Tuesday, July 12, 2011

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  • gc28262
    03-24 03:03 PM
    Again, I am not the one you should be asking to define "full-time" and "temp" type jobs. Ask USCIS or DOL or whoever is going to adjudicate your green card.

    I am simply saying that if USCIS has made a distinction between perm job and temp job, AND if they feel that consulting job is of temp type, someone along the line has dropped the ball and missed this. They also missed the fact that the employee needs to work at the LCA specified location. They also missed (or circumvented) that benching is not allowed.

    You can blame anyone and everyone for it. Maybe the immigration attorneys were the ones that should have warned both the employers and employees that consulting jobs do not fit the H-1B requirement. Maybe USCIS was sleeping all the while and suddenly they decided to start enforcing this. But the fact that they can ALL-OF-A-SUDDEN claim that H-1B visa is for permanent jobs only, AND that employees need to stay in the LCA location means that our lawyers, employers, and employees were incompetent in their judgment and did not do their due diligence to protect against potential audits and queries.
    I am telling you the same thing I told the other guy .... you don't need to give me justifications.

    Just hope that USCIS will buy your story!

    All your assumptions about H1B is only for full time jobs is flawed. USCIS has not said that. There is no law that says that.

    BTW why do you think LCA requirements are meant only for consulting companies ? It is applicable to all H1B candidates. That has been the law for a long time. Nothing new here for you to be happy about.

    Your posts are driven by your ignorance than any legal base. You need to educate yourself in immigration perspective.

    Why USCIS audits are focused on consulting companies ?
    It is not because consulting is not allowed on H1B. It is because they figured out that H1B violation are more prominent among small companies.





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  • hiralal
    06-23 11:30 PM
    good point by suavesundeep...the problem for many desis / Immigrants is that they fall prey to all the marketing gimmicks and tricks by realtors (for e.g ..renting is throwing money away ..in reality it is not because of the flexibility esp for those on visa and the fact that you get a place to live at affordable price ..plus you can invest the remainder and get higher returns )..also, many lose sight of the fact that land is precious and pricey in India and the reason for that is the huge demand from young population and relative boom in economy ..while in US, supply is HUGE and demand is low ..here is an example ..people (and mostly desis) in Atlanta keep on saying that Atlanta is not affected, the prices never increased much, no bubble etc ..but see this small report and you will understand that supply is huge. 40 years supply !!!
    -----------
    ATLANTA -- A one-mile stretch of Atlanta's upscale Buckhead neighborhood shows why commercial real estate is emerging as an obstacle to pulling the U.S. economy out of recession.

    Separate developers in Buckhead are building four speculative office buildings at the same time with virtually no leasing activity. The 35 recent condominium projects will help give Atlanta a 40-year supply at the current sales pace. A $600 million outdoor shopping mall under way has suspended construction to save money.

    The glut threatens to worsen the clobbering that many U.S. banks already are getting from nonperforming loans made to owners and developers





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  • hate_me
    12-30 01:45 PM
    Are you joking????? When was Pakistan stable, that India could destablize it??? A country whose creation itself was based on greed and lies, has just given military coups one after another, because of greed, its politicians, army chief's never gave a chance for Pakistan to stabilize. Hate and terrorism is propagated in all madarasa's, for once just consider all the conflicts and issues between India and Pakistan are solved, do think Pakistan will be stable then, not at all because shite and sunni will start killing each other and destabilize Pakistan. So open your eyes and accept the truth, pakistan was never peaceful since its creation, pakistan is and will remain a problematic country, because its creation is based on greed and hatred. Funny though how pakistan percieves things, previuosly it was trying to call terrorism as freedom fight and now terrorists itself as non-state actors, oh yeah and the famous musharaf's so called democracy. Pakistan is en route to self destruction, sooner pakistani's understand it, the better.

    The Pakistani security establishment believes, and there is probably some truth in it, that India is already supporting groups that are trying to destabilize Pakistan. And because of that, they view India as an existential threat to Pakistan, and justify their own activities.

    Its quite a vicious circle.....





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  • dohko
    04-09 01:46 PM
    You're right excellent idea. 50% won't really affect Microsoft, Oracle, IBM
    because they actually hire Americans.


    Chill out pal, don't exaggerate how much people value academic degrees in real business world. Holding a Ms or PhD degree alone doesn't necessarily mean you're an asset to this country, nor to a particular employer. I have Ms degree from US institution and I don't think it matters much to my employer, everything is based on performance.

    I agree that H1-B visa should be granted to people who fill a real business need, not those who are unfortunately treated as unlimited supply for body-shoppers making their fortune selling hours of H1-Bs. In this perspective, the idea of restricting companies with 50+% H1-Bs is brilliant. I wouldn't worry about management consulting firms like BCG or McKinsey, I bet they don't have half of their consultants under H1-b. :-)



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  • gcisadawg
    01-07 04:39 PM
    Yes Nanavati commission found Madresa in Godhra was responsible!

    Congress Spokesman on Nanavati Commission

    “We are not surprised at all the findings. It cannot be called a bonafide investigation. The way the committee was set up, its tenure was extended, large numbers of witness, deposed expressed their disappointment it creates ample doubts on its findings,” said Shingvi.

    BJP Spokesman on U.C Banerjee Commission.

    “It has now been proved that the truth has come out. Banerjee had rushed to its findings without taking into account other facts. It was ill-prepared and ill-conceived. UPA has even tried to prove that the burning of Sabarmati coaches were indeed an act of mass self-immolation by the karsevaks. Lalu Prasad yadav had also tried to prove it as accidental.”

    “However, these findings has vindicated that it was not accidental. We now request any further proceedings should now be taken taking Nanavati Commission’s findings into account,” said Prakash Javedkar.


    Meanwhile, The Supreme Court on Tuesday granted time till December 31 to the R K Raghavan Committee to complete the probe into the Godhra train burning incident.

    http://www.rediff.com/news/2008/aug/26godhra.htm

    The bottom line: We have all kinds of report. Nobody knows which is closer to the truth. What would a common man do?





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  • needhelp!
    09-29 11:21 AM
    And oh.. we already bought a house in 2002 (had never imagined that my status would still be "temporary" after 9 years of doing the right thing)



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  • Macaca
    12-27 06:34 PM
    Scamsters dictionary (http://timesofindia.indiatimes.com/home/opinion/edit-page/Scamsters-dictionary/articleshow/7173788.cms) By Dilip Bobb | Times of India

    Between Raja and Radia, the tapes and the taps, the Tata and the Chandra-Seeker, it's become terribly confusing trying to figure out who has done what and when and to whom. It's almost like one of those kids' birthday party games where you try and pin the tail on the donkey while blindfolded. Competitive politics has made it tougher to figure out head from tail.

    The reason everyone is totally confused is because the totals are so mind-boggling: Rs 1.39 trillion is the figure being bandied about and anybody who had that kind of financial spectrum would be giggling hysterically all the way to the nearest bank in Liechtenstein.

    It may have been a steep earning curve for someone but it has also been a steep learning curve for the rest of us, trying to figure out all those arcane acronyms being bandied about. Try asking Congress members what the 2G controversy is all about, and they will look quite blank. They have been conditioned to believe that 2G is short for the two Gandhis, Sonia and Rahul, and any other combination is beyond their comprehension. Mention 3G and the plot thickens with Priyanka added to the mix, even though she's now a Vadra. In Congress circles, however, a Gandhi is a Gandhi, and will smell just as sweet (with due apologies to Shakespeare).

    Back to the learning curve and the acronyms that everyone's so concerned about. Here's the first lesson in the Scamsters Dictionary. 2G led to CAG which in turn led to CBI which took it to DoT. Then the trail led to TRAI which, in turn, has led to all sorts of connections to the DMK in Chennai and elsewhere, made a sharp U-turn, and moved back to DIAL. And now we have the ED getting involved, trying to ensure that the PMLA has not been violated. Finally, we are still trying to get to the bottom of how VCCPL carried so much clout in such a short time. That, we're told by the opposition, can only happen if there is a JPC.

    So far, the investigative bandwidth is spanning the entire spectrum, from NGOs to chartered accountants, priests and editors, friends and family. Everything is relative. It seems to be like the 2G licence which has something called UAS or Unlimited Access Services. Now we all know who had unlimited access to whom, and the raids on Radia have even given us a new phrase to include in the Scamsters Dictionary, "Economic Terrorist", as contributed by Praful Patel who has been stung by his name popping up in the tapes. It's become a mad race to clear your name ASAP.

    For the uninitiated, the Scamsters Dictionary starts with DoT, or the Department of Telecommunications, which deals with anything to do with communications, from phones to faxes and everything in between. Then, we have TRAI, or Telecom Regulatory Authority of India, a supposedly independent body. Next is VCCPL, the company owned by Radia, which a very independent entity, aka TRAI's former boss, joined after leaving TRAI, raising eyebrows but also VCCPL's bottom line.

    We have another employee who had connections to DIAL, or Delhi International Airport Ltd, but so far he is not named in CAG which, by the way, is yet another independent body, the Comptroller and Auditor General of India, the one that originally set the feline among the pigeons. We now come to GAG, which is the type of order issued by the CHC, or Congress High Command, to its spokesmen and women. Meanwhile, the CWC, or Congress Working Committee, is working overtime to ensure its ties with the DMK don't go AWOL.

    Finally, between the CBI and the Enforcement Directorate (ED) we hope to untangle some very tangled wires and cross connections. In fact, in all the confusion, the Scamsters Dictionary will be incomplete without one more acronym: QED.



    What we need is really techno technology (http://blogs.timesofindia.indiatimes.com/jugglebandhi/entry/what-we-need-is-really-techno-technology) By Jug Suraiya | Times of India





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  • NKR
    08-05 08:38 AM
    Why did they not take the employer to court? Why make the EB2 line suffer for these employer's faults?

    If an employer wrongly files your case under EB3 instead of EB2 or EB1, then the onus is on you to challenge them and take them to court if need be.

    And start the GC process all over again?. well isn't there an easy option of converting to EB2?. :)



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  • eb2dec2005
    08-22 11:57 AM
    Little Johny's first day in pre-school, the teacher gave a little test. She asked the kids to close their eyes and stick the tongue out. She then put honey drops and asked them to guess what it is. When no one was able to, the teacher decided to give a hint.

    "children, its how your mom calls your dad.. well, most of the time anyways"

    On hearing this, Little Johny screamed, "SPIT IT OUT GUYS... ITS A** HOLE"


    I really cracked up reading this joke. :)





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  • abcdgc
    12-27 01:08 AM
    Indian government recently shared with Saudi the evidence of Pakistan government direct involvement in Mumbai attacks. This evidence has not been made public because Indian public wanting to go to war from raise from 80% to 100%. It will be impossible for the government not respond to the war started by Pakistan.

    Just like Kargil, this is now an old trick. Pakistan used soilders from its army to attack Kargil and later claimed that those people were not from Pakistan. Its like a joke that rain falling from the sky is not coming from the clouds. Mushraff played this trick in Kargil and got rid of Shraif. Kayanai is using Mushraff's play book and wants to get rid of Zardari. US wants to think that Zardari is democratically elected government. The problem is he has no power. Kayanai is calling the shots and he wants to be the President. But for Kayani to become President, there is no reason for India to be at the receiving end. Attackers have come from Pakistan. Pakistan has to pay the price.



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  • logiclife
    04-07 12:30 AM
    Guys,

    There is going to be no difference whether you

    1. Renew your H1 at the same company by filing an extension,
    2. Transfer your H1 to another company by filing a transfer or
    3. File a brand-new cap-subject H1 for someone who has never been on H1.

    ALL OF THE 3 WILL BE AFFECTED.

    For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).

    The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.

    But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.

    So take this seriously and do not underestimate this.

    And if you work perm-fulltime it will indirectly affect you. Projects are not done in isolation. Most projects have a mix of full-time employees and consultants who are sourced from vendors and H1B recruitors. Projects falter and fail when abruptly some consultants go back to their home countries because their H1s couldnt get extended. And that affects everyone. Job security depends on success of IT or other projects and if you are a part of failed project that was lost half way due to lack of skilled employees, then your job security also diminishes. If you are laid off, then the H1 transfer to a new company would be subject to the new rules under this law.





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  • Rolling_Flood
    08-05 07:28 AM
    red, green, blue, pink............whatever the color may be!!

    I just need to hear honest replies from EB2 filers. If you are afraid to speak up, please send me a message and we can work this behind the scenes.

    Thanks again.



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  • satishku_2000
    05-16 06:30 PM
    It is very simple -- the 'consulting on the bench' business is ILLEGAL. You can have any opinion on it you wan't, but the bottom line is it is against the law. If you can't meet the legal requirements, you shouldn't be here in the first place.

    And what do you think about the skilled and HONEST people in this world, finding a job and having an H-1B petition submitted on their behalf, only to see all the H-1Bs go in a single day due to the consultants? My sympathy goes to these people instead of any 'consultant'.

    It is amazing that people don't seem to grasp the concept of something being ILLEGAL, and instead seem to rely on some self-perceived logic as to what they can and can't do. Let us focus on the illegal clogging of the system and restore it to the otherwise great visa program it was meant to be.

    What are the SKILLS that are so unique to you in the world? What makes you think everyone is less HONEST and less SKILLED than you are?

    I have seen in many cases why companies wants consultants is because consultants are much more skilled than their regular employees and companies are willing to pay a premium for consulting services.





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  • unitednations
    08-02 12:29 PM
    245(i)/245(K) covers only upto 180 days(6 months) of out of status , the possible OOS issues are
    1.Overstay of I-94 card's date
    2.Unauthorized employment
    3.Staying without payslips (with some exceptions like Maternity,paternity,sick)

    http://www.murthy.com/adjsta.html click here for more info.

    USCIS will issue RFE/NOID and ask for explaination OR deny I-485 , I am wondering where this $1000 concept came from?? Correct me if I am wrong

    245k and 245i are two different things.

    245i was sort of an amnesty. If person overstay their i-94 cards for any length of time they can still adjust status to lawful permanent resident as long as they pay the $1,000 penalty.

    Main criteria of 245i is that you had to have an immigrant petition (i-130) or a labor cert filed on behalf of you before April 30, 2001. If you meet this criteria then overstaying or being out of status doesn't matter. However; even if you were eligible for 245i and you had overstayed by more then six months and you left the country then you wouldn't be allowed back in and if they somehow allowed you back in; you wouldn't be able to adjust status because the 3/10 year bars kick in.



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  • panky72
    08-08 10:39 PM
    HERE COMES THE BEST JOKE OF THIS THREAD

    I got a RED dot for this post.

    Comment - "Racist Joke".

    I also got a red dot for my joke:confused:. Never used any foul language. Comment left was "This type of "blonde jokes" or "sardar jokes" etc are not really suited for a skilled immigrant community forum." I don't understand why do people give Red dots even for jokes. The title of the theread is Ligthen Up.





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  • chintu25
    08-08 06:54 PM
    Boss: Where were you born ?

    Santa: Oye Punjab.



    Boss: Which part?

    Santa: Oye, Kya which part? Whole body born in Punjab.



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  • unitednations
    03-24 04:08 PM
    Your posts are arguably best on this forum. I have religiously read all your posts and will do in future. Your posts always make sense. I just wish we could get more insight and perspective from you. Great work. Keep them coming.

    What are your thoughts on h1bs/GC sponsored by universities. Do you forsee any problems with them? Also any insight on long time it takes for visa stamping?


    No problems with Universities. I was surprised to see how many h-1b's are actually held by universities.





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  • reedandbamboo
    06-07 04:03 PM
    Investment strategies of any kind - options, stocks, etfs failed miserably in the past couple of years. I dont think that argument stands well to justify against buying a house.



    I have not opined as to the relative merits/demerits of house-buying .. all I did was mention that it is possible to attain those kinds of returns in alternative "investments" (in response to Jun's statement that he/she wasn't sure if 5% returns per annum were available anywhere).





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  • alisa
    04-07 03:52 PM
    Thats a very good question.

    I think we should call Senators Durbin and Grassley and ask them why they want to hurt American businesses (that provide employment to millions of Americans) by stifling and increasing the cost of innovation, and losing American trained/American educated employees to India/China?

    And so, why do they want to hurt American workers by encouraging outsourcing?


    The deeper question is why are Senator Durbin and Senator Grassley pushing so hard for outsourcing, which will be the final outcome of this bill. If American companies can't hire local H1-Bs they will go somewhere else. I am going to call their office after the Easter break and ask for their response.





    chanduv23
    03-26 04:35 PM
    I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.

    However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.

    There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.

    From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.

    UN - As you are also a beneficiary of AC21 - what is your take on wrongful denials of 485 for AC21 cases that need to be resolved by MTR? Is it a training issue?





    Legal
    08-05 06:00 PM
    In a poor zoo of India, a lion was frustrated as he was offered not more than 1 kg meat a day. The lion thought its prayers were answered when one US Zoo Manager visited the zoo and requested the zoo management to shift the lion to the US Zoo.

    The lion was so happy and started thinking of a central A/c environment, a goat or two every day and a US Green Card also.

    On its first day after arrival, the lion was offered a big bag, sealed very nicely for breakfast. The lion opened it quickly but was shocked to see that it contained few bananas. Then the lion thought that may be they cared too much for him as they were worried about his stomach as he had recently shifted from India.

    The next day the same thing happened. On the third day again the same food bag of bananas was delivered.

    The lion was so furious, it stopped the delivery boy and blasted at him, 'Don't you know I am the lion... king of the Jungle..., what's wrong with your management?, what nonsense is this? Why are you delivering bananas to me?'

    The delivery boy politely said, 'Sir, I know you are the king of the jungle but ..did you know that you have been brought here on a monkey's visa!!!

    Moral: Better to be a Lion in India than a Monkey elsewhere!!!



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