rockstart
01-08 09:35 PM
Thank you so much guys for the info
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chi_shark
03-11 11:06 AM
I worked for an employer in WY 2004 as a physician and since then i resigned and moved onto another job with a new labor and I-140. However last year at the time of July isa bulletin fiasco, I asked my employer from WY in 2004 to file for an I-140 based on the previous approved labor condition in 2004 to retain that priority date under EB -2.
Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.
In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?
i think you need to have intent to work for the employer when filing 140... without intent, it is likely that this will be considered fraud. but all this comes up only if you are called for interview or if there are detailed rfe(s)... then, when you go for citizenship, this could come up again... but like someone else said, you are better off with a lawyer's opinion...
Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.
In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?
i think you need to have intent to work for the employer when filing 140... without intent, it is likely that this will be considered fraud. but all this comes up only if you are called for interview or if there are detailed rfe(s)... then, when you go for citizenship, this could come up again... but like someone else said, you are better off with a lawyer's opinion...
caforum2
04-06 10:10 PM
i am sorry..i couldnt follow todays proceedings..whn i cam to iv site in the evening..everyone says bill is dead
whn i went to immigration-law.com, they say the following
cud someone tell me which one is true??????????
We reported earlier the Senate Republican Members Agreement last night. Today, the Democratic Minority Leader and other Democractic leaders agreed to the proposal, turning the Republican agreement into the Bi-Partisan Agreement. This dramatic break-through opens a door to the possibility of passing the Senate version of Comprehensive Immigration Reform bill, S. 2454, as amended before this week is over and before the Congress goes into the recess next two weeks.
The development is accompanied by three other developments:
President released statement supporting the bi-partisan agreement;
Senate rejected the Democrat's motion to cloture for the Specter amendments to S.2454;
Senate also relected the Republican Kyl' motion for his amendments.
Now we see the light at the end of the tunnel!!
If you go toImmigration-law update time clearly says 3PM EST and IV postings are around 9.30PM EST ...so what have to be correct? the one which is posted at 3PM or 9.30 PM. You decide. Before asking same question in different place do some homework.
whn i went to immigration-law.com, they say the following
cud someone tell me which one is true??????????
We reported earlier the Senate Republican Members Agreement last night. Today, the Democratic Minority Leader and other Democractic leaders agreed to the proposal, turning the Republican agreement into the Bi-Partisan Agreement. This dramatic break-through opens a door to the possibility of passing the Senate version of Comprehensive Immigration Reform bill, S. 2454, as amended before this week is over and before the Congress goes into the recess next two weeks.
The development is accompanied by three other developments:
President released statement supporting the bi-partisan agreement;
Senate rejected the Democrat's motion to cloture for the Specter amendments to S.2454;
Senate also relected the Republican Kyl' motion for his amendments.
Now we see the light at the end of the tunnel!!
If you go toImmigration-law update time clearly says 3PM EST and IV postings are around 9.30PM EST ...so what have to be correct? the one which is posted at 3PM or 9.30 PM. You decide. Before asking same question in different place do some homework.
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jsd123
05-08 06:06 PM
I always use SBI online. Very reliable, cost effective and best conversion rates !!
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gcformeornot
08-09 09:08 PM
It has nothing to do with EB Immigration
sunny1000
11-14 01:24 PM
My wife's EAD has not yet been approved. It has been 92 days since the receive date. We had an infopass appointment today. I did not apply for EAD.
The officer we met with mentioned that the EAD is issued only after the biometrics are done. I highly doubt this is the norm. Our FP is scheduled for Nov 21st. he said that the service center will electronically send the photo/fp to nebraska. Only then can I expect to see any movement on the EAD application.
I have heard that your FP/biometrics does not have anything to with EAD. However, this officer gave us information that is totally contrary to what we have seen in recent times. He mentioned that this is the latest procedure. He suggested that we should schedule another infopass appointment only If we do not get the EAD 3-4 weeks after the biometrics.
Any inputs from people with similar experience?
Biometrics is not needed for EAD. I received mine with "NO fingerprint available" marked on the card. Please call them back or get another infopass and this time, you might be lucky to talk to somone who knows what they are saying. Or just may be, they changed the rule on the fly a few days ago regarding biometrics and EAD.
The officer we met with mentioned that the EAD is issued only after the biometrics are done. I highly doubt this is the norm. Our FP is scheduled for Nov 21st. he said that the service center will electronically send the photo/fp to nebraska. Only then can I expect to see any movement on the EAD application.
I have heard that your FP/biometrics does not have anything to with EAD. However, this officer gave us information that is totally contrary to what we have seen in recent times. He mentioned that this is the latest procedure. He suggested that we should schedule another infopass appointment only If we do not get the EAD 3-4 weeks after the biometrics.
Any inputs from people with similar experience?
Biometrics is not needed for EAD. I received mine with "NO fingerprint available" marked on the card. Please call them back or get another infopass and this time, you might be lucky to talk to somone who knows what they are saying. Or just may be, they changed the rule on the fly a few days ago regarding biometrics and EAD.
more...
eb3_nepa
04-27 06:12 PM
Not sure if this has been posted before. If not here goes. This is on immigration-law.com.
Does IV know anything about this?
04/25/2009: On-Going USCIS Efforts to Reduce Backlog in Employment-Based Immigration Applications<br><br>
Lately, I-140 and EB-485 applicants have been receiving envelopes from the Service Centers with their long-awaited approval notices, particularly those cases which were filed during and after the FY 2007 July Visa Bulletin fiasco period. Along with the development, information has been released by the stake-holder agencies of the Department of State and the USCIS indicating that there has been efforts on the part of the USCIS to eliminate employment-based immigation backlogs. In releasing the May 2009 Visa Bulletin, the State Department confirmed that the USCIS had been taking out EB visa numbers en masse exhausting all the EB-3 visa numbers available for the rest of FY 2009. This report is consistent with the information released by the USCIS on its projected processing time to four months for the employment-based I-140 petitions and EB-485 applications by the end of FY 2009, which is September 30, 2009. The goal appears to have contributed to the exhaustion of annually allocated employment-based visa numbers so that no EB visa numbers be unused or wasted by the end of FY 2009. The commitment to this goal of the USCIS is reaffirmed by yesterday's release of Mr. Michael Ayte's report on the employment-based visa processing times in the Leadership Journal of the DHS. Considering a huge backlog and processing delays in the employment-based immigration petitions and 485 applications for almost two years as affected primarily by the FY 2007 July Visa Bulletin fiasco, the recent event that evolved in the USCIS processing time change is certainly a welcome news for waiters who have suffered from the past backlogs.
<br><br>
What have tirbuted to this change? The long-term strategy for reduction of processing times for immigration benefits applications appears to be launch of "Transformation Program" that intended to achieve reduction of processing times by turning current paper-based application and processing system into complete electronization system and process focusing on the concept of digital "account" databases within approximately a period of five years. However, this program has experienced a snag. However, lately the DHS disclosed its multi-billion dollar contract with the IBM for two programs. One is to convert all the existing files and date into digitazition and the other is to develop and implement electronic application and processing system. Reportedly, for this purpose, the IBM reenforced its operation in India and the work is underway. However, report indicates that the first phase appears to focus on the digitazation of existing database rather than implementation of electronic application and processing system. Overall, the goal of the contract appears to be completed in the next five years. It thus appears that the current efforts of elimination of backlogs within this fiscal year do not rely on the progress of this program. The big momentum was created by the Congress appropriating fund for USCIS human resources. Thanks to the Congress action to give fund for hiring additional 2,000 resources, the USCIS recxruited and trained new hires who joined the USCIS field offices including Service Centers and local district and field offices, initially focusing on the job of elimination of huge naturalization applications. USCIS had been reporting that the hurdle for reduction of employment-based immigration cases was the mountain of naturalization applications that poured in around the time of FY 2007 July Visa Bulletin fiasco. Now, the naturalization application backlog is under control, inreased resources are becoming available for the employment-based immigration files. Another important factor that has contributed to the agency's recent move was the implementation name-check reduction agreement between the FBI and the DHS and the USCIS policy to complete adjudicaion of EB-485 applications when the FBI name check failed to complete within 180 days. The third factor that cannot be discounted nor minimized is the new DHS leadership's move and commitment for the elimination of the employment-based immigration case backlogs. As people may recall, the Secretary Napolitano of the DHS issued a directive to report the state of backlogs in the immigration benefit applications and the USCIS leaders plan for reduction or elimination of such backlogs. With all of the above developments combined, the employment-based immgrant community is continuously expected to witness the reduction of processing times, at least for a short term. However, long-term reduction or elimination of EB case processing backlog is likely to depend on success of the IBM contract digitization program of the USCIS. This needs continuing internal and external political support, and we hope that the Congress extends its strong support, particularly considering importance of the successful reengineering program to accomodate the potentially forthcoming avalanche and flood gate opening for case loads for the USCIS when the country passes the Comprehensive Immigration Reform legislation.
Does IV know anything about this?
04/25/2009: On-Going USCIS Efforts to Reduce Backlog in Employment-Based Immigration Applications<br><br>
Lately, I-140 and EB-485 applicants have been receiving envelopes from the Service Centers with their long-awaited approval notices, particularly those cases which were filed during and after the FY 2007 July Visa Bulletin fiasco period. Along with the development, information has been released by the stake-holder agencies of the Department of State and the USCIS indicating that there has been efforts on the part of the USCIS to eliminate employment-based immigation backlogs. In releasing the May 2009 Visa Bulletin, the State Department confirmed that the USCIS had been taking out EB visa numbers en masse exhausting all the EB-3 visa numbers available for the rest of FY 2009. This report is consistent with the information released by the USCIS on its projected processing time to four months for the employment-based I-140 petitions and EB-485 applications by the end of FY 2009, which is September 30, 2009. The goal appears to have contributed to the exhaustion of annually allocated employment-based visa numbers so that no EB visa numbers be unused or wasted by the end of FY 2009. The commitment to this goal of the USCIS is reaffirmed by yesterday's release of Mr. Michael Ayte's report on the employment-based visa processing times in the Leadership Journal of the DHS. Considering a huge backlog and processing delays in the employment-based immigration petitions and 485 applications for almost two years as affected primarily by the FY 2007 July Visa Bulletin fiasco, the recent event that evolved in the USCIS processing time change is certainly a welcome news for waiters who have suffered from the past backlogs.
<br><br>
What have tirbuted to this change? The long-term strategy for reduction of processing times for immigration benefits applications appears to be launch of "Transformation Program" that intended to achieve reduction of processing times by turning current paper-based application and processing system into complete electronization system and process focusing on the concept of digital "account" databases within approximately a period of five years. However, this program has experienced a snag. However, lately the DHS disclosed its multi-billion dollar contract with the IBM for two programs. One is to convert all the existing files and date into digitazition and the other is to develop and implement electronic application and processing system. Reportedly, for this purpose, the IBM reenforced its operation in India and the work is underway. However, report indicates that the first phase appears to focus on the digitazation of existing database rather than implementation of electronic application and processing system. Overall, the goal of the contract appears to be completed in the next five years. It thus appears that the current efforts of elimination of backlogs within this fiscal year do not rely on the progress of this program. The big momentum was created by the Congress appropriating fund for USCIS human resources. Thanks to the Congress action to give fund for hiring additional 2,000 resources, the USCIS recxruited and trained new hires who joined the USCIS field offices including Service Centers and local district and field offices, initially focusing on the job of elimination of huge naturalization applications. USCIS had been reporting that the hurdle for reduction of employment-based immigration cases was the mountain of naturalization applications that poured in around the time of FY 2007 July Visa Bulletin fiasco. Now, the naturalization application backlog is under control, inreased resources are becoming available for the employment-based immigration files. Another important factor that has contributed to the agency's recent move was the implementation name-check reduction agreement between the FBI and the DHS and the USCIS policy to complete adjudicaion of EB-485 applications when the FBI name check failed to complete within 180 days. The third factor that cannot be discounted nor minimized is the new DHS leadership's move and commitment for the elimination of the employment-based immigration case backlogs. As people may recall, the Secretary Napolitano of the DHS issued a directive to report the state of backlogs in the immigration benefit applications and the USCIS leaders plan for reduction or elimination of such backlogs. With all of the above developments combined, the employment-based immgrant community is continuously expected to witness the reduction of processing times, at least for a short term. However, long-term reduction or elimination of EB case processing backlog is likely to depend on success of the IBM contract digitization program of the USCIS. This needs continuing internal and external political support, and we hope that the Congress extends its strong support, particularly considering importance of the successful reengineering program to accomodate the potentially forthcoming avalanche and flood gate opening for case loads for the USCIS when the country passes the Comprehensive Immigration Reform legislation.
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ksahmed
11-15 04:31 PM
Service Center NSC
I-131
Primary Applicant:
10/22: Soft LUD
11/6: Document Mailed
11/7: Document Mailed (Soft LUD)
11/15: Phisically Received (The AP says I-131 was approved on 10/22)
Secondary Applicant
10/12: Soft LUD
10/31: Document Mailed
11/1: Document Mailed (Soft LUD)
11/6: Phisically Received (The AP says I-131 was approved on 10/12)
I-131
Primary Applicant:
10/22: Soft LUD
11/6: Document Mailed
11/7: Document Mailed (Soft LUD)
11/15: Phisically Received (The AP says I-131 was approved on 10/22)
Secondary Applicant
10/12: Soft LUD
10/31: Document Mailed
11/1: Document Mailed (Soft LUD)
11/6: Phisically Received (The AP says I-131 was approved on 10/12)
more...
leoindiano
02-06 01:04 PM
looks like this is what happening...
They have 100's of 1000's of cases....thrown in one dark room.
They have this Q on their computers, with cases approved Namecheck, background check, I-140, FP complete....
Now, when they are assigned with a case, they will try to find the file....Just imagine its not easy to find the case, but USCIS doesnt put any effort to sort them either.
So, he will leave that case there, go to next one...This is just my guess...
They have 100's of 1000's of cases....thrown in one dark room.
They have this Q on their computers, with cases approved Namecheck, background check, I-140, FP complete....
Now, when they are assigned with a case, they will try to find the file....Just imagine its not easy to find the case, but USCIS doesnt put any effort to sort them either.
So, he will leave that case there, go to next one...This is just my guess...
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royus77
07-05 08:40 PM
I'm not sure if you can do a PD transfer just based on receipt #. You may try the FOIA route - but please be aware that it will take about a year plus to get a copy of your 140. Now depending on your PD, you can take a guess and go ahead - either do FOIA and get a copy OR just wait until PD is current for you again.
Getting I 140 approval through FOIA was talked a lot in the other thread . I didnt hear any body claiming they got through .
one of my friend played a trick with the employer .he went to canada for stamping using his new H1B approval (H1B was approved for 3 years based on the I 140 stamp ) and call employer to send a fax from the embassy . he will do .
Getting I 140 approval through FOIA was talked a lot in the other thread . I didnt hear any body claiming they got through .
one of my friend played a trick with the employer .he went to canada for stamping using his new H1B approval (H1B was approved for 3 years based on the I 140 stamp ) and call employer to send a fax from the embassy . he will do .
more...
immi_seeker
07-12 10:10 PM
Thanks for the responses. Will call uscis on monday.
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ivgclive
03-09 02:42 PM
You are already in EAD, and hopefully crossed 185 days dead line. Why can't you go with your EAD for rest of your life?
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Green_Always
02-01 05:17 PM
Enjoy !!
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gccube
03-19 07:11 PM
gccube are you EB3 -I as well?
"
FBI Namecheck -- Cleared (02/01/2008)
FP -- Cleared "
How did you find out the status of your namecheck and FP?
I called up their customer service no and was able to reach an IO at TSC and asked about the FBI name check status. I did speak to an IO 3 to 4 times over a period of 6 months and initially it was pending but later on it got cleared. I did not ask for the exact date it was cleared but it was on feb1st 2008 that I found that it was cleared. But they did tell me the exact date on which the FBI name check was initiated. It was initiated on Aug 1st 2007 where are my 485 RD is June21st 2007.
"
FBI Namecheck -- Cleared (02/01/2008)
FP -- Cleared "
How did you find out the status of your namecheck and FP?
I called up their customer service no and was able to reach an IO at TSC and asked about the FBI name check status. I did speak to an IO 3 to 4 times over a period of 6 months and initially it was pending but later on it got cleared. I did not ask for the exact date it was cleared but it was on feb1st 2008 that I found that it was cleared. But they did tell me the exact date on which the FBI name check was initiated. It was initiated on Aug 1st 2007 where are my 485 RD is June21st 2007.
more...
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BPforGC
07-15 10:24 AM
I am in Houston and if you plan to organize a rally, I am in.
I believe by the end of this fiasco, Emilio Gonzalez will resign. This will definitely get more attention and lead to more reforms in EB category.
Guys, its plain and simple. Without techies and scientists like us, they know, that US cannot be world's technological superpower. Period.
I believe by the end of this fiasco, Emilio Gonzalez will resign. This will definitely get more attention and lead to more reforms in EB category.
Guys, its plain and simple. Without techies and scientists like us, they know, that US cannot be world's technological superpower. Period.
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kerstbrd
08-31 12:53 PM
maybe I should register another country, declare war on your's, and then all your citizens can apply for refugee/asylum.
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saturnring11
07-22 06:31 PM
You should analyze this situation based both on what it does for your career and immigration prospects.
Let's say you accept the EB3 employment with the big company. Does that get you closer to where you want to be 5 years down the line?
Can you not find an equivalent company or another job at this consulting company that would be eligible for EB2? This would be the best of both worlds.
Life is about trade-offs. You've got to make the best choice for yourself weighing the pros and cons of the situation.
If you value your career over your GC and think this is the best you can do right now, by all means jump. Otherwise, be patient and find the combination of EB2 sponsorship at another more rewarding role.
Good luck!
Let's say you accept the EB3 employment with the big company. Does that get you closer to where you want to be 5 years down the line?
Can you not find an equivalent company or another job at this consulting company that would be eligible for EB2? This would be the best of both worlds.
Life is about trade-offs. You've got to make the best choice for yourself weighing the pros and cons of the situation.
If you value your career over your GC and think this is the best you can do right now, by all means jump. Otherwise, be patient and find the combination of EB2 sponsorship at another more rewarding role.
Good luck!
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GC_1000Watt
01-03 02:05 AM
1> just carried the usual documents required, job letter, tax returns, I-129, LCA, Paystubs etc. I also carried whatever documentation I could find for my previous employers like experience letter, last few paystubs etc. Also original of degrees/transcripts.
2> I stayed at Hotel Real Del Rio which is less than a minute walk from the consulate. It's right behind the consulate infact. Very nice hotel; courteous staff. Recommended you do booking through expedia ($70), although expedia will not charge your credit card but you can carry the printout which will get you that rate. If you book directly with the hotel, the rate's much higher (close to $100)
3> YEs, I got the tourist visa for mexico. Although nobody checked it anywhere, but I believe entering any country without valid visa/paperwork is illegal. Getting a mexican visa was very easy. You just go to the consulate/embassy, tell them you want to go to the US consulate in Tijuana for H-1b stamping. They issue you within the hour stamped. Cost about $36. Just get your H-1b petition with you for proof, and the appointment confirmation.
4> The validity of H-1b depends on the validity of the petition I-797. Whatever period you have that for, will be stamped.
5> He just asked me for job letter, asked me if I've applied for GC (I have), asked me that don't I have to work with them for a certain time (to which I replied I did and after I was eligible I changed employers using AC-21). He just read the job duties in my H-1B petition (most likely to check for any TAL related stuff). He remarked that inspite of my experience, my close-to-six-figure salary is a bit above slavery (to which I replied that I do get other benefits such as 401k, paid time-off, health/medical insurance etc.). He just asked some other questions such as what was my major in masters, how long I've been in US, had I worked in India, if so how long. I replied all of them. It appears he put that in the comments screen on his PC. And then he said he's approving it.
It was basically a bar-like casual conversation I had with him. Within a few seconds of my start of the interview with IO, I knew he'll approve my visa. so it was pretty cool all along the way.
Can you please let me know which website to book H1B visa interview appointment in Mexico and Canada?
And please guide me on things to keep in mind while going for stamping.
Thanks.
2> I stayed at Hotel Real Del Rio which is less than a minute walk from the consulate. It's right behind the consulate infact. Very nice hotel; courteous staff. Recommended you do booking through expedia ($70), although expedia will not charge your credit card but you can carry the printout which will get you that rate. If you book directly with the hotel, the rate's much higher (close to $100)
3> YEs, I got the tourist visa for mexico. Although nobody checked it anywhere, but I believe entering any country without valid visa/paperwork is illegal. Getting a mexican visa was very easy. You just go to the consulate/embassy, tell them you want to go to the US consulate in Tijuana for H-1b stamping. They issue you within the hour stamped. Cost about $36. Just get your H-1b petition with you for proof, and the appointment confirmation.
4> The validity of H-1b depends on the validity of the petition I-797. Whatever period you have that for, will be stamped.
5> He just asked me for job letter, asked me if I've applied for GC (I have), asked me that don't I have to work with them for a certain time (to which I replied I did and after I was eligible I changed employers using AC-21). He just read the job duties in my H-1B petition (most likely to check for any TAL related stuff). He remarked that inspite of my experience, my close-to-six-figure salary is a bit above slavery (to which I replied that I do get other benefits such as 401k, paid time-off, health/medical insurance etc.). He just asked some other questions such as what was my major in masters, how long I've been in US, had I worked in India, if so how long. I replied all of them. It appears he put that in the comments screen on his PC. And then he said he's approving it.
It was basically a bar-like casual conversation I had with him. Within a few seconds of my start of the interview with IO, I knew he'll approve my visa. so it was pretty cool all along the way.
Can you please let me know which website to book H1B visa interview appointment in Mexico and Canada?
And please guide me on things to keep in mind while going for stamping.
Thanks.
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for_gc
09-26 11:00 AM
ohhhh wow !! .. Man ...It not so easy as it looks on paper ...U will find tons of ppl in the stage of limbo after doing all this ... (including me though :(
My sincere advice, DO not even think about it ..
Hi pd_recapturing,
Can you please elaborate on your experience. This is an issue very close to my heart as well and possibly benefit lots of other folks on this forum.
I personally know a fried who in fact benefited from PD porting and got his GC sometime in 2007 beginning. He had a EB3 PD of 2001 which he used for his EB2 application with another employer.
My sincere advice, DO not even think about it ..
Hi pd_recapturing,
Can you please elaborate on your experience. This is an issue very close to my heart as well and possibly benefit lots of other folks on this forum.
I personally know a fried who in fact benefited from PD porting and got his GC sometime in 2007 beginning. He had a EB3 PD of 2001 which he used for his EB2 application with another employer.
chanduv23
09-04 11:16 AM
You can work on h1b - you will get H1b based on existing approved 140 and pending 485.
If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.
Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.
If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.
Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.
mrajatish
09-17 04:19 PM
Given the current retrogression and the fact that you are from India, I would think 100 times before immigrating to US. I know this advice will be useless because you will probably think that "hey, look at this guy currently in the immigration queue and waiting for his GC, but advising my brother to do the opposite" - well, I have been in this rigmarole for too long to say that, if you have good opportunities elsewhere, think about them. If I knew about the problems of getting GC in US, I would definitely planned things a bit differently, just my 2 cents.
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