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  • cinqsit
    03-24 07:03 PM
    When 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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  • 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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  • krishna.ahd
    01-06 04:10 PM
    Didn't Narendra Modi followed the footstep of Isreali counterparts by killing innocents in Gujarat?

    Its upto Indians to decide which type of leaders we need. Like Gandhi or Modi.
    If you dont know the reality , then

    I had lived in gujarat for 40 years and all these years right from 1965 every year there was communal riots ( sepcially starts on Rath Yatra ) and more Hindu got killed then Muslims , just once the more muslim got killed then Hindu , and you see the whole world come to know about that. Where were every one including you for the last 40 years ??

    BTW - tackle terrorism ( proxy war from Pakistan) we need some one like Modi , the way Isreal hadnling . Isreal IS REAL (hero).





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  • smuggymba
    07-30 08:11 AM
    100 thousand is not for a president to worry about. But 11-12 Million is a different story..

    I emailed Sen Hutchinson from Texas to vote NO for the DREAM Act and I called it "Organized and Controlled" amnesty as illegal kids who will get GCs will be able to sponsor their illegal parents for GC after 4 years.

    All the illegals who have kids in college will get get GC's in 4 yrs after their kids pass college while EB3 has to wait for 20 years. This is a joke. Look at the reply from the Sen below:

    On March 26, 2009, Senator Richard Durbin (D-IL) introduced S. 729, the DREAM Act, which would allow states to offer in-state tuition rates to long-term resident immigrant students. The bill also would allow certain long-term residents who entered the United States as children to have their immigration or residency status adjusted to conditional permanent resident status or permanent resident status. The DREAM Act has been referred to the Senate Committee on the Judiciary, on which I do not serve. Should S. 729 come before the full Senate, you may be certain I will keep your views in mind.



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  • GCapplicant
    09-26 10:02 AM
    For me Obama and Mccain are equally good candidates. I would prefer Hillary Clinton over both of them.

    McCain is a great guy, but he is with the wrong party. A party that aligns itself with anti-immigrants.

    Now that we don't have much hopes for HR-5882, we should start targeting the CIR right now. Maybe we can talk to the Hispanic and other groups which will have an influence over CIR and have our provisions taken care of.

    It will definitely be easier to tie-up with Hispanic caucus and other groups than anti-immigrants.


    I agree with you - mediating with Caucus is the only option.Legal is nothing infront of them.They are the real majority when compared to our %.

    Even if they bring new restriction over EB category - we have already applied and are in our final stage only.It's only the visa numbers.

    The new rules might be for the new applicants ,maximum they might bring in Stem.There is nothing more they can do for us.More restrictions on us is quite impossible.

    Oct 2009 should be in favor to us all.I have to only pray God.We have to just move on with our life.





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  • NKR
    09-30 02:26 PM
    Yes, you are right, the recent 485 denials for people using AC-21 have nothing to do with Obama/Durbin immigtaion policy. But I kind of remember there were some harsh provisions for people using AC 21 in CIR 2007 version. I am trying to find out the details about it.
    Correct me if I am wrong.

    I just do not understand this part, why would they provide something and ask us not to use it. It is like giving you a piece of cake and telling you not to eat it. This whole thing sucks, they are making it harder for people who live by the law of the land.



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  • paskal
    04-09 12:24 PM
    Why do you need to hire other person if Joe is fit f
    or the job though he is not as bright as other H1b person. For example you do not need IIT graduate for QA position. For example If you want a core system software programmer in TCP/IP level or semiconductor R&D you can go brightest in the World. Bill Gates is an exception. 95% of bright people will have degree or more in current world.


    i can only answer from a personal perspective.
    that logic works fine in some jobs and for those, that is exactly how it should be. for jobs that need some analysis/creative thinking etc it makes a huge difference. yell me why you would like to get a degree from the best school/ same degree right?
    i am a physician, if i were recruiting tomorrow (and we are) a million things matter. education, experience, acquired skills, where the applicant worked, what the patient population was etc
    by uscis rules anyone with board certification in our specialty is fine. if we advertise for more...we are breaking the law. if we take the better candidate with more skills...again if he /she has a visa, we breaking the law. pretty restrictive would you not say? understand that the group would gladly gladly hire an american if he fit in with the vision of what we need. but good candidates are scarce. and settling for the not so good bloke seems just not right.
    any way which physician would you choose to go to? these days patients come to us after checking our detailed credentials on the website. They know when they walk in whther i trained at the mayo clinic or abcd community hospital. so yes it matters, to you and to my group.





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  • akred
    04-07 12:22 PM
    Will 115k enough by seeing 133k applications in one day? If 115k is reached we will ask unlimited. So there should be some system to see whether those115k H1b is used properly. Employers should not wait till october and they should get people when they require. If most of the H1b quota is used by bodyshoppers where will top US companies get?

    One possible solution is to establish a separate quotas for companies perfoming R&D in the US. Something like this already exists in the tax code where companies establish eligibility for the R&D tax credit. A similar bar could be used to administer a R&D quota for H1B or GC. That should address concerns around the quota for top US companies.



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  • RaviG
    07-14 08:42 PM
    The way it is working for EB2, it is going to work exactly for EB3.

    If this is the case.
    Given the high number of ROW EB3 it will never help Indian EB3. so spilling some of EB1 over to EB3 doesn't really help Indian EB3. But this letter could hurt Indian EB2. Now there is hope for lot of Indian EB3 to convert to EB2. That could be lost. I am als one of the converts.





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  • vghc
    01-07 02:54 PM
    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?

    Me? Naaa....i just dislike any organized religion. They are the cause of a lot of problem in this world.



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  • gc28262
    12-22 03:08 PM
    See me standing there in the video!
    http://www.dailypioneer.com/DisplayContent.aspx?ContentID=145268&URLName=Indian-Americans-ask-UN-to-declare-Pak-a-terrorist-state
    and
    http://atlasshrugs2000.typepad.com/atlas_shrugs/2008/12/india-free-men.html
    ****
    Indian Americans ask UN to declare Pak a terrorist state


    ************************

    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 ?





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  • vikki76
    04-08 01:48 PM
    New H-1B proposed reform bill is approximately same as it was in year 1999-2000.H-1B was never meant for consulting type of work.So, in 2000, there was a rule passed that in whichever state LCA was cleared,employees could work only in that state.Even in 1999 it was illegal for employers to say that they put their H-1B employers on a "client site".But, people did, on various pretext.H-1B employees were even required to keep their LCA petition with them at work all the time.
    8 years is a long time-many people have forgotten that crackdown.Then in 2002,economy nosedived-and most of the H-1B's went back.Silicon valley was deserted area.Highways all clear,restaurants business closed.Now,since 2004, all the closed businesses are back in operation.
    Some one must have remembered original intention of H-1B,and so re-introduced those provisions.
    If this bill passes- definitely, outsourcing will increase.Not every business will be able to afford $100 per hour programmers.But, again, isn't that good for developing world economy?



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  • xyzgc
    12-27 12:00 AM
    In modern times, wars between nations are not started in days or weeks. Wars are not based on one event. There is a systematic three stage process to go to war and for a nation to convince the majority of the society/nation that the other guy is pure evil and your mortal enemy. Society in Pakistan is based on their haterade towards Indians. For many years children in Pakistan were taught that Indians are evil, their belief system is barbaric, and their existence means that Islam is in danger. That was the reason some of us saw posts on this forum talking about sati system in Hinduism or some others Pakistanis saying that Hindus are attacking Muslims in India, and then other Pakistanis talking about Modi, VHP and Bajrang Dal. The first step for creating a war involves propaganda within the population of the country that your enemy is evil. Pakistan has been doing this preparation very systematically for sometime.

    Second stage to go to war involves finding a reason after the decision has been made to go to war. In this stage, one has to come up with a reason and then waits for the trigger to create the reason to go to war.

    The third and final stage to go to war involves invoking the trigger, which will create a flash point for the war, and so the war begins. Mumabi was that trigger.

    The reason why I am saying this is, because someone wrote on this form "don't be a war monger". You see, we are not creating a war. The war is being forced on us. To defend oneself is not "war mongering". Our willingness to live in peace and harmony should not become our weakness such that someone openly and deliberately attacks the population of our country. I do not hold any false sense of myth of nationalism hosting the flag. But when war is forced upon us, there is no way we can run away from it.

    For a moment, just imagine, what would have happened if Mumbai attacks were done in China as "Beijing attack", or if Pakistani terrorists would have attacked Iran and they were "Tehran attack" or for that matter an attack on any country in Europe or say US. How will any other country China, Iran, UK, US, France, Germany, and score of other, how will these countries respond to the attacks like Mumbai attack? There is only one way to reply to such attacks. Respond swiftly and with full force. Personally, I believe that 30 days is too late to respond. I believe that response has to come before the ashes of the dead is still hot. Otherwise, justice hasn't served, because justice delayed is justice denied.

    If the war begins, this will be my last post.

    Adios



    As usual, well-said, we are not war mongering. we are not hate mongers.
    I have very similar thoughts but I could not have articulated it so well.

    Respond swiftly and finish it off because people like you and me get a chance to react and think too much.

    Too much thinking, weighing too many pros and cons creates confusion. When you are confused, you don't act. When you don't act, a fresh wave of terrorist attacks comes in. Terrorists are everywhere - temples, hotels, buses, trains - even your senate (parliament). Then you catch some terrorists .

    Ok, so you caught the one that attacked your parliament. There is a clear evidence, yet the questions remain.
    Should I hang them or should I not hang them?
    If I hang them, will they be martyrs? So what should I do with them? Should I feed them dal chawal or should I feel them dal roti? Ok, now Mufti's daughter is kidnapped, so should I release them, should I not release them?

    You still keep scratching your head. What should I do? Should I do this or should I do that? Pakistan is a nuclear power. Gilani keeps chanting that like mantra, what if there is nuclear war? What if it destabilizes the country further? why not let Pakistan die its own death - its a failed state (no sir, it may be a failed state but there are managing to get all the aid in the world, China is helping them, America is helping them, IMF is helping them, Asia Bank is helping them..they are not going to die anytime, they are walking away scot-free but they are slowly killing you, eating your house like termites - wake up and realize that!!)

    If you have roaches in your house or you have vermin in your farms, do you keep thinking what you should do about them? Exterminate them. Does it mean the roaches will go away? Probably not. But you do your job first and raise questions later. If they come in, you kill them again. you do your job and keep doing it.

    Just my opinion.





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  • unitednations
    08-02 02:41 PM
    My case is intent-to-hire for 485, so my attorney just took 3 paystubs and 1 w2 for filing. Is that ok?

    It is a common thing that attornies ask for.

    1) it doesn't help in ability to pay for i-140 unless you are working with the company.

    2) it hurts more then helps and you have to be really careful in future base cases by showing current financial information.

    If in your current job; you are making $100,000 but the job offer or labor cert from 140 employer is for $70,000 then it doesn't look reasonable and they will assess your intention of why you would take such a job offer. (note: i saw this in a denial decision; it wasn't primary reason for denial; uscis just pointed it out to sort of say that they know what the person/company is trying to do).



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  • psam
    07-13 05:57 PM
    I have seen these arguments too many times. I have seen STEM vs non-STEM argue over fairness. Maths vs MBA. Now its EB-3 vs EB-2.
    At a high level, we all are for skill based legal immigration. Lets work towards that broader goal.





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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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  • Macaca
    12-23 11:04 AM
    'D' in Democrats means Do-Nothing (http://www.mercurynews.com//ci_7792528?IADID=Search-www.mercurynews.com-www.mercurynews.com) BUSH, REPUBLICANS GET THEIR WAY ON MOST ISSUES DESPITE VOTERS' MANDATE TO CHANGE DIRECTION Mercury News Editorial, 12/23/2007

    When the Democrats won control of Congress a year ago, they promised bold new leadership. Things would change, they said. They had a mandate.

    But they didn't have the votes to stand up to veto threats by Bush and filibusters by Senate Republicans. They didn't have the bold new leadership, either. A year later, Congress is lamer than the lame-duck president.

    On the Democrats' No. 1 issue, the war in Iraq, it's been a year of defeat and surrender. They were going to "bring the troops home." Instead, President Bush sent more troops to Iraq. The "surge," coupled with a new counter-insurgency strategy, has led to a sharp decline in military and civilian deaths. All attempts to link war funding to a withdrawal timetable fizzled. Giving up completely, Congress passed $70 billion in no-strings war funding before the Christmas recess.

    Democratic leaders blame their impotence on Bush's obstinacy. Bush didn't compromise. He didn't have to.

    Democrats talked about limiting the excesses of the Patriot Act, banning cruel CIA interrogation tactics and closing the Guant�namo Bay internment camp. Didn't happen.

    Instead, Congress authorized warrantless surveillance for six months by passing the Protect America Act before the August recess. Democrats were forced to push discussion on making the surveillance rules permanent into January. Bush will likely win this one, too.

    After months of wrangling, Congress approved an omnibus budget bill that gave Bush the spending levels he wanted.

    Promising fiscal discipline, the Democrats vowed to pay for any tax cuts with tax increases elsewhere or spending cuts. That "pay as you go pledge" was put aside to pass a popular bill protecting 23 million middle- and upper-middle-class taxpayers from paying $2,000 extra under the alternative minimum tax. Since the tax was originally designed to prevent the super-rich from using tax shelters, conservative Democrats tried to close tax shelters used by super-rich hedge-fund managers to cover the $50 million revenue loss. They lost.

    Congress made baby steps toward fiscal discipline by trimming "earmarks" for pet projects by 25 percent from 2006, estimates Taxpayers for Common Sense. But legislators OK'd more than $15 billion for more than 11,000 pork-barrel projects.

    President Bush didn't win them all: Social Security reform went nowhere, reauthorization of No Child Left Behind was postponed to 2008 and he couldn't rally enough Republicans to pass a complex and controversial immigration bill.

    But this wasn't supposed to be his year. The triumphant Democrats made big promises a year ago, but delivered modest results. Democrats increased the minimum wage, enacted the Sept. 11 commission's recommendations into law and expanded student loans.

    Most notable was the energy bill, which included the first increase in fuel efficiency standards for cars and light trucks in 32 years.

    However, Democrats dropped plans to repeal tax breaks for oil companies and require more use of alternative energy. Bush insisted. Congress caved.

    On other issues, Congress acted and Bush vetoed. Congress expanded health insurance for children and approved federal funding for stem cell research, but couldn't overcome Bush's "no" vote.

    Stymied repeatedly, Congress saw its approval ratings fall to record lows. When you're less popular than George W. Bush, you're pretty darned unpopular.

    "I don't approve of Congress, because we haven't . . . been effective in ending the war in Iraq," House Speaker Nancy Pelosi of San Francisco told reporters in response to the polls. "And if you asked me in a phone call, as ardent a Democrat as I am, I would disapprove of Congress as well."

    2008 will be a year of partisan politics. No doubt Republicans will run against the do-nothing Congress. That could backfire. Democrats will tell voters that if they want Democratic policies - and most people tell pollsters they do - they need to put a Democrat in the White House in 2008.

    For the next 11 months we can expect more of the same from the lame duck and lamer Congress.





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  • satishku_2000
    05-16 07:08 PM
    Permanent lc for for the future job. Current job is different than future job though they are similar. H1B is for current job.

    But it does not impact much if Skil bill comes. Most of the persons PD will become current and anyone who gets H1b will get GC within 1 or 2 years. So no need for H1b extension. If Skil bill comes with Durbin proposal then most of the negative issues will be resolved by increasing more gcs. Infact substitution elimination also not needed if Skil bill comes as PD will become current always.

    I am talking about people whose permanent labors are approved but they can not get green card for whateever reason. My labor application for future job was applied 3 yeags ago in the past As per my employer job was available 3 years ago and government took its own time to adjudicate the application. Does my last statement sound illogical? Your analysis is same , I mean illogical .

    Who knows what bills congress is going pass and not . I would rather live with status quo rather than things getting worse for me . They dont even let me file for 485 because of per country limits etc...





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  • nojoke
    01-03 04:05 PM
    You are right. And so it is imperative that before that happens, the perpetrators and their handlers are hunted down, exposed and punished, in a credible and transparent manner.
    Pakistanis should want to know who is trying to provoke India, and risking a war in the subcontinent, and why.


    What apology?
    I am not responsible for the actions of those people. Imagine if after 9/11, an American asked you to apologize for the actions of the 19 'Brown men' (I am assuming here that you are a south asian male) who killed 3000 Americans, how silly do you think that situation would be. If cockroaches from my house take a dump in your kitchen, don't ask me to apologize for that.

    If you cannot take actions on these terrorists and keep giving reasons for not handing over the terrorists, you don't have any credibility to give us advice. You don't even feel that your country men are responsible and you ask us to modify our behavior. How about going and doing something to change your country first? Meanwhile we will ponder if war is the only option left, because nothing else seems to be working...

    If I cannot convince you to agree to hand over Dawood Ibrahim, how do you think Pakistan government will be convinced even if the evidence is provided against the culprits? There are always reasons to justify your actions. Even if we succeed to convince your government, it will say ' there is no extradition treaty. So let us talk on signing one first. And BTW, the treaty is signed after the Bombay incident, so we cannot extradite people for past crimes. And we cannot prosecute them because they didn't break pakistan law.' That is why I said 'we cannot wake up people pretending to be sleeping'. If you want to be sincere, start taking the first step. Hand over Ibrahim.





    perm2gc
    08-11 03:52 PM
    Guys

    Is Dobbs a Native American?

    Dobbs Wake Up.. AMERICA IS LAND OF IMMIGRANTS..





    delax
    07-13 08:59 PM
    Can't beleive people can sound so arrogant. That's exactly some of the hispanic politicians unwilling to provide any relief to any employment based immigration. Some people think they are "superior" than others, the so called "smartest", "brightest", "highly skilled". A country like the US needs people from a diverse background. It does not need all the Phds or masters. It needs chefs, agriculture workers, doctors, nurses, business persons, all backgrounds. Can you imagine that this country only consists of Phds? That's why when arguing why EB applicants should be given relieve first and then illegals, we should not sound we are "superior". Rather we should simply state our confidence about the integrity of the legal system.

    As far as the so called "preference", how are you going to catergorize those under EB4, EB5, etc.? The so called "preference" is a myth. Otherwise, the law would only allow a "lower" perference to get a green card until all the "higher" ones get theirs. It is not the case, isn't? Rather it gives a % limit for each category.

    If you find it arrogant then so be it - you are entitled to your opinion - that still does not change the truth - please read the post below. The law is written such that the skill, training and experience requirements of EB2 are clearly superior (to use your word) to EB3. The same is the case between EB1 and EB2 - you seem to be completely blind to the fact that any EB3/EB2 change can almost as easily be applied to EB2/EB1 as well.

    http://immigrationvoice.org/forum/showthread.php?p=262198#post262198
    Pasting the post in the link above:
    At the risk of differing with you and inviting unflattering comments from others, but to benefit a healthy debate, I beg to differ that spill over should go to the most retrogressed at the expense of a difference in skill, training and experience level. As you probably may know, EB2 does require a different and arguably more enhanced skill, traninig and experience level than EB3.

    If you beleive in the principle that in a land of meritocracy the higher skilled should have an easier path to immigrate then EB2 should always get a preference over EB3 regardless of country of birth so long as the ROW demand within the same category has been satisfied.

    Understand, that this definition of EB3 and EB2 is all on paper. I am not saying that all EB2 are 'smarter' than EB3 and vice versa, but the letter/intent of the law is what it is.

    Sounds harsh and heirarchical but is true. Obviously I have a vested interest in a favorable interpretation of the law and I welcome the spill over to EB2-I. This does have a flip side if you are EB3-I, but look at a few bulletins from last year/early this year where EB2-I was unavailable and EB3 still was current and/or had a cut off date for a ROW/retro country.



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