Madhuri

6.3. Mark thinks you would be great for Apple.


Articulation: Dr. Mark Nodine is Ph.d. computer science, MIT alumni and Senior member of Technical
Staff at Apple. He referred me and sent my resume for job at Apple. He hold five patents.

Linkedin profile link of Dr. Nodine:( http://www.linkedin.com/pub/mark- nodine/1/53a/605 )

Apple Worldwide Recruiting <Applejobs@email.apple.com> Wed, Sep 10,


Email: 2014 at 2:25 PM
Reply-To: Applejobs@email.apple.com
To: mcis99@gmail.com
Hello Madhuri,
Mark Nodine thinks youd be a good candidate for a position at Apple and has sent
us your resume.
Apple employees know what it takes to make products that change the worldso
when they refer someone, we listen.
An Apple recruiter will contact you if we find a good match between your experience
and an open position.
Thanks for your interest in a career at Apple.
Regards,
Apple Worldwide Recruiting
Every day, people do amazing things at Apple. What will you do?
Apple is an Equal Employment Opportunity Employer that is committed to inclusion
and diversity. We also take affirmative action to offer employment and advancement
opportunities to all applicants, including minorities, women, protected veterans, and individuals with
disabilities.

6.4. Jason Slagle, Director at Boeing, 787 propulsion


Email:
From: Slagle, Jason C (jason.c.slagle@boeing.com)
Sent: Mon 8/05/13 12:43 PM
To: Madhuri Trivedi (madhuritrivedi@hotmail.com)
1 attachment
Madhuri_Trivedi.doc (44.1 KB)
Madhuri,
Thank you for your interest in opportunities at Boeing. It is always good to hear from a fellow SDM/LGO
alum. Please take a look a Boeings career
site to learn more about our openings, and see which requisitions might be the best fit. I will also forward
your note to our skill team leader.
http://www.boeing.com/boeing/careers/
Regards,
Jason
Jason Slagle

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Director, 787 Propulsion


Boeing Commercial Airplanes
Jason.C.Slagle@Boeing.com Office: 425-266-0733 Cell:425-299-4532

6.5. Meg Whitman, CEO, Hewlett Packard (hp.com)


Email: From: Appleby, Celinda (celinda.appleby@hp.com)
Sent: Tue 6/18/13 9:08 AM
To: madhuritrivedi@hotmail.com
Dear Madhuri;
We have received your resume for HP career opportunities. I appreciate your interest, as its the people
of HP who make our
mission achievable and embody our values. At HP we know technology can change the world. Our team
is backed by the
resources of the worlds leading technology company, operating in over 170 countries and a proud
ranking on the Fortune
500, and a portfolio of solutions that empowers one billion customers around the world.
I would like to arrange some time to discuss more about your career search and your interest in HP. Can
you please confirm
the best phone number and the best time to contact you?
I encourage you to consider applying for opportunities that interest you, directly on our site. You can
review all of our current
requirements at www.hp.com/go/jobs .
You are welcome to send me your updated resume and any jobs that you apply for. I will gladly share
your resume with the
hiring teams.
We appreciate your interest in Hewlett Packard and I look forward to having the opportunity to connect
with you.
Best regards,
Celinda Appleby
Employer Branding, Digital & Social Media Program Manager
HR Global Operations, Americas Staffing Organization
celinda.appleby@hp.com T: +1 404 -774-1699
Hewlett-Packard Company
Email: From: Madhuri Trivedi (madhuritrivedi@hotmail.com)
Sent: Sun 6/09/13 2:49 PM
To: meg.whitman@hp.com (meg.whitman@hp.com)
1 attachment
Madhuri_Trivedi.doc (65.7 KB)
Dear Meg Whitman
You are always an inspiration for engineer like me to look up to. I am sending you my resume for any job
opening at HP. If you can pass it
along; I would very much appreciate.
I have interviewed a lot earlier with HP but there was not much hiring at that time.
Thanks you very much for your time and consideration. I look forward to your positive reply.

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6.6. Robert Hogan, he was my manager at Beyondtrust, He is also an


adviser for my startup Orange healthcare

6.7. Lockheed Martin related


(They wanted someone with security clearance, so did not pursue. Recruiter contacted me and I saw F
35 video in news)

Email:
On Thu, Sep 25, 2014 at 2:32 PM, Schroeter, Michael J <michael.j.schroeter@lmco.com> wrote:

Hello Madhuri,
My name is Mike Schroeter, and I am a member of the software engineer team working on flight
simulations at Lockheed Martin. I have received your
resume for consideration to join us in a software engineering position in support of our flight simulator
programs. Would you be available to discuss this
possibility in a short phone call in the next day or so? Please let me know when a convenient time would
be. I expect this initial phone call to last only
about 10-20 minutes. I am available most days between noon and 8:00 Eastern Time.
Thanks, and I look forward to hearing from you.
Job Description: http://search.lockheedmartinjobs.com/ShowJob/Id/6785/Software-Engineer-Stf/
Sincerely, Mike Schroeter Lockheed Martin Corporation

6.8. David Erickson, MIT Sloan school of management


Articulation : David was my MIT course director and he admired my professional abilities, highly of me,
mentored me, My GPA was 4.0. My classmates at MIT course had 20 years or so industry experience.
While doing projects with them I contributed equally. David Erickson gave me feedback that all your
teammates are appreciating /happy with your skills, contributions in team project.

6.9. Tushar Bhatt , Journalist Family Friend

Articulation : My uncle Tushar Bhatt; He was a family friend and my mentor. As shown below now
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Prime Minister of India Mr. Narendra Modi ( Mr. Modi was Chief Minister of Gujarat when my uncle
passed away in 2012 ) .
Being close to Tushar Bhatt I developed deep interest in business, economics and ways on how to apply
technology for growth.
http://timesofindia.indiatimes.com/city/ahmedabad/Former-TOI-editor-Tushar-Bhatt-passes-
away/articleshow/12475100.cms

Former TOI editor Tushar Bhatt passes away


TNN | Mar 31, 2012, 02.47AM IST

AHMEDABAD: Veteran journalist and former editor of The Times of India, Tushar Bhatt, 71, passed
away on Friday. He is survived by his mother, wife, a son and a daughter.

Chief minister Narendra Modi has condoled the demise of the veteran journalist. "Bhatt had a deep
understanding of Gujarat's growth and its problems. In his passing away, Gujarat has lost an expert
journalist", message from the CM said.

Family members said that Bhatt's funeral will be held on Saturday. During his 50-year-long stint as a
journalist, Bhatt was associated with The Hindu, The Economic Times (Editor), and The Times Of India
(Resident Editor) among others. "Sketches in the sand' and `Reti ma Rekhachitro' are the collections of
his articles published in the column `Random Notes'. tnn

6.10. Bill Gates Correspondence


EMAIL: From: Executive Response Team (execresp@microsoft.com)
Sent: Mon 2/03/14 6:19 PM
To: madhuritrivedi@hotmail.com
Thank you for contacting Bill Gates at Microsoft. We reviewed your email with interest and found your
correspondence may relate to Mr.
Gates' work with the Bill & Melinda Gates Foundation, which is a separate organization from Microsoft
Corporation.
The below links provide further information relating to Mr. Gates' work with the Bill & Melinda Gates
Foundation, which you may find to
be helpful for finding the right contact for you to redirect your correspondence.
Reference and quick facts - http://www.gatesfoundation.org/Who-We-Are/General-
Information/Foundation-Factsheet
Foundation Leadership - http://www.gatesfoundation.org/Who-We-Are/General-
Information/Leadership/Management-Committee
Contacting the Foundation - http://www.gatesfoundation.org/Who-We-Are/General-Information/Contact-
Us
Grant Information - http://www.gatesfoundation.org/How-We-Work/General-Information/Grantseeker-FAQ
Thank you for your interest and best wishes for the future.
Sincerely,
Office of the Chairman
Microsoft Corporation
http://www.microsoft.com

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-----Original Message-----

From: Madhuri Trivedi [mailto:madhuritrivedi@hotmail.com]


Sent: Monday, February 03, 2014 01:43 AM
To: billgates@gmail.com; Bill Gates
Cc: Madhuri Trivedi
Subject: Foundation related ideas ..I wanted to share
Respected Bill Gates,
I am a big fan of yours. You and Malinda Gates are very inspirational to me ..always! I learnt Microsoft
BASIC programming in 1995; since then it's a love between me and computers...largely because of your
contributions
in PC world ( along with other computer innovations ).
I am a lead engineer by profession. Background in electronics & communications engg, India. I have
masters degree in computer science
from Cleveland state university and post graduate management-economics from India & system design
graduate course from MIT(I
haven't completed MIT course). I have extensive work experience for designing and developing products
and services for over 8 years
now. I have worked on Genome sequencing , healthcare, enterprise security, windows security(Microsoft
bought Desktop Standard..I
worked at the spin off of acquisition Beyondtrust in 2009).
It's been great that you and Malinda Gates are working on foundation to make world a better place. I
follow those things. I would like to
use my skills and energy in a way what your foundation is doing. I wanted to share my thoughts:
It is surprising that we don't use cutting edge technology, funds, resources at hand to improve
environmental conditions, preserve
natural resources, address poverty, healthcare, infrastructure, water(drinking water and water for irrigation
& crops), food supply,
education.
We have mother Earth ..our planet ..we can't move elsewhere but it is earth..it took billions of years to
reach were we are today..Given
we have a problem in terms of degrading conditions of environmental issues, ozone layer ; along with
other conflicts between
nations/areas.
Thank you for all your great contributions !
Regards..
Sincerely,
Madhuri

6.11. INCOSE ( International Council on Systems Engineering ).

I am a member for Linkedin Group (International Systems


Engineering Network )

IEEE (Institute of Electrical and Electronics Engineers) Computer


Society Linkedin group Top contributor

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6.12. World Economic Forum Linkedin Group activities

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6.13. Dr. Jonathan Rothberg

6.14. Angellist is a leading start up network. As shown below my


profile has been popular.
CEOs, Founders, CTO, managers, engineers have communicated with me for advisors, CTO,
engineer role at their company.

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7. Original contribution of major significant example 3 Cyber Security in Healthcare


Articulation: While working at GE Security was at issue. I found security vulnerability while integrating
remote connectivity product GE InsiteExc on GE OEC mobile C arm product. I also raised concerns
about not having proper audit trails, reporting functionality.

BY JIM FINKLE BOSTON Wed Oct 22, 2014 7:11am EDT

http://www.reuters.com/article/2014/10/22/us-cybersecurity-medicaldevices-insight-
idUSKCN0IB0DQ20141022

(Reuters) - U.S. government probes medical devices for possible cyber flaws
The U.S. Department of Homeland Security is investigating about two dozen cases of suspected
cybersecurity flaws in medical devices and hospital equipment that officials fear could be exploited by
hackers, a senior official at the agency told Reuters.

A DHS review does not imply the government thinks a company has done anything wrong - it means the
agency is looking into a suspected vulnerability to try to help rectify it.

These people said they do not know of any instances of hackers attacking patients through these
devices, so the cyber threat should not be overstated. Still, the agency is concerned that malicious actors
may try to gain control of the devices remotely and create problems, such as instructing an infusion pump
to overdose a patient with drugs, or forcing a heart implant to deliver a deadly jolt of electricity, the
sources said.

The senior DHS official said the agency is working with manufacturers to identify and
repair software coding bugs and other vulnerabilities that hackers can potentially use to expose
confidential data or attack hospital equipment. He declined to name the companies.

Articulation: So I (Madhuri)did see the end. What I assessed in terms of security while at GE from
2011 to 2013; government officials are looking into that seriously.

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I am security savvy. My grandpa (he was not my real grandpa but he knew my family since before I was
born and he considered me as his daughter. His name was Retd. Lt. Col. C.C. Bakshi. He worked in
British army/Indian Army, was an Infantry & Intelligence Officer and he was a deputy director of Joint
Cypher Bureau. I am passionate about information security because of him mainly) He passed away in
2008 at the age of 94.

8. Original contribution of major significant example 2 Cyber Security

10.09.14 / Joe McGarvey

Which Fortune 500 Boards of Directors are Taking Cyber Security Seriously?

http://bizblog.blackberry.com/2014/10/taking-cyber-security-
seriously/?utm_medium=social&utm_source=LINKEDIN_COMPANY:BlackBerry&utm_campaign=Enterpr
ise&linkId=9948719

Though these calls for action, coming from multiple sources, suggest an insufficient awareness of
business-crippling threats at an organizations highest levels, available evidence tells a more complicated
story:

General Electric, somewhat surprisingly, given that it is not a major player in the financial services
industry, issued a warning to shareholders in documents dating back to 2010.

Articulation: While at GE I worked with tenacity and applied my experience and skills to bring up
security concerns. And now in 2014, GE took it seriously.

9. Original contribution of major significant example 3 Cyber Security in Healthcare

BY GRAHAM CLULEY POSTED 24 OCT 2014 - 03:03PM

Could hackers give you a heart attack or drugs overdose?

http://www.welivesecurity.com/2014/10/24/hacker-heart-attack-medical/?CMP=spc-linkedin-health-blog-
hacker&utm_source=linkedin.com&utm_medium=post&utm_campaign=esetna&utm_content=health

Articulation: While at GE from 2011-2013; I worked with tenacity to take security of medical
device seriously. In 2013/2014 everyone is taking about security..

10. MedAssurant Job offer / Leading role job Title, duties and responsibility.
Articulation : When a company makes an offer for a leading role especially Fortune 10 company like GE;
a person MUST possess Leading role capacity and MUST be qualified to do so. Then ONLY a person
gets an offer.

Medassurant was not willing to sponsor my green card. And Philips Healthcare wanted to hire me. I have
whole day onsite interview at Philips in Maryland (Medassurant was also in Maryland). Medassurant
manager found out about Philips and later I moved to State of Indiana..Dept. of disability and
rehabilitation (DDRS). My extended family person was a fighter pilot in India. Due to faulty MIG accident
he became paraplegic /disabled and government helped him for vocational/rehabilitation. He died after
sometime of this accident. But I strongly wanted to work for DDRS because it was for greater good.
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..

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..

..

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11. GE Job offer / Leading role job Title, duties and responsibility.

Articulation : When a company makes an offer for a leading role especially Fortune 10 company like GE;
a person MUST possess Leading role capacity and MUST be qualified to do so. Then ONLY a person
gets an offer. GE has been known in press for Tax Heaven and finance issue. After PERM certified, next
step was to file I140; several immigration attorney said that GE does not want to show their finances to
government. SO they framed you and didnt file I 140. Also because they were doing a fraud they got rid
of me as to remove a witness and retaliate. GE has outsourced everything to India and China; keeping
me on a payroll is FACTOR of COST. They prefer cheap labor.

GE Healthcare
October 11, 2011

Dear Madhuri:
Congratulations! We are pleased to offer you the position of Software Engineer, Global Services
Technology located in Waukesha, Wisconsin. This position is in the Lead Professional Band
and your starting gross annual salary is $90,000.00 to be paid bi-weekly.

We are excited to have you join the GE Healthcare Team! If you have any questions, please
contact me at 262-
524-5152 or your Human Resources Manager, Mike Truman at 262-853-6054.
Sincerely,
David Mehring
Global Engineering Manager Platforms
Cc: Mike Truman
1433058

12. Articulation: GE EB2 PERM

13. On December 2012, General Electric Healthcare (GE) filed PERM labor certification
under EB2 person with exceptional ability-advanced degree. ETA Case number: A
12333 17601 which was approved in May 2013. GE Healthcare has not filled I -140
after PERM ETA Case number: A 12333 17601 was certified. GE didnt file I 140.
At GE Healthcare, I came across and reported quality issues, and security vulnerabilities including where
80,000 plus medical devices communicate with remote service software application and lots of patient
data is handled. There were 600 (defects/design non conformances)-2000 quality issues in production.

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14. At United Technologies

15. Articulation: We developed cutting edge wireless security system ..This technology
was patented as know. My name is not on the team but manager and systems
engineers name is there. I joined UTC just after graduating from Cleveland state
and having a fresh divorce.
I have deep technical expertise and business acumen. People have given feedback/comment that you
are future Sloan executive. I attended MIT Sloan School of management so.

16. GE Intelligent platforms offered me a fulltime job


Articulation: GE Intelligent platforms offered me a fulltime job on phone as an advanced software
engineer. But then they said GE took TARP money etc they cant sponsor my visa for sometime. They
promised that I join as a consultant ; soon they will make fulltime offer. I worked nights and weekends.
This project in a very fast delivery deadline generated multi-million dollar revenue for GEIP. I was a
critical/lead developer solely responsible for capturing requirements, generating tech specs and
developing user interfaces, integrate with back end. There was one engineer who worked on data part.
So it was team of two; in which my role/contribution was significant. I worked with Chief technology
officer of GE Transportation directly on this project. After this projects success, GEIP got major funding
for developing remote connectivity platform all across GE(while at GE Healthcare, I worked with that
GEIP team on this remote platform development) I have attached LCA for GE transportation filed in 2010.

17. GE and Medassurant


Articulation: I joined Medassurants CCSAdvantage group. I have referenced
CCSAdvantage in my resume, personnel statement, press release and EB1 criteria/edibility
establishment. I single handedly lead/developed Chronic care portal-part of CCSAdvantage,
successful product and important to Medassurant business.
__________________________________________________________________________
At Medassurant; company hired a security consulting company to access security of their
software products. Old product in my group CCS advantage failed several security tests,
PASSWORDS for production databases/applications were HARDCODED (This product
was developed years before I joined and I was not involved in any aspect. My role was to
develop another product in the same group). Security consulting company was able to hack
production/live application and access most of the PHI ( protected health information)
along with other sensitive/confidential data.
I was diligent on addressing such security issues when I was developing another Chronic
care software product all by myself at MedAssurant before security consulting company
advised. I believe in being proactive than being reactive. Audit trails, reporting and
security best practices are some of the ways to secure products. Recently President Obama
and Congress have passed several executive orders/laws related to audit trails, reporting
and security.
At GE, principal engineer Bill Barbiaux have testified that I found security vulnerability in
remote connectivity product that communicate/control medical devices; that security
vulnerability could have become issues in the field. It was my leading (I was again one
man army for this task )/ original contribution of significant importance and critical
to outcome of GEHC business. Manager at GE have wrote in my performance appraisal
that I applied out of the box thinking and developed quality product. (I have attached GE
performance appraisal)

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Form 8. Certificate of Compliance Pursuant to 9th Circuit Rules 28-1.1(f), 29-


2(c)(2) and (3), 32-1, 32-2 or 32-4 for Case Number

Note: This form must be signed by the attorney or unrepresented litigant and attached to the end of
the brief.

I certify that (check appropriate option):

This brief complies with the length limits permitted by Ninth Circuit Rule 28-1.1. The brief is 5409
words or pages, excluding the portions exempted by Fed. R. App. P. 32(f), if applicable. The brief's
type size and type face comply with Fed. R. App. P. 32(a)(5) and (6).

s/Madhuri Trivedi May 12th 2017

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