qplearn
10-27 12:47 PM
ok. Assuming BILL pass during the lame-duck session... what is timeline for it take effect? I believe the president has to signed it and it take 90 days from that date to be effective? Experts?
Any stratergic ideas, if positive news does not come out during the lame duck session?
I did not know it takes 90 days; that is too long a period of time. But nobody is hopeful of the bill getting passed during the lame-duck session.
Any stratergic ideas, if positive news does not come out during the lame duck session?
I did not know it takes 90 days; that is too long a period of time. But nobody is hopeful of the bill getting passed during the lame-duck session.
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my2cents
04-30 05:08 PM
Look Here
--------------------------------------------------------------------------------
look here at
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
"Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "
It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.
--------------------------------------------------------------------------------
look here at
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
"Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "
It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.
surabhi
04-23 05:18 PM
There is moral obligation too. Whenever you hire H-1s make sure most of them have dreams to get GC and settle down. Dont take risks in such a ways their dreams get shattered because of poor business practices. just to hire people dont run in your businesses on losses and in turn force yourself to shut down the business.
I think there is difference of opinion here. Since there is chance here that the thread is frequented by current and would-be employers I will try to articulate once again.
1. H1B is a legitimate business expense. It should be factored in as such by the employers.
2. Same is case with GC. But given the fact tht after I-140 it becomes portable, it is perfectly ethical in my opinon to ask employee to put up the expense.
3. H1B or not, employment is at will in US. USICS granting 3 year H1B does not imply employee is bound for 3 years either in letter or spirit of law.
4. Unless the business produces IPR or the employee is in position to lure away exisitng clientele, non-compete doesnt hold water. Employers should refrain from using non-compete as scare tactic.
5. As a corollary to point #3, having term around employment in lieu of h1b processing is illegal. The point of lost business because of employee left doesnt hold good. Employers can only claim non-compete or non-solicitation if the case is geniune. Lost business because employee left will never be upheld.
6. Unless doing revenue sharing (80-20 etc), it is illegal to withold , not pay wages.
7. If employee requests running payroll while not on project in revenue sharing mode ( see #6 above) it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
8. If business needs to let go an employee and employee wants to continue for immigration reasons, it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
I think there is difference of opinion here. Since there is chance here that the thread is frequented by current and would-be employers I will try to articulate once again.
1. H1B is a legitimate business expense. It should be factored in as such by the employers.
2. Same is case with GC. But given the fact tht after I-140 it becomes portable, it is perfectly ethical in my opinon to ask employee to put up the expense.
3. H1B or not, employment is at will in US. USICS granting 3 year H1B does not imply employee is bound for 3 years either in letter or spirit of law.
4. Unless the business produces IPR or the employee is in position to lure away exisitng clientele, non-compete doesnt hold water. Employers should refrain from using non-compete as scare tactic.
5. As a corollary to point #3, having term around employment in lieu of h1b processing is illegal. The point of lost business because of employee left doesnt hold good. Employers can only claim non-compete or non-solicitation if the case is geniune. Lost business because employee left will never be upheld.
6. Unless doing revenue sharing (80-20 etc), it is illegal to withold , not pay wages.
7. If employee requests running payroll while not on project in revenue sharing mode ( see #6 above) it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
8. If business needs to let go an employee and employee wants to continue for immigration reasons, it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
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gclongwaytogo
10-11 02:39 PM
July VB Fiasco I-485 Receipting Delays
The USCIS has yet to release the detailed progress report on the receipting delays in terms of the numbers that have yet to be processed for receipting. The only thing people know through various private websites just indicates that there are a plenty of people who are still waiting for filing fee checks cashed or receipt notices received for the cases which were filed as early as July 2, 2007, not to mention any later cases.
We reported earlier that the USCIS had allegedly received total of 800,000 cases for the July VB fiasco cases. There is an unconfirmed report that they have completed the receipting only half way through of the total, meaning approximately 400,000. There are no sources of information to verify or confirm the figures. However, if it is correct, the USCIS has yet to process mountains of receipting workloads ahead and the filers have some additional sleepless nights which they will have to endure for a while. AMEN!
The USCIS has yet to release the detailed progress report on the receipting delays in terms of the numbers that have yet to be processed for receipting. The only thing people know through various private websites just indicates that there are a plenty of people who are still waiting for filing fee checks cashed or receipt notices received for the cases which were filed as early as July 2, 2007, not to mention any later cases.
We reported earlier that the USCIS had allegedly received total of 800,000 cases for the July VB fiasco cases. There is an unconfirmed report that they have completed the receipting only half way through of the total, meaning approximately 400,000. There are no sources of information to verify or confirm the figures. However, if it is correct, the USCIS has yet to process mountains of receipting workloads ahead and the filers have some additional sleepless nights which they will have to endure for a while. AMEN!
more...
november
07-02 11:26 PM
I was plannig to go to Canada to take care of the landing formalities, but happened to visit this website, http://www.notcanada.com.
The details provided in the site is really scary. Though we keep Canadian PR as back up, after seeing this, I am wondering do I really need to go for landing.
Can someone validate the details provided in notcanada.com
The details provided in the site is really scary. Though we keep Canadian PR as back up, after seeing this, I am wondering do I really need to go for landing.
Can someone validate the details provided in notcanada.com
gjoe
10-08 04:01 PM
Your post is a classic example to show how everybody will not understand the other person the same way.
If a person isn't contributing money, isn't participating in state chapters, isn't going to any rally and his/her sole contribution is 'brilliant ideas' that get posted on the forums... only use he/she can be put to is inter-breeding donkeys and horses, like you said!
However, unfortunately, IV is not a farm.
If a person isn't contributing money, isn't participating in state chapters, isn't going to any rally and his/her sole contribution is 'brilliant ideas' that get posted on the forums... only use he/she can be put to is inter-breeding donkeys and horses, like you said!
However, unfortunately, IV is not a farm.
more...
diptam
06-22 12:16 PM
My employer is also behaving exactly similar way... Spend the money from your own Pocket ( 350 med + 385 ) around $750 and ask them to just
give the Future Employment Verification Letter for 485.
I'm finishing up all forms and other activities Like Medical , Birth Certificate etc..
After that pounce on your employer for Letter + the fees for 485 + fees for your own attorney fees ... If they disagrees come to a deal with just for the Letter... You are all set then !!
If they still dont agree i'll tell them that you are resigning and immigrating to Canada (Tell them that your Canadian PR is almost approved and you have a distant relative there)
Sounds like a Plan ? - Let me know !
My labour and I-140 is approved last year and I am working with current employer from last 1 and half years. Employer is making good money trough me.
As now the dates are current, my employer is trying to exploit me.
He is not responding to my mails, and not picking my phone.
Last modified message which I got from him is that:
The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.
you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."
I am very much in tension and he is talking to me.
Can someone suggest what may be the option for me?
give the Future Employment Verification Letter for 485.
I'm finishing up all forms and other activities Like Medical , Birth Certificate etc..
After that pounce on your employer for Letter + the fees for 485 + fees for your own attorney fees ... If they disagrees come to a deal with just for the Letter... You are all set then !!
If they still dont agree i'll tell them that you are resigning and immigrating to Canada (Tell them that your Canadian PR is almost approved and you have a distant relative there)
Sounds like a Plan ? - Let me know !
My labour and I-140 is approved last year and I am working with current employer from last 1 and half years. Employer is making good money trough me.
As now the dates are current, my employer is trying to exploit me.
He is not responding to my mails, and not picking my phone.
Last modified message which I got from him is that:
The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.
you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."
I am very much in tension and he is talking to me.
Can someone suggest what may be the option for me?
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desi3933
06-28 09:59 AM
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
Read I-9 form. Employee must have work authorization before he/she can start work.
Read more here
Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.
Regarding the hiring part,
first read here about H-1 visa
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
Now, read more about H-1B LCA here
http://www.lca.doleta.gov/h1bcl_nw.pdf
Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.
On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.
More about LCA here
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
Hopefully, you will trust lawyer more than me.
Have a good day!
What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
Read I-9 form. Employee must have work authorization before he/she can start work.
Read more here
Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.
Regarding the hiring part,
first read here about H-1 visa
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
Now, read more about H-1B LCA here
http://www.lca.doleta.gov/h1bcl_nw.pdf
Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.
On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.
More about LCA here
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
Hopefully, you will trust lawyer more than me.
Have a good day!
more...
viper1400
02-11 06:54 PM
IV,
I know you don't want us to use paypal - but I think that might be delaying lot of contributions.
Here is my case - I have a very hectic work schedule -so by the time I go home I forget to write and send a check. If I could do paypal then would be no problem as I can do from any where - work - from phone - anywhere.
Just a thought.. I have been planning to send $50 or so but kept on forgetting. Don't get me wrong but telling the truth here.
I know you don't want us to use paypal - but I think that might be delaying lot of contributions.
Here is my case - I have a very hectic work schedule -so by the time I go home I forget to write and send a check. If I could do paypal then would be no problem as I can do from any where - work - from phone - anywhere.
Just a thought.. I have been planning to send $50 or so but kept on forgetting. Don't get me wrong but telling the truth here.
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rajuseattle
08-15 03:52 PM
It could be the mass system update at TSC as indicated in other forums.
Lot of folks at TSC are experiencing this LUD on 08/12
Lot of folks at TSC are experiencing this LUD on 08/12
more...
GC08
05-04 09:08 PM
I have to say, no matter how reluctant I am, that I am pretty depressed about the whole green card thing. I have always tried to have a positive attitude and I definitely know that there are a lot of things much more important than green cards. However, I do feel the emotional toll of green card retrogression. Maybe admitting, instead of denying, of the frustration, depression, and even anger is better and may help face it up.
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ddanait
02-17 01:06 AM
Hi
When I click on donate, its shows me only paypal option and when I select $50 option it takes me to paypal website with the following message
If you were making a purchase or sending money, we recommend that you check both your PayPal account and your email for a transaction confirmation after 30 minutes.
If you came to this page from another website, please return to that site (don't use your browser's Back button) and restart your activity.
If you came from PayPal's website, click the PayPal logo in the upper-left corner to return to our home page and restart your activity. You might have to log in again.
I have attempted the above atleast half a dozen times. :(
When I click on donate, its shows me only paypal option and when I select $50 option it takes me to paypal website with the following message
If you were making a purchase or sending money, we recommend that you check both your PayPal account and your email for a transaction confirmation after 30 minutes.
If you came to this page from another website, please return to that site (don't use your browser's Back button) and restart your activity.
If you came from PayPal's website, click the PayPal logo in the upper-left corner to return to our home page and restart your activity. You might have to log in again.
I have attempted the above atleast half a dozen times. :(
more...
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whyregisteration
08-28 11:38 PM
NSC has finished 7/24/2007 i-485 employment based:
http://www.uscis.gov/files/pressrelease/ReceiptingTimes082407.pdf
my 485/ead/ap package in 07/03 arrived NSC.
no receipt and not cashed:mad::mad:!
(140 was approved at TSC last year).
http://www.uscis.gov/files/pressrelease/ReceiptingTimes082407.pdf
my 485/ead/ap package in 07/03 arrived NSC.
no receipt and not cashed:mad::mad:!
(140 was approved at TSC last year).
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jaggubhai
08-12 08:45 AM
Same exact sequence of events happened to me. I am sure we will have our cards this week God willingly.
Same set of events for me as well
485: Received CPO email for self and spouse: 8/4/8
485: Received email welcoming new PR: 8/5/8
485: Received email for approval notice sent: 8/8/8
Also
485: Received welcome letter for both: 8/9/8
Still waiting for the cards
Same set of events for me as well
485: Received CPO email for self and spouse: 8/4/8
485: Received email welcoming new PR: 8/5/8
485: Received email for approval notice sent: 8/8/8
Also
485: Received welcome letter for both: 8/9/8
Still waiting for the cards
more...
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jsb
09-14 01:18 PM
I am not sure what SOL stands for.
But I can assure you that EB-3 ROW has very little hope. My estimate was that EB3-ROW's wait times were around 5-6 years.
But now, I have a feeling, that its going to be more like 10+ years. And 10+ years is a long time. Some sort of reform will happen in the next five or six years, and even that reform is not likely to get us greencards, since it may emphasize the family-based applicants.
Alisa, Your PD is March'07, and you could file in July'07. That was great for you. It is a bigger problem for those waiting to file. Others are theoritically in the admin process, though it would take a long time to complete. Technically visa was available for everyone in July'07,that's why all could file as it is a legal requirement for I-485 filing. Now they are just waiting to have the admin process completed.
But I can assure you that EB-3 ROW has very little hope. My estimate was that EB3-ROW's wait times were around 5-6 years.
But now, I have a feeling, that its going to be more like 10+ years. And 10+ years is a long time. Some sort of reform will happen in the next five or six years, and even that reform is not likely to get us greencards, since it may emphasize the family-based applicants.
Alisa, Your PD is March'07, and you could file in July'07. That was great for you. It is a bigger problem for those waiting to file. Others are theoritically in the admin process, though it would take a long time to complete. Technically visa was available for everyone in July'07,that's why all could file as it is a legal requirement for I-485 filing. Now they are just waiting to have the admin process completed.
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wc_user
07-27 07:35 PM
Nobody cares about EB3. It is very apparent now. We, who filed in EB3 are on our own.
more...
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leonimish
07-06 04:42 PM
Order Number: FNM1319660
Order Date: Friday 07/06/2007
Delivery On: Tuesday 07/10/2007
Gift Message: Thank you for giving us Hope for few hours on July
1st and taking it away. We enjoyed the ride and the pain. Wish you all the best for future Visa Bulletins.
Order Date: Friday 07/06/2007
Delivery On: Tuesday 07/10/2007
Gift Message: Thank you for giving us Hope for few hours on July
1st and taking it away. We enjoyed the ride and the pain. Wish you all the best for future Visa Bulletins.
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Znan
09-02 11:03 PM
My APs are pending approval, I was told they reimburse if we write to them. Did they reject your apps and paid you back the checks? We also got our cards this 15th, what do we need to do at the SSN office, please guide.
Thanks,
znan
Hi All,
I got mine and my wife green cards on 21st august, Thursday.
Our case was approved on August 12th.
According to the trend I have seen it takes about 1.5 weeks to get your greencard in hand from the day you get the card production email.
Went to the Social Security office on 22nd. (I had actually calculated the day when I would get the cards looking at the trend on IV, so I had planned for it.)
The moment they see the GC (with a replacement card application of course) they know what to do. I think they do it very frequently.
Should get the new Social Security cards (which do NOT have a line at the top that says DHS authorization required to work), in a week or so.
Also I got I-131 DENIED email 2 days after my 485 was approved (I had applied for renewal). Yesterday got the letter form USCIS in the mail for the denial of I-131.
Thanks,
znan
Hi All,
I got mine and my wife green cards on 21st august, Thursday.
Our case was approved on August 12th.
According to the trend I have seen it takes about 1.5 weeks to get your greencard in hand from the day you get the card production email.
Went to the Social Security office on 22nd. (I had actually calculated the day when I would get the cards looking at the trend on IV, so I had planned for it.)
The moment they see the GC (with a replacement card application of course) they know what to do. I think they do it very frequently.
Should get the new Social Security cards (which do NOT have a line at the top that says DHS authorization required to work), in a week or so.
Also I got I-131 DENIED email 2 days after my 485 was approved (I had applied for renewal). Yesterday got the letter form USCIS in the mail for the denial of I-131.
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Dhundhun
07-12 01:40 AM
I was plannig to go to Canada to take care of the landing formalities, but happened to visit this website, http://www.notcanada.com.
The details provided in the site is really scary. Though we keep Canadian PR as back up, after seeing this, I am wondering do I really need to go for landing.
Can someone validate the details provided in notcanada.com
Canada has been lacking of much opportunity and your friends may not open hearted to welcome you there and create opportunity. Perhaps they themselves feel at risk - or really lack of opportunity. I have been Canada for execution of couple of projects in early nineties several times.
It seems that it is no longer true. My son has couple of friends there and now his friends are proactively discussing about opportunities.
So I feel that for job scenarios will be very much different for 15 years experienced persons, 10 years experienced persons, 5 years experienced persons and recently graduated persons.
It may be better for young graduates. If you have 15+ years experience better to explore more.
This is based on personal experiences.
The details provided in the site is really scary. Though we keep Canadian PR as back up, after seeing this, I am wondering do I really need to go for landing.
Can someone validate the details provided in notcanada.com
Canada has been lacking of much opportunity and your friends may not open hearted to welcome you there and create opportunity. Perhaps they themselves feel at risk - or really lack of opportunity. I have been Canada for execution of couple of projects in early nineties several times.
It seems that it is no longer true. My son has couple of friends there and now his friends are proactively discussing about opportunities.
So I feel that for job scenarios will be very much different for 15 years experienced persons, 10 years experienced persons, 5 years experienced persons and recently graduated persons.
It may be better for young graduates. If you have 15+ years experience better to explore more.
This is based on personal experiences.
ramus
06-05 05:13 PM
All you lucky guys who can file for 485, please contribute to IV.
Thanks.
LIN is the prefix of the id number given to your application if you are applying to Nebraska service center, like WAC is for the california service center. it might possibly mean Lincoln,Nebraska.
I believe all 485(along with 765 and 131) applications should go to Nebraska service center after the bispecilization rule became effective. Not sure where the 140 application should go to though.
here is how you decipher the receipt number, be it from Nebraska,California,Texas,Vermont
LIN0312350001
LIN - Service center,LIN for Nebraska,WAC for california,SRC for Texas and EAC for vermont
03 - the year 2003, it should be 07 for this year
123 - working days count from the start of the immigration year(immigration year starts in october i believe)
5 - Not sure what this number is i know it is 5 all the 4 service centers
0001 - count of the applications received at this service center on the given day(day-123). This can go from 0001 - 9999 but normally its about 2000-3000 application worst case 5000-6000 applications per day
Thanks.
LIN is the prefix of the id number given to your application if you are applying to Nebraska service center, like WAC is for the california service center. it might possibly mean Lincoln,Nebraska.
I believe all 485(along with 765 and 131) applications should go to Nebraska service center after the bispecilization rule became effective. Not sure where the 140 application should go to though.
here is how you decipher the receipt number, be it from Nebraska,California,Texas,Vermont
LIN0312350001
LIN - Service center,LIN for Nebraska,WAC for california,SRC for Texas and EAC for vermont
03 - the year 2003, it should be 07 for this year
123 - working days count from the start of the immigration year(immigration year starts in october i believe)
5 - Not sure what this number is i know it is 5 all the 4 service centers
0001 - count of the applications received at this service center on the given day(day-123). This can go from 0001 - 9999 but normally its about 2000-3000 application worst case 5000-6000 applications per day
sac-r-ten
02-10 07:55 AM
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
Hi asdcrajnet, good luck with all your endeavours. Me to heading back this may-end. Having spend 6years and going now where with career or GC.
Have sent you a private message. would appreciate if you could answer few of my queries.
thank you.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
Hi asdcrajnet, good luck with all your endeavours. Me to heading back this may-end. Having spend 6years and going now where with career or GC.
Have sent you a private message. would appreciate if you could answer few of my queries.
thank you.
