paskal
05-24 09:59 PM
this is the code that has been amended
(9)
(A) The Attorney General shall impose a fee on an employer (excluding any employer that is a primary or secondary education institution, an institution of higher education, as defined in section 1001 (a) of title 20, a nonprofit entity related to or affiliated with any such institution, a nonprofit entity which engages in established curriculum-related clinical training of students registered at any such institution, a nonprofit research organization, or a governmental research organization) filing before [1] a petition under paragraph (1)—
(i) initially to grant an alien nonimmigrant status described in section 1101 (a)(15)(H)(i)(b) of this title;
(ii) to extend the stay of an alien having such status (unless the employer previously has obtained an extension for such alien); or
(iii) to obtain authorization for an alien having such status to change employers.
(B) The amount of the fee shall be $1,500 for each such petition except that the fee shall be half the amount for each such petition by any employer with not more than 25 full-time equivalent employees who are employed in the United States (determined by including any affiliate or subsidiary of such employer).
(C) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 1356 (s) of this title.
this is the addition:
in each case that fees is applied per para 9 and 11 (see 9 above) a supplemental fee of $ (8500 in original) 5000 will be applied
effect: new H1b, renewal - but based on the above only the first renewal for any given employer, if you change employers the clock starts again. total fees $1500 + 5000 = $6500
and that is a helluva lot of moolah!
(9)
(A) The Attorney General shall impose a fee on an employer (excluding any employer that is a primary or secondary education institution, an institution of higher education, as defined in section 1001 (a) of title 20, a nonprofit entity related to or affiliated with any such institution, a nonprofit entity which engages in established curriculum-related clinical training of students registered at any such institution, a nonprofit research organization, or a governmental research organization) filing before [1] a petition under paragraph (1)—
(i) initially to grant an alien nonimmigrant status described in section 1101 (a)(15)(H)(i)(b) of this title;
(ii) to extend the stay of an alien having such status (unless the employer previously has obtained an extension for such alien); or
(iii) to obtain authorization for an alien having such status to change employers.
(B) The amount of the fee shall be $1,500 for each such petition except that the fee shall be half the amount for each such petition by any employer with not more than 25 full-time equivalent employees who are employed in the United States (determined by including any affiliate or subsidiary of such employer).
(C) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 1356 (s) of this title.
this is the addition:
in each case that fees is applied per para 9 and 11 (see 9 above) a supplemental fee of $ (8500 in original) 5000 will be applied
effect: new H1b, renewal - but based on the above only the first renewal for any given employer, if you change employers the clock starts again. total fees $1500 + 5000 = $6500
and that is a helluva lot of moolah!
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saimrathi
07-12 07:51 AM
As I said, I wish I could make it.. But I'll be there in spirit...
If you pack your bags and leave tonight you may be able to make it here by Saturday. Instead of sitting at your computer on IV all day and posting the same messages on all threads why not join us!
If you pack your bags and leave tonight you may be able to make it here by Saturday. Instead of sitting at your computer on IV all day and posting the same messages on all threads why not join us!
unitednations
03-30 11:00 PM
More likely cause is that the letter from the applicant notifying his new job never reached/registered in CIS systems.
Did the person send the letter in time? Was there any intermediate change in status between NOID and actual denial status? This is crucial to know before jumping to conclusions.
It was received well within time. If they don't receive resonse to request for evidence; they specifically mention it in the denial.
right now; there is issue with on-line case status with uscis. Not always updating. This is not what it is.
Did the person send the letter in time? Was there any intermediate change in status between NOID and actual denial status? This is crucial to know before jumping to conclusions.
It was received well within time. If they don't receive resonse to request for evidence; they specifically mention it in the denial.
right now; there is issue with on-line case status with uscis. Not always updating. This is not what it is.
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mihird
07-10 09:50 PM
As per our lawyers, right now USCIS is in the process of entering our applications in their system (for date of receipt and such). There was a memo from USCIS saying that they will be done with the job of data entry by August 1.
From August 1, we can expect either rejection or acceptance of the actual application. The hope is that a court/congressional intervention before August 1 will change the USCIS action of rejection into acceptance.
Flowers to Condi; any body?
Cheers,
h1techSlave
I think, we should start another flower campaign for Condi....she too deserves to be bombarded with flowers....I was appalled listening to her views/opinions TV on the July visa bulletin fiasco....
From August 1, we can expect either rejection or acceptance of the actual application. The hope is that a court/congressional intervention before August 1 will change the USCIS action of rejection into acceptance.
Flowers to Condi; any body?
Cheers,
h1techSlave
I think, we should start another flower campaign for Condi....she too deserves to be bombarded with flowers....I was appalled listening to her views/opinions TV on the July visa bulletin fiasco....
more...
Bokke
06-05 04:16 PM
Yesss.. bokke
edit: where the f()ck is holland?
you dont know ? :!:
never heard of amsterdam ?
well, holland is also known as The Netherlands and aww.. oke, its verry small..
its the country in the middle of england and germany ( Europe )
edit: where the f()ck is holland?
you dont know ? :!:
never heard of amsterdam ?
well, holland is also known as The Netherlands and aww.. oke, its verry small..
its the country in the middle of england and germany ( Europe )
walking_dude
11-28 12:09 PM
Tommorrow is the D-Day. Let's try to call-in and bust his arguments. What all troublesome questions can we ask him?
more...
sathyaraj
11-06 02:32 PM
Deleted..as per IV moderstars inputs
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eb2waiter
05-24 02:36 PM
to implement the software for this bill ?
Did you know they built the border wall using illegals.
Did you know they built the border wall using illegals.
more...
mhathi
05-23 03:19 PM
Agree with original post.
Numbers USA people are angry right wing citizens.
Calls from legal aliens who can't vote won't move lawmakers one bit. Money and votes are the only 2 things that matter to politicians.
Pressure groups and lobbyists have far more reach and influence. IV as a group can use lobbyists and other influence to get a lot more done. Individual phone calls are a waste.
DBCD
So you think its just coincidence that two of the lawmakers from Congressional Hispanic Caucus have decided to cosponsor the three lofgren bills at the same time that 200 of us have called? Despite the fact that the CHC has gone on record saying they will not support legal immigration reform unless it also has amnesty provisions, and the three bills are solely for legal immigration ?
Numbers USA people are angry right wing citizens.
Calls from legal aliens who can't vote won't move lawmakers one bit. Money and votes are the only 2 things that matter to politicians.
Pressure groups and lobbyists have far more reach and influence. IV as a group can use lobbyists and other influence to get a lot more done. Individual phone calls are a waste.
DBCD
So you think its just coincidence that two of the lawmakers from Congressional Hispanic Caucus have decided to cosponsor the three lofgren bills at the same time that 200 of us have called? Despite the fact that the CHC has gone on record saying they will not support legal immigration reform unless it also has amnesty provisions, and the three bills are solely for legal immigration ?
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tonyHK12
03-29 06:50 PM
Just donated $50 for the effort. Thanks to all the volunteers in this effort.
thank you
thank you
more...
mpadapa
06-13 01:58 PM
USCIS doesn't write the law they just follows the law. Excluding depends needs legislative fix. IV has been representing the "Exclude dependents" theme but it is not finding much traction with the lawmakers. Currently what is consensus among lawmakers are part of the 3 Lofgren bills. Let us call our House representative and CHC members and ask them to support the 3 bills.
Everyone especially EB3 will benefit if the bills are passed.
I think this is a valid point. We should request from USCIS to treat the employment base category same as other category. I am not sure that USCIS could fix this by themselves or they need any legislation.
This will be a big relief for us and will fix our 50% backlog.
Everyone especially EB3 will benefit if the bills are passed.
I think this is a valid point. We should request from USCIS to treat the employment base category same as other category. I am not sure that USCIS could fix this by themselves or they need any legislation.
This will be a big relief for us and will fix our 50% backlog.
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ilikekilo
05-04 09:52 PM
Does any one know about any existing law (that has been passed as part of a bill or whatever) that offers whistleblower protection for non immigrant visa workers (H1b. L1 etc)?
more...
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nitinboston
05-14 10:39 AM
I know some here just cant hear/consider another point of view, but by calling me names and being so upset, they only convince me further. GC pursuit has taken over lives of some. I so wish one had better pursuits in life.
And bout calls for kicking me out, this section for analysis/discussion. If you want to throw everyone out whom you dont agree with, rename it to 'agree with me' section.
And bout calls for kicking me out, this section for analysis/discussion. If you want to throw everyone out whom you dont agree with, rename it to 'agree with me' section.
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zdong
07-18 09:17 AM
Date Delivered To USCIS: July 2
Service Center: NSC
Rejected: Dont Know
Service Center: NSC
Rejected: Dont Know
more...
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vejella
07-11 09:47 AM
Guys,
Any Idea when we can come to know if the rumor is true or not ....
If this happens then a BIG gain for us and Some companies may even get washed out :)
Any Idea when we can come to know if the rumor is true or not ....
If this happens then a BIG gain for us and Some companies may even get washed out :)
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deletedUser459
06-15 12:12 AM
carbon :thumb:
more...
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bigboy007
04-27 11:28 PM
For me as i did similar analysis during CIR 2007 the text of the bill looks very much similar. They had the same issues on H1/L1 except now fraud prevention... Not sure where it goes... Any idea Pappu, PPL seem to be still interested in debating H1Vs L1 etc... For sure more offshoring...
Pappu,
I went through the text of the new bill vis-a-vis current INA and compared the old and the proposed act. Here are the findings -
Section 101 - This spells disaster for all H1Bs in consulting companies (as FT or C2C) -
by striking clause (ii) of sub-paragraph (E) of the section 212(n)(1), and then adding the new clauses under (F), they are PROHIBITING placement of H1B employees on another employer's site, period. This will affect NOT ONLY pure staffing (desi or non-desi) companies who place their W-2 H1B employees at client site, BUT ALSO big consulting companies like IBM/ACCENTURE/DELOITTE et al. No placement/leasing/outsourcing/contracting for services or otherwise at another employer, period - UNLESS a waiver is obtained, which will mean every company will need to obtain a waiver in order to do so, EFFECTIVELY ENDING ANY CONSULTING BY H1B.
Section 102 - This spells disaster for all companies who's H1B+L1 > 50% total employees
by inserting two new clauses (H) and (I) in section 212(n)(1), it prohibits H1B only or H1B preferred advertisements and prevents any company that employees more than 50 employees to submit NEW H1B/L1 application IF the total number of H1B and L1 employees exceeds 50% of its total employees. It also requires ANY company employing even a single H1B employee to submit W-2s of IRS. This affects ALL Indian IT companies like TCS/WIPRO/INFOSYS/COGNIZANT et al.
remaining sections (103 onwards) are more about enforcement and investigations.
Section 201 - This spells disaster for companies that bring in workers on L visas
This also affects ALL Indian IT companies like TCS/WIPRO/INFOSYS/COGNIZANT et al. AS WELL AS some other companies that might bring in workers from their home country.
IN SUMMARY -
In the SHORT RUN, this hurts outsourcing industry, as they need more time, and H1B/L1 resources on site to transition the work offshore, but I agree that in the LONG RUN, it will GREATLY BENEFIT AND INCREASE OUTSOURCING.
That will indeed be a sad day. Grassley and Durbin are trying to cut the branch they are sitting on. :) This will have the exact opposite of their desired effect.
Hope this helps.
Pappu,
I went through the text of the new bill vis-a-vis current INA and compared the old and the proposed act. Here are the findings -
Section 101 - This spells disaster for all H1Bs in consulting companies (as FT or C2C) -
by striking clause (ii) of sub-paragraph (E) of the section 212(n)(1), and then adding the new clauses under (F), they are PROHIBITING placement of H1B employees on another employer's site, period. This will affect NOT ONLY pure staffing (desi or non-desi) companies who place their W-2 H1B employees at client site, BUT ALSO big consulting companies like IBM/ACCENTURE/DELOITTE et al. No placement/leasing/outsourcing/contracting for services or otherwise at another employer, period - UNLESS a waiver is obtained, which will mean every company will need to obtain a waiver in order to do so, EFFECTIVELY ENDING ANY CONSULTING BY H1B.
Section 102 - This spells disaster for all companies who's H1B+L1 > 50% total employees
by inserting two new clauses (H) and (I) in section 212(n)(1), it prohibits H1B only or H1B preferred advertisements and prevents any company that employees more than 50 employees to submit NEW H1B/L1 application IF the total number of H1B and L1 employees exceeds 50% of its total employees. It also requires ANY company employing even a single H1B employee to submit W-2s of IRS. This affects ALL Indian IT companies like TCS/WIPRO/INFOSYS/COGNIZANT et al.
remaining sections (103 onwards) are more about enforcement and investigations.
Section 201 - This spells disaster for companies that bring in workers on L visas
This also affects ALL Indian IT companies like TCS/WIPRO/INFOSYS/COGNIZANT et al. AS WELL AS some other companies that might bring in workers from their home country.
IN SUMMARY -
In the SHORT RUN, this hurts outsourcing industry, as they need more time, and H1B/L1 resources on site to transition the work offshore, but I agree that in the LONG RUN, it will GREATLY BENEFIT AND INCREASE OUTSOURCING.
That will indeed be a sad day. Grassley and Durbin are trying to cut the branch they are sitting on. :) This will have the exact opposite of their desired effect.
Hope this helps.
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Macaca
11-09 12:06 PM
The Grassley Visa Tax (http://online.wsj.com/article/SB119397030162580100.html) The Wall Street Journal Editorial, November 2, 2007
Congress has failed to pass immigration reform, so industries that depend on foreign workers have already been left in the lurch. But Senator Chuck Grassley now wants to make things worse.
Last week Mr. Grassley, the Iowa Republican, slipped an amendment into a spending bill that would tax businesses that hire skilled immigrants an additional $3,500 per visa to a total of $5,000 each. According to the National Foundation for American Policy, this represents a $3.1 billion tax increase over five years on some of America's fastest growing companies.
Companies employing foreign professionals who are here on H-1B visas already pay $1,500 per individual. The fee was originally set at $500 in 1998, but at least past increases have also included a rise in the number of available visas. When Mr. Grassley floated this tax back in April, it would have been part of a Senate bill that lifted the H-1B visa cap by 50,000 and put in place an escalator provision that allowed market demand to determine future increases.
But the Grassley Tax proposed last week includes no such trade-off, leaving the H-1B visa cap of 65,000 per year intact. The need to increase this arbitrary quota, if not eliminate it, is clear. This year, the U.S. Citizenship and Immigration Services received approximately 120,000 applications for H-1Bs on the first day they were available.
In addition to the hiring fee, current law already requires H-1B professionals to be paid the higher of the prevailing wage or actual wage paid to Americans in similar positions. So it's not as if U.S. businesses pursue foreign engineers, computer scientists and the like because they're cheaper to employ. Nor are these foreign workers overrunning the country and displacing Americans. In 2006, new H-1B professionals comprised 0.07 percent of the labor force.
Citing anecdotal evidence -- "People have called our office," a spokeswoman tells us -- Senator Grassley says the fee increase is necessary to combat abuse and fraud. But the back wages owed to H-1B hires amounted to just $4.6 million in 2006, down from $5.2 million the previous year. In a $12 trillion economy, those numbers are infinitesimal. Department of Labor investigations reveal that some 90% of violations are paperwork offenses and good-faith misunderstandings.
The Senator also maintains that his tax increase is needed to fund more federal programs for high-achieving U.S-born students, who are notoriously underrepresented in math and science. Leaving aside the dubious notion that the federal government doesn't spend enough money on education, the high-tech industry has already shelled out more than $2 billion to fund scholarships over the past decade. And that's not counting their other philanthropic efforts, nor the state and local taxes these companies pay to support public education.
Mr. Grassley's justifications notwithstanding, the reality is that these skilled foreign nationals help U.S. companies compete globally and keep jobs and innovation inside the U.S. This is especially important when other countries are opening their doors to this human capital. The European Union, which says it's facing a shortage of some 20 million skilled workers over the next two decades, has announced plans to streamline its immigration process to attract foreign talent.
So while even European bureaucrats are wising up to the importance of attracting global talent to keep an economy competitive, a Republican Senator is joining liberal protectionists to move the U.S. in the opposite direction. Go figure. If Congress can't see its way to fix our broken immigration system, the least it can do is not drive more jobs offshore.
Investing in America, Making Things Worse (http://online.wsj.com/public/article/SB119449088264586132.html) By Sen. Chuck Grassley (R., Iowa) | Wall Street Journal, Nov 8, 2007
I'm startled to learn that The Wall Street Journal seriously believes that an investment in American students will make things worse for U.S. businesses ("The Grassley Visa Tax," editorial, Nov. 2).
Your editorial asserts that the number of foreign workers on H-1B visas is so minimal that we shouldn't care if Americans are in fact displaced. I challenge the Journal to wave their labor force figures in the face of one of the hi-tech workers who have had to train their own replacement who is an H-1B visa holder. That's a smack in the face to the American worker and hardly an issue to take lightly.
I am committed to an effort to include additional H-1B reforms and increase the visa supply along with an increased investment to educate Americans. But, I strongly disagree that the only solution is to increase our reliance on foreign workers by raising the annual cap. Reforms to the program must be a top priority. Big business cannot continue to ignore the home-grown American talent who should be getting at least a good portion of these jobs.
Congress has failed to pass immigration reform, so industries that depend on foreign workers have already been left in the lurch. But Senator Chuck Grassley now wants to make things worse.
Last week Mr. Grassley, the Iowa Republican, slipped an amendment into a spending bill that would tax businesses that hire skilled immigrants an additional $3,500 per visa to a total of $5,000 each. According to the National Foundation for American Policy, this represents a $3.1 billion tax increase over five years on some of America's fastest growing companies.
Companies employing foreign professionals who are here on H-1B visas already pay $1,500 per individual. The fee was originally set at $500 in 1998, but at least past increases have also included a rise in the number of available visas. When Mr. Grassley floated this tax back in April, it would have been part of a Senate bill that lifted the H-1B visa cap by 50,000 and put in place an escalator provision that allowed market demand to determine future increases.
But the Grassley Tax proposed last week includes no such trade-off, leaving the H-1B visa cap of 65,000 per year intact. The need to increase this arbitrary quota, if not eliminate it, is clear. This year, the U.S. Citizenship and Immigration Services received approximately 120,000 applications for H-1Bs on the first day they were available.
In addition to the hiring fee, current law already requires H-1B professionals to be paid the higher of the prevailing wage or actual wage paid to Americans in similar positions. So it's not as if U.S. businesses pursue foreign engineers, computer scientists and the like because they're cheaper to employ. Nor are these foreign workers overrunning the country and displacing Americans. In 2006, new H-1B professionals comprised 0.07 percent of the labor force.
Citing anecdotal evidence -- "People have called our office," a spokeswoman tells us -- Senator Grassley says the fee increase is necessary to combat abuse and fraud. But the back wages owed to H-1B hires amounted to just $4.6 million in 2006, down from $5.2 million the previous year. In a $12 trillion economy, those numbers are infinitesimal. Department of Labor investigations reveal that some 90% of violations are paperwork offenses and good-faith misunderstandings.
The Senator also maintains that his tax increase is needed to fund more federal programs for high-achieving U.S-born students, who are notoriously underrepresented in math and science. Leaving aside the dubious notion that the federal government doesn't spend enough money on education, the high-tech industry has already shelled out more than $2 billion to fund scholarships over the past decade. And that's not counting their other philanthropic efforts, nor the state and local taxes these companies pay to support public education.
Mr. Grassley's justifications notwithstanding, the reality is that these skilled foreign nationals help U.S. companies compete globally and keep jobs and innovation inside the U.S. This is especially important when other countries are opening their doors to this human capital. The European Union, which says it's facing a shortage of some 20 million skilled workers over the next two decades, has announced plans to streamline its immigration process to attract foreign talent.
So while even European bureaucrats are wising up to the importance of attracting global talent to keep an economy competitive, a Republican Senator is joining liberal protectionists to move the U.S. in the opposite direction. Go figure. If Congress can't see its way to fix our broken immigration system, the least it can do is not drive more jobs offshore.
Investing in America, Making Things Worse (http://online.wsj.com/public/article/SB119449088264586132.html) By Sen. Chuck Grassley (R., Iowa) | Wall Street Journal, Nov 8, 2007
I'm startled to learn that The Wall Street Journal seriously believes that an investment in American students will make things worse for U.S. businesses ("The Grassley Visa Tax," editorial, Nov. 2).
Your editorial asserts that the number of foreign workers on H-1B visas is so minimal that we shouldn't care if Americans are in fact displaced. I challenge the Journal to wave their labor force figures in the face of one of the hi-tech workers who have had to train their own replacement who is an H-1B visa holder. That's a smack in the face to the American worker and hardly an issue to take lightly.
I am committed to an effort to include additional H-1B reforms and increase the visa supply along with an increased investment to educate Americans. But, I strongly disagree that the only solution is to increase our reliance on foreign workers by raising the annual cap. Reforms to the program must be a top priority. Big business cannot continue to ignore the home-grown American talent who should be getting at least a good portion of these jobs.
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greencard_fever
05-25 11:01 AM
Good development. Lets see whether they follow up on this or not.
CIR is difficult due to political landscape. piecemeal approach has the
most likelihood of success especially it is attached to FB category.
On the downside, such bill are tabled every year and they die a natural death.
Visa recapture might since 1992 might greatly reduce the backlog.
How to track the progress of this Bill? can some one post the link to track.
CIR is difficult due to political landscape. piecemeal approach has the
most likelihood of success especially it is attached to FB category.
On the downside, such bill are tabled every year and they die a natural death.
Visa recapture might since 1992 might greatly reduce the backlog.
How to track the progress of this Bill? can some one post the link to track.
eb3_nepa
05-01 04:18 PM
As of yesterday it was $ 107,246. Will update the action alerts tonight and then shut down the 150K drive.
Obviously we didnt meet the target. Today is the last day.
Thanks,
So what happens now? Does this affect QGA's involvement with us?
Obviously we didnt meet the target. Today is the last day.
Thanks,
So what happens now? Does this affect QGA's involvement with us?
diptam
08-25 11:55 AM
You do NOT have to go anywhere - what you are saying is "SBI Rapid Remittance" by SBI where the money will reach your Foreign account the very next day ( But you might have to wire the money as well to BOA-NY or SBI-NY ?)
www.onlinesbi.com/rr - This is SBI's response to rapid exchange.
What i'm talking is "SBI Direct Remit" & takes 3-4 business days but just click of computer mouse once you are set up. I actually set it up Monday morning EST and Friday Morning EST i see my money at Foreign account. No need to open a account at SBI-NY or anywhere but its good to have the target account at SBI ( it can be your mom/dad's SBI a/c or yours , doesn't matter really )
www.onlinesbi.com/glsus
P.S: By the way - i also had the idea that SBI is "sarkari bank" - slow , unprofessional etc... etc.. But the band of peoples who handles this division are really young and bright - my experience for last 6 months is just terrific. Customer Serivice also replies via email the next morning ...
Good info, thanks. I recently registered with the SBI NY (http://www.statebank.com/) branch office, to use their remittance service to send money home (to an SBI India account), but you have to fill out and mail a remittance form to them each time you want to do this.
www.onlinesbi.com/rr - This is SBI's response to rapid exchange.
What i'm talking is "SBI Direct Remit" & takes 3-4 business days but just click of computer mouse once you are set up. I actually set it up Monday morning EST and Friday Morning EST i see my money at Foreign account. No need to open a account at SBI-NY or anywhere but its good to have the target account at SBI ( it can be your mom/dad's SBI a/c or yours , doesn't matter really )
www.onlinesbi.com/glsus
P.S: By the way - i also had the idea that SBI is "sarkari bank" - slow , unprofessional etc... etc.. But the band of peoples who handles this division are really young and bright - my experience for last 6 months is just terrific. Customer Serivice also replies via email the next morning ...
Good info, thanks. I recently registered with the SBI NY (http://www.statebank.com/) branch office, to use their remittance service to send money home (to an SBI India account), but you have to fill out and mail a remittance form to them each time you want to do this.
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