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  • amulchandra
    04-07 02:39 PM
    There are many big companies that depend completely on consultants for their software projects. Example Sony, Boeing... If this applies to existing H1bs then their projects will suffer a great loss.

    ERP softwares basically are implemented by consulting firms .Then all big companies including Oracle,SAP cannot implement their applications anywhere as they have to hire people on their own to implement.All ERP implementations can be treated as consulting.This is going to be a big mess.

    I don't think this bill is going pass successfully.




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  • morchu
    08-03 02:29 PM
    Not true.
    All it matters is the "intention" to get employed in the offered position & the job duties of the AC21 job you have at the time of adjudicating 485.

    Means.... never joining your original 485 employer ... by it self... wont cause any issue.


    ok now i'm really confused between AC21 and future employment debate....
    AC21 can be used after 6 months of 485 filing to change the job but then once u get GC you have to work for the original company that filed your 485 for few months?? so for e.g. if i change my job after lets say 1 year of 485 filing and lets say my 485 is approved after 3 years so now do i have to quit my new job and go back to my old employer to work for few months to get my gc? am i understanding this correct? i think i'm not... can you please clarify?? thnx




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  • natrajs
    10-01 09:30 AM
    If Obama becomes Prez

    1)Sen. Durbin will play major role in immigration policy which may take us to Stone Age.
    2)CIR is only resolution for the immigration ( Bills like HR 5882 will go away)

    If McCain becomes Prez

    1)Anti �immigrant lobbyist will take center stage and will not allow CIR to pass through
    2)Smaller measures like HR 5882 will have chances to pass through

    This is my opinion and it may differ from others. Its like catch 22, I have very little hope on either of them, more over based on the current economic situation. whoever the prez their focus will be on fixing the economy rather than immigration - my 2 cents




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  • sin94
    03-24 12:17 PM
    face it as long as the economy is tanking this is going to be an ongoing debate. Everything goes thorugh stages of high and low and we are now expereincing the lows of having the h1b's.

    Sledge While your points are valid, remember folks do not choose consulting (nor do students) as a first choice but I have friends who were employed without any issues directly with client companies who in the midst of recession decide to fire everyone. What are you options if your GC is denied because the company declared bankruptcy? How do you justify to yourself staying with the employer when they files you under Eb3 category when you a master's degree holder from one of the 10 best universities in the US? What are the employee choices here, just pack up and leave? leave houses, friends and people you stayed with many years.

    You think they haven't searched for full time positions with other companies only to be turned back? or worse case restart the entire GC process and forgo the 6+ years?

    And the experiences I am relating are from the 2001 recession. I have already seen history repeat itself now but my more fear is that tomorrow USCIS will unfortunately hit the person who followed all the rules After all how is the USCIS knowing which are the good companies and which are bad? These very things are happening and very much can happen to you as well. Do not sit on a high perch and think it will not trickle down to me



    Dude, it does not matter what you're reasoning is for getting into consulting. You do not even need to prove anything to me. Take your justification with you and present it to the guys that are going to approve your GC, NOT me!!!!

    If you are still so hard headed that you do not want to accept realities, what can I say!



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  • GCapplicant
    07-14 09:28 AM
    send the damn letter, nothing happens, and then come back here and vent your frustration again. as you said, buddy, HARD LUCK indeed !!

    I cannot believe the nerve that you EB-3 India guys have. You are begging for a GC based on your length of wait!!! laughable at best...........go wait a decade or so more, then come back here and start this useless BS again.

    one good thing happens for the EB-2 folks, and the EB-3 community cannot stomach it. pure freaking jealousy.

    Who are you?from where did you fall all of a sudden?-your comments are silly-




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  • like_watching_paint_dry
    07-16 10:10 AM
    Don't yell at me. I agree with most of you guys. I am also a masters degree holder from a US university and waiting for my GC and I think the body shops created most of the bad reputations for the h1-bs. Even though some of you say it is a small percentage, I disagree. If we also push for some h1-b reform, may be we can get what we want. Usually a bill develop as a package.

    Some one asked for the name of a body shop. I could provide that if you think there will be some action against them.

    If you go to anti-H1-b sites, They are displaying things like, Advertisements listing H1-b available for a number of US cities. These are ads taken from body shops. The anti-h1-b sites use this as a propaganda. I think it hurts all of us. :D

    If you hold an advanced degree from a good school in the US, then you are usually one of the most sought after professionals in this country. If you think you are not among the best and the brightest and you deserved to end up in a hole like the one you are talking about, the least you still do is keep your self respect and abide by the laws.

    You can definitely help by initiating action against the offending body-shop guy. DOL/CIS have stepped up enforcement and are going after such violators. It is not legal to "bench" an employee and not pay the offered wages or pay below the prevailing wage specified in the Labor Condition Application form filed by your employer. I'm not sure but I've probably read that asking the employee to pay the immigration processing costs is not legal either.

    DOL/CIS has forms for reporting these kind of violators. If you do not do this, that same body shop will do the exact same thing to the next person tomorrow. And that next guy could be your younger brother or sister.

    You can use these forms and file a complaint:

    http://www.dol.gov/esa/forms/whd/WH-4.pdf

    http://www.usdoj.gov/crt/osc/htm/charge.htm



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  • rshirodkar
    10-01 09:25 AM
    Hello folks,

    United States was and is a SHINING BEACON in the whole world. That was the reason that this GREAT COUNTRY attracted so many people from all over the world. People from all walks of like come here because they have a DREAM to make it BIG here. But looking at the state of affairs right now, it does not seem that this country will be the SHINING LIGHT that it used to be.
    I came to this country in 1999. For the last 10 years I have been residing legally, paying taxes. At the end of all this I just dont see things moving. I had lot of opportunities but I could not take them because of my status.
    Looking forward, I would sincerely hope that either of the presidential candidates look at the EB category people as legal residents.
    People are becoming impatient. Many of my friends went back to other countries since they are getting better opportunities. I personally feel that countries like Cananda, Australia with their immigration policies are attracting good quality talent. Also with the Indian and Chinese economy growing at more than 7% -8%, there is growth in those countries.
    I hope the next presidential candidate takes these things in consideration while working on the CIR bill.

    thanks

    Rohit Shirodkar




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  • lfwf
    08-05 03:53 PM
    If that's the law then there is not much of a debate here!

    I think admin should close the thread as the point of a lawsuit is moot.

    Of course porting is derived from law!
    As I was pointing out earlier, this debate has become warperd. The question is about porting with BS+5, not porting per se. I believe the BS+5 came from a legacy INS memo after a lawsuit or something. Perhaps we should ask the question on one of the attorney forums.



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  • srr_2007
    04-07 12:39 AM
    You are wrong, see my post above. Even if you stay at same employer, your H1 wont be extended if you file for extension. If extension fails, its goodbye for employee and loss of employee and revenue for employer.

    EVERYONE LOSES.

    Thanks for the clarification.




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  • inskrish
    01-07 01:41 AM
    Recently during Diwali celebration, one boy fired a rocket and it killed more than six people in Tamil Nadu. Offcourse this rocket was made in Sivakasi and it was an accident. It was a fire cracker. A simple fire cracker can make big accidents like this.

    But whole world is crying that Hamas fired 7000 rockets and killed innocent civilians and Isrealis are defending thier nation by killing thousands. What a crap man.

    If you are comparing the Sivakasi rocket with the Hamas's rocket, I can only sympathize with you. You certainly need to learn a lot--atleast the definition of 'Rocket' or 'Terrorists'.



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  • rajuseattle
    07-14 08:40 PM
    Guys,

    Draft of this letter itself is an invitation for the investigation into Labor certification process for the individual who are suggesting they were qualified as EB-2, but their attorneys or HR reps told them to file under EB-3.

    Entire LC process is certified under the assumption that the employer in good faith has tried to hire US citizen and since he couldnt find a qualified US citizen for a that Job position, the employer is hiring an alien ( foreign national).

    I am not supporting this petition, even though i am a victim of the backlog centres and my labor took 4+ years for approval.

    We should all support IV's initiative for recapturing of wasted VISA numbers from the past years.

    Fighting among indian EB-2 and EB-3 is useless and it defeats the purpose of IV unity.

    IV seniours should immediately intervene in this matter and stop further discussions on this useless petition which doesnt have any legal standings and in itself is an invitation from DoL and USCIS to investigate the individuals who signed the petition and messed up their immigration process.

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

    PD: India EB-3 June 03.
    I-485 filed in Aug 2007 at NSC.

    awaiting I-485 approval...which will be 2-3 yrs down the road, if no relief from US congress.

    Right now enjoying the freedom using EAD.




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  • pitha
    09-26 06:24 PM
    Barack Obama the socialist with his protectionist\restrictionist measures will not create jobs but will destroy the capitalist america. In addition to "creating" jobs by stopping "JOBS BEING SHIPPED OVERSEAS", he will also "create" jobs by kicking you and me out of USA. Lookout for draconian H1b restrictions, points based system, removal of AC21 and amnesty for illegals by obama-kennedy-durbin CIR. Not sure MCcain would do anything for us but one thing for sure he wont be anti to eb folks. Just like Bush who might not have done anything for us but atleast during the july 2007 visa bulletin fiasco his administration (chertof, rice ) atleast reversed the July bulletin after the flower campaign. Durbin-obama would thrown the flowers on our face and kick us out.

    Just Kidding - reading your post i was feeling like I'm reading a comment from Fox News. However i do respect your opinion and thanks for expressing it.

    My Point is more long term - in the shorter term no major change can happen to economy even if Barack wins but eventually Economy would be stronger under Barack's leadership. He also stressed that he would stop "JOBS BEING SHIPPED OVERSEAS" which means companies like TATA or INFY or some Chinese company taking my Job ( or any American's Job ) away from US to INDIA or CHINA. If you are planning a future in US - you would not want your US job taken away by your brother at INDIA or CHINA and Barack will make sure that doesn't happen.

    The Bottonline is he will create tons of Jobs at US , so unemployment will be very low , average peoples will be happy and however loud ANTI-IMMIGRANTS scream and shout no AMERICAN will pay attention. Our EB reforms will Pass much easily and we will be able to able to lead a much happier and content life with GREEN CARD.

    Once again my Point is definitely Long Term - in the shorter duration Barack has to first fix the Mortgage Mess and do something with Iran by taking help from EUROPE.



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  • vghc
    01-07 04:32 PM
    You asked me and i tell you this. This news article was written by well known journalists around the world. His name is Robert Fisk. Just read this to get some understanding.

    Robert Fisk: Why do they hate the West so much, we will ask. This is not published in any Muslim media but one of the well known in Britain called "The Independent". You won't read such things in CNN or Fox or BBC.

    http://www.independent.co.uk/opinion/commentators/fisk/robert-fisk-why-do-they-hate-the-west-so-much-we-will-ask-1230046.html

    I don't like either of that 2 sides, they are just a torn on this earth.
    But you know what, don't expect peace if you use violence to obtain it.
    It'll won't work and never will.




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  • vinabath
    03-25 03:16 PM
    is there a website/magazine where i can get list of foreclosed properties?

    www.realtytrac.com will give you a list. But its $40.month. I heard you can get some stale info.

    Go to biggerpockets.com Its like IV forum. It will give all the info on how to learn, swim and survive in real estate ocean.



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  • desi3933
    08-06 12:43 PM
    Don't worry there is no solid basis for the lawsuit. Only lawsuit that can be filled , if at all, is BS+5 , which is USCIS ineterpretation of Advance degree equivalent.
    Source: A reputed lawyer known to us all on this forum.
    Mode of consultation: E-mail

    Next course of action: Unknown. But folks with US Masters or higher please PM me...

    Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.

    If you would like to read about related case, refer to this pdf
    http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf

    ============================================
    Sec. 204.5 Petitions for employment-based immigrants.

    (k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.

    (1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

    (2) Definitions. As used in this section:

    Advanced degree

    means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.

    ======================================



    ____________________________
    US Permanent Resident since 2002




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  • gc28262
    03-24 12:40 PM
    I have full sympathy for anyone that has not broken any laws including OP and 'leoindiano". If I had the powers to approve green cards, I would give them away to him and his brother!

    The problem here is no one (consulting company/employee) bothered to make sure that a person on H-1B was allowed to do consulting. I'm not sure who dropped the ball - companies, employees, or the immigration lawyers. But someone should have raised a flag when the type of job was really a temp job. Unfortunately that did not happen.

    Now that the damage has been done, and USCIS is coming after such folks, they are upset that it is happening to them. Again, do note that I am not saying the consultants themselves are less skilled than anyone with FT job. I'm just saying that at the time they got into consulting they did not think of the various consequences. Maybe because no one ever thought that working at different locations, benching, temp nature of the jobs were all against H-1B visa rules?

    You get my point?

    sledge_hammer,

    Why don't you define what a "permanent" job is ?
    You think FT job is a permanent job and consulting is a temporary job ? I don't think so.

    There are consultants working for years in a consulting firm. ( Don't bring H1B into the picture) . There are many FT employees being laid off from companies before contractors are let go. Contractors are temporary from a client's perspective not from the sponsoring employer's perspective.

    Try to define a permanent vs temporary job in US without bringing H1B into the picture.



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  • bkarnik
    08-11 01:59 PM
    A man met a beautiful blonde lady and decided he wanted to marry her right away.

    She said, 'But we don't know anything about each other.'

    He said, 'That's all right, we'll learn about each other as we go along.'
    So she consented, they were married, and off they went on a honeymoon at a very nice resort.

    One morning they were lying by the pool, when he got up off of his towel, climbed up to the 10 meter board and did a two and a half tuck, followed by three rotations in the pike position, at which point he straightened out and cut the water like a knife.

    After a few more demonstrations, he came back and lay down on the towel.
    She said, 'That was incredible!'

    He said, 'I used to be an Olympic diving champion. You see, I told you we'd learn more about each other as we went along.'

    So she got up, jumped in the pool and started doing lengths.

    After seventy -five lengths she climbed out of the pool, lay down on her towel, and was hardly out of breath.

    He said, 'That was incredible! Were you an Olympic endurance swimmer?'

    'No,' she said, 'I was a prostitute in Memphis but I worked both sides of the Mississippi .




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  • Macaca
    03-06 09:01 PM
    Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1847c9ee2f82b010VgnVCM10000045f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
    Passing On H-1b Costs to the Employee? Smart Business Practice or DOL Violation? (http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf) by Michael F. Hammond and
    Damaris Del Valle
    H-1B visa -- From Wikipedia (http://en.wikipedia.org/wiki/H1B_visa)
    Questions & Answers from CIS Ombudsman's Teleconference (http://www.dhs.gov/xabout/structure/gc_1175876976479.shtm)
    I-485 Standard Operating Procedure (http://www.ilw.com/seminars/august2002_citation2b.pdf)




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  • Macaca
    12-29 07:36 PM
    Free Trade, Drugs and India
    Attacking the means of funding pharmaceutical breakthroughs is a strange way to pursue global health. (http://online.wsj.com/article/SB10001424052748703581204576033291893219786.html)
    Wall Street Journal Editorial

    This month protesters clad in white coats and "HIV Positive" breadboards gathered outside the EU-India summit in Brussels under a banner that read "Europe! Hands Off Our Medicine." Doctors Without Borders, which leads the "Hands Off" campaign, held similar demonstrations in Delhi, Nairobi, Bangkok and Jakarta.

    Their aim is to derail a free-trade deal that India and Europe have been negotiating for four years. Brussels says it hopes to have an agreement by early next year, and it predicts the pact would boost European investment in India by 27%. The talks have been held up by many of the familiar bugaboos: European agricultural tariffs, Indian levies on alcohol, and a provision that would make it easier for Indians to get temporary work visas in the EU.

    But the issue that most excites activists and dominates Indian headlines is that of intellectual property rights�specifically those of pharmaceutical companies. Today India is the world's leading producer of cheap generic drugs, supplying 80% of the medicines that groups like Doctors Without Borders administer in poor countries. The U.N. estimates that 93% of the anti-retrovirals going to Third World HIV patients were made in India.

    These drugs may be cheap to copy, but they cost billions to develop, and Indian law currently gives regulators broad scope to block drug-patent applications and allow knock-off production. Delhi has denied Indian patents for Novartis's cancer drug Glivec and Gilead's HIV treatment Tenofovir, among others.

    Europe is now gunning for a trade agreement that would ensure a period of exclusive access to pharmaceutical companies' research data. World Trade Organization rules allow India to grant its own drug makers licenses to replicate certain products even without the inventor's consent. But unless copycats can use pharmaceutical companies' original data to show that the drug is safe and effective, they'd have to conduct their own trials.

    So the question is how long data exclusivity would be protected in India under a free-trade deal. EU law protects most pharmaceutical patents for 20 years and secures companies' data exclusivity for 11 years. The EU doesn't expect India to impose European-style intellectual property rights overnight, but it has asked India to meet it part of the way.

    This has led to protests among Western activists that Europe wants to shut down India's generic-drug industry and drive up the price of HIV drugs in Africa. The U.N.'s special rapporteur on the Right to Health, Anand Grover, decided to chime in earlier this month, slamming the free-trade deal and warning that Europe's "demands are only meant to further line the pockets of multinational companies."

    Attacking drug makers' means of funding future breakthroughs seems a strange way to pursue global health. And while Indian officials might think they're doing the home team a favor by keeping it easy to rip off expensive medicines, they're doing nothing to incentivize domestic creators. The next blockbuster drug could well come from an Indian lab. Delhi could make that prospect all the more likely by defending the fruits of everyone's labors on the subcontinent.



    In 2010, Bollywood gets a lesson in math (http://in.reuters.com/article/idINIndia-53822120101228) By Shilpa Jamkhandikar | Reuters
    India Citibank employee 'steals millions of dollars' (http://www.bbc.co.uk/news/world-south-asia-12088085) BBC
    Looking back, looking ahead (http://timesofindia.indiatimes.com/home/opinion/edit-page/Looking-back-looking-ahead/articleshow/7186182.cms) By
    Sudipto Mundle | Times of India




    unitednations
    08-03 01:52 PM
    Hi United Nation,

    If AC21 is so difficult to use what about EAD?? Is all these apply to EAD too??

    -M

    No; it is not hard to use.

    However; the way people use labor substitution, future base employment, labors in fast processing states, going from consulting companies to "permanent jobs"; job descriptions not matching, companies getting ability to pay queries on approved cases; uscis changing their interpretations of laws/regulations, people getting off h-1b after six years.... all of these things add a lot of complexities.




    malaGCPahije
    08-11 09:33 AM
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