Friday 1 July 2011

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  • sanju
    05-15 05:42 AM
    hey guys,

    M new to this. I have applied for a H1 B this year ....i went thru the pdf on bill S 1035 ...& it states the following:

    Section 2(e) Prohibition of Outplacement
    1. Employer cannot place, outsource, lease, or otherwise contract for the
    placement of an employee on H-1B. (This prohibits any consulting work for
    an employee on H-1B).
    2. This applies to all the application filed after the enactment of this bill.

    Does it mean that all existing consulting work will also be in danger??

    YES

    M a bit confused as point 2 states that it will be for all applications after the enactment of the bill. Does that affect H1-b holders frm this year itself??

    YES




    Durbin-Grassley going after 9 firms.

    http://www.team4news.com/Global/story.asp?S=6514384&nav=0w0v

    U.S. Senators question companies about visas

    Two US senators are questioning several companies about their use of a visa program for highly skilled workers. Senators Chuck Grassley of Iowa and Dick Durbin of Illinois are focusing on nine companies -- several of them foreign-based. Those companies used nearly 20,000 of the 75,000 H-One-B visas that were available last year. H-One-B visas are for high-skilled workers and are heavily used in the high-tech industry. The industry has long complained that too few visas are available. Grassley and Durbin, both on the Senate Judiciary Committee's immigration subcommittee, sent letters to the nine companies asking questions about visa use, wages and layoffs. The top users were identified with statistics from Citizenship and Immigration Services. The letters, posted on Grassley's Web site, were addressed to:

    Infosys Technologies Limited in Freemont, California
    Wipro Limited of Mountainview, California
    Tata Consultancy Services Limited of Arlington, Virginia
    Saytam Computer Services Limited of Andhra Pradesh, India
    Patni Computer Systems of Mumbai, India
    Larsen & Toubro Infotech Limited of Mumbai, India
    I-Flex Solutions of Mumbai, India
    Tech Mahindra Americas of Englewood, Colorado and
    Mphasis Corporation of Bangalore, India
    ----------------------------------------------------------------------
    Here is a letter from Sen. Durbin and Grassley to these companies
    http://grassley.senate.gov/releases/2007/05142007.pdf




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  • vghc
    01-06 06:22 PM
    India has legitimate reason to attack pakistan or any terrorist camps in and out of pakistan. But our spineless leaders couldn't take any action on that. Its a shame on our leadership.

    But Palestine is not like that. They are fighting for their right. Have you ever seen or heard about how people in palestin live their day to day life? How many check points they have to cross before crossing a mile? How much time they spend waiting on each crossing?

    Don't you think they also deserve dignity? Don't you think they also live in peace and harmony? Don't you know their desperate situation? There's no electricity, no clean water, no drianage, nothing. Whole country is like a big prison. They are going thru this hardship for several decades. Everything was destroyed by the brutal force.


    Then why don't you quit your job not and fly over there to help them?
    Voicing your opinions here won't make them feel any safer.
    The world is a mess up place, most of us here can't even get our bloody greencards after years of waiting.




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  • CreatedToday
    01-07 03:13 PM
    What are they? :D

    http://justifythis.blogspot.com/2006/05/pervert-prophet_12.html

    Warning : Watching this video may lead some into a state of denial, or even rage. If you are easily offended by creative depictions, then don't watch. For everyone else, enjoy :

    I didn't know Narendra Modi is a muslim. I didn't know those are committing genocide in Palestine are muslims. I didn't know those who attacked Iraq and commited war-crime under the pretex of WMD are muslims. I didn't know that these people are muslims.

    May be Narendra Modi was born to a Moghul Emperor. Others are born to ottaman emperors. What about you vghc? Are you a product of muslim?




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  • willwin
    07-13 04:48 PM
    I agree! Guys, can some one who is good in drafting letter like this one come forward and volunteer?

    The person, can either take inputs and then draft a letter or come up his/her own and then look for suggestions.


    Thoughts?

    Aadimanav, mirage and pani_6, do you guys wanna run with this?

    Or any other volunteers?

    Come up with a draft and then share with rest of us.



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  • rajuseattle
    07-14 08:59 PM
    digital2k,

    Petition or efforts to recapture wasted VISA numbers is a good effort and I do support that inititiative.

    But their seems to be other petition floating around which ignited verbal fighting/arguments between EB-2 and EB-3 indians, that's harmful for the unity of this community (IV).

    I was against that petition which was written to Charles oppenheim complaning about the allocation of spill over VISA numbers to EB-2 India and China.


    I hope this explains my stand on IV efforts.




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  • redcard
    03-24 04:28 PM
    You know its very true that the whole problem around H1-B and Green Card scrutiny has a lot to do with the way the system was exploited by consulting companies which primarily have Indian ownership. In the pre Perm day�s you would find every consulting company having an address in every state where the labor approval for green card was faster. That resulted in the same company filling multiple labor for the same employee from five different state�s resulting in clogging the system and leading to BEC�s. These labors when they were eventually approved were sold by these unscrupulous companies as substitution labors, infact you could find advertisement for sale on sulekha for these labors (I am sure we all remember cybersoft). Thanks to this, today we USCIS looking closely at every green card case.

    In the last few years� things have got so bad that these consulting companies send team of attornies to India during the H1-B filing season for H1-B applications where they charge over Rs.200K plus from candidates for filling H1-B.(Open local Indian papers and you can see advertsiment for these) Half of these applicants never make it to US as consulates rdetect these frauds at the time of stamping and this has made stamping even for genuine cases difficult. Apart from that it has resulted in H1-B lottery where a deserving candidate can not get an H1-B and finally to the current situation where USCIS looks at every H1-B application including renewal with a jaundice eye. Add to this the Satyam issue.

    Lets face it; the root cause of the issue we face in the immigration system can be attributed to the greed of some Indian consulting companies.

    Just take at a look at these advertisments ..

    http://www.training-classes.com/programs/01/26/12677_h1b_visa_sponsorship.php
    http://www.indianscholar.com/Forums/showthread.php?p=344
    http://jobblogr.com/2007/04/08/h1-b-sponsorship-2007-usa-fresh-graduates-experienced-professinals-tcognition-inc/

    I can bet this vipul or shilpa will "bench" the minute you are out of project,,



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  • nogc_noproblem
    08-06 06:40 PM
    The local bar was so sure that its bartender was the strongest man...

    ... around that they offered a standing $1000 bet.

    The bartender would squeeze a lemon until all the juice ran into a glass, and hand the lemon to a patron. Anyone who could squeeze one more drop of juice out would win the money.

    Many people had tried over time (weight-lifters, longshoremen, etc.) but nobody could do it.

    One day this scrawny little man came into the bar, wearing thick glasses and a polyester suit, and said in a tiny squeaky voice "I'd like to try the bet."

    After the laughter had died down, the bartender said OK, grabbed a lemon, and squeezed away. Then he handed the wrinkled remains of the rind to the little man.

    But the crowd's laughter turned to total silence as the man clenched his fist around the lemon and six drops fell into the glass.

    As the crowd cheered, the bartender paid the $1000, and asked the little man "what do you do for a living? Are you a lumberjack, a weight-lifter, or what?"

    The man replied "I work for the IRS."




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  • unitednations
    03-25 02:53 PM
    UN,
    Any stories of AOS applicants porting to self employment under AC21, that you could share with us?

    Given your explanation on risks involved with porting to a small company, I wonder how self employment plays out in an AC21 scenario.

    Thanks very much, as always.

    I know many people think about it but they don't have the kahunas to actually execute it. I am not aware of anyone who has tried it and was open about it with uscis.

    In my case when my 485 was pending I went self employment route. I had to give updated g-325a to show employmnet history and I put it right there for officer to see at local office interview. He actually made an astonishing face and I told him that it was allowed and 485 was pending and I can do what I wish during this time. I also told him that I was not my ac21 employer I was just doing this while 485 was pending and I was porting to another job after my 485 was approved. I gave him offer letter and company tax returns from the ac21 employer that I hadn't joined yet.



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  • willigetagc
    08-05 08:40 AM
    The said person should have been aware of what he or she was getting into. Blaming your hardship on other people and trying to get mileage out of it is hardly an honest way............would you agree?

    I dont think your proposal is fair. PD belongs to the person whether he is EB2, 3 or 10.

    In fact, if you think about it an EB3-to-EB2 convert would spend more time in the queue than a full EB2 and less than a full EB3.
    But what you are proposing will make a 3-to-2 convert spend more time in the queue than a full EB3.

    You know the GC queue is a dynamic one. You need to look at the total time spent in queue to determine whats fair.




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  • axp817
    03-26 05:20 PM
    What eventually happened to the case.

    The baltimore case I mentioned happened in 2005 which was certified by AAO.

    UN,
    Thanks for sharing your thoughts on this. As always, your time is highly appreciated.

    So I assume in the Baltimore case, the 485 eventually did get approved (or if still pending, the USCIS atleast okayed the switch back to the petitioning employer despite the 140 revocation).

    And yes, I am talking about cases where the 140 was revoked for genuine ability to pay reasons and not so the underlying labor could be substituted for someone else.



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  • chanduv23
    04-12 04:46 PM
    Many/most of us here have worked like crazy dogs most of lives, followed the rules, and played by the book. "Everyone" does not have your cavalier attitude towards truth.


    Working like crazy dogs????? Thats your problem. No one asked you to. if you worked like crazy dogs
    (1) Either your employer enslaved you
    (2) or You did it on your own

    40 hours per week is standard working hours. Anything more than that is generally done at times of need. So if you are constantly working and complaining about that, then thats entirely your fault.




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  • xyzgc
    12-22 03:28 PM
    SunnySurya,
    Weren't you the one who said India should gift kashmir to pakistan to solve all terrorrist activities and war ?

    How come you became a patriot and started caring about india all of a sudden ?

    Do you have any consistent opinion ?

    I think SunnySurya changed his mind. People and their opinions change. Let's ignore what he said in earlier posts.

    Gifting Kashmir will not solve anything. Now they want Kashmir, tomorrow they will want South India. Before long, we may all be converted to islam because Pakistan is an islamic republic not a secular democracy and the country is ruled by military dictators and hardliners.
    Yes, in India, there have been attacks by Hindus on innocent muslims but imagine the plight of Hindus, if it had been a muslim majority and an islamic republic of india!

    There are many good thinkers and hard-working folks in Pakistan but you can never trust the hardliners there and these hardliners seem to be grabbing power in the country all the time.

    Did you know that the original demand for Pakistan 1947 was a long stretch of corridor stretching the north and the south and the east and the west, connecting different muslim dominated pockets together?
    Which meant India was to be divided into 4 quadrants and to get from one quadrant to another, an Indian had to cross Pakistan...it was simply ridiculous!!



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  • mbawa2574
    05-28 08:21 AM
    I think Indian Governernment should report this to WTO. America is creating conditions that are discriminatory and not business friendly. India should start cutting wings of American Companies selling goods in India. IT is our product and in case US people have problems with IT professionals from outside, they don't have any right to sell the goods to my people.




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  • Rolling_Flood
    08-05 09:03 AM
    If you don't like my stand, fair enough.
    Neither you nor anyone else can stop me from taking legal counsel on this issue and going to the courts if i feel this porting thing is illegal in a sense.

    Please refrain from making cheap remarks like the ones you made towards the end of the post. They serve to highlight your issues more than mine. I am content with the EB2 folks who have already PM-ed me and we will, for sure, take this forward.

    Rolling Flood,

    Clearly, you are a NumberUSA person trying to provoke deep rifts amongst a highly skilled workforce that succeeded in getting HR 5882 out there. Your game is up. Look, no one is claiming porting / interfiling is due to 'length of time'. Each application, under each category, is for a DIFFERENT job. Now, obviously, when you gain experience in one job, you become MORE ELIGIBLE for another job, typically at a more senior level. With that, comes a higher income and higher TAXES back to the USA.

    Your perverted logic that people are using interfiling on the premise of 'waiting time in EB3 queues' is a fallacy without legal merit. EB3's that interfile to EB2's have to, LIKE ANYONE ELSE, show the merits of the EB2 application BY ITSELF.

    Now, if you think you can snake in a controversy through a law suit, only to protect your inflated sense of protectionism, keep in mind, that your target is EB2. I presume that you are in EB2 yourself. Be prepared for unintended consequences because USCIS could very well freeze ALL EB2's INCLUDING YOURS! Might seem a far stretch, but realistically, anytime a court sees 'merit' in challenging an established system / process, ALL come under purview. How can your case be assumed to be 'innocent' while everyone else that you are against be 'guilty'?

    There are numerous cases of people going to court seeking 'justice' only to find themselves very quickly standing 'on the other side'... trying to get out of a self inflicted mess.

    Obviously, you have issues that run deeper than discontentment with US legal immigration process. Get yourself some help. Seriously.



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  • just_wait_for_gc
    08-11 11:53 AM
    this moron has failed to realise the unfortunate fact that UK has been(and continues to be) the head quarters for all terrorists. In fact they need to fix their immigration system .
    Anyway I dont give a shit to this freak. My favourite website is no more CNN...




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  • pointlesswait
    01-06 01:28 PM
    violence is a two way sword..

    its not that hamas is doing gandhigiri there.. even though they were elected to rule palestine..those morons instead of providing good governence and hope to their ppl..have resorted to some mindless/aimless bombing of Israel.

    i care that kids are getting killed... but dont you care then when one of ur jihadi blows himself up..and many innocent get killed.
    I support that palestinians be given their right to self rule.. but they should learn to live and let live..

    so you are saying.. u can kill ppl in the name of god..and when someone responds..u squirm like a toad?

    grow up.. kid..


    Why do you want to end this discussion? Are you scared of speaking the truth or you don't care the killing of innocent school kids?



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  • rameshvaid
    07-14 05:23 PM
    EB3-I..please print the attached word doc and sign and mail it to Department of state..this week

    Moderator could you makes this Sticky please

    Could somebody also post the adderess of USCIS please..



    I mailed letter today..

    RV




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  • Macaca
    12-28 07:44 PM
    Why Nobel laureate Obama will not cry for Binayak Sen (http://blogs.timesofindia.indiatimes.com/Main-Street/entry/why-nobel-laureate-obama-will-not-cry-for-binayak-sen) By Shobhan Saxena | Times of India

    Liu Xiaobo is locked up in a dark cell in a notorious Chinese prison whose walls are so thick that even the news of him winning the Nobel Peace Prize hasn�t reached his ears. Liu has been to jail four times. His crime: speaking up against China�s current system. Liu was picked up by the police in June 2009 on "suspicion of inciting subversion of state power," a crime under Article 105 of China's Criminal Law. According to Xinhua, Liu was arrested because he had incited the subversion of �state power and the overturn of the socialist system through methods such as spreading rumours and slander�.

    But Liu's real crime was his participation in drafting �Charter 08�, a letter written by more than 300 Chinese intellectuals who demanded �more freedom of expression, human rights, more democratic elections, for privatizing state enterprises and land and for economic liberalism�. In a country where a Communist party runs the world�s second-biggest capitalist economy, it�s a heinous crime to challenge the state.

    But, let�s look at what�s happening in our own backyard. Dr Binayak Sen, a doctor and human rights activist, has been sent to jail for sedition under Section 124A. According to this notorious law, invented by British imperialists, �Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.�

    The charge against Liu was that he had written �Charter 08�. He has not denied the accusation. The charge against Dr Sen is that he was a courier of letters �for imprisoned Naxal leaders and was sympathetic to their cause�. Dr Sen has been given life sentence.

    Though Liu and Sen are very similar � both are intellectuals fighting for human rights, there is a huge difference in their positions. The day Liu was supposed to receive the Nobel, US President Obama called on China to release him. "Liu Xiaobo is far more deserving of this award than I was," Obama said. "All of us have a responsibility to build a just peace that recognizes the inherent rights and dignity of human beings��

    In recent months, Obama has spoken for protecting the freedom of democracy activists. The list is long: Liu Xiaobo, Aung San Suu Kyi, Dalai Lama and Shireen Abadi of Iran. Himself a Nobel winner, Obama has been using his poetic words to show that he cares for human rights. Surprisingly, on the Binayak Sen issue, he has been totally silent. Forget the US president, even American human rights organization, magazines and bloggers have not raised this issue. Dr Sen may not be a Nobel laureate but he is a well-known figure.

    Why is that the Americans� heart begins to bleed when a Chinese dissident is held, but they keep quiet when after a kangaroo court-style trial India sends a human rights activist to jail. Not that it matters, nor should we worry about the Americans' view interest on our internal affairs, but Obama�s deafening silence on the Binayak Sen�s case says a lot about the world�s oldest democracy and the biggest democracy and the conspiracy of silence between them. Why America loves Liu Xiaobo but ignores Binayak Sen? Why even a slight violation of human rights in Tibet rattles the US but it looks away when systematic torture in Kashmir is brought to light? Why Washington begins to scream if the Iranian police use tear gas on the streets in Tehran but keeps quiet when the Indian security forces kill young boys, rape women and raze entire tribal villages?

    Why the Americans don�t treat Sen at par with Liu?

    The answer lies in their politics. From his writings, Liu comes across as a pro-West intellectual. "Modernization means whole-sale westernization, choosing a human life is choosing Western way of life. Westernization is not a choice of a nation, but a choice for the human race," he once said in an interview. In his articles, Liu has argued that the �free world led by the US fought almost all regimes that trampled on human rights �." Liu has defended US policies in the Israeli�Palestinian conflict and supported George W Bush's war on Iraq. No wonder when Liu got the Nobel, US Secretary of State Hillary Clinton said, "We raise human rights in every meeting that we have between the US and China, and we will continue to do so."

    Clinton comes to India at least 10 times a year, but she never raises the human rights issue. Of course, she cares two hoots if a doctor who has been working among the poor tribals of Chhattisgarh for 30 years lives or die. For the Americans and their MNCs, Chhattisgarh is a goldmine of business opportunities. In recent years, almost all American ambassadors have made trips to Raipur. American MNCs have signed hundreds of MOUs with Chhattisgarh government. The content of these MOUs and the agenda of US ambassadors� visit remain secret. Why?

    Dr Sen�s crime was that he spoke against Salwa Judum, a private militia created by Chhattisgarh government with the objective of forcing the tribals to give their land to mining barons and MNCs. Till a few years ago, Salwa Judum was on a rampage, killing people, raping women and burning down villages. As Salwa Judum�s atrocities became unbearable, Dr Sen exposed their crimes. Dr Sen in his jail on sedition charges because he spoke against the state that kills its own people.

    But, the Americans love Chhattisgarh government as it is making the state safe for profiteering (a coincidence if its sounds like �Making the world safe for democracy� � Hollywood�s favourite punch line). That's why this client state privilege to India. That�s why they are quiet about Dr Sen, who will never get the Nobel because that will force the Americans to speak for him. That will be embarrassing for another Nobel laureate: Barack Husain Obama.



    Verdict against Sen (http://www.thehindu.com/opinion/letters/article995829.ece) Letters | The Hindu
    Call to free India rights activist Binayak Sen (http://www.bbc.co.uk/news/world-south-asia-12084785) BBC
    Dr Binayak Sen: Tribal doctor (http://news.bbc.co.uk/2/hi/south_asia/7397734.stm) BBC
    Jailed rights activist wins award (http://news.bbc.co.uk/2/hi/south_asia/7361046.stm) BBC




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  • thakurrajiv
    03-26 03:35 PM
    So my view is that inflation is a bigger problem that Ben B does not want to tackle in the near future(3-4 months). Well in times of inflation your savings/investment is better in real-estate than anything else. But definitely NOT cash.

    So although we might be near the bottom of real estate market, we can never guesstimate the bottom until it has passed. My advice is, negotiate hard(buyers market) and get into a deal now. As a safety net, you can ask for a long escrow(around 180 days). That way you can backout of the deal if things head south. You've only lost the deposit(subject to arbitration at least in California).

    Someone pointed out that Visa Status is a smaller issue, the big issue is if you can hold onto your investment for atleast 5 years, you are golden.
    -----------
    5 years is too less (you have to hold it for around 10 yrs minimum). 2 years the prices may/will fall. 2 years it would be steady and maybe start increasing slowly after that. so if you buy a house (depends on area ....but broadly) ..a 100K investment in RE (And if we take the best case scenario) after 5 years would be worth 80, 000. if you take inflation in to account.
    in the end it is supply and demand -- supply is huge. where is the demand going to come from ?? immigration is tight and in the fast moving life -- people have fewer and fewer kids. if u want to be safe - cash is good (atleast principal is safe if you get around 4 percent return) ..it is best to have diversified portfolio. many of my friends have put everything in RE and are worried now

    Good points. If I recall correctly baby boomers started retiring 2-3 years ago. With economy going south, I wonder how many of them are in financial trouble. Also, they are growing older and some of them dying. You have to believe this will add to the supply.




    StuckInTheMuck
    08-11 04:40 PM
    hey, this happened right in front of eyes!! I can NEVER EVER forget it!!

    My colleague was getting laid off in a month, so she was trying to find a project elsewhere. She was sitting a few yards away from me when she got a call for an interview. And I saw her coming towards me with a total white face (if there is an expression like this).

    I asked her what happened..

    She said "How can they do that?"
    "This is not good."
    "Don't they know how to talk to a woman?"

    I asked "what happened"

    she said, "might be a prank call, but I'll talk to my employer about it."

    Her next sentence had me rolling over the floor for the next hour.

    She said "After asking some technical questions, they wanted to ask some general ones"
    and he asked "why is a manhole round?"

    She LITERALLY had no meaning for manhole (gutter/sewerage can). And you can imagine her embarassement when I told her!
    While your lady colleague's embarrassment after learning the meaning of "manhole" is understandable, apparently the gender slant of this word was so bothersome that the city of Sacramento had to officially rename it "maintenance hole" in 1990 (thereby retaining the same initials MH on the city's utility maps) :)




    jonty_11
    07-13 11:28 PM
    Great one -

    Yes - if you have enough skills and experience amend your category to EB1, you will get your visa way faster before EB2.
    always kep in mind that its not ur qualification that matters... its the Job Requirement that you have filed LC for?..

    i.e. You could be a rocket scientiest but if the job u work is of a software analyst..etc that DOL classifies as EB3...you are EB3....so u dont just need to change you category (to EB2 or EB1) to refile but need to change your job to one that can classify for EB2 or EB1.



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