Friday, July 1, 2011

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  • alias
    04-08 07:01 AM
    I might be interesting to check with a lawyer whether:

    H1B extensions based on I-140 (beyond 6 years) are same as normal H1B extensions(without I-140). In other words, if someone has an I-140 approved does this bill still affect his H1B extension petition(assuming he is consulting)?





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  • NKR
    04-14 04:10 PM
    Exactly. now before you jump ..let me say that this may not be applicable to you. but most of the people that I know of, who have very young kids ( 1 - 5/6 year olds) ..buying a house was a wrong decision. (and common sense says the same thing).

    but most of the people that I know of, who have very young kids ( 1 - 5/6 year olds) ..buying a house was a right decision. (and common sense says the same thing).


    Because they bought the house - either they had to slog extra or take up 2 jobs and/or spouse has to work.
    I know people who bought townhouses, not big houses (thus paying mortgage which is slightly more than the apartment rents). They are not slogging extra and they are having single income. I keep re-iterating that what I meant is when things are conducive and situation is right. I do not know which part of that you do not understand.





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  • jkays94
    05-24 01:59 PM
    http://mediamatters.org/issues_topics/shows/loudobbstonight





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  • unitednations
    08-02 11:54 PM
    AC21 tells that one can leave the job after 6 months of filing I485. But the green card is for future job and if anyone is not working for a company after receiving permanent job then green card can be considered as fraud.
    These 2 rules are contraditory in nature.
    Some of my friends quit the job after 6 months of I485 but after receiving GC they went back and worked for a few months.

    Generally USCIS does not have time and resource to track this. But I think they do randomly. One of my other friend resigned the job and he was doing business. He got interview and he postponed the interview to get a job and letter from his previous Company.

    If anyone is happy in their job can stay there till receiving gc. In case of layoffs there is no choice one need to invoke. Even if need to resign the Company it is better try to maintain good relationship. After 8 years GC is denied that will place in tough situation though it will happen for a few cases

    I refer back to my earlier posting where I said I just read the memos and the law and thought this stuff was pretty simple. USCIS quite often goes above and beyond (tax returns rfe's, pictures of company inside/outside).

    I'll give you some examples of what they have done of which I have intimate knowledge of:

    1) Questioned company on I-140 why they had more 140's pending/approved then the number of people on payroll. Asked for all 140 info., h1, L1 and even the people who got employment base greencard and asked company to justify where they are

    2) Department of state for visa stamping; if they don't trust client letter; they refer the case to department of state fraud unit in Kentucky. They will then contact signer of letter and HR of company to verify that person signed the letter

    3) Department of labor is on a real war path of checking companies compliance with h-1b based on referrals made by department of state. I can tell you that there is no way any company who is h-1b dependent can be 100% compliant with h-1b. Patni got fined $3.5 million for violations.

    4) Department of labor made a home visit to an HR person who was no longer working with the company to ask and verify her signatue on labor applications in a fast processing state when they weren't registered to do business there

    5) Department of labor verifying that people were paid the greencard wage upon greencard approval (this was in conjunction with h-1b investigation). I can tell you that some states have very high eb2 wages and people aren't even close to the labor number; companies do it anyways to keep you happy but do they run that number once you do get the greencard?

    6) h-1b rfe's from california service center. when quota finished in one day; there was some rumors from california service center that they would be treating h-1b transfers/quota cases very harshly in that companies were engaging in speculative employment. These days if you are involved in software and you file an h-1b transfer or even extension with california service center; you have a very good chance of getting a four page rfe. One of the things they have started to ask for is a table of people whom h-1b's have been filed for. Table has to list name, social security number, receipt number, date of birth, joining date, termination date, no show, future joining date. California service center then intertwines this information with company unemployment compensation reports. I have actually seen 3 recent denials where USCIS examined the unemployment compensation reports and looked at people who may have been paid a lower wage and pulled those people's h-1b files and denied the present case saying they can't trust the company to comply with the h-1b, lca.

    ----------------------------------------------------------

    These days; uscis/dol/dos really means business. I refer you to earlier posting of how evertime a company files a case; it gives uscis a chance to go through entire immigration history of a company. They have the resources and tools.



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  • gcbikari
    08-11 02:53 PM
    Keep more lessons coming...don't worry about the #2 that you forgot
    Thought #2 was a dirty lesson and intentionally removed.





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  • LostInGCProcess
    08-05 03:56 PM
    ROLLING_FLOOD HAS STARTED THE 'FLOOD' AND HE 'ROLLED' OUT....He is probably laughing his as* off....

    Don't worry too much about GC...it would ruin your life if you think a lot about it.

    We all (at least most of us) came to this country with 2 big suitcases and a carry-on bag (with lots of pickels and masalas and clothes and many other stuff) and maybe couple of thousand $$.

    So, if you look back you all have achieved something more then that for sure...if we don't get GC, then lets pack those 2 suitcases and head home...no big deal !!!! keep a positive attitude and everything would be fine.

    just my thoughts :)



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  • paskal
    04-09 11:47 AM
    The job description can be put in the way that points to your plus points. If you go the Harvard Biz. school you will have those. I dont think they want you to leave. There will be other avenues out there.

    pete,

    i am a physician and in the same boat as you. my employer searched high and dry before i came along. but you are missing something here. except universities that can hire the "best candidate", every other employer has to employ a citizen/gc applicant with the "minimum qualifications for the job". please revisit the rules if you do not understand this. your talent and extra skills count for nothing. employers cannot take the best applicant...if an LCA is needed. this is a very significant problem if applied to H1B renewals. Any tom dick and harry can displace you every 3 years. think about it please, not just your own situation. i am strongly in favor of H1B reform. i believe that this if linked with a bill like strive dramatically increase support for retrogression relief. however the reform needs to be thought through carefully. a 6 mnth LCA process for each renewal would kill us. let's not throw the baby out with the bathwater...





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  • gaz
    01-10 06:48 AM
    Killing of innocents is always terrible. Even more so when it is children.

    Hamas has been holding Palestinians hostage - and now Israel, the cop, doesn't care if the hostage is affected in the fight.

    Israel is fully justified in defending its people, but should at least spare shooting independent parties like the Red Cross etc who are
    helping the wounded in Gaza.

    "when Elephants fight, its the grass that suffers."


    I am not sure why Islamic Fanatics become victims when they are attacked. Israel is 101% right in defending their territory from Palestine terror attacks. My home country is gonig through the same problem but my government won't do anything.

    Similar example of Pakistan becoming a victim of terror when actually it is a factory of terror and 100% of it s population supports terror in one form or another.

    Don't fire rockets if u fear trouble. Civilized world ( US,UK.Israel,India) need to come together and get a gameplan to weed out this trouble.

    When those terrorists kill innocents, Islamic fanatics go silent. They only wake up when their terrorist brothers are killed.

    So collateral is always in play.


    :D



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  • GCnightmare
    08-02 02:55 PM
    Thanks for the quick reply. I never overstayed my I-94 either before leaving US or re-entering US. But just a thought... Do you mean if somebody covered by 245(i) and never left US after filing the labor before April 2001, still be eligible to adjust status?
    Thanks





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  • bondgoli007
    01-06 05:06 PM
    At the same time read about "Greater Middle East", "Greater Isreal" and "New world Order" , "Unipolar world" etc if you have time.
    What would be the purpose of reading all that? I thought the spotlight was on hamas...this is how you try to move the spotlight away huh!!



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  • nogc_noproblem
    08-29 08:59 PM
    "Love" stamps

    A guy walks into a post office one day to see a middle-aged, balding man standing at the counter methodically placing "Love" stamps on bright pink envelopes with hearts all over them. He then takes out a perfume bottle and starts spraying scent all over them. His curiosity getting the better of him, he goes up to the balding man and asks him what he is doing.

    The man says: "I'm sending out one thousand Valentine cards signed: 'Guess who?'"

    "But why?" asks the man.

    "I'm a divorce lawyer." the man replies.





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  • nogc_noproblem
    08-28 11:12 PM
    A pair of gloves

    A young man wanted to purchase a gift for his new sweetie for Valentine's Day. As they had not been very long, it was very difficult decision. After careful consideration he decided a good gift would be a pair of gloves. Accompanied by his sister, he went to the store and bought the gloves. His sister purchased a pair of panties at the same time.

    The clerk carefully wrapped both items but in the process got them mixed up. The sister was handed the gloves and the young man got the panties.

    The young man mailed his Valentine's Day gift with the following note:

    "This special Valentines Day gift was chosen because I noticed you are in the habit of not wearing any when we go out in the evenings.

    These are a lovely shade, the lady I bought them from showed me the pair she had been wearing for the past three weeks and they were hardly soiled. I had her try yours on for me and they looked quite lovely.

    I wish I was there to put them on you for the first time; no doubt, other hands will come into contact with them before I have a chance to see you again.

    Just think how many times I'll be kissing them in the future. I hope you'll wear them Friday night for me.

    Love, Cuddle Bear

    p.s. The sales lady says the latest style is to wear them folded down with just a little fur showing."



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  • ita
    12-17 10:39 PM
    Sanju gave very good explanation here.

    I'm sure some of the readers would already know what I'm saying in my post and like many of them I almost stayed away from posting but for the benefit of those few ( even if it's one person) who might wonder if Gita could have been doctored I decided to share what I know .Again I felt the need to post because the idea was brought up by Sanju(NO..I'm not accusing you Sanju...nor 'm I preaching Gitaism here.Again it's just for the benefit of that few sincere folks...others can stick to Sanju's version...no harm.)

    Hindu society all through the monarchical times was blessed with Enlightened Masters who willfully(for a person who had realized the ultimate truth material positions don't matter) served as subordinates (Mahamantri, ,Rajguru )to the Kings .

    These enlightened gurus were the protectors of some of our scriptures(just some because many of the scriptures were outside the intellectual realm of many kings no matter how powerful they were) be it shastras,stotra or sutras.

    Now before one goes on a spin with these enlightened masters let me also remind everyone that none of the great works are patented or owned by any king or master(unlike in some societies). They did truly protect our scriptures so they can be passed on to us, leaving these great works for use/abuse (based on the individuals intelligence/intention) popular examples in today's world being yoga/kamasutra (both are great spiritual mechanisms but are greatly misused so much so that one can't name (one of them) without feeling wee bit embarrassed).

    If one was to trace the evil practices like caste system they wouldn't find the roots in any of these scriptures. Now these evil practices, I would say were doctored/cooked up by people/kings, but Hindu scriptures were out of the reach of these people.

    These scriptures are wired in such a way that to change them one needs to be highly evolved(not just highly educated or filled with dry intelligence) , to understand them one needs to be sincere seeker not professional seeker.

    Also Vedic Culture which is way of life, a civilization got reduced to mere religion only after foreigners came to Bharatavarsha (although the basic pillars remain the same..dharma , karma ...)

    Thank you.

    Look, your intensions may be good and I respect that, but one cannot solve one problem by creating another problem of equal magnitude.

    Isn't "religion" the reason why folks are fighting? I do not mean to offend anyone, but I think all religious books have been doctored by the kings who were in power during the last two centuries. Bible, Geeta, Quran, or for that matter any religious book of any organized religion - they are all doctored from its original version. Why? Because the purpose of these books is? Guess what? To oragnize the religion. Their primary purpose is not spirituality. Because if the sole purpose was spirituality, no one will have fought each other in the name of religion for thousands of years.

    I guess the question I would ask is - WWJD ie. What Would Jesus Do? If you asked Jesus that are you the only son of god, WWJD? I can tell you with 100% surety that he will say - we are all sons and daughters of God. But con artists have doctored the holy book to suit their meaning and interpretation. Anyways, I do not mean to have a philisophical debate here with you being the "protector" of Jesus, why? Because Jesus or Allah or for that matter any great soul doesn't need any protection from anyone. Just as a cartoon cannot damage Allah, any discussion about any faith cannot damage the GOD. But too often we want to be seen as if "God is on MY side" because I follow CORRECT religion, and everyone else is against my team of "ME & GOD". And thats just the most absurd thing mankind could come up with in the form of organized religion. But the truth is, thats the most common view most humans take, everyone is protecting their "GOD", which actually sounds like a joke. Does god need any protection??? I mean give me a break.

    Please don't bring one flawed system to replace another flawed system.





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  • munnu77
    12-18 03:52 PM
    good article..
    but i always believed, if there is a war between these countries, India will be the loser as pakistan has nothing to lose right now..we will go 10-15 yrs behind compared to other developing countires..
    The war between 2 countries is that the terrorists really want, so they get a bigger grip on pakistan and they can recruit more people into them showing this..
    Europen countries doesnt have much of a problem if they want to attack pak..
    They will bomb and just go..India will have to deal with a destabilised country and people after tht..may be for decades


    y are people giving me red and pouring bad languages..
    I didnt or intend to insult any country or religion..I said only things tht I think are the facts..
    If someone feels the other way..I am sorry..



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  • bigboy007
    09-29 11:17 PM
    We can argue this for long and long ... some ppl say obama is good some ppl say McCain is good... Neither we have chance to determine who would be next. Please dont jump on me...

    But we can discuss on what we can do or have to do based on "IF" "Obama is elected president and as understandable Senator Durbin determines the rules of the game for EB Immigrants.." what are our options , what can we do overcome the crisis through IV , I think this is constructive discussion... and what direction would and will benefit all of us , I see this happening as nightmare.

    Some ppl might argue that its in hands of Congress and Senate... thats right who ever would have followed on CIR 2007 debate its understandable thats the basic rule. But if you see last year the reason bill was defeated was with narrow voting. There is a good chance these numbers might change due to elections new senators might come in. Also argument is there might not be much heat as elections are over , IF not we are all happy and if comes again we need to pursue this again as we did in 2007. But things might change we should be prepared to handle in the apt and best way we can for our best benefit.

    Taking in to other direction if McCain might win I dont see any -ve challenges if not positive. Lets change our direction from whoz best to what to do if such scenario arises ... there are lot of ppl from INdian origin in Obama campaign.. will they help...

    My point is if McCain is elected, there is no chance for GC debates. The economy will become so bad that there won't be any support from any law makers. Nobody will touch the immigration bill.





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  • rimzhim
    04-09 11:46 AM
    If you are that smart, how come you are not applying for EB1. I thought researchers would qualify for EB1. Why are you facing difficulty? Could it be that you are not really that good? Because the system does have an HOV lane for scientists to cruise to greencard. Its called EB1. And its current for most categories. What about that?

    Why dont you join the fast lane of EB1 and leave the bachelor's degree losers behind who didnt thru the whole 9 yards?
    Yes, I am exploring that option.



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  • Macaca
    05-27 05:20 PM
    U.S. Probes Infosys Over Visas (http://online.wsj.com/article/SB10001424052702304520804576343070058872708.html) By MIRIAM JORDAN | Wall Street Journal

    U.S. authorities are investigating whether an Indian software giant repeatedly violated American visa laws in order to place its own foreign employees in temporary jobs at some big corporate clients in the U.S.

    The probe is examining whether Infosys Technologies Ltd. used inexpensive, easy-to-obtain visas meant to cover short-term business visits to the U.S.�instead of the appropriate, but harder to get, work visas�to bring in an unknown number of its employees for longer-term stays, according to people familiar with the matter.

    These so-called B-1 business visas are intended for foreign nationals who come to the U.S. for purposes such as attending business conventions, consulting with business associates or installing machinery.

    A State Department spokeswoman said the department is investigating Bangalore-based Infosys but declined further comment.

    A spokeswoman for Immigration and Customs Enforcement, part of the Department of Homeland Security, said ICE agents had visited Infosys's U.S. offices. However, she said that "as a matter of policy, the agency can neither confirm nor deny the existence of an ongoing investigation."

    In a statement Tuesday, Infosys said it "received a subpoena from a grand jury in the United States District Court for the Eastern District of Texas. The subpoena requires us to provide information to the grand jury regarding our sponsorships for, and uses of, B-1 business visas."

    In a filing Tuesday with the U.S. Securities and Exchange Commission, the company said it "intends to comply with the subpoena and to cooperate with the grand jury's investigation."

    Infosys is best known as an outsourcing company that provides India-based computing and other technology services to Western clients. But it also boasts thousands of U.S.-based employees who develop and install software for back-office accounting, logistics and supply-chain management for companies in the retail, finance and manufacturing industries. Infosys doesn't disclose the identity of its clients.

    The visa investigation comes amid a national debate in the U.S. over whether foreign workers, particularly in the software sector, are displacing qualified Americans because they are cheaper to employ.

    The investigation has spurred the government to say it intends to tighten visa regulations to close loopholes that critics say enable employers to abuse the immigration system.

    The probe was sparked by a lawsuit filed in Alabama state court earlier this year by an Infosys employee named Jack "Jay" Palmer Jr., alleging that Infosys misused the B-1 visa program. The lawsuit, which was recently moved to federal court, alleges that Infosys should have used a different visa program, known as H-1B, under which high-skilled professionals, such as software developers, are allowed into the U.S. for longer-term work.

    The U.S. issues just 65,000 H-1B visas a year, and demand sometimes exceeds supply. H-1Bs take several months to get and can cost upward of $3,000 per individual. The is no cap on B-1 visas, which can be obtained in a matter of days for $140 each.

    In a court filing, Infosys, which acknowledges using B-1 visas, denied the lawsuit's allegations that it had abused them.

    In an interview, Paul Gottsegen, Infosys's chief marketing officer, said he couldn't comment on a matter before the court, but he added: "We are currently in the midst of a detailed internal review to understand whether we need to change or tighten controls with the visa-application process. We are moving as quickly as possible on this important work."

    After learning of Mr. Palmer's lawsuit, Sen. :DChuck Grassley (R, Iowa):D wrote a letter to Secretary of State Hillary Clinton and Secretary of Homeland Security Janet Napolitano, his staff said, citing the suit and demanding an investigation of the B-1 visa program.

    "I'm concerned about fraudulent actions that at least one foreign-based company has allegedly been taking in order get around the requirements and U.S. worker protections�.," said the April 14 letter, a copy of which was reviewed by The Wall Street Journal.

    Visa fraud can carry penalties of 10 years in prison, in addition to fines. Companies found to violate the terms of a visa program such as H-1B can be temporarily suspended from participating in the program.

    For the fiscal year ended March 31, Infosys had revenue of $6 billion, about two-thirds of which came from North America. To service its U.S. clients, Infosys has become one of the top users of the H-1B visa program, employing about 10,000 H-1B holders in the U.S., according to its annual report. Other large users of the visas include Microsoft Corp. and Indian tech titans Wipro Ltd. and Tata Consultancy Services Ltd.

    H-1B visa holders can remain in the U.S. for as long as three years and are paid locally; their employers withhold federal and state income tax. B-1 visa holders are paid by the employer from their home country.

    In his lawsuit, Mr. Palmer, a principal consultant at Infosys, alleges that Infosys was affected by the limited number of H-1Bs in 2009 and began using B-1s to circumvent H-1B requirements.

    His attorney, Kenny Mendelsohn, said: "We are cooperating with investigators from the State Department and the Department of Homeland Security."

    In March 2010, Mr. Palmer attended meetings in Bangalore, where Infosys officials discussed the need to find "ways to creatively get around the H-1B limitations and process to work the system to increase profits and the value of Infosys' stock," according to the lawsuit. Infosys denies the allegation.

    Later, according to Mr. Palmer's complaint, he was asked to prepare letters in support of B-1 applications stating "the employee was coming to the United States for meetings, rather than to work at a job."

    After he refused to write such letters, Mr. Palmer was instructed "to keep quiet" by a manager sent from India who confirmed the violations, according to the suit�a claim Infosys denies.

    Mr. Palmer reported his concerns to Infosys' corporate counsel, Jeff Friedel, who told him to report them to the company's whistle-blower team, which he did in October 2010, according to the lawsuit. Mr. Friedel didn't reply to a request for comment.

    Mr. Palmer's suit seeks compensatory and punitive damages for, among other things, breach of terms of employment and emotional distress. Mr. Palmer remains employed by Infosys, but he is not currently doing any work, according to his attorney.

    In recent years, Congress has introduced anti-fraud, training and other fees that have significantly raised the price of securing an H-1B visa.

    "As Congress has made the H-1B visa category more expensive and more difficult to obtain, companies have searched for alternatives. The B-1 is one such alternative," said Stephen Yale-Loehr, an immigration-law professor at Cornell University.

    "Because the B-1 is nebulous, some companies may be going beyond its intention," he added.

    According to State Department regulations, a B-1 visa holder cannot engage in "local employment or labor for hire."


    U.S. Moves from Rhetoric to Action on Visas (http://blogs.wsj.com/indiarealtime/2011/05/25/u-s-moves-from-rhetoric-to-action-on-visas/) By Megha Bahree and Amol Sharma | IndiaRealTime

    What the Infosys Whistleblower Said on Visas (http://blogs.wsj.com/indiarealtime/2011/05/26/what-the-infosys-whistleblower-said-on-visas/) By Amol Sharma | IndiaRealTime





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  • akred
    04-06 08:51 PM
    This bill seems to require a labor certification like process for every H1B extension. All of us who have gone through labor certification know how painful the initial data collection is when it comes to proving unavailability of US workers. How many employers will want to or be able to get a labor certification like process done for every H1 extension?





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  • rongha_2000
    01-03 11:47 PM
    oh thats the price YOU are willing to bear? How? By staying comfy in the US? Its easy to say dude when you are 7000 miles away. If you (and i know you are not) or anyone in your family is in the military, you would not dare to make such a stupid statement.

    This whole thread is ridiculous and should be deleted. It has no place in immigration forums.

    We are a sovereign nation and are capable of defending ourselves, whatever the cost may be. Yes, it will set us back economically and we may lose thousands of lives, but that is the price we must be willing to bear.





    DSJ
    05-16 12:08 PM
    This is exactly my point. In my view, since have seen both worlds, each one has their own adv and disadv. But eliminating body shopping does not solve todays H1-B shortage issue. They can do many things like limiting no's of H1B per company, release H1B quota quarterly like greencard.

    Do you know that 70-80% of H1Bs are on working on Consulting basis to complete the short-term/long-term assignments. They are the bread and butter of US IT business, not the full-time H1bs working in-house, who again takes a consultant to complete his job.





    akred
    04-07 03:09 PM
    Let me guess, you work at a R&D facility, right? May be, looking for the best way to fit in your individual situation. No offense meant, however, I would request IV and its membership to have a bigger perspective in dealing whit this bill. Otherwise, 500,000 people will be systematically purged from US. And that includes most people waiting for their green cards.

    For sure, this bill is bad. However I do think that the H1B program should have some way of making a distinction between what is essentially a market access issue for foreign companies and a means for domestic companies to hire foreign talent.



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