gc28262
01-29 09:29 AM
AILA’s Business Litigation Comm. Re: Neufeld memobyH-1 Cap Blog (http://www.h1cap.com/?p=121)
The American Immigration Lawyers Association (AILA) has a Business Litigation Committee (BLC) and we met this week and the hot topic of discussion was the recently released Neufeld memo. There is a strong belief that the memo was issued in violation of the Administrative Procedures Act. There is also the belief that the memo violates long-standing precedent and established law. It is believed that there are numerous industry groups as well as individual companies that may be pursuing litigation on this matter. The BLC is in the process of working with the American Immigration Council to create a special section within its clearinghouse service http://www.legalactioncenter.org/litigation-clearinghouse (http://www.h1cap.com/blocked::http://www.legalactioncenter.org/litigation-clearinghouse) specifically dedicated to collecting and posting relevant documents and information on this issue. This will allow all interested parties to be kept up to date on efforts being made to address this policy. We are looking for information regarding actual litigation as well as significant meetings, letters, etc. to USCIS officials as well as Congressional members on this topic. We will then organize the relevant documentation and make it available for access by others. If you are interested in participating in this clearinghouse effort, please keep us updated on your efforts. contact mfh@hammondlawfirm.com for additional info.
The American Immigration Lawyers Association (AILA) has a Business Litigation Committee (BLC) and we met this week and the hot topic of discussion was the recently released Neufeld memo. There is a strong belief that the memo was issued in violation of the Administrative Procedures Act. There is also the belief that the memo violates long-standing precedent and established law. It is believed that there are numerous industry groups as well as individual companies that may be pursuing litigation on this matter. The BLC is in the process of working with the American Immigration Council to create a special section within its clearinghouse service http://www.legalactioncenter.org/litigation-clearinghouse (http://www.h1cap.com/blocked::http://www.legalactioncenter.org/litigation-clearinghouse) specifically dedicated to collecting and posting relevant documents and information on this issue. This will allow all interested parties to be kept up to date on efforts being made to address this policy. We are looking for information regarding actual litigation as well as significant meetings, letters, etc. to USCIS officials as well as Congressional members on this topic. We will then organize the relevant documentation and make it available for access by others. If you are interested in participating in this clearinghouse effort, please keep us updated on your efforts. contact mfh@hammondlawfirm.com for additional info.
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polapragada
04-26 06:34 PM
I like majority of others who came here on H1 with genunine intent of settling down should work toward common goal of easier GC processing and not support outsourcing idiots esp L1s who is nothing but shipping jobs overseas and making a field (eg IT) minimum wage pay. Just look around how much TCS pay .
COmmon goal of us is easier and humane green card processing and to work towards the goal to stop blatant abuses in the form of L1 (and some H1 )
Watch your language.. My friend.. don't throw your rotten ideas as facts
TCS for deputed employees
1. 60.5 K -70 K
2. Full medical insurance (whole family) from Cigna...
3. 401K 4%
4. All travel and relation expenses
5. So many...
--> better than most desi employers
If you think that there is abuse in L1 so in H1
Becasue of so people like you anti-I could able to successfully devide us.
If you think that out sourcing and sending jobs to India is utterly wrong.. so giving jobs to foreigners in US.
You and me are here because of globalization, if we want to get PROTECTed from MORE globalization.. for sure every body will suffer, Indians (in India),L1,H1, You, me, Even Citizens.
And if you are an Indian and going to loose job in USA because of the ptotectionizam you will end begging a job from the same Indian outsourcing companies. Watch out..
COmmon goal of us is easier and humane green card processing and to work towards the goal to stop blatant abuses in the form of L1 (and some H1 )
Watch your language.. My friend.. don't throw your rotten ideas as facts
TCS for deputed employees
1. 60.5 K -70 K
2. Full medical insurance (whole family) from Cigna...
3. 401K 4%
4. All travel and relation expenses
5. So many...
--> better than most desi employers
If you think that there is abuse in L1 so in H1
Becasue of so people like you anti-I could able to successfully devide us.
If you think that out sourcing and sending jobs to India is utterly wrong.. so giving jobs to foreigners in US.
You and me are here because of globalization, if we want to get PROTECTed from MORE globalization.. for sure every body will suffer, Indians (in India),L1,H1, You, me, Even Citizens.
And if you are an Indian and going to loose job in USA because of the ptotectionizam you will end begging a job from the same Indian outsourcing companies. Watch out..
kaisersose
03-13 10:48 AM
I might be wrong, but I think EB2 India came only uptil April 2004.
And the next month (July) EB2 India became current. That is when visa numbers were issued to already pcoessed Sep 2004 cases and approved.
And the next month (July) EB2 India became current. That is when visa numbers were issued to already pcoessed Sep 2004 cases and approved.
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s_dhakhwa@hotmail.com
01-31 05:03 PM
Just voted on both.
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krishnam70
07-17 05:53 PM
I don't know why but we tend to be satisfied with lsmall benefits...
I agree with you "something (EAD and AP) is better than nothing"
But i bet you ..you will find your self in the same situation of agony and endless waiting for the final Green card.
I bet most of the people don't use your ead and AP as it puts you in a gray "Adjustment of status". They are good to have though. But you will see...how painful it is to decide to use them or not..
What i want to say is that being able to apply for EAD and AP is not the end of the battle..you will be stuck in a depressing situation waiting for the final green card.How do i know? .. I went through it...waiting for GC for the past 4 years.
I dont know its FBI or its just the USCIS incompetence but waiting in the final stage is horrible. Every time you travel you are scared...AP as for as my lawyer goes IT does not guarantee 100% entry in to the country.
After you apply for AP its only 1 year H1 increments.
What i am saying why dont we try for the overall improvement of the GC processing. Why dont we be firm about not wasting the GC numbers and recapturing the unused numbers.
We had a small revolt (peaceful way) and its successful.We dont want to stop there.
LETS FIGHT FOR THE OVERALL IMPROVEMENT OF THE GC PROCESSING
I hope you guys are with me..looking for your comments
I agree with your opinion however we might be in the minority here, fellow members(some of them) are just concerned about getting an EAD and AP. They do now know the issues we face after that. Every year renewals, associated risk of not getting AP in time to travel out and not to metion that fact that this will definitely add to the waiting period indefinitely again unless we get together and initiate a campaign for
1. Recapturing unused visa numbers from past years
2. Getting USCIS to treat Primary + Derivatives as one Visa number rather than individual.
any takers?
cheers - peace
I agree with you "something (EAD and AP) is better than nothing"
But i bet you ..you will find your self in the same situation of agony and endless waiting for the final Green card.
I bet most of the people don't use your ead and AP as it puts you in a gray "Adjustment of status". They are good to have though. But you will see...how painful it is to decide to use them or not..
What i want to say is that being able to apply for EAD and AP is not the end of the battle..you will be stuck in a depressing situation waiting for the final green card.How do i know? .. I went through it...waiting for GC for the past 4 years.
I dont know its FBI or its just the USCIS incompetence but waiting in the final stage is horrible. Every time you travel you are scared...AP as for as my lawyer goes IT does not guarantee 100% entry in to the country.
After you apply for AP its only 1 year H1 increments.
What i am saying why dont we try for the overall improvement of the GC processing. Why dont we be firm about not wasting the GC numbers and recapturing the unused numbers.
We had a small revolt (peaceful way) and its successful.We dont want to stop there.
LETS FIGHT FOR THE OVERALL IMPROVEMENT OF THE GC PROCESSING
I hope you guys are with me..looking for your comments
I agree with your opinion however we might be in the minority here, fellow members(some of them) are just concerned about getting an EAD and AP. They do now know the issues we face after that. Every year renewals, associated risk of not getting AP in time to travel out and not to metion that fact that this will definitely add to the waiting period indefinitely again unless we get together and initiate a campaign for
1. Recapturing unused visa numbers from past years
2. Getting USCIS to treat Primary + Derivatives as one Visa number rather than individual.
any takers?
cheers - peace
english_august
07-12 10:00 PM
This is the press release prepared with help from the Core. Please send it out to your friends, journalists and other contacts.
http://www.touchdownusa.org/SanJose/SanJoseRallyPR.pdf
Best of Luck for the rally.
http://www.touchdownusa.org/SanJose/SanJoseRallyPR.pdf
Best of Luck for the rally.
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snathan
01-17 04:59 PM
Hi Guys,
Please join the donor forum. We got some direction and plan how to go about this. We can not post the message in the open forum. We need trusted volunteer to work on this. Please send me your phone number and contact details in pvt message. pls check the donor forum for updates.
Please join the donor forum. We got some direction and plan how to go about this. We can not post the message in the open forum. We need trusted volunteer to work on this. Please send me your phone number and contact details in pvt message. pls check the donor forum for updates.
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mirage
03-11 09:46 AM
In my opinion USCIS will not give inaccurate information, in writing, to a Senator. The letter clearly mentions 'Application Pending for India'...
"EB Applications pending from India" is very vague, and most probably is not what we are looking for.
USCIS has indicated earlier that they don't know chargeability country until application is ready for approval, which may be true although we didn't want to believe this. Most likely until 485 application is approved birth country is not written anywhere other than the paper application. In most 485 application cases (family, EB and others), chargeability country is a just a matter of recording at approval time. At final approval time, when birth country is found to be retrogressed, application goes back to pending (or cold storage), but ready to approve. This also explains why cutoff dates have to rely purely on guess work, and move back and forth.
For proper handling of cases for retrogressed countries, USCIS/DOS really have no workable method in place.
"EB Applications pending from India" is very vague, and most probably is not what we are looking for.
USCIS has indicated earlier that they don't know chargeability country until application is ready for approval, which may be true although we didn't want to believe this. Most likely until 485 application is approved birth country is not written anywhere other than the paper application. In most 485 application cases (family, EB and others), chargeability country is a just a matter of recording at approval time. At final approval time, when birth country is found to be retrogressed, application goes back to pending (or cold storage), but ready to approve. This also explains why cutoff dates have to rely purely on guess work, and move back and forth.
For proper handling of cases for retrogressed countries, USCIS/DOS really have no workable method in place.
more...
rimzhim
02-07 08:14 PM
I used to think that SKILL is only for non US MS.
Hey Sidarth:
Are you drunk tonight or just kidding me? :)
Hey Sidarth:
Are you drunk tonight or just kidding me? :)
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snathan
03-29 01:53 PM
@Snathan how did you know he didn't call me here , are you one of the consultants yourself who does this filthy work of cheating people.
I guess it was my employers discretion to make me sit home with him just not responding to my mails, i couldn't barge in to his office and say hey give me desk to work on? can i ?
Anyways looking at the LCA agreement i think you don't seem to know what you are talking about, I am here holding his company's name on my H1B form , His agreement on LCA and his employment letter, i dunno if there is any other way i could make inroads into barging into his office?
Now if he puts a security guard against me entering his office, shouldn't i report this to DOL too?
Mind your words you low life scum bag. You don’t know what you were doing and paid for H1B and landed here and informed your employer through email which states he did not invite you to the US though he applied for the H1B. By the way when did he informed about the project situation.
Yea...you go ahead and report DOL or even white house. I am sure you won’t get anything out of it as there are so many loop holes in your case. No one is going to pay you the green buck because you want it.
Getting emotional is not going to help you. Your case is not going to impact your employer until he is doing this as a pattern. The only other option is, if you can get another job apply for a transfer and the approval without I-94. Then you will have to go out of the country and come back.
Your first priority should be to get the job and fix your visa issues. Then find other employees working for this employer and if they are in similar situation like you. If so, you have a very strong case and complaint to DOL. May be you should use this as a leverage to get the pay stub and do transfer. Really speaking pay stub is not an issue as long as you are able to get a job.
You need to relax and think what do you want to do and whats your goal...do you want to put your life back on track or go after this guy. You can teach him a lesson but how it’s going to help improving your situation. Because of the current environment, no one needs to file any complaint and every application from any company is thoroughly scrutinized by the USCIS. Worst case he will shut the shop and open another one. All he needs is a $300 to register a company. USCIS is not going to deport him as he might be already on GC or USC. But there is every possibility for ICE to knock on your door. You are just shooting yourself in the foot. Good luck.
I guess it was my employers discretion to make me sit home with him just not responding to my mails, i couldn't barge in to his office and say hey give me desk to work on? can i ?
Anyways looking at the LCA agreement i think you don't seem to know what you are talking about, I am here holding his company's name on my H1B form , His agreement on LCA and his employment letter, i dunno if there is any other way i could make inroads into barging into his office?
Now if he puts a security guard against me entering his office, shouldn't i report this to DOL too?
Mind your words you low life scum bag. You don’t know what you were doing and paid for H1B and landed here and informed your employer through email which states he did not invite you to the US though he applied for the H1B. By the way when did he informed about the project situation.
Yea...you go ahead and report DOL or even white house. I am sure you won’t get anything out of it as there are so many loop holes in your case. No one is going to pay you the green buck because you want it.
Getting emotional is not going to help you. Your case is not going to impact your employer until he is doing this as a pattern. The only other option is, if you can get another job apply for a transfer and the approval without I-94. Then you will have to go out of the country and come back.
Your first priority should be to get the job and fix your visa issues. Then find other employees working for this employer and if they are in similar situation like you. If so, you have a very strong case and complaint to DOL. May be you should use this as a leverage to get the pay stub and do transfer. Really speaking pay stub is not an issue as long as you are able to get a job.
You need to relax and think what do you want to do and whats your goal...do you want to put your life back on track or go after this guy. You can teach him a lesson but how it’s going to help improving your situation. Because of the current environment, no one needs to file any complaint and every application from any company is thoroughly scrutinized by the USCIS. Worst case he will shut the shop and open another one. All he needs is a $300 to register a company. USCIS is not going to deport him as he might be already on GC or USC. But there is every possibility for ICE to knock on your door. You are just shooting yourself in the foot. Good luck.
more...
lvinaykumar
07-14 01:37 PM
Any updates here..
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chanduv23
02-05 04:11 PM
You can keep changing employers once your I-140 is approved. You need to restart ur GC process but you can keep ur PD (if not revoked) and get a 3 year extension immediately based on the Approved I-140.
Sure it's not the best case scenario, but atleast you CAN do it. But for most married folk their spouses on H4 CANNOT work without EADs or waiting a year till the H1 quota opens. Even with the quota opening unless your spouse is into business or IT it is VERY tough to get an H1 for the spouse.
Letting h4s work in "non specific-skilled jobs" may actually work against us because they will be in direct competition with local people in those jobs and anti immigrant will be against it. I guess porting to h1 from h4 can be a good option and a feasable option.
Sure it's not the best case scenario, but atleast you CAN do it. But for most married folk their spouses on H4 CANNOT work without EADs or waiting a year till the H1 quota opens. Even with the quota opening unless your spouse is into business or IT it is VERY tough to get an H1 for the spouse.
Letting h4s work in "non specific-skilled jobs" may actually work against us because they will be in direct competition with local people in those jobs and anti immigrant will be against it. I guess porting to h1 from h4 can be a good option and a feasable option.
more...
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2ndJuly
09-17 02:09 PM
here how it will be considered:
first human--> followed by illegal immigrants-->next horses-->last and least aliens
first human--> followed by illegal immigrants-->next horses-->last and least aliens
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gg10004
06-18 09:10 PM
IMG is very good but they dont cover pre existing conditionsl.
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santb1975
12-02 11:00 PM
:D:D
One quick and dirty one is to...people who want to 'Add to Reputation' of posts...need to buy:)
I can't believe...I got few red dots....for this post. These Red dots that many of our IVers donate so generously need to be purchased in order to give it to anybody next time.
Just kidding, don't take this seriously. Some people found this post 'illogical' :)
One quick and dirty one is to...people who want to 'Add to Reputation' of posts...need to buy:)
I can't believe...I got few red dots....for this post. These Red dots that many of our IVers donate so generously need to be purchased in order to give it to anybody next time.
Just kidding, don't take this seriously. Some people found this post 'illogical' :)
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qasleuth
05-14 12:08 PM
Finally, Thank you for your smart and intelligent attempt to dilute the members' focus. First you start off by saying that we have no allegiance to our home land and finally you deduce that country caps are OK.
Inference: You are some psycho who is concerned that the glass ceiling of country caps in employment based system will be shattered sooner or later.
I strongly disagree. He is no psycho, just a juvenile displaying 4th grade logic to exhort the masses. Comes back and 'moderates' his thread by 'channeling', thanking and asking for more brilliant ideas.
nitinboston, do not brush this off as some kind of personal attack and you have bigger fish to fry...I urge you to read and reflect.
This might come as a surprise to some of you, but someone needs to say it out loud. GET A LIFE FOLKS!!!! there is more to life then EB, GC and all. it seem all we desi's can think of is how to get a green card so we can live here with peace and never have to worry bout getting laid off or anything.
Comes as a surprise to your fellow elementary schoolers ? Who are you to generalize ? That is what your immediate buddies or people YOU associate may be thinking.
Few points:
1) having gc is a privilege not a right.
2) US has every right to choose whom they want to have in their country.
Thanks for the breaking news !
4) Considering the number of fraud's committed by Indian body shoppers and people who use them, i am not surprised USCIS is extra careful when it comes to Indian applications. Anyone who got his wife with no exp with software dev an h1b visa from some cheat in Jersey knows what i am talking bout . My freind got his wife an H1 after showing she knew software testing even though her major was fine arts and all she was good at was web surfing
Does your friend or his wife know what kind of a backstabbing 'best and brightest' you are ? Just because your so called friend's wife got a job cheating (if I take your word for it), it does not give you the right to brush the whole category with the same color. Who are you trying to impress by pissing on everybody ?
5) have a back up. i came here in 2001 as student and have seen it all. I am on h1b since 2004. i knew we have too many people whose sole aim in life is a American GC. to avoid becoming one of those who check processing dates first thing in morning, i applied for Canadian PR, got it in 8 months and i am not even gonna bother applying for labor, i-140 and all those precious life controlling documents.
Wake up friends, you have options. Don't let your life depend on you application status.
Again, thanks for the breaking news and brilliant suggestions. First off, stop generalizing and look beyond your pathetic 'immediate circle'. AND here is some breaking news for you: You have not seen it all, as I can clearly see by the quality of your arguments. Don't come onto a forum, hide behind the curtain of anonymity and shoot your mouth off giving 'plain' 'straight from your heart' BS.
Inference: You are some psycho who is concerned that the glass ceiling of country caps in employment based system will be shattered sooner or later.
I strongly disagree. He is no psycho, just a juvenile displaying 4th grade logic to exhort the masses. Comes back and 'moderates' his thread by 'channeling', thanking and asking for more brilliant ideas.
nitinboston, do not brush this off as some kind of personal attack and you have bigger fish to fry...I urge you to read and reflect.
This might come as a surprise to some of you, but someone needs to say it out loud. GET A LIFE FOLKS!!!! there is more to life then EB, GC and all. it seem all we desi's can think of is how to get a green card so we can live here with peace and never have to worry bout getting laid off or anything.
Comes as a surprise to your fellow elementary schoolers ? Who are you to generalize ? That is what your immediate buddies or people YOU associate may be thinking.
Few points:
1) having gc is a privilege not a right.
2) US has every right to choose whom they want to have in their country.
Thanks for the breaking news !
4) Considering the number of fraud's committed by Indian body shoppers and people who use them, i am not surprised USCIS is extra careful when it comes to Indian applications. Anyone who got his wife with no exp with software dev an h1b visa from some cheat in Jersey knows what i am talking bout . My freind got his wife an H1 after showing she knew software testing even though her major was fine arts and all she was good at was web surfing
Does your friend or his wife know what kind of a backstabbing 'best and brightest' you are ? Just because your so called friend's wife got a job cheating (if I take your word for it), it does not give you the right to brush the whole category with the same color. Who are you trying to impress by pissing on everybody ?
5) have a back up. i came here in 2001 as student and have seen it all. I am on h1b since 2004. i knew we have too many people whose sole aim in life is a American GC. to avoid becoming one of those who check processing dates first thing in morning, i applied for Canadian PR, got it in 8 months and i am not even gonna bother applying for labor, i-140 and all those precious life controlling documents.
Wake up friends, you have options. Don't let your life depend on you application status.
Again, thanks for the breaking news and brilliant suggestions. First off, stop generalizing and look beyond your pathetic 'immediate circle'. AND here is some breaking news for you: You have not seen it all, as I can clearly see by the quality of your arguments. Don't come onto a forum, hide behind the curtain of anonymity and shoot your mouth off giving 'plain' 'straight from your heart' BS.
more...
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vnsriv
03-13 11:26 AM
it doesnt hurt to believe, you are 9 months away...:-)
As the guy who posted it said, this is a normal process....Consulates will know 3 to 4 days before...
That is correct, 9 months and then I will return to my country for good.
I am waiting for the day when we get the GC , we will tear it into pieces and throw in front of consulate.
Cheers
As the guy who posted it said, this is a normal process....Consulates will know 3 to 4 days before...
That is correct, 9 months and then I will return to my country for good.
I am waiting for the day when we get the GC , we will tear it into pieces and throw in front of consulate.
Cheers
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anandrajesh
07-16 12:18 PM
Singed.
It should have 50K signatures.
Signed.
This gentleman need to know the facts prior spreading all false and misinformed campaigns.
It should have 50K signatures.
Signed.
This gentleman need to know the facts prior spreading all false and misinformed campaigns.
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ItIsNotFunny
03-13 12:57 PM
That is correct, 9 months and then I will return to my country for good.
I am waiting for the day when we get the GC , we will tear it into pieces and throw in front of consulate.
Cheers
Why are you consuming and wasting couple of visa numbers. Pull back your application and I will be couple of hours early getting it.
GC should be received by people who need it desparately not to people like you who just want to get it for personal satisfaction and has no value for it.
I am waiting for the day when we get the GC , we will tear it into pieces and throw in front of consulate.
Cheers
Why are you consuming and wasting couple of visa numbers. Pull back your application and I will be couple of hours early getting it.
GC should be received by people who need it desparately not to people like you who just want to get it for personal satisfaction and has no value for it.
logiclife
05-24 01:28 PM
http://www.informationweek.com/news/showArticle.jhtml?articleID=199701809
Throwing money at scholarships and education incentives dont make people choose a profession they dont like. If they want to be lawyers and doctors and managers, they wont force themselves to go for tech degrees and diplomas just because they get thousands of dollars in scholarships.
People in this country are lucky enough to go for professions they like to do and they would pay money to get it rather than look for discounts on tech degrees.
Even if they do get tech degrees, they wont work in that profession.
So rather than create bogus incentives, why not just impose higher taxes on H1B earning and give that money free to former US citizen computer "Programmers" and cut to the chase rather than create training and education incentives they will never respond to.
This amendment is for placating US citizens computer "Programmers" and "Progammer's" guild.
Well, keep doing that.
See you all in Bangalore and Shanghai.
Throwing money at scholarships and education incentives dont make people choose a profession they dont like. If they want to be lawyers and doctors and managers, they wont force themselves to go for tech degrees and diplomas just because they get thousands of dollars in scholarships.
People in this country are lucky enough to go for professions they like to do and they would pay money to get it rather than look for discounts on tech degrees.
Even if they do get tech degrees, they wont work in that profession.
So rather than create bogus incentives, why not just impose higher taxes on H1B earning and give that money free to former US citizen computer "Programmers" and cut to the chase rather than create training and education incentives they will never respond to.
This amendment is for placating US citizens computer "Programmers" and "Progammer's" guild.
Well, keep doing that.
See you all in Bangalore and Shanghai.
kingkon_2000
08-25 12:44 PM
Second the idea of using an ATM card for this purpose. You can get an ATM card for your parents or relatives in India from your local credit union or bank in the US.
ATM is a good idea.. What I normally do is I take or send my US check book signed of course and my name or family members name in pay to field.. No transfer fee or any thing and you can directly deposite it in any bank account with USD amount on it. The catch here is it take 10-15 business days.. but if it is not an emergency I find this is the best way and besides this you get better rate too...
ATM is a good idea.. What I normally do is I take or send my US check book signed of course and my name or family members name in pay to field.. No transfer fee or any thing and you can directly deposite it in any bank account with USD amount on it. The catch here is it take 10-15 business days.. but if it is not an emergency I find this is the best way and besides this you get better rate too...
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