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  • No, they figured out that it is consulting companies that are exploiting loopholes. Tell me what proof you have that ALL consulting companies are complying with H-1B requriements.

    Is benching that happens in consulting legal? Is paying salary according to prevailing wages in Maine and sending the contractor to work in Manhattan legal? Please tell me how these practises by desi consulting firms are legal.

    And you're telling me I am ignorant! You're funny :D

    I am sorry, I am not a very knowledgeable person in immigration matters like many of you, but when it comes to finger pointing, we have to show all consulting companies and why only DESI companies are getting into this discussion. I know friends who worked for IBM & KPMG on H1b travels to all states for short term contracts. What about those biggies? They are also desi firms?

    How did you come to US in the first place? if not thru a consulting company ( I know F1 is another option) either thru big companies like TCS, Wipro or Infy or through desi consulting firms. Pls do not forget the fact that USCIS changed their stand now and saying that it is not legal to work else where other than employer location. If they implement that rule from start then this mess wouldn't happen.

    Now, we are in trouble and so stop finger pointing and give any good advise if you can.

    FYI..I am an FTE and I came to us thru a multinational firm and never worked for a desi consulting cmpny.





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  • Research institutes hiring employees for research are already exempt from H1 quota. So are non-profits and universities.

    What are you talking about?

    I am talking about using a different standard for defining R&D. A standard similar to the one used for determining the R&D tax credit. A whole lot of companies other than pure research institutes are eligible for R&D tax credits. And there appears to be broad support for such a definition of R&D.

    http://www.nam.org/s_nam/sec.asp?CID=514&DID=512
    http://www.ieeeusa.org/policy/positions/researchcredit.html





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  • Restrictionist and proctionist measures have a high probability of passing than anything relatively pro immigration. With or without strive this will pass. If not as a stand alone bill then as rider in any other bills (appropriations budget etc). All those lawmakers who were preaching against adding any immigration related issues as riders to other bills will turn the other way when this draconian measure is added as a rider to other bills.

    Ability to file 485 without priority date is the only measure that will help people already on h1.When the whole discussion regarding ability to file 485 even when priority date is not available was being discussed, people who have already filed 485 and were opposing the 485 measure were saying things like, there is no advantage with EAD, you can keep on extending h1, now see what happenned.

    People who seem to think that this measure will help people on h1 by curtailing consulting companies are being naive. Far from helping us get full time jobs because of non availability of contractors it will speed up outsourcing of the projects overseas. To all those people who are in full time positions (including me) who seem to think this will not affect them because they are in full time non consulting jobs, think again. With current GC processing times running into 7 to 10 years (may be even more), you have to understand that there is no job nor company in US which will guarantee a job for such a long time. Without EAD we are screwed. If you lose the job before getting the EAD then you will have to get a full time job in a non consulting company, chances for getting such a job are very slim (because its not just about getting a full time job alone but getting it as quickly as possible, remember you don�t have the luxury of a couple of months to get a full time job when you are on h1). There is no concrete answer but the general rule of thumb is that if you get a new job within a few weeks (2 to 3 weeks at most) USCIS will usually approve the transfer. Now ask yourself this question if you are laid off what is the probability of getting a new full time job within 2 weeks when on h1. The chances are very slim. To all those people who are saying this new bill might be good for us think about a bad case scenario like what happens if you lose the job, not best case scenarios. It is a lot easier to get a consulting job in 2 weeks than a full time job.

    This bill could go as a rider to STRIVE, there is less chance of STRIVE being passed as it is. So both these things will go hand in hand or nothing will pass.
    before expanding H1B they will have to tight the programe.





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  • Did anybody contradict this caller on the show? Is the recorded show available online?





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  • With Israel on the offensive and so many jihadis getting whacked - don't you think that there'll be a serious shortage of virgins in jihadi heaven :D

    they dont need virgins man....:p





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  • is there a website/magazine where i can get list of foreclosed properties?

    Google will find you plenty but they charge money. I search real estate through ziprealty.com. It's free. It doesn't specifically mark the foreclosed properties. However, there're a few ways you can find if a property is foreclosed:
    Some properties are listed as bank-owned in the description. they're foreclosed.
    Some properties say "pre-approval" required with offer. That's -likely to be (75% of the time) a foreclosed property.
    Banks reduce price of property at a consistent basis (say reduce by 20K in the second week of every month). The website I mentioned has a history of price drop of all properties.
    If a property is offered As-Is, it's likely to be foreclosed.
    If you want to double check, goto the municipalities web-site, most of them have owner's information of all properties on their websites. If the owner is a bank, it's a foreclosed property.
    Look for a combination of the above factors to identify a bank-owned/foreclosed property.





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  • Refugee_New already got the GC. I have read his some previous posts too and after that I doubt his commitment for the IV goals.

    People responding to him please understand, either we can focus on efforts which will help us getting GC faster or we can continue to discuss this topic.





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  • Dude, you are one confused person.........whats the point here??
    EB-3 India is somehow "special" and all you whiners in EB-3 India should get your GCs before EB-2 folks becuase blah blah blah........WHAT???

    are you insane?? you make no sense in your argument.

    Numbers fall as EB1--> EB2 --> EB3.

    Dont like it, go get an education and/or an EB-2 level job. Else shut up. You have nothing to say.

    Duoo�de chillout, why are you shutting at me? I don�t have any beef with you. I am just making my point here. which is, each EB group gets equal quota of 33.33%. And there in no preference or priority given how many visas are issued in the annual quota. The preference is only in the spillover.

    Coming to my case, I have Bachelors in Engineering and Masters in Computer scinces form US. My company�s HR and Attorney then in 2002 decided and filed my case in EB3 even though I and my Job qualify for EB2 ( I was not working for desi company when I filed my CG, I still work with the same company) my PD is June 2002. I am happy and comfortable in the company, they pay well. Not having CG did not any stop my growth here. I Have no complaints for my situation and I am not blaming any one for my plight and the choices I have made and I stand by with them.

    See I am to close to getting my GC so me changing to another company to change to EB2 when everything is working great for me is not a good idea.

    Friend Rolling_Flood you take it easy now, no need to get exited.





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  • I just got several red dots for expressing my opinions...





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  • You would be even more surprised if you look at the LCA and the salary they pay. Its surprising how they can get away with it. But then they are cap exempt, so that says something.

    I think it is mainly for graduate students who are researchers or professors right?

    I know my brother went this route and the graduate students/post doctorate students don't get paid much. I thought that was changing though.





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  • He is such nut job that he is not worth talking about.





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  • You have no arguments that make sense. You are arguing that doing something illegal is a great thing to do. Not so. And yes, I do support the bill as it will weed out some fraudsters from amongst us, who give the H-1B program a very bad rep.

    The problem is not that it will "weed out some fraudsters from amongst us", the problem is that it will also force deserving people to leave, people waiting in line for 6 or more years in green card line. No one is arguing that "something illegal is a great thing to do" but the argument is, it is justified to implicate and screw-up someone who has done nothing wrong. Durbin-Grassley bill says that it intends to stop abuse and it goes ahead to screw-up everybody. Do you think that everybody here waiting for employment based green card is "illegal"???





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  • I wonder if big names like Mircrosoft and others are aware of this. I am sure they will have a huge loss if this bill went through. May be it is time Bill Gates dropped his gloves and fight for us too.





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  • hpandey,

    Excellent points!

    Hirala/puddonhead,

    You guys are still going by popular news article and media hype. You fail to understand the ground reality. I bought my house last year in a great school district. I used to pay $1,250 rent for a single bedroom condo of 800 sq ft. I could have as well flushed that money down the toilet. My house now is 1600 sq ft living area + completed basement + garage + deck, all for $2,500 (mortgage + insurance + tax). I'm in the 30% tax bracket and I know I'll get a huge tax benefit. My quality of life has been great with the addition of space in my dwelling.

    I'll have to reiterate - do not generalize your opinions. What's happening in Detriot is NOT happening everywhere!

    EDIT: The rent in my area for my home is of course not $2,500 but between $1,800 to $1,900. After tax deduction I'll be paying the same amount (or a tiny bit more) as a renter. If my home apprecites, I gain, if it doesn't, I DON'T lose anything. But I were a renter, my loss is guaranteed!

    Thank you Mr. Hiralal for your condensending post . Your trying to explain it slowly will not make your argument strong.

    I am not trying to justify my homeownership to you or anyone else here. I am just presenting the real facts that apply to my case. I did not buy a house to get rich neither would I become rich if I rented.

    I bought a house only a few months back and not in the real estate bubble time. I have paid a good price for it and my mortage is the same as my rent . The house has four times the area of the apartment I used to rent and is in a very very good area . So why should I go on renting.

    Anyway my primary reason to buy was for my 2 year old who ( and my family ) need more space to live rather than a cramped two bedroom apartment. I don't know about you but I have spent 9 years in this country . GC is no where in sight. Waiting for GC and wasting valuable years of your life living in a rented accomodation don't make sense to me when you can get a nice big house for your family at a very good price and low mortgage .

    Maybe you believe all these media articles but these are written for a broad view.

    Everyone is unique and every situation is unique. There are a lot of places in US where the prices did not fall that much and there are some place where they are in fact rising now .

    Mortgage rates are low now as are the home prices after correction but what about mortgage rates two years from now ? I can't predict if the home prices will go down or not since that depends on the location but I can say this for sure that mortgage rates will go up .

    Homeowners like me don't have our heads stuck in the sand as you say - I spent a good two years 2007 and 2008 making calulations , waiting for the right time and finding a good valued house at a good mortgage rate.

    We are not as stupid as you think.

    Thank you .





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  • A man was on the water for his weekly fishing trip. He began his day with an 8-pound trout on the first cast and a 7-pounder on the second

    On the third cast he had just caught his first ever trout over 10 pounds when his cell phone rang.

    It was a doctor notifying him that his wife had just been in a terrible accident and was in critical condition and in the ICU. The man told the doctor to inform his wife where he was and that he'd be there as soon as possible. As he hung up he realized he was leaving what was shaping up to be his best day ever on the water.

    He decided to get in a couple of more casts before heading to the hospital. He ended up fishing the re! st of the morning, finishing his trip with a stringer like he'd never seen, with 3 trout over 10 pounds.

    He was jubilant .

    Then he remembered his wife. Feeling guilty, he dashed to the hospital.
    H e saw the doctor in the corridor and asked about his wife's condition.

    The doctor glared at him and shouted, "You went ahead and finished your fishing trip didn't you! I hope you're proud of yourself! While you were out for the past four hours enjoying yourself on the pond, your wife has been languishing in the ICU! It's just as well you went ahead and finished, because it will be more than likely the last fishing trip you ever take!"

    "For the rest of her life she will require 'round the clock care. And you'll be her care giver forever!"

    The man was feeling so guilty he broke ! down and sobbed.

    The doctor then chuckled and said, "I'm just messing with you. She's dead. What'd you catch?"





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  • Thanks UN. Gosh!! this thread is an autopsy of current affairs in EB immigration. Very good going, with what is now a misleading title.

    Do they have any filtering mechanism for lot of these fake future employer GC apps through sister/subsidiary or pay for GC companies. We have had few people come on these forums before or after approval of GC asking what happens if they never work for the sponsoring company.

    I personally know someone who got a GC in 2002 without ever working(not for sponsoring employer or even for some other company) and since never worked in the field they got GC. I bet that involved a lot of faking but slipped through every test.

    You see on all these ac21 issues we rely on uscis memos. Every one of these memos state pending change to the regulations; we are going to follow the principles of this memo.

    it has been 8 years and they still haven't changed the regulations. Memos can be changed at their whim at any time.

    Currently; uscis position is that if someone ports to another company; they are not supposed to check the ability to pay criteria. However; they left themselvees an out that theey can check the genuineness of the ac21 employer. Becasuse of this last statement; what they have been doing is asking for ac21 employer tax returuns, and quarterly wage reports. If you are already on payroll then size of company doesn't matter. However; if you are not on payrroll and it is a very small company then they can challnge it.

    btw; I am not epecting quota to finish early this year. Many companies/lawyers are very frustrated with h-1b right now. I was talking to education evaluator and he told me that there is litteally no business right now. Companies I know of how filed 70 cases last year are not filing any this year due to a combination of issues (iowa issue, lack of approvals and great demand for tansfers by thos who were laid off or had theirr h-1b's cancelled.

    Right now; newer companies who don't have much experience with h-1b are going into the lions den without knowing there is a lion in there.





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  • What do you about how I came to the country!? I came here to take a full-time job with an American employer. I get paid above minimum wage and had a solid offer for the job BEFORE the company submitted the H-1B application.

    I do realize a lot of people will be out of a 'job' (or off the bench, depending on how you look at it) with the elimination of body shopping. But guess what -- they shouldn't even be here in the first place if they don't have full-time jobs. As said before, they clog up an otherwise great visa program.

    I'll give you the reason they are concerned --- the visas for the coming fiscal year emptied out IN ONE DAY, obviously indicating the H-1B program is infected with abuse beyond anyone's expectations. They are out to put and end to that charade.

    I don't know what the deal is with India, but apparently more than 40% of all H-1B applications come from India based companies, for 'employees' from India. For this reason congress recently got in contact with the biggest of these companies for an explanation. Hopefully these actions will pave the way for more legit visas for the rest of us. Now don't get me wrong -- I have absolutely nothing against people from India. In fact I have really good impressions with people from India in general. But I (and congress) expect them to obey the law like everybody else.

    mbdriver

    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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  • My employer back in 2001 and 2002 did not pay me in a consistent way..I was paid once in every three months during the time I was in bench. I have the W2 returns from those two years which shows average income of only 29K. However I had valid visa status and h1b approval from my employer as well as employment verification letter from them. Now i am with a new employer since 2003 and do not have any problems with them and get paid regularly. After reading manub's post I am also worried if my I485 will be denied whenever I apply for it... or is there somethings I can take care of before? It is not my fault that the employer did not pay me consistently - right?

    There are some serious issues here.

    You got 29k salary for 2 years and still maintain that you had valid status for these 2 years.

    I suggest you consult a good attorney.

    ______________________________
    Not a legal advice.





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  • 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.





    Here is my case details

    In US from Feb 2000 - till date
    PD :Aug 2002
    I140 approved on Aug 2004 (no rfe)
    I485 rcpt :sep 2005 pending for approval...

    worked with Company A and 2002,2003 w2's are way too low 9k and 25k. Went to home country for vacation 3 times on 2004, 2005.
    my 2000,2001, 2004,2005,2006 till looks okie.. I dont have any other overstay or other issue.

    Applied I485 on
    2005. I guess my attorney filed my 2003 w2 with my i485 petion.
    I chaged from company A to company B on 2005

    Will im in trouble? UN or somebody can please help?


    You should be ok. don't know why your attorney would have proactively send in the 2003 w2 when it hurts more then it helps. Looks like you were one of the unlucky few who didn't get approval in early july.





    It is not going down everywhere...I am in a location where people are buying houses like mad and the prices are actually better than last year.

    And yet, some people in my location are thinking about nothing but resale. They are not able to see a home as anything other than an investment and I am referring to such people in my earlier post.

    Where do you live? Give it time...



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