billu
08-05 07:20 PM
Hi!
I'm RN outside the US:cool:
I will try to answer on your second question first. Shumer/Hutchinson amendment is the only our chanse for now. Try hammond law group, or shusterman, you will find info about it there. Shortly, it is the second try of Mr.Shumer and Ms. Hutchinson to amend an "Omnibous Bill" with a favorable for nurses and PT amendment. It would provide all schedule "A" with 61000 visas! If it is passed, we will be in chocolate:D , I mean you will get your GC in approximately 6-8 months (or a year). Nobody knows what are the chanses! My opinion that we have 50% that such a bill will be attached, and than we again have 50% that it will be passed and signed by Bush, before the end of the year.:rolleyes: If we are not lucky we would not see any favorable bills till after the elections of president and senate, late 2009(!).:mad:
Under EB3(if no schedule "A", and there is no other favorable changes in immigration law),and you are from India, you will have to wait forewer (10 years or so)! But if you are in the US, and you will be able to file I485, DO IT!
My advise is: file I140 as soon as possible, not sure about the avilability of premium processing, if you can, then use it also, if you can file I140 and I485 concurently - DO IT! I'm not familiar with procedures for PT, maybe you will find information here:
http://hammondlawgroup.blogspot.com/
http://shusterman.com/toc-ahp.html
http://shusterman.com/toc-rn.html
http://immigrationvoice.org/forum/showthread.php?t=4817
hi chisinau,
thanks for all the info...i missed the july opportunity as my employer told me that filing I-140 would take atleast a month....including applying for labor ETA 9089 form,job posting etc....so i could not file I-140 before july 31st....and the august 17 deadline is not valid for me anymore...
it seems difficult to comprehend that all PTsts and nurses coming to US from india wud now have to face 10 yrs of wait for GC especially with acute shortage of these professions here....i am sure some kind of bill or extra numbers would be given for these professions to speed up the process......in some states there is such an acute shortage for PTs that they are paying huge sign on bonus and pay package and the future demand is going to increase due to baby boomer generation retirement.....with h1 numbers going down to 65k for ordinary and only 20k for masters,i am sure there would be some steps taken to ensure getting more PTs and nurses from outside US in the future(2-3 years)......lets hope for the best n keep our fingers crossed.......
thanks for all the info again n all the best for ur process
I'm RN outside the US:cool:
I will try to answer on your second question first. Shumer/Hutchinson amendment is the only our chanse for now. Try hammond law group, or shusterman, you will find info about it there. Shortly, it is the second try of Mr.Shumer and Ms. Hutchinson to amend an "Omnibous Bill" with a favorable for nurses and PT amendment. It would provide all schedule "A" with 61000 visas! If it is passed, we will be in chocolate:D , I mean you will get your GC in approximately 6-8 months (or a year). Nobody knows what are the chanses! My opinion that we have 50% that such a bill will be attached, and than we again have 50% that it will be passed and signed by Bush, before the end of the year.:rolleyes: If we are not lucky we would not see any favorable bills till after the elections of president and senate, late 2009(!).:mad:
Under EB3(if no schedule "A", and there is no other favorable changes in immigration law),and you are from India, you will have to wait forewer (10 years or so)! But if you are in the US, and you will be able to file I485, DO IT!
My advise is: file I140 as soon as possible, not sure about the avilability of premium processing, if you can, then use it also, if you can file I140 and I485 concurently - DO IT! I'm not familiar with procedures for PT, maybe you will find information here:
http://hammondlawgroup.blogspot.com/
http://shusterman.com/toc-ahp.html
http://shusterman.com/toc-rn.html
http://immigrationvoice.org/forum/showthread.php?t=4817
hi chisinau,
thanks for all the info...i missed the july opportunity as my employer told me that filing I-140 would take atleast a month....including applying for labor ETA 9089 form,job posting etc....so i could not file I-140 before july 31st....and the august 17 deadline is not valid for me anymore...
it seems difficult to comprehend that all PTsts and nurses coming to US from india wud now have to face 10 yrs of wait for GC especially with acute shortage of these professions here....i am sure some kind of bill or extra numbers would be given for these professions to speed up the process......in some states there is such an acute shortage for PTs that they are paying huge sign on bonus and pay package and the future demand is going to increase due to baby boomer generation retirement.....with h1 numbers going down to 65k for ordinary and only 20k for masters,i am sure there would be some steps taken to ensure getting more PTs and nurses from outside US in the future(2-3 years)......lets hope for the best n keep our fingers crossed.......
thanks for all the info again n all the best for ur process
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spicy_guy
10-22 10:03 AM
You are correct, it took around 10 months. From prevailing wage to labor approval. 2 months I mean filing actual labor application to approval.
Thanks for the clarification
Thanks for the clarification
priti8888
07-23 06:30 PM
This is aboslutly not possible; he/she is trying to fool every one. Before retrogression, the last date to file a 485 for a EB3-Indian with PD 08/2004 was 12/31/2004. From Jan 2005 till July 2007 EB3 Inida was retrogressed for his PD. So he/she could not apply 485 in Feb 2005. The other optins could be he/she may be in EB2 catagory or a Schulde A nurse.
I was in similar time frame; So I know the date well....
correction..I got the EAD in Feb 05, My RD is Dec 04.
I was in similar time frame; So I know the date well....
correction..I got the EAD in Feb 05, My RD is Dec 04.
2011 own text or company name
black_logs
01-05 08:44 AM
Looks like PBEC is sending approvals for labors with PD in Jun'02. Comments!!
more...
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nk2006
10-16 04:29 PM
Issue/Background:
It seems USCIS is not following AC21 regulations in some cases – especially when underlying I140 is revoked by previous employer – and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications – ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD’s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to: Ombudsman
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant’s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant’s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
It seems USCIS is not following AC21 regulations in some cases – especially when underlying I140 is revoked by previous employer – and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications – ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD’s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to: Ombudsman
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant’s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant’s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
rsdang
04-30 10:41 AM
TOP USCIS AND DOS OFFICIALS TO TESTIFY IN HOUSE HEARING ON WASTED VISA NUMBERS AND BACKLOGS
http://blogs.ilw.com/gregsiskind/2008/04/top-uscis-and-d.html
http://judiciary.house.gov/oversight.aspx?ID=435
some movement - hope it results in progress... Keeping the fingers crossed...
http://blogs.ilw.com/gregsiskind/2008/04/top-uscis-and-d.html
http://judiciary.house.gov/oversight.aspx?ID=435
some movement - hope it results in progress... Keeping the fingers crossed...
more...
priti8888
07-23 03:32 PM
Wow! Good for you! So when did you apply for your I-485? Please let us know the details so we can compare it with our situation. My husband is EB3 as well with PD Feb 2005 (Philippines). Thanks!
my PD Aug 2004
RD Feb 2005
eb3 india
Last fingerprint in March 2007
my PD Aug 2004
RD Feb 2005
eb3 india
Last fingerprint in March 2007
2010 Nice for design company name
desidude
07-15 10:56 AM
Sent $10....
Thanks!
Thanks!
more...
abhaykul
04-25 08:57 AM
We should take up this point when we talk/write to lawmakers and media. What does the core team think ?
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swede
04-07 09:30 AM
Wow. That must be a record...:eek: Maybe you should call Guiness World records, and claim the title "slowest Green Card process in history". ;)
My PD Oct 2001. 45 letter received October 2005. No news at Apr.5 2006:o
My PD Oct 2001. 45 letter received October 2005. No news at Apr.5 2006:o
more...
bfadlia
06-23 05:39 PM
USA is made by illegal immigrants (over 13 millions) and bonded labors (H1B - GC).
Losses suffered by illegal immigrants and H1B-GC people fuels US economy (or at least contributes to that). My contributions so far might have been above half a millions. Indirect beneficiaris are top most companies.
You may get some valuable inputs from http://immigrationvoice.org/forum/showthread.php?t=19766 although I did not fully endorse the thread:
America is not loosing by delaying any process of streamlining any illegal immigrants or H1B-GC process.
sorry for going off topic.. but your title about the pyramids has been proven to be a myth.
New discoveries has shown that the workers building the pyramids were fed and cared for the way we care for olympic athletes these days.. Villages and cities were competing and bragging about how much they contribute in these national projects..
don't believe everything u c on hollywood screens..
Losses suffered by illegal immigrants and H1B-GC people fuels US economy (or at least contributes to that). My contributions so far might have been above half a millions. Indirect beneficiaris are top most companies.
You may get some valuable inputs from http://immigrationvoice.org/forum/showthread.php?t=19766 although I did not fully endorse the thread:
America is not loosing by delaying any process of streamlining any illegal immigrants or H1B-GC process.
sorry for going off topic.. but your title about the pyramids has been proven to be a myth.
New discoveries has shown that the workers building the pyramids were fed and cared for the way we care for olympic athletes these days.. Villages and cities were competing and bragging about how much they contribute in these national projects..
don't believe everything u c on hollywood screens..
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somegchuh
01-03 04:11 PM
I think you bring up very valid points. For a lot of ppl who have stayed away from family/extended family for so long, they may not like the constant interference.
"I miss my parents" is not quantifiable but what about the paying back the debt by supporting your aging parents? Let me make the question a little broader, isn't every immigrant divided between doing what's best for the children and supporting the parents?
for some it is money, for others it is about taking care of parents etc.
for me it is all about where I would like to live, grow and bring up my child. to me the answer is very clear. while this country is not perfect, no country on this planet is. if a human makes an objective list based on quantifiable pros and cons, the decision is very easy to make.
as for stuff like "I miss my parents" that is not quantifiable and should never figure in the discussion. what is the guarantee that you can return to your home country and live in the same city as you parents do? what happens if your kids don't want the grandparents to interfere in their lives? what happens if you cannot take constant interference from friends and extended family?
my reasons may come across as cold and calculating. however, it is an inhospitable world we live in and it is up to us to provide the best possible cocoon for our immediate family and that is exactly what I intend to do.
"I miss my parents" is not quantifiable but what about the paying back the debt by supporting your aging parents? Let me make the question a little broader, isn't every immigrant divided between doing what's best for the children and supporting the parents?
for some it is money, for others it is about taking care of parents etc.
for me it is all about where I would like to live, grow and bring up my child. to me the answer is very clear. while this country is not perfect, no country on this planet is. if a human makes an objective list based on quantifiable pros and cons, the decision is very easy to make.
as for stuff like "I miss my parents" that is not quantifiable and should never figure in the discussion. what is the guarantee that you can return to your home country and live in the same city as you parents do? what happens if your kids don't want the grandparents to interfere in their lives? what happens if you cannot take constant interference from friends and extended family?
my reasons may come across as cold and calculating. however, it is an inhospitable world we live in and it is up to us to provide the best possible cocoon for our immediate family and that is exactly what I intend to do.
more...
house to the company name has a
jungalee43
04-30 09:53 AM
I am sad to see people posting messages on �inevitable future of CIR�, �US political system is broken�. But they don�t consider it important to contact their senators and follow IV�s instructions on making phone calls. Please understand the need of the hour and don�t waste time in making judgments or making predictions. Just follow what IV core is asking you to do.
Just call, call and call. I am starting my second round of calls.
Just call, call and call. I am starting my second round of calls.
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ronhira
07-06 02:27 AM
lahiribaba - you are my hero. this is the best idea yaar :D
good thought
but that's what i just said, you just repeated whatever i said. is that how you define change? my question to you - bawa is - WWBD - what would bawa do?
good thought
but that's what i just said, you just repeated whatever i said. is that how you define change? my question to you - bawa is - WWBD - what would bawa do?
more...
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himu73
06-08 01:32 PM
Hi All,
I'm new to immigration Voice. I've read abt this in immigration portal and understand that a group of people are leading this. I wish them all the best and i extend my full support. Also i heard that this group is collecting funds. Can someone please point me where would i contribute.
Thanks
RAJ
SWA: Virginia
SWA Receipt Date (Priority Date): October 31,2002
EB2 - RIR
Forwarded to Philadelphia Regional DOL on June 22, 2004
BEC Case Number: P-04282-*****
45 Day Letter Received and Replied : Feb 2005
Use link on the home page at the right side
I'm new to immigration Voice. I've read abt this in immigration portal and understand that a group of people are leading this. I wish them all the best and i extend my full support. Also i heard that this group is collecting funds. Can someone please point me where would i contribute.
Thanks
RAJ
SWA: Virginia
SWA Receipt Date (Priority Date): October 31,2002
EB2 - RIR
Forwarded to Philadelphia Regional DOL on June 22, 2004
BEC Case Number: P-04282-*****
45 Day Letter Received and Replied : Feb 2005
Use link on the home page at the right side
dresses The company name Supercapacity
needhelp!
05-28 05:44 PM
Thanks for your contribution. Please join us also in calling the important list of representatives: http://immigrationvoice.org/forum/showthread.php?t=19339
Contributed $100 and ready to volunteer...
Receipt ID: 1265-7063-2043-8518
Contributed $100 and ready to volunteer...
Receipt ID: 1265-7063-2043-8518
more...
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BPforGC
03-18 10:13 AM
If you pass substantial presence test and treated as resident for tax purposes, you get the check from IRS. Mots of us file 1040A for taxes. Only few of us do not qualify as residents for tax purposes file 1040NR, those don't get.
If your spouse doesn't work and have a child, then you may qualify as head of household and sometimes get bigger check.
Only few desi's will not qualify for this check but whoever stays here for more than couple of years and filed taxes in 2006, don't worry.
If your spouse doesn't work and have a child, then you may qualify as head of household and sometimes get bigger check.
Only few desi's will not qualify for this check but whoever stays here for more than couple of years and filed taxes in 2006, don't worry.
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pcs
07-05 03:13 PM
Keep it up !!!!!!!!
hairstyles overpriced design firm.
javadeveloper
07-18 04:35 PM
This has been discussed before, People can send in checks of whatever denomination or pay it thru their banks - Set it up as automatic payment every month if they like. (for smaller denominations).
$50 monthly is minimum. In any case, is $50 a big amount? for such a cause?
Is this discussed already , I am not aware , because I am just following this site since a week.
$50 monthly is minimum. In any case, is $50 a big amount? for such a cause?
Is this discussed already , I am not aware , because I am just following this site since a week.
desi485
11-20 09:20 PM
Typically, if someone is doing a AC21 jump + H1b transfer, it means that the h1b gets transferred to the new employer and the new employer is the h1b petitioner. If the h1b is based on an approved 140 - the beneficiary gets it for 3 years and unless the person is completing his 3 years with the new employer when the 140 revoke happens, the h1b is still valid unless the new employer decides he will cancel it or the person is layed off and thats when the person is in deep trouble because he/she does not have EAD. Correct me if I am wrong. H1b revocation by ex employer may not affect the candidate because candidate already did a transfer
I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!
I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!
NKR
01-06 07:38 PM
By the way, since when 100's of students mean a couple of folks? So far I have taught about 100 such students. And I and my colleagues have been observing problems with such students for over last 5 years or more (about 1000 students). These are not anomalies, rather statistically significant observations.
And, by the way, (almost) all these students join Indian consulting companies after graduation, which means (at least those) consulting companies care nothing about the quality of the employees. Banning H1-B access to such consulting companies will be of desirable, indeed.
You seem to be a guy from north India who dislikes anything remotely connected to south, or probably you are envious of the strides that south India has taken, anyways I do not care what YOU or Wadhwa says about the quality of education in some parts of the world.
I do not know how this discussion is going to help our cause.
Moderators, please close this thread. This thread has potrayed India in bad light to the rest of the world and has given enough ammunition to anti immigrants.
And, by the way, (almost) all these students join Indian consulting companies after graduation, which means (at least those) consulting companies care nothing about the quality of the employees. Banning H1-B access to such consulting companies will be of desirable, indeed.
You seem to be a guy from north India who dislikes anything remotely connected to south, or probably you are envious of the strides that south India has taken, anyways I do not care what YOU or Wadhwa says about the quality of education in some parts of the world.
I do not know how this discussion is going to help our cause.
Moderators, please close this thread. This thread has potrayed India in bad light to the rest of the world and has given enough ammunition to anti immigrants.
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