gunabcd
05-24 03:10 PM
I'm surprised that everybody in this thread got so scared of the language in a stupid bill and stopped thinking how clever Indians are in finding loopholes. I hate when all the extra-ordinary people think in the same direction. To start with, is it possible that these jokers will pass anything agaist the will of big techs like microsoft, intel, csco, think again? even if they did to make average(stupid) Joe happy, they wil keep loopholes making the law irrelevent. e.g. H1 quota limited but L1 unlimited. businesses more than 50 emps can not have more than 50% H1Bs, what do u think big desi consulting cos are in trouble? they will simply 10 more companies each having 49 people.
Other direction: when i came to US in '99 from SEEPZ, my US salary(in Rupees) was 12 times my indian salary, now it's just 2 times. Indian salaries are increasing 10-20% every year, and Dollar is going down (down 20% in 6 years, 40% including indian inflation), very soon there will be no advantage in coming over here, and you are worrying about future H1s having trouble getting GC?
No matter how stupid and selfish politician look/sound they always think about their contries future, and folks these are US politicians. take it easy and take a walk outside, it's nice out there.
Other direction: when i came to US in '99 from SEEPZ, my US salary(in Rupees) was 12 times my indian salary, now it's just 2 times. Indian salaries are increasing 10-20% every year, and Dollar is going down (down 20% in 6 years, 40% including indian inflation), very soon there will be no advantage in coming over here, and you are worrying about future H1s having trouble getting GC?
No matter how stupid and selfish politician look/sound they always think about their contries future, and folks these are US politicians. take it easy and take a walk outside, it's nice out there.
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thomachan72
07-20 03:30 PM
Hi John, thanks for bringing this to the attention of our members. Lets hope everybody finds time to call Sen Cornyn to thank him for introducing this bill. Another thing I wanted to say is that, our members are all busy with 485 filing and stuff so we can expect a response only after the 17th of August when the excitement of 485 filing is over. Even though it was defeated it doesn't seem to be a very hated idea by the majority since 5 more votes would have made it safe. So there still seems to be a positive factor lingering around for us the "legal immigrants". Hope we are able to capitalize on it soon. IV is infact becomming stronger and more influential thanks to the dedicated efforts of the leader and the members. Pls keep up the spirit for all of us. We need vigilant people like you to do the work to spot opportunities and failures for the community. Thanks.
vinodmp
02-11 09:52 PM
digging through my old documents now.
I was mistaken reading the labor cert application. It did say "we accept BS + 5 years progressive experience".
I am 3 year Eng diploma + 1 year Eng post Diploma + 10 year exp in India + 5year Exp in US before filing Labor Cert .
I do have a copy of the Educational evaluation used by my old attorney which says US master equivalent.
As one member pointed out , there is a possibility that my original employer might have sent a letter saying Labor cert has mistakes but I have no way to confirm that . Or it could that the Officer is just trying to find any small thing to make the case deny.
I am digging all my old docs to give it to my attorney and see what he is going to day .
Thanks for all the support folks .
-vinod
I was mistaken reading the labor cert application. It did say "we accept BS + 5 years progressive experience".
I am 3 year Eng diploma + 1 year Eng post Diploma + 10 year exp in India + 5year Exp in US before filing Labor Cert .
I do have a copy of the Educational evaluation used by my old attorney which says US master equivalent.
As one member pointed out , there is a possibility that my original employer might have sent a letter saying Labor cert has mistakes but I have no way to confirm that . Or it could that the Officer is just trying to find any small thing to make the case deny.
I am digging all my old docs to give it to my attorney and see what he is going to day .
Thanks for all the support folks .
-vinod
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Hassan11
02-09 03:35 PM
Yes the initial reason for denial is bogus, but they may still deny it because of "too restrictive requirements"[/QUOTE]
What do you mean by "too restrictive requirements"?? so do you think I will be better off finding another job with a different company so I can apply for a new PERM (EB2) or just wait for the appeal that is now over 6 months??
Also, I know that the reviewing officer is supposed to review my appeal request and send a copy to the appeal board so they can make a decision but he/she has not done that because I convinced the HR in my company to call the board of appeal and they said they haven't received my appeal request from the reviewing officer ( he was supposed to send it within 30 days). he has had my appeal request for over 6 months. I am not sure what to do at this stage. I feel like I am stuck.
What do you mean by "too restrictive requirements"?? so do you think I will be better off finding another job with a different company so I can apply for a new PERM (EB2) or just wait for the appeal that is now over 6 months??
Also, I know that the reviewing officer is supposed to review my appeal request and send a copy to the appeal board so they can make a decision but he/she has not done that because I convinced the HR in my company to call the board of appeal and they said they haven't received my appeal request from the reviewing officer ( he was supposed to send it within 30 days). he has had my appeal request for over 6 months. I am not sure what to do at this stage. I feel like I am stuck.
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nlssubbu
08-22 07:18 PM
This is what happens after 485 receipts.
1. If one has not applied for EAD and TD , one applies for them and wait anxiously for their receipts.
2. Meanwhile some people start getting FP notices and one does not receive them he or she gets anxious. Finally one gets FP.
3. Meanwhile one gets the receipts for EAD, TD. One keeps checking the status online.
4. One goes and gives finger prints for INS.
5. Finally one gets his or her EAD and TD after 5 to 6 months , One enjoys the moment briefly.
6. Its almost a month since one received EAD and AP , Its time to apply for renewal.
7. Repeat step 1
8. Its almost 15 months since the first FP and one receives the second one because "Finger prints expire" ,
One has to repeat these steps in a cycle for almost 6 to 10 years depending on PD and "Nationality"
Meanwhile if USCIS changes any processes anywhere in the pipeline expect further delays.
I think best thing is to do participate in IV activities.
You covered everything pretty much except the address change and issues followed with that :p
1. If one has not applied for EAD and TD , one applies for them and wait anxiously for their receipts.
2. Meanwhile some people start getting FP notices and one does not receive them he or she gets anxious. Finally one gets FP.
3. Meanwhile one gets the receipts for EAD, TD. One keeps checking the status online.
4. One goes and gives finger prints for INS.
5. Finally one gets his or her EAD and TD after 5 to 6 months , One enjoys the moment briefly.
6. Its almost a month since one received EAD and AP , Its time to apply for renewal.
7. Repeat step 1
8. Its almost 15 months since the first FP and one receives the second one because "Finger prints expire" ,
One has to repeat these steps in a cycle for almost 6 to 10 years depending on PD and "Nationality"
Meanwhile if USCIS changes any processes anywhere in the pipeline expect further delays.
I think best thing is to do participate in IV activities.
You covered everything pretty much except the address change and issues followed with that :p
jsb
08-03 04:27 PM
What makes people think that USCIS has preadjudicated cases in the order of priority date. If they have preadjudicated cases from 2005,2006 and left the cases from 2003 -2004 then it is the same mess an d i can bet that knowing USCIS chance of this are very very high so even if your date gets current it is still luck whether you get GC ornot.
EB2 - I
PD: Jul 2004
While everything appears at USCIS to work randomly, but there is some order. They claim, and also follow, that they process application in order they receive. "Process" means to open a case the first time, and order they "receive" means when a center enters a case data in the system (this date is close to ND). Until this point, PD has no role to play. Described processes work well for non-retrogressed cases (for countries other than India, China, etc.). If a case is opened, and its all in order to clear except the visa availability, it is called preadjudication. Procedures described (see link below, although they may have changed since), state that once case is preadjudicated, they should be ordered in PD sequence for further work.
http://www.ilw.com/seminars/august2002_citation2b.pdf
Of course, if there is nothing preadjudicated, cases will go in sequence of "received date", which is close to ND, as PD is not even recorded in the system anywhere until a case file is opened.
EB2 - I
PD: Jul 2004
While everything appears at USCIS to work randomly, but there is some order. They claim, and also follow, that they process application in order they receive. "Process" means to open a case the first time, and order they "receive" means when a center enters a case data in the system (this date is close to ND). Until this point, PD has no role to play. Described processes work well for non-retrogressed cases (for countries other than India, China, etc.). If a case is opened, and its all in order to clear except the visa availability, it is called preadjudication. Procedures described (see link below, although they may have changed since), state that once case is preadjudicated, they should be ordered in PD sequence for further work.
http://www.ilw.com/seminars/august2002_citation2b.pdf
Of course, if there is nothing preadjudicated, cases will go in sequence of "received date", which is close to ND, as PD is not even recorded in the system anywhere until a case file is opened.
more...
dixie
11-09 05:32 PM
The one important thing people conveniently forget about CIR : the illegal aliens will NOT be able to apply immediately for a green card. Thats pure baloney being spread by vested interests like our self-appointed "Ombudman".
If you care to read the fine print, the original CIR has clearly mandated that all legal applications pending at the time of passage must be cleared before ANY illegal alien can apply for a green card. So assume CIR gets passed into law on 30 jan 2007 (OK that was overly optimistic :) ). All family-based and employment-based petitions with a PD prior to 30 Jan 2007 must be cleared before any illegal alien is eligible to apply. Anybody who has glanced at the visa bulletin might know that retrogression in FB goes back to 1980 in some categories. So, it may well be close to 25 years before any of today's illegal aliens can apply for a visa number. I would think that is sufficient time for congress to shore up USCIS to reach the strength required to process that many applications. This is the INTENT of the original CIR, what changes in the new (posibly more liberal ? ) version and how strictly USCIS will implement it is a different ball game altogether.
Realistically, it is highly unlikely that a democratic congress or the president will entertain standalone legislation like SKIL given the chances of CIR being revived. So chances are any relief we can get has to come through a comprehensive measure like CIR.
Assuming this congress and senate would favor CIR...
is CIR good for us. Last time around when we discussed we concluded that it would overwhelm USCIS with work and they would not be able to attend our application for a while. So i wonder tagging along with illegals is going to speed our cause?
If you care to read the fine print, the original CIR has clearly mandated that all legal applications pending at the time of passage must be cleared before ANY illegal alien can apply for a green card. So assume CIR gets passed into law on 30 jan 2007 (OK that was overly optimistic :) ). All family-based and employment-based petitions with a PD prior to 30 Jan 2007 must be cleared before any illegal alien is eligible to apply. Anybody who has glanced at the visa bulletin might know that retrogression in FB goes back to 1980 in some categories. So, it may well be close to 25 years before any of today's illegal aliens can apply for a visa number. I would think that is sufficient time for congress to shore up USCIS to reach the strength required to process that many applications. This is the INTENT of the original CIR, what changes in the new (posibly more liberal ? ) version and how strictly USCIS will implement it is a different ball game altogether.
Realistically, it is highly unlikely that a democratic congress or the president will entertain standalone legislation like SKIL given the chances of CIR being revived. So chances are any relief we can get has to come through a comprehensive measure like CIR.
Assuming this congress and senate would favor CIR...
is CIR good for us. Last time around when we discussed we concluded that it would overwhelm USCIS with work and they would not be able to attend our application for a while. So i wonder tagging along with illegals is going to speed our cause?
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chanduv23
08-13 07:41 PM
Please feel free to comment or correct any facts.
Excellent job
Common man may not understand this - too complicated for a common man who is not well versed with immigration stuff.
Can english_august or franklin help modify this so that a commoner will understand the facts and what kind of mess he is in.
Excellent job
Common man may not understand this - too complicated for a common man who is not well versed with immigration stuff.
Can english_august or franklin help modify this so that a commoner will understand the facts and what kind of mess he is in.
more...
rameshvaid
03-15 09:57 PM
Thank you for all quick replies.
It's been about an year the case has been closed. I can't expunge it for 4 more years. The attorney said it may not be under CMT. I think even though we expunge it, in future where ever we go, if asked that ever got arrested, we need to say YES right?
My attorney says it should be OK.. I am not sure what to be done as you said it all depends on the VO
I am praying god for the silly thing have done and help me in this..
Never repeat a mistake again...
Guys, please help me if any one knew any info...
Thank you very very much!!!
In Ohio expungement can be done after 12 months and I neither know which state you are in nor I know the rules of any other state. The best bet is talk to a good criminal attorney. You are stuck with this case for quite some time and u need to talk to a good attorney.
Good Luck..
RV
It's been about an year the case has been closed. I can't expunge it for 4 more years. The attorney said it may not be under CMT. I think even though we expunge it, in future where ever we go, if asked that ever got arrested, we need to say YES right?
My attorney says it should be OK.. I am not sure what to be done as you said it all depends on the VO
I am praying god for the silly thing have done and help me in this..
Never repeat a mistake again...
Guys, please help me if any one knew any info...
Thank you very very much!!!
In Ohio expungement can be done after 12 months and I neither know which state you are in nor I know the rules of any other state. The best bet is talk to a good criminal attorney. You are stuck with this case for quite some time and u need to talk to a good attorney.
Good Luck..
RV
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drirshad
03-13 12:07 PM
This is from a Jagjit Singh Ghazal for the current situation:
Ronay walon sey kaho unka bhi rona rolay
Jinko majboor yeh haalaat ne ronay na diya
Warna kya baat thi jis baat ne ronay na diya
Translation:
Ask the people who are complaining to also complain for those
Who are in circumtances that do not allow them complain
Otherwise every situation is worth a complain ............
Ronay walon sey kaho unka bhi rona rolay
Jinko majboor yeh haalaat ne ronay na diya
Warna kya baat thi jis baat ne ronay na diya
Translation:
Ask the people who are complaining to also complain for those
Who are in circumtances that do not allow them complain
Otherwise every situation is worth a complain ............
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bluekayal
01-06 11:30 AM
Just gave my token 2 cents. I'll do flyers on the weekend.
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WillIBLucky
02-07 01:43 PM
I think your company HR should get convinced for filing in EB2. The lawyer will hear what your company HR says. Yes its salary and designation that matters. I think a Senior with Masters and good salary can ask for filing in EB2. But if your HR by rule has decided that your position does not require Masters then you cannot file in EB2.
Most of the big companies have this rule. If you are with a small company and your access link to HR is not hard then you can convince them to consider for EB2.
Good Luck.
Most of the big companies have this rule. If you are with a small company and your access link to HR is not hard then you can convince them to consider for EB2.
Good Luck.
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windingroad
03-02 02:23 PM
Have we considered putting up ads in Indian/Chinese community
magazines like India Currents, Siliconeer ? It might work out to be
cheaper than online ads on Sulekha. I presume these magazines have
pretty good readership since most of them are distributed for free.
Also, it would give us good visibility if we could get one of these magazines
to do an article on EB retrogression and mention IV efforts as part of it.
magazines like India Currents, Siliconeer ? It might work out to be
cheaper than online ads on Sulekha. I presume these magazines have
pretty good readership since most of them are distributed for free.
Also, it would give us good visibility if we could get one of these magazines
to do an article on EB retrogression and mention IV efforts as part of it.
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vahdam
11-01 07:39 PM
i guess the theory sounds feasible, but practically speaking, it cannot be executed at this time.
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lazycis
11-29 02:05 PM
You've got it.
You do not have to copy the USCIS. Be nice and polite. Explain that you applied for EAD more than 90 days ago. Provide your I-765 receipt number.
Ask them to follow procedures in Aytes memo. Show the memo. Ask them to contact NSC where your I-765 is pending and alert them about your situation. (Contact NBC or Service Center to initiate EAD production—either Interim or Non-Interim). Ask them to provide Notice to you acknowledging status inquiry. If IO refuses to do that, ask to talk to the supervisor and repeat the above. It works. Basically, the federal regulations require them either to issue EAD in 90 days or issue interim EAD.
You do not have to copy the USCIS. Be nice and polite. Explain that you applied for EAD more than 90 days ago. Provide your I-765 receipt number.
Ask them to follow procedures in Aytes memo. Show the memo. Ask them to contact NSC where your I-765 is pending and alert them about your situation. (Contact NBC or Service Center to initiate EAD production—either Interim or Non-Interim). Ask them to provide Notice to you acknowledging status inquiry. If IO refuses to do that, ask to talk to the supervisor and repeat the above. It works. Basically, the federal regulations require them either to issue EAD in 90 days or issue interim EAD.
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styrum
02-09 08:23 PM
Here I got it from CIS site. The position must require MS but if you have BS+5 you qualify for it and hence for EB2:
EB-2 Eligibility and Filing
The EB-2 classification includes: aliens who are "members of the professions holding advanced degrees or their equivalent" and aliens "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States."
A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.
RESUME: To file under EB2, if the position by its code falls under job zone IV for the requirements to be "normal" it needs to require MS + 0 experience, but the applicant may have BS + 5. For zone V the position should require MS at least again, and may require experience. But, again, your BS + 5 will be counted as MS (you will need more than 5 if any additional experience is required, obviously).
EB-2 Eligibility and Filing
The EB-2 classification includes: aliens who are "members of the professions holding advanced degrees or their equivalent" and aliens "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States."
A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.
RESUME: To file under EB2, if the position by its code falls under job zone IV for the requirements to be "normal" it needs to require MS + 0 experience, but the applicant may have BS + 5. For zone V the position should require MS at least again, and may require experience. But, again, your BS + 5 will be counted as MS (you will need more than 5 if any additional experience is required, obviously).
more...
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logiclife
05-29 12:54 PM
I tend to disagrees with your comments, firstly please dont call this a stupid event, as a lot of young students strive to win this competition. In order to lead you have to follow, I have come across some smart ass Indians who love to talk and give directions, but they miss whole chunk of substance in their directions. (I don't mean to target you or disrespect any one else up here).
Your commments on parents motivating their childeren to strive for success in their lives, their is nothing wrong in that, would you rather have them go smoke dope and jerk around to waste their time? I am indian and proud to be, , above all proud that my parents pushed me to excel and do better with the opportunities granted to me.
However it is some desi companies who brought in the trend of lying and faking to get thie ways. But believe me , they dont get much further in their lives. I am glad strict restrictions are imposed on these companies, and the type of consultants they bring on board.
Is it fair that the person doing Masters from this country be put in the same boat as a fresh of boat from India?
Good Luck!
The famous quote is: You can only fool me once!
I would further say, what is the difference between you and anti-immigrants in this matter ? You are saying that certain class of people should be kept out of the job market and you have your reasons. Since you are probably US educated, you want those who are non-US educated out of competition. Do not give me the BS reason that those with non-US education are the only ones that fake their resume. As far as faking the resume goes, or bragging goes, its up to the individual. It could be anyone, including Presidents that fake resumes or pad it with embellishments.
The anti-immigrants are saying that they were born here so those who were not born here should be kept of out the job market to reduce competition (and spur wage inflation, which they would call fair wages, but its really wage inflation, the kind that drowned GM and Chrysler).
Would it not behoove you to say that the decision of who should be hired and who shouldn't be hired must be deferred to the employers and not the Government or any other special interest ? As an employer, are they not the most capable party here to make that decision and evaluate their options ? Shouldn't people who create wealth (employers, businesses) have the prerogative to decide who they want to hire to help them create wealth ?
Your commments on parents motivating their childeren to strive for success in their lives, their is nothing wrong in that, would you rather have them go smoke dope and jerk around to waste their time? I am indian and proud to be, , above all proud that my parents pushed me to excel and do better with the opportunities granted to me.
However it is some desi companies who brought in the trend of lying and faking to get thie ways. But believe me , they dont get much further in their lives. I am glad strict restrictions are imposed on these companies, and the type of consultants they bring on board.
Is it fair that the person doing Masters from this country be put in the same boat as a fresh of boat from India?
Good Luck!
The famous quote is: You can only fool me once!
I would further say, what is the difference between you and anti-immigrants in this matter ? You are saying that certain class of people should be kept out of the job market and you have your reasons. Since you are probably US educated, you want those who are non-US educated out of competition. Do not give me the BS reason that those with non-US education are the only ones that fake their resume. As far as faking the resume goes, or bragging goes, its up to the individual. It could be anyone, including Presidents that fake resumes or pad it with embellishments.
The anti-immigrants are saying that they were born here so those who were not born here should be kept of out the job market to reduce competition (and spur wage inflation, which they would call fair wages, but its really wage inflation, the kind that drowned GM and Chrysler).
Would it not behoove you to say that the decision of who should be hired and who shouldn't be hired must be deferred to the employers and not the Government or any other special interest ? As an employer, are they not the most capable party here to make that decision and evaluate their options ? Shouldn't people who create wealth (employers, businesses) have the prerogative to decide who they want to hire to help them create wealth ?
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GCAmigo
02-23 08:57 AM
period. The country of origin is of no consequence when it comes to entertainment. It is global & let us leave it at that.
Hearty Congratulations to all the winners & the nominees!
~GCA
Hearty Congratulations to all the winners & the nominees!
~GCA
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WaldenPond
03-01 09:51 PM
Hello nviren,
Thank You for the contributions.
I think most people here can relate in some way to the loss of opportunity in the prime part of our lives. I can certainly admit to it. The figures you provided are the true and affect our lives every day.
Thank You for the contributions.
I think most people here can relate in some way to the loss of opportunity in the prime part of our lives. I can certainly admit to it. The figures you provided are the true and affect our lives every day.
unitednations
03-24 12:07 PM
although this doesn't fit 100% to your case. You may want to look at the attached administrative appeals office decision.
Essentially, a person was denied in eb2 because they had a 3 yr bsc and 2 year masters. they had education evaluationstating that masters indian degree was equal to us masters degree.
nebraska service center stated that 3+2 is not equal to masters degree. Admininstrative appeals office decision approved it saying that it didn't matter how long the combined study was. As long as foreign masters equals us masters then that is all which needs to be proven.
My experience has been that texas service center sends an rfe for this 3+2 education. I know of 8 cases where thie decision was shown in the rfe and they all 8 got approved. I know of one case in nebraska where this case was shown and they still denied it stating that it wasn't a precedent decision (person already had another 140 denied and there was some history in his case which i believe caused nebraska to deny it). Odd part was that the appeals office decision was from nebraska service center
Essentially, a person was denied in eb2 because they had a 3 yr bsc and 2 year masters. they had education evaluationstating that masters indian degree was equal to us masters degree.
nebraska service center stated that 3+2 is not equal to masters degree. Admininstrative appeals office decision approved it saying that it didn't matter how long the combined study was. As long as foreign masters equals us masters then that is all which needs to be proven.
My experience has been that texas service center sends an rfe for this 3+2 education. I know of 8 cases where thie decision was shown in the rfe and they all 8 got approved. I know of one case in nebraska where this case was shown and they still denied it stating that it wasn't a precedent decision (person already had another 140 denied and there was some history in his case which i believe caused nebraska to deny it). Odd part was that the appeals office decision was from nebraska service center
EndlessWait
04-13 12:07 PM
Its in 42s.. I bet if it goes below Rs. 40., I bet atleast ppl from India would be hesitant to come to the US.
I'd say keep all the factors in mind
1. H1 employer tied visa
2. H4 spouse tied visa ;-)
3. Unattainable GC
4. Expenses/headaches of living in USA
5. Savings in terms of Rs <---- This is the biggest one here
I'd say keep all the factors in mind
1. H1 employer tied visa
2. H4 spouse tied visa ;-)
3. Unattainable GC
4. Expenses/headaches of living in USA
5. Savings in terms of Rs <---- This is the biggest one here