for_gc
10-25 06:21 PM
If skill bill is passed in the same form as it is Americans will be alarmed seeing the inflow based on exemption of US based Master degree and STEM. Not only to Americans it is threat for current H1s and green card holders as well. The problem is those who have money in India can get admission in USA MS degree in any non standard college(I do not think INS can evaluate whether it is standard or not). So atleast 4 times of current MS students will come and they will get h1(I think Ms people has exemption in quota) thro Desi consultants by paying Money and get green card immeditely. This will defeat the purpose of skill bill itself. And also India so many people are doing MSC they can get gc easily here(As we know Indians or anyone will use loopholes to come here and get gc). If immigration is increased so much then it will impact all kinds of exsisting people. I think there should be control in number of h1s and also green cards. I am clear that both H1 and green card numbers should be increased but blanket exemption should not be given any category especially for H1. There were a situation on 2000 and 2001 lot of people returned India because of too much supply and Americans were angry with immigrants at that time especially H1 because they were laid off.
So basically increase of immigration should be based on supply and demand . The purpose of Labour certification is to verify whether any american is rejected for that job. But that is now just formal and real test is not done(it is not possible to do it. If they do it it will take years to clear). I think if they double number of gcs the retrogession issue will be resolved for atleast another 5 years
Good Points Senthil. All we need is something like doubling the # of GC's for the next few years. No blanket provisions. I hope the congressmen are sensible to do that and soon.
So basically increase of immigration should be based on supply and demand . The purpose of Labour certification is to verify whether any american is rejected for that job. But that is now just formal and real test is not done(it is not possible to do it. If they do it it will take years to clear). I think if they double number of gcs the retrogession issue will be resolved for atleast another 5 years
Good Points Senthil. All we need is something like doubling the # of GC's for the next few years. No blanket provisions. I hope the congressmen are sensible to do that and soon.
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GCStatus
09-14 03:03 PM
Let's make sure that this thread or http://immigrationvoice.org/forum/showthread.php?t=21340 remains at the top "Recent forum posts" on IV homepage, so that more and more people can notice it and we can take a timely action. We might need some help from admin. to get this done. I see that "IV Forum login problems" thread is hardwired to remain at the top. We can do something similar for our thread.
Great idea Kary, I was thinking the same
Great idea Kary, I was thinking the same
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
2011 Hairstyle: Long, straight
walking_dude
10-08 04:57 PM
gjoe/and others,
No one's trying to cut the line here. If there's any, it's purely procedural and has nothing to do with 'Ending Retrogression'. With or without retrogression someone might get an RFE, get stuck in namecheck etc. Ending retrogression provides earlier PDs better chances of getting GC faster (if dates are 'C' you get it the month you clear RFE, Name check etc.)
Just posting here isn't helping you cause. Instead you guys can get together and start sending flowers to USCIS director requesting him to publish the complete list of GC applications approved every year. It's the first step in enforcing FIFO. Right now there is no such list and no way of knowing who got their GC out of turn. And while you guys are at it also send some flowers to FBI to clear Namechecks FIFO, to DOL to approve PERM petitions FIFO etc.
Go spend those $50 at Flowers.com folks. Start writing to Senators, collect money, do the lobbying etc. Who's stopping you?
Or do you want logiclife, pappu and rest of the IV core to do it PRO BONO for you?
No one's trying to cut the line here. If there's any, it's purely procedural and has nothing to do with 'Ending Retrogression'. With or without retrogression someone might get an RFE, get stuck in namecheck etc. Ending retrogression provides earlier PDs better chances of getting GC faster (if dates are 'C' you get it the month you clear RFE, Name check etc.)
Just posting here isn't helping you cause. Instead you guys can get together and start sending flowers to USCIS director requesting him to publish the complete list of GC applications approved every year. It's the first step in enforcing FIFO. Right now there is no such list and no way of knowing who got their GC out of turn. And while you guys are at it also send some flowers to FBI to clear Namechecks FIFO, to DOL to approve PERM petitions FIFO etc.
Go spend those $50 at Flowers.com folks. Start writing to Senators, collect money, do the lobbying etc. Who's stopping you?
Or do you want logiclife, pappu and rest of the IV core to do it PRO BONO for you?
more...
gcformeornot
01-29 05:54 PM
in trouble. I am not on H1 but I think the moment you get H1, in this case COS from H4 to H1 within few months you should have paying job. There will be problem at time of extension if no paystubs are present. Bench or not employer need to Pay H1b if he has hired one.
desi3933
06-22 01:36 PM
Well, just say that you will bear ALL expenses associated with filing I-485. That way the only expense for the employer will be a few cents to photocopy and give you the approved copy of I-140.
If you can get the employment letter as well, that's awesome. Otherwise, just use two recent pay stubs. And for those who are going to jump in and say, "No, employment letter is absolutely required...", well, it is not. It's good to have one in case USCIS want it, but not mandatory.
Thanks,
Jayant
P.S.: I am guessing the net financials of your company must be $5000/year otherwise I don't see how paying for your I-485 affects the company's bottomline! :-) Of all the BS, this excuse is a winner!!
>> "No, employment letter is absolutely required...", well, it is not.
You are wrong. How are the pay stubs link to your future GC job. Employment Letter is listed right there on I-485 form as initial evidence.
Do NOT confuse Current Employment Letter with Employment Letter for GC job
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
If you can get the employment letter as well, that's awesome. Otherwise, just use two recent pay stubs. And for those who are going to jump in and say, "No, employment letter is absolutely required...", well, it is not. It's good to have one in case USCIS want it, but not mandatory.
Thanks,
Jayant
P.S.: I am guessing the net financials of your company must be $5000/year otherwise I don't see how paying for your I-485 affects the company's bottomline! :-) Of all the BS, this excuse is a winner!!
>> "No, employment letter is absolutely required...", well, it is not.
You are wrong. How are the pay stubs link to your future GC job. Employment Letter is listed right there on I-485 form as initial evidence.
Do NOT confuse Current Employment Letter with Employment Letter for GC job
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
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sbabunle
03-09 02:23 PM
sorry msp1976. You are not alone. I've a slightly different story.
I came in 1998. Was working with Indian startup. He screwed me
up big time. ( I decided after that I will never work for Indian employers).
He kept on telling me now, tomorrow..for starting GC process. Finlly
he told me to go back to Indian office( In 2001). So I quit.
I joined with new company. After 1 year they agreed to start
GC for me. Another Desi in the company already started his GC.
I had to go with that lawyer, since company doesn't want to deal
with 2 lawyers. There was something going on between this lawyer
and this Desi guy. Anyway this lawyer took all papers from me
and told me everything filed. After one year I came to know that
he did not do a thing. So in effect I miss the golden chance.
I had to start again. In 2003 middle they filed again. And
then the retrogression.....The story goes on....
After two years in the US, I told my employer that I want to file for GC...
Going to and fro he spent 8 months sayign that he is in the process of doing it...Then he gave me the papers to sign...After that he kept telling me that the lawyer had filed it for one and a half year...In April 04 employer changed lawyers...The new lawyer tried to find all cases at the DOL...My case and one of my friends case is 'missing'...They telling me that is old lawyers fault.....They told us to file a new cases...I am sitting around since July 04.....I am so sick of this whole thing.....
July 04 was my chance to change job or go back...I decided to stick with the job...my bad...Now I am really stuck.....Am waiting for 8th year extension...Wife finishing MS in May and baby on way....I am stuck with dead end job...not well paid......
I came in 1998. Was working with Indian startup. He screwed me
up big time. ( I decided after that I will never work for Indian employers).
He kept on telling me now, tomorrow..for starting GC process. Finlly
he told me to go back to Indian office( In 2001). So I quit.
I joined with new company. After 1 year they agreed to start
GC for me. Another Desi in the company already started his GC.
I had to go with that lawyer, since company doesn't want to deal
with 2 lawyers. There was something going on between this lawyer
and this Desi guy. Anyway this lawyer took all papers from me
and told me everything filed. After one year I came to know that
he did not do a thing. So in effect I miss the golden chance.
I had to start again. In 2003 middle they filed again. And
then the retrogression.....The story goes on....
After two years in the US, I told my employer that I want to file for GC...
Going to and fro he spent 8 months sayign that he is in the process of doing it...Then he gave me the papers to sign...After that he kept telling me that the lawyer had filed it for one and a half year...In April 04 employer changed lawyers...The new lawyer tried to find all cases at the DOL...My case and one of my friends case is 'missing'...They telling me that is old lawyers fault.....They told us to file a new cases...I am sitting around since July 04.....I am so sick of this whole thing.....
July 04 was my chance to change job or go back...I decided to stick with the job...my bad...Now I am really stuck.....Am waiting for 8th year extension...Wife finishing MS in May and baby on way....I am stuck with dead end job...not well paid......
2010 Long straight hairstyles have
chi_shark
07-10 02:44 PM
i think it is very clear empirically that h1b is for a temp job and is a non-immigrant visa. it allows the employer to hire for a full time job too... whenever that intention is expressed, it should be expressed to DOL and USCIS in terms of PERM and I-140... thats that... once the h1 visa beneficiary is a beneficiary to I-140, then that person can apply for COS and avail AC21... so, i think it is clear that by itself h1 is temp. AC21 simply allows for h1 holder to extend H1 in case labor is clear and 140 is applied (labor expires in 6 months). further: ac21 allows job change after 485 app.
As per info on that page, it says clearly
"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"
How can you say that any H-1B job is permanent? Now, you don't want to believe even the dol web page.
I have always maintained that Permanent Job is a full-time work that has no fixed end date. H1B petition always have fixed end date.
.
As per info on that page, it says clearly
"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"
How can you say that any H-1B job is permanent? Now, you don't want to believe even the dol web page.
I have always maintained that Permanent Job is a full-time work that has no fixed end date. H1B petition always have fixed end date.
.
more...
supreet
07-10 01:26 PM
Desi/Sankap,
I am not planning to open a company for this. If possible, I would rather work as an independent contractor on 1099. Now, after reading the last few posts, it looks like there are three things I need to worry about in case of a RFE -
1. Job should be bona fide (without going into the definition of the word).
My project is going to be with a large Bank through a big, wellknown consulting/outsourcing company. That should take care of the 'bonafide' part.
2. Should have similar/same job duties/responsibilities.
I am still waiting for the contract, however I can have my job duties/responsibilities listed out in my contract with the company. I am sure I can get a letter from the client too if it comes to that.
3. Job should be permanent - This is something I may not be able to prove. Since the project is short term, I am sure my contract will mention that. I am trying to convince the company to at least include "contract-to-hire" in the language of the contract. Since this project has potential of becoming long term, company is not averse to this idea.
Will having 'contract-to-hire' in the contract take care of this question (if a RFE comes).
Thanks!!
- S
I am not planning to open a company for this. If possible, I would rather work as an independent contractor on 1099. Now, after reading the last few posts, it looks like there are three things I need to worry about in case of a RFE -
1. Job should be bona fide (without going into the definition of the word).
My project is going to be with a large Bank through a big, wellknown consulting/outsourcing company. That should take care of the 'bonafide' part.
2. Should have similar/same job duties/responsibilities.
I am still waiting for the contract, however I can have my job duties/responsibilities listed out in my contract with the company. I am sure I can get a letter from the client too if it comes to that.
3. Job should be permanent - This is something I may not be able to prove. Since the project is short term, I am sure my contract will mention that. I am trying to convince the company to at least include "contract-to-hire" in the language of the contract. Since this project has potential of becoming long term, company is not averse to this idea.
Will having 'contract-to-hire' in the contract take care of this question (if a RFE comes).
Thanks!!
- S
hair A casual long straight hair
mahujam
07-25 03:06 PM
Received by USCIS on 12th June.
Lud on 18th June.
No receipt received. Found SRC number through cashed check.
No further movement yet.
Eb-3/India/17th Jan 2003.
Lud on 18th June.
No receipt received. Found SRC number through cashed check.
No further movement yet.
Eb-3/India/17th Jan 2003.
more...
kshitijnt
05-01 08:03 PM
Lets file a lawsuit to get the info in a manner we need:
1) breakdown of processing dates in a manner that co relates to visa bulletin.
i.e.: tell us how many petitions by per country are pending/processed and processing dates by country and category. Atleast USCIS is answerable to visa bulletin.
2) Visa usage by category reporting each month
(How many petitions were approved are pending by visa category and by country) (here I mean just I140 and I485). Adjust the numbers if there are denials.
This will atleast help everyone predict whats going to happen in recent months. One of the heartburns we have is no information comes out of USCIS and we are held hostage to what oppenheim says or Aytes says or Sheela Murthy says. This is public information so lets try and get it public every month.
1) breakdown of processing dates in a manner that co relates to visa bulletin.
i.e.: tell us how many petitions by per country are pending/processed and processing dates by country and category. Atleast USCIS is answerable to visa bulletin.
2) Visa usage by category reporting each month
(How many petitions were approved are pending by visa category and by country) (here I mean just I140 and I485). Adjust the numbers if there are denials.
This will atleast help everyone predict whats going to happen in recent months. One of the heartburns we have is no information comes out of USCIS and we are held hostage to what oppenheim says or Aytes says or Sheela Murthy says. This is public information so lets try and get it public every month.
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tushbush
05-23 05:55 AM
Sent to 11 (one is common).
Cheers
Cheers
more...
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reddymjm
06-12 11:55 AM
I filed 485/EAD/AP on May 31st and TSC received on June 1st. My checks haven't been cleared yet. TSC is said to be the slowest one. In a chinese forum, several people whose PD became current on June 1st got 485 approved recently. Their cases were all transferred to NSC recently.
BTW, how long will it take to get EAD? I sort of remember that it takes at most 3 months.
As far as i heard TSC is the fastest man. NSC is the snail...
BTW, how long will it take to get EAD? I sort of remember that it takes at most 3 months.
As far as i heard TSC is the fastest man. NSC is the snail...
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kiran24
04-21 02:40 PM
Mehul,
Just wanted to how you are doing now? I will pray to God for you and your family.
Just wanted to how you are doing now? I will pray to God for you and your family.
more...
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go_guy123
02-02 10:33 AM
Love India, gave me the best time.
Came to US for higher education. Love USA.
Not yet in the GC mess, but if I want to stay here, I will have to get in. (Hoping that the problem will be solved by the time I apply :D )
Visited India and love the progress. The final act of moving to India is not always GC, money or lifestyle. It boils down to the family one has in India. Having been away from India for long, don't feel comfortable with relatives anymore. Recently lost my dad, who meant everything to me. Can't think of going back to a place where he is not there anymore!
Good luck to all who decide to go back to India and Good luck to all who decide to stay back in the US.
Those who have come from India (specifically India born) really need lots of luck , perhaps even a miracle, to prevent their GC boats from sinking.
Came to US for higher education. Love USA.
Not yet in the GC mess, but if I want to stay here, I will have to get in. (Hoping that the problem will be solved by the time I apply :D )
Visited India and love the progress. The final act of moving to India is not always GC, money or lifestyle. It boils down to the family one has in India. Having been away from India for long, don't feel comfortable with relatives anymore. Recently lost my dad, who meant everything to me. Can't think of going back to a place where he is not there anymore!
Good luck to all who decide to go back to India and Good luck to all who decide to stay back in the US.
Those who have come from India (specifically India born) really need lots of luck , perhaps even a miracle, to prevent their GC boats from sinking.
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chanduv23
07-08 11:23 AM
I agree. Since Employment based immigration is driven by Employer needs, employer has the bigger say.
Since the process is driven by Employer needs, whole immigration process depends on it. Is it fair from employee point of view? Most likely, not. But, thats how current laws are in place. Changing these laws are not easy, to say the least.
This is really a very unfortunate situation.
The big difference between EAD (for AC-21) and GC is that AC-21 employer has to provide supporting EVL document to continue pending I-485. Now, it is upto the applicant how he/she passes this information to the employer when he/she joins that AC-21 job.
Now, many would pass clear info to AC21 employer that they would EVL to support their GC process (I-485) and no other sponsorship is required. Now, its upto their mutual agreement on EVL. Employer is, within his rights, not to support or issue AC-21 EVL letter.
On the practical side, vast majority of employer have no issues with such EVL letters.
Big companies, of course, go with their legal team recommendation as their main purpose to run their business with least legal hassels.
It is two-way street. If employer is really good, employee will make extra effort on his job. IF employee is valuable (from employer's point of view), most employer will go extra mile to retain him/her. I have seen many such incidents in 12+ years of professional career.
There is, of course, work politics involved too. Bitching about co-worker, a$$ kissing, nepotism is part of it.
I have seen cases, where one team member is making 115k and another team member, at same role, is making just 85k. This may be unfair, but legal.
---------------
Life is not fair; get used to it. - Bill Gates
Success is a lousy teacher. It seduces smart people into thinking they can't lose. - Bill Gates
.
Your perspectives go well beyond what an average immigrant thinks about the whole EB system.
I have seen people "NOT" being themselves and do everything at workplace ONLY because their GC is pending and they do not want to have issues with employer for the sake of GC.
In my opinion, which also complements urs, the whole employment thing - if viewed from the eyes of a common man - one whose immigration status is not tied up with employer, is completely different.
I have seen people facing cultural issues, community issues and a wide range of issues - such things get masked when one's focus is on the GC process, heck leave alone GC - people struggle for even getting h1b and maintaining it.
A lot of people I talk to who come fresh out of school or have 2 years of experience or so, think that they have certain skills and employers would not live without them - whereas it is THEIR struggle to maintain h1b and also work towards GC on long run. All this is nothing but lack of thought process that people must apply but will not because their primary aim is to work out a sponser.
I am not blaming an employee or employer for this but this entire EB based system is set up in that way.
Since the process is driven by Employer needs, whole immigration process depends on it. Is it fair from employee point of view? Most likely, not. But, thats how current laws are in place. Changing these laws are not easy, to say the least.
This is really a very unfortunate situation.
The big difference between EAD (for AC-21) and GC is that AC-21 employer has to provide supporting EVL document to continue pending I-485. Now, it is upto the applicant how he/she passes this information to the employer when he/she joins that AC-21 job.
Now, many would pass clear info to AC21 employer that they would EVL to support their GC process (I-485) and no other sponsorship is required. Now, its upto their mutual agreement on EVL. Employer is, within his rights, not to support or issue AC-21 EVL letter.
On the practical side, vast majority of employer have no issues with such EVL letters.
Big companies, of course, go with their legal team recommendation as their main purpose to run their business with least legal hassels.
It is two-way street. If employer is really good, employee will make extra effort on his job. IF employee is valuable (from employer's point of view), most employer will go extra mile to retain him/her. I have seen many such incidents in 12+ years of professional career.
There is, of course, work politics involved too. Bitching about co-worker, a$$ kissing, nepotism is part of it.
I have seen cases, where one team member is making 115k and another team member, at same role, is making just 85k. This may be unfair, but legal.
---------------
Life is not fair; get used to it. - Bill Gates
Success is a lousy teacher. It seduces smart people into thinking they can't lose. - Bill Gates
.
Your perspectives go well beyond what an average immigrant thinks about the whole EB system.
I have seen people "NOT" being themselves and do everything at workplace ONLY because their GC is pending and they do not want to have issues with employer for the sake of GC.
In my opinion, which also complements urs, the whole employment thing - if viewed from the eyes of a common man - one whose immigration status is not tied up with employer, is completely different.
I have seen people facing cultural issues, community issues and a wide range of issues - such things get masked when one's focus is on the GC process, heck leave alone GC - people struggle for even getting h1b and maintaining it.
A lot of people I talk to who come fresh out of school or have 2 years of experience or so, think that they have certain skills and employers would not live without them - whereas it is THEIR struggle to maintain h1b and also work towards GC on long run. All this is nothing but lack of thought process that people must apply but will not because their primary aim is to work out a sponser.
I am not blaming an employee or employer for this but this entire EB based system is set up in that way.
more...
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psaxena
09-10 04:00 PM
The only way out is to either go back or get together in a group and help IV to move ahead..
THATS THE ONLY , REST EVERY SUGGESTION WITHOUT THIS IS BULLSHIT.
QUOTE=TeddyKoochu;874115]I fully agree with this suggestion. This will greatly alleviate the suffering of the population who missed Jul 07 irrespective of EB2/EB3. The only way we can get the interim benefits (EAD/AP) is that the date crosses our PD's again which in the pre-adjudicated world is going to take a while. Any thoughts suggestions welcome.[/QUOTE]
THATS THE ONLY , REST EVERY SUGGESTION WITHOUT THIS IS BULLSHIT.
QUOTE=TeddyKoochu;874115]I fully agree with this suggestion. This will greatly alleviate the suffering of the population who missed Jul 07 irrespective of EB2/EB3. The only way we can get the interim benefits (EAD/AP) is that the date crosses our PD's again which in the pre-adjudicated world is going to take a while. Any thoughts suggestions welcome.[/QUOTE]
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sujith1
08-03 12:01 PM
Got 2 year EAD approved on 7/31/08
RD - July 11
Still waiting for spouse - not updates there
no updates on AP for both of us
RD - July 11
Still waiting for spouse - not updates there
no updates on AP for both of us
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swamy
12-15 10:59 PM
I dont have GC depression just irritation but when other things bother me I just run it out sometimes. Also, there's so much to be done so once you get busy full time and especially weekends so just try and keep yourself occupied and your mind away from the stuff that bothers you. Ofcourse 10 years is a long time and there's no justification for this but hopefully we can solve this mess thru iv so this ugly vb mess is confined to the dustbins of history forever.
greenrohit
11-18 07:24 PM
Done!
priti8888
12-18 07:30 PM
Some of my cousins and friends who are just leaving college (even the prestigious IIT's) are unwilling to come to the US.
If they do come here, they are reluctant to go after the "GC". They want to wait for a few years, and would embark upon the journey only if there are any "fixes" in the EB GC system.
If not, there are several developed countries that take point based immigrant visa applications and give you a decision in a year or two.
Most of these young friends have already made plans to apply to these countries. Those who qualify have already applied. In one case, a friend whose H1B did not go through last year, immigrated to Australia. (Both he and his wife also found a job in less than a month.)
2, I can appreciate your position. You have already spent several years here, and yet no decision in the sight. If possible, you could still create a fall-back option like Canada/UK/Australia. A PR in these countries might give us easier access come back to the USA later (although not permanently).
Both you and Jazz are geralizing.
Most people here are in IT and have IT friends back home.IITans and IIMs get the best opportunities in India. IT ppl even from ordinary universities have a great future.
But what about others? I have several friends who have a B.S,/ M.S / phd in chemistry, art, sociology, agriculture but have limited opportunities in India. They would love to explore oppotunities in US , Europe or any developed country.
India and other developing nations have other priorities. The government would rather help the poor or improve infrastucture then fund a research project.
If they do come here, they are reluctant to go after the "GC". They want to wait for a few years, and would embark upon the journey only if there are any "fixes" in the EB GC system.
If not, there are several developed countries that take point based immigrant visa applications and give you a decision in a year or two.
Most of these young friends have already made plans to apply to these countries. Those who qualify have already applied. In one case, a friend whose H1B did not go through last year, immigrated to Australia. (Both he and his wife also found a job in less than a month.)
2, I can appreciate your position. You have already spent several years here, and yet no decision in the sight. If possible, you could still create a fall-back option like Canada/UK/Australia. A PR in these countries might give us easier access come back to the USA later (although not permanently).
Both you and Jazz are geralizing.
Most people here are in IT and have IT friends back home.IITans and IIMs get the best opportunities in India. IT ppl even from ordinary universities have a great future.
But what about others? I have several friends who have a B.S,/ M.S / phd in chemistry, art, sociology, agriculture but have limited opportunities in India. They would love to explore oppotunities in US , Europe or any developed country.
India and other developing nations have other priorities. The government would rather help the poor or improve infrastucture then fund a research project.
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