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  • ItIsNotFunny
    03-27 08:59 AM
    Hi All,

    I currently have an EB3 March 2003 priority date labor I140 approved with my company. Recently, I wanted to move to consulting, sothat I can get my GC converted to EB2 as the dates are only 2 months apart. I have asked my company if they are willing to take me as a contractor once I am out of the company and go to a consulting company. They said that it should be fine, but they said if GC is the only purpose, they can try to do something about converting my existing labor to EB2. It's a very big fortune 500 company and they do all their labors in EB3. My question is:
    1. Can I re-apply another labor in EB2 for a position that qualifies in the same company and can port the existing EB3 priority date? Has anyone done this in the past?
    2. Can I use any prior priority date approved labor in the same company, even though my EB3 I140 is approved with the same company.

    3. Can I move to consulting company and reapply in EB2 with existing priority date and work for the same company that has my current labor.

    The company legal counsel said that they would come back to me with some answers this week, but I want to get second opinion from all of you in this regard. I have my Masters in 2000 and MBA in 2004 with 8 years experience and so EB2 qualification shouldn't be a problem

    Any help will be greatly appreciated!


    Thanks,

    Yes, you can move to another company with existing priority date. You still have to get LC and I-140 approved from new company but while filing 485, you can use old 140 priority date.





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  • Osiris
    07-22 12:37 AM
    One of the main problems with Indians is that they are too nice to say "No" most of the times! Stop being nice or polite to these guys! I have been approached by these people before and the only thing that I say them is "Just leave me alone! I have a life unlike you."





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  • Openarms
    08-17 11:53 AM
    These morons never learn lessons. He is insulting him self by bitching about it....the Officers are just doing their job to verify their system... Can you imagine that a foreigner coming to India might have to go through ordeal if Indian Official suspects that he is a terrorist just because his records show....He should not forget that US has such system to verify and let him go.... where is SRK and others showing some passion when similar thing happen to President Abul Kalam? where is SRK and others showing some passion when bombings happened and innocent people get killed time and time again in India. Did he called for such system in India??? Where is SRK and others showing some passion that we need to improve Education System so that we can be proud of as Indians again? These guys thinks every thing for me nothing for others. They got all the money in the world they want.. now what?? how much is enough for these guys....People like him should learn life lessons like this and try to change Indian peoples life so that they get respect around the world. I think that is better for all of us. As Indians we should teach them or remind them when they forget those values.





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  • rahulpaper
    06-26 01:51 PM
    I sure do hope you are right.....because i am in HR boat as well...
    BTW Thanks to you and the core team on CIR front...keep up the good work.


    Once again, what is with this "Flood" and "too many". Petitions are postal packages. They are not Tsunami waves that would prompt them to shut down their doors to prevent flooding. They did get nearly 200,000 petitions in Vermont in one day. What happened ? Did the mail room clerk drown in fedex ? Were the packages overflowing in the parking lot ?

    Guys please stop thinking these logistics, and get a life. USCIS has people who are capable of predicting several hundred mail packages and handling them. They are inefficient and slow but they are not galactically stupid. And if they stop accepting petitions, it wont be because they have received "Too many" because it takes time to define "too many". So chill and try to file it before 31st July.

    These rumors are wreaking havoc on people who are not in a perfect position to control the timing of filing. Many lawyers and many employers will file between 25th and 31st July. And I can accept that. My own HR and lawfirm have made it clear that we will file before 31st July but there is no guarantee that it will be sooner than that and any sooner than that is not neccesary.

    Those who are filing on their own can file on July 1st. But those who are depending on lawyers and their own HR, please relax and stop thinking too much.



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  • mbawa2574
    09-28 10:21 AM
    As completely unrelated these two issues are (from a law maker's perspective) on a normal day, these are possibly those times when each of these issues can help the other.

    IV has been discussing about the possibility of one for two solution (partial). The idea is to request congress to exempt EB applicants & their dependents from numerical limits of the Immigrant visas, if they buy a home. It is my belief that market sentiment is the most important thing in any financial market(s) and the housing prospects look pretty bleak. There are lot of members in the EB community that have NOT bought their own home, even though they could afford one because of the uncertainty with EB GC. IV's idea is to bridge the financial committees and judiciary committees in the House/Senate and see if corresponding Chairman/Ranking members are willing to listen. Things are moving so fast with the 700bn USD bail out plan and we will NOT have time to do things the normal way, through our counsel. We have to present this idea to the corresponding staff members of key members of congress (see list below) and see if this gets traction now or going forward.

    Please do not bring EB-5 discussion/comparison here. The proposed partial solution is different from EB-5 in that EB-5 investors invest money and we are investing in our future with a genuine intention of making USA our permanent home.


    If you already have a home, thats fine. Any such legislation will reduce the wait times in EB categories and we need housing markets to rebound for a safer economy before the ripple effects are felt every where.

    Who to write to

    Staff members(Chief of Staff, Legislative LA, Financial LA, Legislative Director) of Chairman/Ranking members of House/Senate Judiciary committee & Finance/Banking committee, Staff members of your representative and your senators. Please find staff members of the committees in the spreadsheet (http://spreadsheets.google.com/pub?key=pptN-jEpAiyd3snslhPjBfw).

    You can find your representative & senator staff members on this website (http://www.outsourcecongress.org/outsource/congress/schstaffers.html).

    Please use valid email addresses and NOT fictitious/junk mail. It undermines the whole purpose and our emails will be flagged by mail scanners / spam checkers as some thing similar to famous Nigeria bank account scams.


    Email Subject: Proposal to alleviate current US Housing/economic crisis

    Content/Message

    SUMMARY

    This proposal alleviates the current US economic crisis, by motivating the US high skilled, legal immigrant workers to purchase homes. The size of this immigrant population is approximately 800,000 individuals. This effort if successful would inject up to US$ 20Billion approximately into the economy (approximately US$ 100 Billion in houses sold across the country) , while at the same time directing this money into the root cause of the economic crisis � the illiquidity of the national housing market. The above calculation is done
    assuming a median US home price of $212,400 and buyers making a down-payment of 20% of the cost of the home. Roughly estimating 400,000 buyers.

    BACKGROUND

    Undoubtedly, we are all devastated by the shake up on Wall Street in the past 15 days. Experts agree that the underpinning problem is the housing crisis caused by sub-prime mortgage loans. Many of us, who cannot afford our monthly mortgage payments are losing homes and putting them up for sale and foreclosure, which further adds to the crisis. At the same time, most of the Employment-based (EB) immigrant community would like to purchase homes and make the United States a permanent home for their families. These EB immigrants however, are living in a state of limbo, mostly in rental apartments because of the delays and uncertainties involved with the EB immigration procedure. The wait times in EB categories are exacerbated by the delays in processing by USCIS, even though eligible applicants have filed for Permanent Residency also known as Adjustment of Status. Such processing delays have resulted in the wastage of 218,000 immigrant visa numbers (Page 52 of USCIS Ombudsman Annual report 2007). The current Department of State visa bulletin shows 7+ years of wait times in certain categories. We strongly believe that legislation can be worked out in such a way that the housing markets all over the country can move towards recovery, while at the same time motivating the Green Card applicants to catalyze this recovery.

    It should be noted that this proposal by no means brings more immigrant workers into the US. The workers in the EB, skilled category are already present in the US, doing skilled jobs that no US worker is available to do. They are part of the long queue of backlogged cases that USICIS will eventually process; however, this wait can take years and in that case could not be used as a tool to minimize the course of the current economic crisis.

    SOLUTION

    Congress can pass legislation that exempts EB green card applicants and their dependents from the numerical limits of visa numbers, provided applicant(s) have bought a home making 20% down payment on the sale price of the home, for a time period deemed necessary by the congress.


    How can Employment based Immigrants help alleviate the housing problem?

    (1) Employment based immigrants are highly skilled and are employed in occupations such as Software, IT, Health care, Energy, Finance, Education and Research & Development across the United States.

    (2) Average income of these individuals/households is around 65,000/130,000 USD.

    (3) All these Employment based immigrants have gone through Department of Labor�s recruiting process, which certifies that there is no willing, able and qualified US Citizen to do the job.

    (4) Most of the Employment based immigrants have excellent credit history and good source of income to make the payments needed for their home mortgage.

    (5) By requiring a 20% down payment from this group of buyers, Congress can directly channel this money to where it is need most � at the banks.

    (6) Employment based green card applicants have been living in the United States for 6-8 years. Many of them have US graduate degrees in their fields of expertise. These applicants are well versed with the American culture and will not change the cultural landscape.

    (7) Financial burden on US government and treasury will be reduced drastically if the glut of houses in the market decreases.


    As a member of the community that wants to make the US its permanent home, I want to contribute to a solution that helps USA and US during these tough times. I sincerely believe that the 30 year commitment on mortgages by Employment based immigrants in the housing market, backed by solid, risk free mortgages can turn the down ward spiral in the housing market into a upward spiral.

    END OF CONTENT

    This would be a great idea and anywaz US will have to do something out of box to resolve this crisis. They have already lost the status of economic superpower and this country is going towards breakdown in case they don't welcome immigrants who bring in/generate capital for this country. Protectionists really need to be shut off at this point of time.
    Now Questions is the best way to accomplish this ? In 2007, I wrote multiple emails to vicepresident@whitehouse.gov regarding this but never got a response. So if we can get this thought into their minds, this can resolve our issue and can give a good amount if relief to housing industry.





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  • gc_check
    07-04 12:38 PM
    Which of the above are not needed for dependents?

    For my spouse, I've to take care of all the fees for I-485 / I-765 / I-131 / Biometric ( $325 + $180 + $170 + $ 70). For me, I've to take care only I-131 Fees ( $170). The Company Pays the fees only for my I-485 and I-765 and also take care of the Attorney Fees for both of us. They also reimburse the Medical Expenses, if the insurance does not cover the charges, only for Employee/ Primary applicant. For all dependents it is my responsibility. This is not the same will all the employers. I've friends, where all the fees are covered by the company.



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  • hpandey
    07-21 11:42 AM
    My desi neighbor told me about it recently. What are your experience with Amway Quickstar. Have you guys made money from it?

    Looks like you are too new to the US not to know about the Amway scam artists ..

    Remember if you join even your friends will become your enemies :D

    They are like leeaches .. very hard to get rid off.





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  • sk2006
    08-15 07:14 PM
    I completely agree with you that we should never forget our roots or our motherland. India is far better than US when it comes to family values and many other things. However, this story has nothing to do about standing up for our own country/motherland. Every person who has a common name with terrorist names has had troubles at POE since 9/11. So who cares if he is SRK or anyone for that matter. When Colin Powell was the chief of security under Bush administration he had to go through airport security just like any other common person. The TSA here in US treats everyone the same. Do you think ministers or celebrities in India follow any security procedures ? Every now and then you hear of ministers and celebrities involved in smuggling scandals.
    There are good and bad things about every nation. IMHO, security procedures in US are the far better than India and apply the same way to everyone unlike in India. If you are so concerned about standing up for your motherland, what are you doing in the US ? Should I be calling you a traitor ? My point is, this case of SRK has nothing to do with loyality to motherland or racism. It is an unfortunate aftermath of 9/11 and we all know its been happening at POE.

    I think this is a very good post.
    To add to this:
    This incident has nothing to do with India. It just happened that SRK was from India.
    After 9/11 we all know security measures are tight and rightly so.

    For them it does not matter if it is
    1. SR Khan who works in movies or
    2. XYZ Khan who is a computer programmer or a cab driver.

    If the name flashes in the computers they do the required checks.

    Do you feel people with Muslim sounding names are targeted more?
    No wonder, it is likely. DO NOT Blame USA TSA for that. Blame Osama Bin Laden for putting innocent Muslims through this.



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  • MunnaBhai
    06-27 05:55 PM
    According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.

    http://www.immigration-law.com/





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  • saimrathi
    07-11 11:33 AM
    Very well written...

    The criticisms of this website are LAUGHABLE. The Economist's quality of life index has rated Canada and Australia the top countries on earth to live in, overwhelming, year after year after year after year!

    Vancouver, Calgary, Toronto, Melbourne, Sydney and Perth consistently dominate the top 10 cities in the world to live. 6 of th top 10?

    The index takes into account, cost of living, earnings capacity, safety, etc.

    Canada probably has one of the most rosey futures on earth. It has an abundance of resources, a tiny population and ironically, global warming is adding to its opportunities.

    Cost of living is actually far below that in places like NY and California.

    Health care, while not top notch, provides better care to more people than is likely to be found in places like the US. PARTICULARLY for people that are older and more likely to need it.

    Education is infinitely better. US Public schools are atrocious.

    Yes, taxes are higher. How do you think these things are paid for?

    As for the weather, well duh! :)

    Anyway, both countries have advantages. I love the U.S. and that's why I'm here. But don't let an inarticulate and unfounded set of ridiculous statements turn you off. do you own research!



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  • alisa
    06-27 09:58 PM
    Ever since the dates got current, it has been more stressful than the time when dates were retrogressed and almost makes me miss the retrogression days when I didnt have to depend on the lawyers for my career.

    I agree. Its just one headache after another.

    But why July 2nd?
    If they really want to, they can 'U' the entire July.

    There is a saying in Urdu. Translated it says that its the prerogative of the lion to lay eggs, or bear cubs, since he is the King of the Jungle.

    USCIS is the king of the jungle here.

    But if they do this, this will be cruelest joke on thousands of people.





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  • srkamath
    07-26 11:24 AM
    It appears FB spillover is factored into EB quota in Sep bulletin every year.

    The FB spillovers are distributed @ 28.6% to EB1,2,3, just like the 140k base.
    Therefore if there are any FB spillovers left EB3 must not be "U".

    However, EB3 is completely "U"
    Therefore FB numbers have already been factored in the DOS calculations. How exactly? I don't know.

    Unused 28.6% FB spill from EB1 will of course spill over into EB2 IN/CH.

    vdlrao's estimates of ~30k FB numbers spilling over are for all EBs, there will be at most only ~ 20k FB spillovers into EB2, as EB3 has already consumed its portion.



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  • kondur_007
    01-13 08:45 PM
    This indeed is a very bad news. It looks to me that someone is frying a bigger fish here...

    If antis target the areas of immigration that are no "well defined" so far (H1b rules is one example, another could be AC21 same or similar job and yet another could be "permanent job" after greencard), it could create a lot of problems and may even practically shut down all legal immigration.

    This will only increat outsourcing and actually hurt US economy and jobs...too bad that "blinded" politicians do not recognize this.





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  • snram4
    01-16 01:31 PM
    Accepting regulations does not mean to prevent Indians to come here. I can tell many examples. There are many bodyshoppers get h1B and make the persons to sit on bench in India or USA. I know some persons come here 1 year after getting h1b. But many reputed companies those who are real need of people could not get H1b as Cap was reduced. Putting restrictions on on bodyshoppers will improve H1b usage and wastage can be eliminated. And will make h1b program legitimate.

    Wow so ungrateful.
    You make hole in the same vessel you eat.
    You came to this country only because of a desi bodyshopper. Otherwise with your qualifications you cannot even dream of coming to USA on your own.
    Unless you are IIT or IIM.. or some top engineering college, it is highly difficult for someone to come to USA on H1B and take a permanent job. The other route is to come for studies.
    So after coming here by showing your desperation to earn dollars with an NIIT diploma or some shady donation college degree you came via a body shopper. You made a choice in life fully knowing what you are doing. Now you left your bodyshopper and want to hurt him and feel happy for the rule because you do not want others like you to come to US of A via bodyshoppers.

    You know why? Because you do not want other Indians to come behind you and compete with you for jobs.

    Learn to live and let live. Din't they teach you in India as an Indian value. Good luck with your greencard.



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  • mallu
    02-16 12:14 PM
    .......Even if I had said that there is fraud and corruption in India, it would not be considered as a racist comment. Every year Transparency International generates a list of most corrupt nations. Ever wonder why India is on that list. Ever wonder why out of all places only in India US visa officers are instructed to do technical interview for IT visa applicants? You are living in complete denial and trying to play the race card whenever you get an opportunity.

    There may be truth in it. But not completely so. There are are lot of well qualified and experienced people. But there may be frauds too.


    Fraud and corruption is prevalent everywhere incuding India and a prepondernece of the bodyshops are nothing but a factory of producing overnight "IT Talents". Accept this is as one of the problem of this retrogression.

    Again it is a mixture of all kind of types coming through the consultants.
    So, the issue is that there are lot of qualified and experienced people in India that are willing to come to USA to seek better opportunities ( although these says , the students from top universities of India may not want to come here ) and i believe it is not that the consultant companies dump 'all who can walk' into USA. There may be a certain percentage that are 'deficient'.
    So, my main point is that , by virtue of larger population, India has larger number of graduates/employable folks. Plus many of them learn English ( if i need to communicate with people in other parts of India, i use English ) , may be with thick accent.





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  • sivasiva
    03-26 10:06 AM
    gururs,

    Is it possible to substitute labor as future employee?

    Thanks



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  • chantu
    03-30 02:06 PM
    The most of the guys posting in this thread is not going to vote. Even I think, we all do not have our names in electoral list. There is no sense in arguing who is best or who should be next PM, sitting in US. Furthermore, most of the educated, urban voters will never go to polling booth in hot summer to stand in line to do their duty as a citizen.. Indian�s election of their representatives is fundamentally a show of money and muscle power. Election in India is just a business. It is just investment of money by political parties with the help of capitalists and their lobbyist to get the vote from rural, uneducated, divided voters across the nation. All parties are corruptive, communal, divisive, plays vote bank politics. No exceptions! (whether it is Congress, BJP, communists, BSP, SP, and countless regional parties). One thing I can say or compare about Congress and BJP. Congress is the only party has responsible for bringing both good (economy, growth, education,) and bad (corruption and countless other) thing to India. BJP has not done any good thing to India sofar, only it brought bad things to India (divisive, corruption).

    My input regarding comparison of Manmohan and Advani.

    Manmohan.

    Though, he is not a full time politician, and not a good crowd pulling speaker, he has strong record. He has quietly achieved lot as a RBI governor; FM and PM. US nuclear agreement is a big achievement in his career, despite he had a minority government with the strong left opposition. He does not have long term independent vision, and strong leadership skills. He was widely accepted by all part of the country, as he has no controversial issues.

    Advani,

    He is a good speaker, crowd puller. He is a typical Indian politician. He has leadership skills. He does not have any significant record/achievement to back his claim for PM (either as a ex-minister or politician). For example, he has not done anything to improve the national security when he was a union home minister. He has involved in controversial issue like Babri Majit, and Ram temple issue. He also does not have long term vision, ideas on economy, poverty elimination etc..

    Ramba, can you please update your profile? I am surprised a Brazilian knows much about Indian politics.





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  • ramus
    06-27 09:37 PM
    "However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007".

    Does anybody know if they rejected all other worker's applocation who filed in June or rejected only who filed on or after June 5, 2007...





    According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.

    http://www.immigration-law.com/





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  • krishmunn
    06-12 04:40 PM
    Dilip,
    First, the rant on low wages does not hold water. The employer need to pay prevailing wage which is mandated in the LCA. If some employer does not pay that, employee can (and should) complain to DOL

    Second, you mentioned that you were employed for 2 days enabling you to file 485/EAD and thus you should not be termed out of status/illegal. If a company hired you for 2 days just to allow you to file 485 with no intent to have a job ready for you in future, the company and you commited immigration fraud --- a bigger problem. Also, you cannot invoke AC21 to switch employer before 180 days after you file 485. So, it still remains a mystery how you moved out just after filing 485.

    Your favor towards Grassleys bill shows you just want to close the door. Grassleys bill, if implemented will make it very difficult for even legit employers to get H1 employee. It is a kin to almost closing H1 program out of which you benefitted.

    Also, did you ever floated such ideas when you were on H1 ?





    bajrangbali
    05-29 12:10 AM
    Thank you for all your contributions all these years on H1B and all the social security and medicare taxes you have paid. Now please move on and let the natives take ur place or let the newbies take ur place before you complete your 10yrs and get a GC and stand in line for retirement benefits in future.

    So many divisions in EB caterogy, EB 1/2/3, china/india/phil/row... they are using these categories like a caste system to turn EB immigrants against each other. As they say..it is never a problem until it happens to you... atleast now ALL categories people should come out with one voice against the EB system..

    20 million illegals have a shot at legal residency and work-permit...HALF-million so called highly skilled immigrants cant make the pick?? Maybe we need to be pushed down even more before we stand up...

    I would suggest everyone all half-million apply for canadian PR..even though their system gets flooded..this would send a message..
    Even if Canadian PR takes 3yrs (currently 6-18mos)...much better than waiting 10 or more years constantly being abused by RFEs, biometrics, immunizations like animals..

    Those of us who are entrepreneurs think seriously about taking the business offshore...

    leverage people...gotta have some leverage...





    breddy2000
    07-26 04:41 PM
    right point to note.

    Also out of the 65K H1 visas that were available since 2003, most of the Visas were consumed by the Big Indian companies.
    Remember when Congress sent letters to the Big Indian companies, there was data related to how many companies applied for how many Visas.

    AFAIK it was in the range of 25k-35k per year combined by all these companies that filed H1s .

    One thing to note is, they do not sponsor GCs for all the applicants.They do them very rarely for the people who are in their 5th to 6th year of H1.Could be in the range of Hundereds and not thousands comapred to the people count they have in US.



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