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Monday, July 4, 2011
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cinqsit03-24 07:03 PMWhen I first started to get to know consulatants and staffing companies; I thought that this whole bribe system; creating positions at end clients; how consultants got selected, etc., was a big racket.
However; when I did introspection of how things worked in my industry; I pretty much concluded that it was done in same way but at much, much higher levels.
USCIS is just keeping it pretty simple these days; show us that there is a job with an end client that requires a degree. They pretty much know that it is impossible. Even if you can get one; they pick on it pretty good and still deny it.
The system was actually designed for staffing companies when you think about it. When h-1b was first created; no one would have used it if it wasn't for staffing companies. Typical US companies wouldn't have the network to get foreign employees unless they were already here. To get them from a foreign country then the only companies who can really do so are the staffing companies.
The main reason that I can't get behind lifting of the country quota is exactly this reason. You have a lot of companies run by the same nationality who will only recruit their own people. The staffing companies don't advertise in Indonesia, Germany, Brazil, etc. They only go after their own people. The whole monopolization of visas was used to prevent this type of behaviour.
I always thought that there are people from around the world who want to come here but can't because they are not part of the "system". You can see this in the greencard lottery. Almost 9 million people apploy to get here through this. If they had their own country people looking to get them here then there would be a more equal distribution of visas.
I think people need to step back and think that this is one of the reasons why they have country quotas. No matter what people think that they re being hired for their skills and that employers don't care about their nationality; people need to understand that a "system" has been designed that is benefitting a few nationalities. Once you can get here then you can find your way. However, if you can't get here then you can't find your way.
Its rather ironic that system created for staffing companies was misused so rampantly that they are the ones bearing the brunt of this onslaught.
So according to your experience are they are always denying applications even when the employee is able to furnish a contract with the end client ? This is indeed surprising and alarming. I am just worried this can spill in to everything that USCIS adjudicates.
on the other hand how do you put an end to this misuse ?
Should'nt they establish a set of guidelines for the employers and employees? So both are aware what they are up against. Looks like its pretty arbritary right now and USCIS indeed playing the "hand of god"
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NKR08-05 08:28 AMWhat i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).
"Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.
If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.
I hope i have made my point clear? Thanks.
I am EB2 and I do not support this idea. Just imagine, someone could have applied in EB3 though he was qualified for EB2 because he was ill advised by his lawyers or employers. Why should he be punished TWICE for no fault of his?.
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mirage08-06 09:19 AMI'm impressed, How about posting your resume here. So everybody can clap on your achievements....
Pappu,
As usual, if the EB3 (i.e. majority) folks here do not like a subject, it gets banned. If something is unpopular, it gets swept under the carpet.
Go ahead and close the thread, it's in your nature. Plus i already know which members to contact to make this go forward. I said before and i will say it again, i was NOT looking for monetary contributions.
I was just reading all the posts which i did not get to read since morning when i left for work.
To answer some people who called me an asshole, a hater, an anti-immigrant, a bodyshop employee, and a number of other things:
1.) I graduated from one of the IITs in India, came to pursue my Masters in the same field in the 4th ranked university (for that field) in the US.
2.) Finished my Masters in 1.5 years and got 2 jobs through on-campus placements (one in my field, one not).
3.) Took the job that pertained to my field of study, been here ever since, company is the number 2 company in its area, and is a US establishment.
4.) I never paid a dime for my H1-B or my GC processing till date, it was all paid by the company.
5.) My company is very strict regarding the letter of the law, and so my GC processing was by the rule book, each and every detail (no fake resumes here).
6.) I get paid the same (actually about 2% more) compared to a US citizen at the same level/position in my organization.
7.) I have exactly the same medical/vacation/retirement benefits as a US citizen.
I did not get a chance to read my PMs but will do that shortly after supper. Yes, i am EB2, but a VALID one. I hope, in moments of clarity, people who are shouting and abusing can see that.
Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.
You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.
Thanks for your attention (or the lack thereof).
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rsdang08-12 11:24 AMHOTEL KERALA-FONIA
On the road to Trivandrum
Coconut oil in my hair
Warm smell of avial
Rising up through the air
Up ahead in the distance
I saw a bright pink tube-light
My tummy rumbled, I felt weak and thin
I had to stop for a bite
There he stood in the doorway
Flicked his mundu in style
And I was thinking to myself
I don't like the look of his sinister smile
Then he lit up a petromax
Muttering "No power today"
More Mallus down the corridor
I thought I heard them say <<
Welcome to the Hotel Kerala-fonia
Such a lousy place,
Such a lousy place (background)
Such a sad disgrace,
Plenty of bugs at the Hotel Kerala-fonia
Any time of year
Any time of year (background)
It's infested here
It's infested here
His finger's stuck up his nostril
He's got a big, thick mustache
He makes an ugly, ugly noise
But that's just his laugh
Buxom girls clad in pavada
Eating banana chips
Some roll their eyes, and
Some roll their hips
I said to the manager
My room's full of mice
He said,
Don't worry, saar,I sending you
meen karri, brandy and ice
And still those voices were crying from far away
Wake you up in the middle of the night
Just to hear them pray
Save us from the Hotel Kerala-fonia
Such a lousy place,
Such a lousy place (background)
Such a sad disgrace
Trying to live at the Hotel Kerala-fonia
It is no surprise
It is no surprise (background)
That it swarms with flies
The blind man was pouring
Stale sambar on rice
And he said
We are all just actors here
In Silk Smitha-disguise
And in the dining chamber
We gathered for the feast
We stab it with our steely knives
But we just can't cut that beef
Last thing I remember
I was writhing on the floor
That cockroach in my appam-stew was the culprit,
I am sure
Relax, said the watchman
This enema will make you well
And his friends laughed as they held me down
God's Own Country? Oh, Hell!
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thakurrajiv04-06 09:12 AM:eek:
I have been reading this thread with a lot of interest and could not hold back from commenting on the unbridled optimism many of you guys are showing towards the housing market, which reminds me of the "long tailed" euphoria that followed long after the NASDAQ had crashed over 50% in 2001 after the tech bubble, and people kept wishing it would come back long after it became clear to most cynical observers that it would take decades to achieve the same levels as before (and it hasn't yet)...
Housing has not yet bottomed. It still has a long way to go. You guys may think that the foreclosures related to subprime resets have subsided so the market may recover. You haven't seen anything yet. Consider:
http://www.irvinehousingblog.com/wp-content/uploads/2007/04/loan-matrix.jpg
and:
http://www.irvinehousingblog.com/wp-content/uploads/2007/04/adjustable-rate-mortgage-reset-schedule.jpg
Option ARMs (adjustable rate mortgages) and Alt-A ARMs are the next two shoes to drop. In case you've had your head buried in the sand, the economy is on verge of a collapse. Unemployment is soaring and many more companies are considering layoffs. Many economic observers are opining that we are already in recession.
Desi junta, and others, I entreat you readers to please consider this seriously in your house purchase decisions. If for some reason you need to sell and move out, at a minimum you will be saving some money (by not losing your downpayment, for example) by choosing to rent. Rent a house/townhouse from a private owner if you are tired of renting an apartment and have growing kids - it's a "renters market" in the private rental marketplace right now with so many investment properties purchased during the housing bubble available for rent.
I would like to offer up a few blogs, whose commentators should be taken seriously. I recommend you read and bookmark the following blogs if you want to follow the housing market and the economy:
http://calculatedrisk.blogspot.com/
http://www.irvinehousingblog.com/
http://housingpanic.blogspot.com/
http://globaleconomicanalysis.blogspot.com/
I like this website for people just starting out to get more financially educated (in an entertaining way):
http://www.minyanville.com/
Good luck and please be careful before 'taking the plunge!'
very good post jung.lee. As you said lay offs have not even started !! Recent 80000 job loss data came in. This is givt data which is a lot worse than expected. Imagine the real job losses !!
For me this is beginning of end !! Things will get real now. House prices will come in line with what people can afford .....
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sanju05-17 10:21 AMBehave like a high skilled person. Do not use bad words just because someone is against your opinion. Again if you use everything is appilcable to you. That means you are losing track and you do not have valid argument. You do not have sense that this thread is not for discussion for gc. This thread is about the H1b issue and Durbin bill. This my last reply for you. I will ignore you hereafter if you behave like this. I wasted my time for replying you. So you also do not reply my arguments.
Whow! Whow! Whow! Why didn’t I see this coming? So now it is ok to support bills that will screw-up lives of millions of hard working people and their families, who have done thing wrong. But it is not ok to reply people like yourself. Ohh! I did not realize that. I am so so so so sorry to hurt you…. Idiot
You are the winner of today’s trophy to be the worst person in the world.
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gapala06-07 04:39 PMThe 10 to 12% down south estimate might be true on the average. However, from where I stand now, in my county not just my zip code, house prices started to go up by 0.8% since January. It might still go down as I see fluctuations but I feel that it's stabilizing already.
But only time can tell, right? All I'm doing right now is to satisfy myself that I made a right decision. Should I find out that it's a mistake, I should be truthful to myself that I did. There's no reason to lie to my ownself. JunRN, My comments are not about your individual situation but rather a broader analysis. Individual cases may be different based on location preference and affordability and other social factors.
Historically, during the summer time, home prices will marginally increase as many people are expected to or will go around to buy homes. If you look at any listing which shows the historic prices such as trulia.. you will see that Builders are resorting to same tactics.. 20000 increase... some time around mid May 2009.... It will continue for couple of months.. but will not sustain in this situation. During the end of Fall into winter, it is going to come down and by Mid 2010.. based on popular economic forecast the prices will floor.
Think about this, Every one knows that Home prices cannot go up in the midst of job losses and recession....unless there is Inflation, in which case, House prices will be the last thing to rise.. after all the consumer goods and services start to peak.. The media in this country is messing around with people's head with their opinion playing it over and over again as if they got it all figured out... to drive people to make stupid decisions and take up huge financial commitments..
Lot of builders are already filing for bankruptcy and banks who lent them, end up owning the properties... What do they do with all those houses if no one can afford to buy them? .. they wreck the new houses... Yes.. This is going to be another round of collapse comming our way unless.. they reform immigration policies to allow more educated folks who can buy those homes..... I should say its happening... Let me give you an example..
No Sale: Bank Wrecks New Houses
A Texas bank is about done demolishing 16 new and partially built houses acquired in Southern California through foreclosure, figuring it was better to knock them down than to try selling them in the depressed housing market. Guaranty Bank of Austin is wrecking the structures to provide a "safe environment" for neighbors of the abandoned housing tract in Victorville, a high-desert city about 85 miles northeast of Los Angeles, a bank spokesman said.
Victorville city officials said the bank told them the cost of finishing the development would exceed what they could sell the homes for. The bank also faced escalating city fines as vandals and squatters took over the sprawling housing project, leaving behind graffiti and drug paraphernalia, city officials said. "It's unfortunate," said George Duran, the city's code-enforcement manager. "We would have hoped for these houses to be finished. But it's up to the owner to see what is best for them." Home prices in San Bernardino County, where Victorville is located, have fallen 60% from the housing peak in 2006, according to DataQuick, a research firm. The median new-home price in Victorville is $265,990, according to Hanley Wood Market Intelligence, a housing-research firm. Homes in the Victorville development were priced at a range of $280,00 to $350,000 in early 2008, according to Hanley Wood.
Demolishing vacant houses in economically troubled, inner-city neighborhoods is common. But the demolitions in Victorville show how the housing market is weighing on lenders even in once-booming suburbs. The houses were built by a California developer less than two years ago, according to city records. Guaranty Bank has significant exposure to construction loans to home builders. Last month, its parent company, Guaranty Financial Group, was issued a "cease and desist" order by the federal Office of Thrift Supervision, citing the firm's "unsafe and unsound banking practices."
Many lenders, like Guaranty, have been foreclosing on home builders whose projects have gone bust. Regulators told Guaranty to come up with a plan to dispose of its foreclosed properties. But finding buyers is difficult, as home values remain under pressure. ... read the full story here.. http://online.wsj.com/article/SB124148169574985359.html
I believe after the correction, 2010 is going to be a better year for deals on homes..
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ArkBird05-01 01:42 PMBy the way what is the actual status of this bill?
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trueguy07-13 03:04 AMSorry .. I don't understand ... You are complaining to DOS for USCIS and DOL discrepancies ? They don't care ..different departments really..
Had they cared July fiasco wouldn't have happened...
This is the first time, EB3-I is speaking up. Please don't stop us.
DOS and USCIS both are tied together. I think we should send this letter to both DOS and USCIS and request them to distribute spillover numbers equally between EB3 and EB2 category or similar.
Thanks
hair 8) Hey Nick, check the Admin. the Alabama Crimson Tide
baala908-06 10:43 AMOkay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?
Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?
In that case A will be eligible only for a EB3 based on the Job requirement.( Since eligibility is based on the Job requirement and not the person's qualification)
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nojoke04-14 03:18 PMI cannot agree more. I have been trying to drill this into some peoples brain but they are so adamant on renting and has made this thread into a rent vs buy argument. I finally gave up. I am not saying that this is the right time to buy. Fast forward 2 or 2+ years, lets assume the market is good. Then when it comes to rent vs buy I advocate buying a house.
Let�s say you have a small kid and you are living in an apartment, after 10 years you save enough money to buy a big house and you then eventually you buy it. Then you ask the your kid �do you like the house?�. He will reply �it�s very nice dad, but can you give you give my childhood now?.�. Go figure out guys. If you are not planning on going back for a very long time then at-least get a life in the country you reside and when the housing market is good.
Where do you get the idea that the child will loose the life in apartments and then get back after buying a house?:confused: It would be nice if we can buy the house on the day one when we join the job. Or even nicer if our parents got us a house in US before we came here:D. Unfortunately there are circumstances that prevent us buying a house. The biggest one is this bubble and the madness of multiple bidding that insanely pushed the real estate prices, all the while the realtors and mortgage brokers where making 300K or 500K yearly income selling shoe boxes for half a million and generating slogans like "you will be priced out forever", "they are not manufacturing any more land", "housing is always a good investment", "renting is throwing away money".
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njboy04-08 08:14 PMgenuine firms like microsoft are unable to hire h1b people because ..guess what? all the h1 quota is over..here in new jersey, I was approached multiple times by people who said if I get anyone to file an h1 in their company, and if the h1 came through..I would get 1000 U.S.D. I asked them..what should be their qualification, they said..dont worry about qualification, they'd give a free course for QC tester and place them. So I wont be surprised if big fortune 500 companies are also behind this bill.
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riva200504-06 09:06 PMyou need to touch the bottom of barrel to go on another direction, this will be the bottom of the barrel I suppose
these protectionist will realize as many H1B dependent companies virtual outsource all there jobs
well in all seriousness I don't think this bill will be passed in senate,
This bill may not be introduced in its current form anywhere.
But I am sure they are going to use this bill to pull sections out of it and introduce it as amendments. Both sponsors of this bill are Judiciary committee. That makes it possible for them to put amendments not just on the floor, but also in the committee. If they think whole bill will not pass as a single amendment, they will put small pieces of it so that it can pass the roll-call one piece at a time.
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satishku_200008-02 07:10 PMRe-file 140 or file an appeal on the 140.
Filing the appeal; you will be able to extend the h-1b.
Thanks UN for your comments , any comments for the situation mentioned in this thread
http://immigrationvoice.org/forum/showthread.php?t=11819
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Macaca12-27 06:59 PMIndia chasing a U.N. chimera (http://www.thehindu.com/opinion/op-ed/article995760.ece) By K. S. DAKSHINA MURTHY | The Hindu
In recent years it has become standard practice for the Indian media to ask visiting foreign dignitaries where they stand on New Delhi's claim to a permanent seat in the UNSC. If the answers are in the affirmative, there are smiles all round and the glow is then transmitted to readers or viewers as the case may be.
Among the Permanent Five in the Council, the United Kingdom has long affirmed support, so have France and Russia. China has remained non-committal. So the United States' stand was deemed crucial. When President Barack Obama, during his recent visit, backed India for a permanent seat, the joy was palpable. The media went to town as if it were just a matter of time before India joined the select group of the World's almighty. The happiness lasted a few days until the first tranche of WikiLeaks punctured the mood somewhat.
The revelation of U.S. Secretary of State Hillary Clinton's classified whisper, describing India as a self-appointed front-runner exposed Washington's innermost thoughts on the subject. Though the embarrassing leak was subsequently sought to be played down, it opened the curtain to a larger truth which is that the U.S. and the other four have never really been interested in real reforms to the Security Council.
Public pronouncements, positive affirmations and slap-on-the-back relationships don't necessarily translate into action on the ground.
Reforms
Jakob Silas Lund of the Centre for U.N. Reform Education states a few individuals within the process believe that some of the Permanent Five countries “are more than happy to see reform moving at near-zero-velocity speed”.
The reforms are open to interpretation. Broadly, they mean democratisation of the Security Council to make it representative and in tune with the contemporary world. This, for some, means more permanent members. The Group of four — India, Brazil, Japan and Germany — has been the most vocal in demanding it be included.
What is surprising, especially where India is concerned, is the hope and optimism that it is heading towards a permanent seat. In reality, a committee set up by the United Nations 17 years ago to go into reforms shows little signs of progress.
The first meeting was held in 1994 of the U.N. group, a mouthful, called the “Open-Ended Working Group on the Question of Equitable Representation and Increase in the Membership of the Security Council and Other Matters Related to the Security Council”. Until now, this group has completed four rounds of negotiations, just on preliminaries.
A brief peek into the past will make it clear that the addition of more veto-wielding permanent members to the Council is a veritable pipe dream. For any amendment to the U.N. charter, two-thirds of the General Assembly needs to acquiesce. This may be possible but the next requirement, that of ratification by the Permanent Five, is the real obstacle.
Since the formation of the United Nations in 1945, there have been only a handful of meetings of the Security Council to discuss the original charter, and even that, merely to discuss minor amendments. One of some significance came about in 1965 when the membership of temporary, non-veto powered countries in the Council was increased from six to 10 and the number of votes required to pass any decision increased to nine from seven.
As academic and U.N. commentator Thomas G. Weiss wrote in the Washington Quarterly, “Most governments rhetorically support the mindless call for equity, specifically by increasing membership and eliminating the veto. Yet, no progress has been made on these numerical or procedural changes because absolutely no consensus exists about the exact shape of the Security Council or the elimination of the veto.”
The argument for a bigger, more representative Council is undoubtedly valid but the issue is who will implement it and how.
U.S. is the prime mover
In today's global equation the U.S. is the acknowledged prime mover. It has already had to sweat it out to convince the other four members to go with it on several issues, like the sanctions against Iran. If more countries are allowed to join the Council the difficulties for U.S. interests are obvious, even if those included are vetted for their closeness to Washington.
Real and effective reforms should have meant democratisation of the Security Council to reflect the aspirations of all its members. Ideally, this should mean removal of permanency and the veto power to be replaced with a rotating membership for all countries, where each one big or small, powerful or weak gets to sit for a fixed term in the hallowed seats of the Council. This is unthinkable within the existing framework of the United Nations. At the heart of the issue is the reluctance of the Permanent Five to give up the prized veto power.
The situation is paradoxical given that democracy is being touted, pushed and inflicted by the U.S. across the world. But democracy seems to end where the Security Council begins. The rest of the world has no choice but to bow to its decisions. The consequences for defying the Council can be terrifying as was experienced by Saddam Hussein's Iraq through the 1990's. Iran is now on the receiving end for its defiance on the nuclear issue.
Not just that, the credibility of the Security Council itself took a beating over its inability to prevent the U.S. invasion of Iraq in 2003. Having failed to convince France, Russia and China to vote for invading Iraq, the U.S. went alone. The Council was reduced to a bystander. It failed to fulfil its primary task, that of ensuring security — to Iraq.
What this also implies is that Council or no Council, in today's unipolar world, the U.S. will go with what it decides and no one can stop it. This has been the case particularly since the end of the Cold War. “With a U.S. global presence as great as that of any empire in history, Security Council efforts to control U.S. actions are beginning to resemble the Roman Senate's efforts to control the emperor,” writes Weiss.
Instead of trying to clamber onto a patently unfair arrangement it would have made more sense if the four self-appointed front-runners along with the rest of the world had demanded a more equitable and representative Council.
To achieve this, academic and U.N. expert Erik Voeten suggests pressure tactics to counter veto power. One tactic is for countries en bloc to ignore the decisions taken in the Security Council. Another is for Germany and Japan, which are among the largest contributors to the United Nations, to turn off the tap.
Despite this, if nothing happens, countries may have no choice but to look for, or at least threaten to float, an alternative U.N.-like organisation whose structure would be more in tandem with the contemporary world. Idealistic, perhaps. But this should force the Permanent Five to sit up and take real notice.
K.S. Dakshina Murthy was formerly Editor of Al Jazeera based in Doha, Qatar
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easygoer01-08 12:28 PMRayyan,
You are a highly skilled person. Think objectively:
1. This thread is not immigration related. It is a non-immigration thread that admins allow just as a communication platform among people and has nothing to do with IV.
2. People can have their opinions. You really can't stop. It becomes objectionable when it is personal. Then, you report as Abusive link and moderators will take actions. I have reported couple of abusive language posts in past and action was taken in very short time.
3. Please don't mix issues. Your efforts for enlightening people about immigration issues are appreciated. You should not leave because couple of threads are running that you don't like.
My 2 cents to you, to bfadlia and everyone.
My requests to all "Please end this discussion immediately". This is hurting our own people. There are no bad religion and good religion. We have seen over the time period whenever any relgion allowed their religion heads to dominate politics and day to day life (including Hindu, Christian in the past), they have created havoc. Every religion experienced this in the past. Please repect other's religion feeling and stop it. Let's concentrate on our main issue of immigration all together.
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axp81703-25 01:59 PMIf he indeed was affiliated with the USCIS, I would want to hear his take on this even more. We are trying to understand what can and cannot be done in terms of self employment while on AOS and who better to answer this, than a USCIS representative.
No one is trying to break the rules, just trying to understand what the rules are so they aren't unknowingly broken.
And I know you were just joking, tee hee.
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senthil105-16 12:15 AMLaw is giving them to right for their unfair practice. So congress is trying to fix the law. Most of them may be abiding law but using unfair practice which affects many people. So there is nothing wrong in fixing the law. Actually they should have applied H1b whenever they need. But they applied H1b for 1 or 2 years so that they will find a job later whereas companies which are having immediate requirement could not find H1b. Is this right practice though 100% legal
The deal with india is its home to billion people on the planet. Most of these companies recruit from India for same reason why Walmart gets most of its products from China. Free markets and Globalization is not a one way street. If american companies are so good and so caring they dont outsource , they outsource to further their bottomlines. If American companies dont want to outsource all these consulting companies will go out of business overnight.
As far as your comments about employees from India .. most of these companies are listed in NASDAQ and NYSE (INFY, SAY, WIT).. At least some americans are share holders/owners of these companies. Dont be surprised to know the fact that some americans are on the boards of these companies .Let me make one thing clear, I am not a big fan of these companies , Infact I used work for of these companies and I have first hand experience how these companies treat their employees.
If any one violates any law he or she should be brought to justice. I am not quite sure what laws these companies have violated. In this country any one is innocent till proven guilty.
I totally understand your frustration with your VISA situation and hope and pray that you win VISA in the "lottery" .
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krishna.ahd02-13 09:43 AMPlease use this thread for education on the effect of lobbying on legislation. Thanks.
First of all, Why We need Lobbying
Check this out
http://www.independentsector.org/programs/gr/10ReasonstoLobby.pdf
Steps involved in Lobbying
http://www.policylink.org/AdvocatingForChange/Lobbying/Legislators.html
jayleno08-05 02:44 PMGuys,
Please stop this sick discussion. Do not allow this kind of divisive tactics to work on us.
nk200609-30 03:38 PMBeacuse somehow USCIS is not looking into AC21 documentation also most of the time you don't even know that your AC21 letter has been places in your file or not, on the other hand when an employer send out the revocation request it seems to reached USCIS and they deny the 485 with out calculating that its been 180 days since 485 is pending and also suppose a company filed 100 485 caes in July 2007 out of those 20 has changed the Job using Ac21, now the company is filing for 20 news GCs and in the I140 stage recievs rfe for Ability to Pay, the company will have to prove the A2Pay for 120 people as oppose to only 100 ( 80 old + 20 new) , so the lawyers must be suggesting to tell USCIS that the 20 people are not on our list and we should not be asked to prove Ability to PAY for these and hence the revocation and a 485 deniel. The only issue here is that USCIS acts quickly on I140 revocation cases becuase it reduces on case from the workload and they don't bother to calculate when was 180 days done for the poor guy.
does this make sense, I will like to know what other people think about it.
I think you are right - as soon as they see I140 revocation they are doing the easiest thing, that is to reject underlying I485. They can easily check the 180 days period; alternately they can actually issue NoticeOfIntenttoDeny (NOID) and give a chance to the candidate why I485 should not be rejected - this is also equally easy for them to do (just send a letter and give a 45 day or something similar time). I think they are simply rejecting so it reduces the total pending I485 cases. It might be possible for us to open MTR and resolve this but if working on EAD we will be in soup and also MTR's typically take longer to get resolved.