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  • truthinspector
    01-02 12:58 PM
    It's about time we accept that we are not a Nation, but a mere labor pool with some 535 odd "Mukadams" at national level and hundreds of "Thekedaars" at state level.


    Here is a recommended motto for our currency(in replacement of "Satyamev Jayate")

    One Side : "Chalta Hain"

    Other Side : "Khao Khujao , Batti Buzao"

    Let's move on ( yes, that's the only option with any breed of politicians that may come to power in India).





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  • shensh
    04-09 10:03 AM
    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.
    Not true. For many software development projects, it really doesn't matter whether the developers are located in US or in India. What they need onshore is project/program managers or IT architects, who they can hire directly via H1-B not via consulting firm. For those H1-Bs the new bill's restrictions will not be a problem.

    If this bill passes, I can see that many US employers start hiring the highly-valued onshore consultants as their employees via H1-B, and let the rest stay in consulting firm either onshore or offshore. It is so-called "insourcing" which is very popular among big firms nowadays. So this bill is going to be bad for H1-B based consulting firms, good for US employers and future H1-B workers (either new or extended). In the short term though, it is not going to help US workers much, because most companies would ship onshore consulting jobs offshore rather than hiring US workers to fill them. However, in the long term it prevents "some" consulting firms (bodyshoppers) from abusing H1-B workers which benefit us all. I expect this bill will also ease the EB retrogression in the future because there will be less H1-Bs waiting in queue especially from India or China.





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  • sledge_hammer
    03-25 01:23 PM
    I thought my contribution paid for the disk space occupied by my very insightful and valuable posts on IV!!!

    Where is my refund?!?!?!

    :D

    Winner, You truly are with this comment....

    On a lighter note, UN and Sledge, we charge you $ for post from now on in this thread...Running out of diskspace.....





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  • RDB
    03-24 03:40 PM
    And because of the huge population (of Indians), that 20% looks like a huge number!

    Isnt that true? If you are in the IT industry for the past 10 years you know it is true.
    We, Indians are the ones who has mastered the art of circumventing the H1B process and screwing up the job market. Fake Resumes, Fake References, not working in the state where you are approved, somebody appearing in the phone interview and somebody else showing up in the Face to Face interview and what not.

    I am not tainting the whole community here, and i am one of you. I agree that atleast 80% of us are Genuine, hardworking candidates. There are few chosen individuals(rest 20%) who did unethical & immoral things for their own good and we are the ones who are paying the price for this whole mess. You can chose to deny this fact and live in a world of denial.



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  • JunRN
    06-06 09:31 PM
    I felt the same way before. I said to myself I wouldn't buy a house until I get my GC. That was until a builder offered me a nice offer. I was renting a two bedroom apartment for $1200 as I have a family with 3 small kids.

    The builder offered me a 2,600 sq. ft., 4 bed-room home at $1450 per month, including taxes and insurance, fixed for 30 years. I guessed that the $250 difference from rent is nothing compared to the benefit of owning a home. The interest part of my first monthly amortization is about $800, $400 go to principal, and $250 go to taxes and insurance.





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  • unitednations
    03-25 12:41 PM
    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.


    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."

    Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.



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  • new_horizon
    01-06 02:49 PM
    Israel is fully justified in responding to the rocket attacks from Gaza. How long can they show restraint by not responding to the unprovoked attacks. Do you think US will remain silent, if Canada were to lob rockets into US. Asbolutely not. Every country has the right to protect itself.
    Hamas is such a coward orgn that they hide behind school, mosque, hospitals to shoot their rockets, so they really are luring israel to bomb those areas. Unfortunately innocents die...the blame should be on hamas. In fact, before bombing Israel even goes to the extent of calling and texting people in the target area to warn them before bombing. which country at war you know does that. Inspite of all these the biased media portrays Israel as the evil one. time to think. if only india shows some courage like that.





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  • StuckInTheMuck
    08-06 12:30 PM
    all until the one going down hits a trampoline and the one going up hits a ceiling. Then they reverse course. The trampoline and ceiling are the visa bulletins:
    Neat :)



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  • Administrator2
    01-08 03:56 PM
    I just copied and pasted the coward Refugee_New's msg to me. I'll be careful about 'quoting others' also!

    Did you consider banning him?


    CreatedToday,

    We have not considered banning you or anyone else. Refugee_New has apologized for sending unfriendly messages.

    We work hard to keep the forums civil, without any use of abusive language. We need your help to achieve this goal before we are successful with the bigger challenges ahead of us in 2009.

    Thank you for your participation in the community effort.

    Administrator2





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  • akhilmahajan
    09-30 02:08 PM
    Any inputs on the Nov Visa Bullietin ? Will the dates move forward substantially ?

    Post this under the VISA Bulletin thread buddy.
    Lets not loose focus of this thread.

    Really appreciate that.

    GO I/WE GO.



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  • gc4me
    08-05 12:24 PM
    I would like to compare Mrs. Rolling_Flood to Lou Dobbs who only initiates controversy and never dares to challenge.
    And now Rolling_Flood is enjoying his forum which is growing exponentially!

    C'mon Mrs. or Miss Rolling_Flood, post you qualification here. (honesty please! :D)

    Originally Posted by gc4me

    Mrs. Rolling_Flood,
    Post you qualification here.
    You can see flood of post from EB3 folks who has superior qualification (education wise as well as experience) compare to you. Either you are out of your mind from rigorous GC fever or a one eyed person with poor imagination or simply you did not get a chance to work in a big environment like fortune 10 or may be fortune 100 companies. Or else you would know how/why/when a company files under EB3 despite the fact that the candidate has more than required qualification for EB2. Position requirement, layoffs, HR policies, Company’s Attorney Firm’s policy etc. comes to picture when a big organization files LC/GC for a candidate.

    I guess you are like me working with a small deshi consulting firm with 3 or 4 consultants (working C2C). They can make almost anyone eligible (on the paper) for EB2.

    Then ask me why I am not EB2? According to my company's attorney, I-140 will be rejected due to the stand of
    company's financials.





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  • a_yaja
    05-15 03:54 PM
    How wonderful that congress is finally introducing constructive bills to prevent 'consultants' mainly (but not only) from India from clogging up the H-1B visa system for honest skilled workers. The H-1B program is clearly intended for people WHO HAVE A SOLID FULL-TIME JOB OFFER AT THE TIME OF FILING THE APPLICATION. The whole body-shopping/visa abuse phenomenon is just disgusting. I wouldn't cry if any and all kinds of 'consultancy' activity were banned from the H-1B program. Someone stated that then they 'might as well lower the cap to 10.000/year'. Obviously not true. This bill clears out the infested issues of people illegally taking up visas on false premises. Good work!

    Part of the title of this thread reads 'even H-1 renewal will be impossible'. That is just priceless. No, H-1B renewal will be impossible IF YOU ARE NOT HERE BASED ON HONEST CIRCUMSTANCES. Anyone with trouble renewing H-1Bs after this bill should get a real job or leave if they are not up to that task.

    I am not sure after reading your post above if you know the meaning of "consulting". To me it looks like you are focused on the narrow group that are labelled as "on-site" consultants. These are people you are hired by one company and perform their activities at a client site. Even among these people, not all have taken up jobs under false pretext.
    First of all - consulting means performing work of temporary nature. It can be temporary due to any number of reasons - regular employee is on medical leave or on maternity leave, job is temp. in nature (an analogy would be that you hire a plumber to fix something in your house and you pay him either on a per-job basis or a per-hour basis) or you do not have expertise in-house to get the job done (the plumber analogy fits here too). Let me give you an example of each one of these.

    Regular Employee is on extended leave
    -------------------------------------
    You are the owner of a company and your office manager is going on maternity leave for 6 months. You call a temp. agency and fill the office manager's position for 6 months. If one were to go by your definition, you would either fire your regular employee and hire a new one or you would hire the second person and fire him/ her when the regular employee is back or you would pay both of them wages

    Job is temp. in nature
    ---------------------
    You are the IT manager in a big company and you have been asked to develop a new software application. To develop this application, you require 5 developers and 2 dbas over a period of 6 months. After the application is developed, you need only 2 developers and 1 dba to maintain the application. If one were to go by your logic, you would fire 3 developers and 1 dba after the application has been developed after 6 months. Or - you would just keep all of them on the payroll and the 3 developers and 1 dba will just be coming to the office and doing nothing. If you are really smart, you will hire 2 developers and 1 dba full time and call a temp. agency to fill the other 4 positions on a temp. basis.

    You do not have the expertise in-house to get the job done
    ----------------------------------------------------------
    You are the President of a large University and as part of local zoning laws, you need to make sure that your Heating, Ventilation and AC system (HVAC) meets the prescribed design and safty regulations. Going by what you just said, you would hire a person to make sure that everything is in order and submit the findings to the local board and then fire the person after the local zoning commision has cleared your university (one would question how you became the University President in the first place - but that is a totally different story). The other thing to do would be to call a certified Engineering company who specialize in this field and get them to do the job.

    If you want to shut down a system because there are some bad apples, then all I can say is that you have a closed mind and you are not willing to think beyond what you see. You would be a classic example of a person whose H1B should not be renewed - if infact you are here on a H1B. If you are not, then I am sure that you will find more support in forums like NumbersUSA.



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  • alisa
    01-03 11:34 PM
    Could you point out the circular logic that I am using?

    But doing circles doesn't make it any less complex...one long post or may be few more (if one had something new to say ) would be any day better than doing circles. Anyways suit yourself if you are getting a kick out of it.

    Thank you.





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  • sanju
    05-17 10:15 AM
    I am not saying everyone else are less skilled that me. Read my posts please. Nor am I saying everyone are less honest than me. I am saying that people applying for an H-1B without having a FULL-TIME JOB from day 1 are DISHONEST.


    I am saying that people applying for an H-1B without having a FULL-TIME JOB from day 1 are DISHONEST.

    Why do I know that you do not work for a consulting company?

    Conventional wisdom says, if someone is not doing what I am doing OR if someone doesn't think the way I think OR if someone doesn't look the way I look then there is something wrong with the other person. So just because you have a full time job, every consultant in the world has done a huge crime by being a CONSULTANT. If it was for you, you would propose a bill that all H-1B folks who were ever being CONSULTANTS should be hanged until death. Maybe we could pass a law to make CONSULTANT synonymous to 'SERIAL KILLER'. How does that sound???



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  • NeverEndingH1
    12-17 04:10 PM
    LOL!

    Since everyone is posting what they want, I guess I can also just post anything here....



    .





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  • gondalguru
    07-08 08:00 PM
    Assuming your husband is here from 2000, they are asking for 7 years, i.e. 12 * 7 = 84 months of paystubs? This is ridiculous. How many people keep paystubs from 7 years ago? Infact in those days paystubs used to have their social security numbers on them, they should be shredded, atleast that's the common advice.

    My pay stub still has SSN.

    Its always good to keep all the paystubs / w2/ tax returns / employment verifications letter / what ever other evidences you have.. especially employment based GC applicants



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  • 485Mbe4001
    09-26 03:50 PM
    For arguments sake :)
    if Barak wins the skies will part, unemployment will disappear, GCs will rain from the sky. Americans will hug Iran and peace will prevail....it is insane arguments like the one below that obamaphiles make, scares me about what will happen when he becomes the president. No legislative experience that is ok for him but not ok for Republican VP choice. Trashy ads from him are ok but no..no from the republicans. not a single major newspaper talks about his dealings with rezko or the 100k allocated to be spent on the garden. No major deatails on a single concrete proposal...reason being that public is not interested in the finer details. In the tank with major unions, look at the promises being made to them...anyways i dont get to vote i can look at all this dispassionately and watch it from far. He has a slick marketing campaing and the media loves him. Either ways my EB is so screwed i dont think either can help us out.
    as you say 'lets take it EZ'

    Here is my Point if we educated legal immigrant community support Barack or John ( though its a virtual support because we are not eligible to vote:))

    If Barack doesn't win this 08 election economy is going to go further down , unemployment rates will spike , DOW will further nose dive , more banks will be bankrupt ( today morning WAMU broke 9/26/08) and there will be NO EMPLOYMENT BASED REFORM in such a Turbulent Job Market Situation.

    Anti Immigrant Groups will scorch the phone lines and will probably gather support from neutral peoples as well and scuttle any EB REFORM if the economy is bad. Their point is Americans are Jobless and you are giving Permanent Job Permit to Foreigners and any one will buy it - how much we SCREAM and SHOUT that we already have a Job, you know !

    Now tell me if you want to support Barack Obama OR John McCain - take it EZ





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  • delax
    07-14 03:28 PM
    I hope not. We dont seem to be open to another point of view. All of a sudden when the shoe is now on the other foot there is a lot of heart burn. Look up the March 2008 visa bulletin.

    EB2 ROW was Current
    EB3 ROW was Jan 1, 2005
    and EB2-India was a big U

    Effectively EB3ROW got preference over EB2-I which was a mistake to negate the category preference. This has been corrected now and I welcome the change.
    Where was all this heart burn at that time. All of a sudden when EB2-I moves ahead I hear voices of 'injustice', fair play and demands for visa number handovers. Sorry aint gonna happen.





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  • Macaca
    05-11 05:28 PM
    The 'Education' Mantra (http://www.realclearpolitics.com/articles/2011/05/10/the_education_mantra_109799.html) By Thomas Sowell | Investor's Business Daily

    One of the sad and dangerous signs of our times is how many people are enthralled by words, without bothering to look at the realities behind those words.

    One of those words that many people seldom look behind is "education." But education can cover anything from courses on nuclear physics to courses on baton twirling.

    Unfortunately, an increasing proportion of American education, whether in the schools or in the colleges and universities, is closer to the baton twirling end of the spectrum than toward the nuclear physics end. Even reputable colleges are increasingly teaching things that students should have learned in high school.

    We don't have a backlog of serious students trying to take serious courses. If you look at the fields in which American students specialize in colleges and universities, those fields are heavily weighted toward the soft end of the spectrum.

    When it comes to postgraduate study in tough fields like math and science, you often find foreign students at American universities receiving more of such degrees than do Americans.

    A recent headline in the Chronicle of Higher Education said: "Master's in English: Will Mow Lawns." It featured a man with that degree who has gone into the landscaping business because there is no great demand for people with Master's degrees in English.

    Too many of the people coming out of even our most prestigious academic institutions graduate with neither the skills to be economically productive nor the intellectual development to make them discerning citizens and voters.

    Students can graduate from some of the most prestigious institutions in the country, without ever learning anything about science, mathematics, economics or anything else that would make them either a productive contributor to the economy or an informed voter who can see through political rhetoric.

    On the contrary, people with such "education" are often more susceptible to demagoguery than the population at large. Nor is this a situation peculiar to America. In countries around the world, people with degrees in soft subjects have been sources of political unrest, instability and even mass violence.

    Nor is this a new phenomenon. A scholarly history of 19th century Prague referred to "the well-educated but underemployed" Czech young men who promoted ethnic polarization there-- a polarization that not only continued, but escalated, in the 20th century to produce bitter tragedies for both Czechs and Germans.

    In other central European countries, between the two World Wars a rising class of newly educated young people bitterly resented having to compete with better qualified Jews in the universities and with Jews already established in business and the professions. Anti-Semitic policies and violence were the result.

    It was much the same story in Asia, where successful minorities like the Chinese in Malaysia were resented by newly educated Malays without either the educational or business skills to compete with them. These Malaysians demanded-- and got-- heavily discriminatory laws and policies against the Chinese.

    Similar situations developed at various times in Nigeria, Romania, Sri Lanka, Hungary and India, among other places.

    Many Third World countries have turned out so many people with diplomas, but without meaningful skills, that "the educated unemployed" became a cliche among people who study such countries. This has not only become a personal problem for those individuals who have been educated, or half-educated, without acquiring any ability to fulfill their rising expectations, it has become a major economic and political problem for these countries.

    Such people have proven to be ideal targets for demagogues promoting polarization and strife. We in the United States are still in the early stages of that process. But you need only visit campuses where whole departments feature soft courses preaching a sense of victimhood and resentment, and see the consequences in racial and ethnic polarization on campus.

    There are too many other soft courses that allow students to spend years in college without becoming educated in any real sense.

    We don't need more government "investment" to produce more of such "education." Lofty words like "investment" should not blind us to the ugly reality of political porkbarrel spending.


    Tiger Mom: Here's how to reshape U.S. education (http://www.usatoday.com/news/opinion/forum/2011-05-10-Reshape-US-education_n.htm) By Amy Chua | USA Today
    The American Idea: An Open Letter To College Graduates (http://www.forbes.com/2011/05/09/american-idea-college-graduates.html) By Carl Schramm | Forbes
    The Myth of American Exceptionalism (http://www.realclearpolitics.com/articles/2011/05/10/taking_exceptionalism_109795.html) By Richard Cohen | Washington Post
    The Role of Economics in an Imperfect World (http://economix.blogs.nytimes.com/2011/05/10/the-role-of-economics-in-an-imperfect-world/) By EDWARD L. GLAESER | New York Times
    Where the Jobs Were Lost (http://economix.blogs.nytimes.com/2011/05/11/where-the-jobs-were-lost/) By CASEY B. MULLIGAN | New York Times
    No, We Are Not a Nation of Hamburger Flippers (http://www.foxbusiness.com/markets/2011/05/09/nation-hamburger-flippers/) By Elizabeth MacDonald | Fox Business
    Multinationals Dump U.S. Workers for Foreign Labor (http://www.thefiscaltimes.com/Columns/2011/05/09/Multinationals-Dump-US-Workers-for-Foreign-Labor.aspx) By JAMES C. COOPER | The Fiscal Times
    California Economy Gets a Jolt From Tech Hiring (http://online.wsj.com/article/SB10001424052748703864204576311373667322428.html) By JIM CARLTON | Wall Street Journal





    waitnwatch
    08-05 09:20 PM
    Can someone note the

    - Best funny post on this thread
    - Best post of the thread
    - Worse post of the thread

    for the 3 awards and I will go through just those 3 posts and close the thread. :D

    I will open the thread once Rollling_flood files the lawsuit:D.

    What do you say?

    Best post and best funny post is the first post I guess! Whoever this person is started a good nice fight for no reason so it is the best post.

    That post is also the funniest post because that person also talked about a lawsuit as if it was the same as buying and returning something at Walmart.

    The worst post - All the rest including all of mine for falling hook line and sinker for this bait.





    seattleGC
    05-16 05:18 PM
    That's called pandering. To unions like IEEE and hispanic vote base. These ppl don't have any interest in America's competitiveness or interests of people at large rather work in the interests of their party and their re-election.

    But I am suprised at the attitudes of some forums members who want to screw the ppl behind us.
    Anyway I agree, we should be worried about delays to i-485 processing if 11 million ppl are added to USCIS queue.


    I know where Senator Durbin stands on illegal immigration issue , he is totally for amnesty/legalization of illegal/undocumented people in the country. According to him its ok if someone is totally undocumented and stays here but its not ok if someone does consulting and documented and pays taxes while working and waiting for the green card to be approved. Isn't it height of hypocrosy?

    Where do people like mbdriver and senthil stand on the issue of legalization/amnesty for illegal/undocumented people in the country? If the legalization were to happen these are the kind of people who complain saying illegal aliens have slowed down our green card petetions. If legalization were to happen processing of every petetion at USCIS will slow down considerably. I will not surprised if 485 takes 4.85 years or 48.5 years or 485 years ...:)

    Which one is a bigger problem 12 to 15 million people totally undocumented or perceived misuse of visa petetions by few bad apples.



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