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  • a_yaja
    05-16 09:46 AM
    I do grasp the concept of consultancy, thanks. You know as well as I that we are not dealing with a 'narrow group' of people misusing the current H-1B system to enter the United States as 'consultants'. The concept of consultancy businesses is great. Most of the consultant companies in the U.S. in general are well respected companies. They can even be great companies when H-1B status employees are involved. That is, WHEN THE H-1B VISA HOLDERS ARE EMPLOYED FULL-TIME, RECEIVING A FULL PAYCHECK FOR A JOB THEY APPLIED FOR WITH THE COMPANY BEFORE FILING THE H-1B APPLICATION. If a consultancy firm is not able to do that, they shouldn't plan on hiring people on H-1Bs. Likewise, people shouldn't (mis-)use H-1Bs as a means of access to the U.S. using body shops, resulting in multiple law violations such as bench time and accepting below average wages.

    In your examples you suggest that I say consultancy in general is not a good thing. Of course it is a good thing. But consultants should be EMPLOYED ON A FULL-TIME BASIS TO ADHER WITH H-1B VISA REGULATIONS.

    I think the H-1B visa program is a great one! It is simply sad to see it abused to the point it is today. What congress is doing is closing a very exploited loophole. Kudos to congress for seeing the real issue instead of, say, shutting the H-1B program down entirely!

    I am not sure what your point here is. On the one hand you say that consulting is OK as long as it is on a "full-time" basis. On the other hand, you are supporting this bill which bans all forms of outsourcing and consulting. Does not matter if you are a "full-time" consultant or a "permanent employee consultant". If you are going to perform work for someother company (all the cases I mentioned in my previous posting - although case 2 and 3 are directly related to people on H1B) through the company that hired you - you will not be eligible for H1B renewal. This applies to all companies - Microsoft, Oracle, EDS, small and big engineering firms that perform safety audits, etc.





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  • unseenguy
    06-24 11:55 PM
    Why are be debating 3 - 4 years rent vs own? As the subject indicates "long" term prospects of buying a home..we of all the ppl should know the meaning of the word "long" based on our "long" wait for PD (which I think should be renamed to retrogress date because I see nothing priority about it)..the point being lets debate 10 years rent vs own..as against 3-4...I think over a 10 year timeline the buyers would come out ahead of the renters..maybe not in CA but in other states that's quite likely..

    I agree that over 10 years buyers "may" come ahead of renters but our question is will buyers of : 2009 come out ahead of 2010 buyers or 2011 buyers? Also is it worth taking a risk and wait 1-2 years given the state of economy and our GC in limbo.

    I have been paying rent since 2001 and my friends bought houses in 2004 & 2007. None at the moment think they are ahead of me due to their decision :) :p





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  • pitha
    10-03 03:55 PM
    To all those people who want Obama to win and are "hoping" that he would do something good for EB folks, I have one question

    Can anyone show one positive deed or statement by Obama regarding EB problems. Note legal immigartns does not mean EB it only means family based according to Obama,Durbin, Kennedy and the democratic clan.

    I am asking this question because I am puzzled at the number of people who want Obama to win in the face his and Durbins hostility towars us. So I am thinking maybe there is a something postive obama did for US (Eb) which I might have missed, so to educate myself can somebody please tell me what Obama did for us.


    The choice between Obama and Mccain is not good and better but between worse and worst, or lesser of the two evils. Mccain might not do anything for us but he might not do anything bad either, with Obama\Dirbin CIR there is only bad and nothing good for EB. I have an open mind can somebody please tell me something good obama said regarding solving EB problems. Everybody knows the venom spewed by Durbin on EB so no need to discuss that part.





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  • StuckInTheMuck
    08-07 10:31 AM
    Some actual bumper stickers:

    * Watch for finger.

    * Your kid may be an honors student, but you're still an idiot.

    * Cover me. I'm changing lanes.

    * Learn from your parents' mistakes - use birth control.

    * Forget about World Peace...Visualize using your turn signal.

    * I get enough exercise just pushing my luck.

    * I didn't fight my way to the top of the food chain to be a vegetarian.

    * Women who seek to be equal to men lack ambition.

    * I don't suffer from insanity, I enjoy every minute of it.

    * Hard work has a future payoff. Laziness pays off NOW.

    * Some people are only alive because it is illegal to kill.

    * Warning: Dates in Calendar are closer than they appear.

    * Keep honking...I'm reloading.

    * Caution: I drive like you do.



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  • Munna Bhai
    07-08 07:47 PM
    Hi,
    I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
    and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
    We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
    citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
    Did anyone face similar situation .Any suggestions are welcome.

    What made them to ask paystub for during 2000 and 2001?





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  • pani_6
    07-13 04:54 PM
    Guys just modified a lill bit..so unless somebody comes up with something better we will go with this...we can after all send more if somebody comes up with another draft..

    This is a first step and lets not falter at the first step..send it out to the people listed in the second page of the letter ..it wont cost you more than $

    Come on Guys
    Action & Urgency!



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  • Marphad
    12-17 02:53 PM
    Now you may go and dig out my previous postings too!

    Ah! all these red dots are showered on me by you kinda folks for questioning this type of nonsense!

    Bring it on more (red dots) LOL

    Because when you speak something it is useful and when others say something is nonsense. Cool.





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  • Macaca
    07-08 10:48 AM
    Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    He received a notice of intent to denial last month. Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001. His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days).

    I am not aware of any GC stage that requires all pay stubs. How did they detect missing pay stubs for 6+ months?



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  • pete
    04-09 08:43 AM
    What is deep six??





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  • razis123
    12-18 03:11 AM
    be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.


    It is very true..and it is fact...why is that all terrorists are muslims...something is wrong ...muslims need to come forward....



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

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

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

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

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





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  • suavesandeep
    06-26 05:06 PM
    puddonhead,

    To be FAIR In your calculation should you not include the tax break you would get for buying a home. I know the interest is variable, You will be paying lot of interest in the early years. But maybe we can average say Total Interest Payment/30 = Average Interest paid per year. And use this figure to calculate the average tax break one should expect.

    For e.g. Lets say on an average you pay every year 24K in Interest payment for your Mortgage, You would get approx 8k back in tax credits (assuming 30% tax bracket).

    So shouldn't your left side be:
    (mortgage + property tax - All tax breaks)


    Also in areas like Bay area, Even with the above update formula (If you notice i did not even count maintenance).. I am not optimistic that this formula will ever work. So does that mean you can never buy a home in bay area :)..

    Or should you include some more variables here say if you live in NYC/Bay Area has a thumb rule its ok to pay X% extra compared to the average national trend line ?

    If only everybody in bay area used this formula before they bought their home :). Amen.


    Well - your approach smells of speculation, which is pretty dangerous!!

    I take the following approach

    Left Side: Add my rent

    Right Side: Add all my expenses (mortgage + maintenance + tax)

    As soon as Left > right - it is a time to buy.

    If you get to the nitti-gritties - it can get very complicated. e.g. you usually put 20% down. Plus the principal payment is technically not "expenditure" - it is "investment in your home equity". Owning means you lose flexibility. It is impossible to put numbers against all these.

    However, my personal "estimate"/"Tipping point" (taking into account the loss of flexibility etc) is when I have positive cash flow from owning (i.e. rent > mortgage + tax + maintenance). Some very successful RE investors I know take the same approach and are very successful.



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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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  • xyzgc
    12-22 01:33 PM
    SOLIDARITY DEMONSTRATION
    Sunday, December 21, 2008 1.00 - 3.00 P. M.
    Dag Hammarskjold Plaza (East 47th Street between 1st Ave. and 2nd Ave.) Manhattan, New York

    • HAVE THE TERRORIST ATTACKS IN MUMBAI SHAKEN YOU TO THE CORE?
    • ARE YOU SICK TO YOUR STOMACH WITH THE PUSSYFOOTING OF COWARDLY LEADERS?
    • DO YOU WANT TO PROCLAIM TO THE WORLD PAKISTAN’S INVOVLEMENT IN THESE ATTACKS?
    • DOES YOUR HEART GRIEVE FOR THE TORTURED JEWISH PEOPLE OF CHABAD LUBAVITCH?
    • DO YOU SHED TEARS FOR 200 PEOPLE MASSACRED IN COLD BLOOD AND 400 INJURED?
    • DOES THE LOSS OF SOME OF THE BRAVEST AND FINEST OF THE POLICE & NSG BOTHER YOU?
    • HAVE YOU HAD ENOUGH WITH ONE AFTER ANOTHER TERRORIST ATTACKS?
    • DO YOU WANT TO HIGHLIGHT THE CRIMES AGAINST HUMANITY?
    • IS “ENOUGH IS ENOUGH” FOR YOU? DO YOU WANT TO DO SOMETHING?

    If you answered YES to any one of the above, then
    Come Rain, Snow or Cold, JOIN
    TRI-STATE INDIANS on SUNDAY, DECEMBER 21 at 1:00 P. M.
    The latest Pakistan sponsored terrorist attacks have traumatized the nation and left deep scars on its psyche. Property worth millions of dollars is destroyed and the economy is affected adversely. Safety of the people and security of the nation is compromised

    Who will set the things right? WE THE CONCERNED PEOPLE...


    TRISTATE INDIANS: Supporting Organizations
    Aligarh Muslim University Engineering Alumni Association of North America
    Afghan Hindu Association, Inc
    Arsha Bodha Center
    Art of Living Foundation, USA
    Baba Balak Nath Temple, New York
    Bangladeshi Hindus of America, New York
    Bangladesh Minority Forum, USA
    Bunt Association of North America
    Ekal Vidyalaya Foundation of USA
    Federation of Indian Associations
    Friends of India Society, International
    Hindi Samiti of USA
    Hindu Center, New York
    Hindu Collective Initiative of North America (HCINA)
    Hindu Human Rights Watch
    Hindu International Council Against Defamation (HICAD)
    Hindu Right Action Force (HINDRAF)
    Hindu Swayamsevak Sangh
    Indian American Intellectual Forum
    Kanchi Kamkoti Foundation USA
    Kannada Koota
    Malyali Hindu Mandalam of North America
    Marathi Vishwa
    Nataraja Mandir (WSFC)
    Om Temple of Garden State
    Overseas Friends of BJP
    Overseas Sindhu Sabha, New York
    Panchvati Ashram, New York
    Phagwah Parade & Festival Committee
    Punjabi Darbar Religious & Cultural Society
    Sadhanalaya Dance, Inc.
    Samskrita Bharati
    Satya Narayan Mandir, Elmhurst
    Save Temples in India
    Shree Trimurthi Bhavan
    Sindhi Circle, New York
    The Caribbean Voice
    The South Asian Times
    Vishwa Hindu Parishad of America
    and many more …

    As Indians, we owe it to ourselves to create a sense of awareness within ourselves and in the global community. A strong world opinion will eventually clamp down terrorism.

    911 exposed the face of terrorism to the entire world. It has also exposed many of the incorrect foreign policies of the american administration.

    Pakistani terrorism was a local problem till then largely ignored by the internationals.
    Now, terrorism is a global problem.

    Let's write against it, speak against it, whenever and wherever we get a chance instead of trying hard not to offend the feelings of others.
    Innocent lives are at stake here. Your economy is under attack. Attempts are being made to destabilize your country by inciting riots between religious groups.

    Wake up and don't worry about who's getting offended and who's not! Even those who are offended or pretend to be offended cannot escape the grim realities and will eventually support the anti-terrorism stand because terrorism is a threat even to its country of origin!



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  • gcisadawg
    12-27 01:31 AM
    Why do you want to involve the world in a matter between Pakistan and India?
    I see what you are saying. But I don't think I agree with you.
    The world probably doesn't give much of a damn about it. At the end of the day, a few million nuked and dead Pakistanis and Indians are not going to be the West's headache. They will be the headache for India and Pakistan. So, nukes DO impact the options.


    Yes, there would be a few million nuked pakistanis and Indians. As you said, if the world doesn't give a damn why would Rice, Brown, US Military JCOS and a bunch of others visited India and urged it to restrain caution. I challnge the Indian Govt. to widely publish the statement " Nukes dont impact our options. The decision to go to war or not is not impacted by the presence or absence of nukes"...See how the world reacts.

    The world is more worried about Militants getting their hands on Nukes and has some confidence in India's caution. Madeline Albright recently said pakistan is like a migraine for the world. How many times we have seen stories where leaders after leader, strategists after strategists express concerns that Militants may get the nuke trigger. I believe the world has a stake in neutralizing Pak's Nukes. Do you believe the Nukes are partially controlled by US at present? Or is it Zardari who has the complete control?





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  • Refugee_New
    01-06 12:38 PM
    Israeli shelling kills more than 40 at UN school in Gaza.

    http://www.guardian.co.uk/world/2009/jan/06/gaza-israel-death-un

    More killing while the world watches silently.



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  • nogc_noproblem
    08-05 01:10 PM
    A man was walking in the street when he heard a voice...

    "Stop! Stand still! If you take one more step, a brick will fall down on your head and kill you." The man stopped and a big brick fell right in front of him. The man was astonished.

    He went on, and after awhile he was going to cross the road. Once again the voice shouted: "Stop! Stand still! If you take one more step a car will run over you and you will die." The man did as he was instructed, just as a car came careening around the corner, barely missing him.

    "Where are you?" the man asked. "Who are you?"

    "I am your guardian angel," the voice answered.

    "Oh yeah?" the man asked. "And where the heck were you when I got married?"





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  • sledge_hammer
    03-24 07:14 PM
    Can you please explain how you conluded that my theory was its okay to copy (exploit loopholes) unless you get caught?

    Please point to the exact post of mine...

    Again, I am not defending anyone, I am saying that we should point all the consultanting...not just desi consulting ones...just don't descriminate...from your theory, it looks it is ok to copy unless you are caught.....I don't want to argue on this and deviate from the OP .





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  • GCapplicant
    09-26 09:52 AM
    It's really too early to pass judgements What will happen if he comes?
    It's sheer poilitics .Immigration discussion is a hot importat topic before election.They can't take chances by supporting this,They have to consider their members first.DEMS major leap after 10 years break.It is going to be good for everyone.

    After election is the main chapter.DOL has already agreed they have wasted visas as per OH Law breaking news recently.

    Be positive that 2009 will help us all.This negative statement will misdirect our thought.We have our EAD ,Atleast thanks for the Fiasco,we filed out 485.

    It's only the visa numbers...if not 1 year,it will be on the road by two years.Cheer up...I myself have negative feelings what will happen to my family future here.I just talk to myself,Whether I have to apply for Canadian PR for back up.It sure does kill our minds.

    Cheer up...We all will be safe by 2009.It will move faster.

    EB3 I 2004 Jul.





    chanduv23
    05-16 06:09 AM
    What if they give you all a chance for applying 485 and retaining PD before they ban h1b consulting??? I guess, you all will be happy with Durbin adn Grassley ;) ;) ;)

    The h1b system was designed to create brain drain in developing nations and bring them to America, but because of the implementation methodologies the opposite is happening, good people are either moving back or not coming or stuck with an employer which is not good for the economy.

    America gains nothing by banning h1b people - I am sure some provision will be there to protect people and get a fair chance towards imigration even if consulting etc.. practices are modified to work in correct methodologies.





    vamsi_poondla
    10-01 04:17 PM
    This is off-topic..but you need to think of small businesses that keep wages for < 10 employees etc in their accounts.

    Thats because the rich folks all of sudden who have more then 100k in their accounts felt unsecured and obviously the US government for the rich is helping the rich.

    Coming to the topic, how many think that Sen Obama (as Prez Obama) will help our cause in case there is a CIR or piece meal EB provisions.



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