Saturday, July 2, 2011

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  • Macaca
    05-27 05:39 PM
    As Indian companies grow in the U.S., outsourcing comes home (http://www.washingtonpost.com/business/as-indian-companies-grow-in-the-us-outsourcing-comes-home/2011/05/17/AFZbrp7G_story.html) By Paul Glade | The Washington Post

    Ray Capuana paces the rows of cubicles in a haggard high-rise a stone�s throw from Wall Street as his people hustle the phones and hope for a bonus check.

    His employees are not bond traders, though. They are call center workers. Many are African Americans without college degrees. Some lack high school diplomas. They work for a Mumbai-based company called Aegis Communications.

    India�s outsourcing giants � faced with rising wages at home � have looked for growth opportunities in the United States. But with Washington crimping visas for visiting Indian workers, some companies such as Aegis are slowly hiring workers in North America, where their largest corporate customers are based. In this evolution, outsourcing has come home.

    Capuana, a manager for Aegis in New York, motivates this U.S. office with dress-down days and the prospect that workers could, one day, earn a stint training call center workers in Goa, India. One of his tasks is to staff 176 cubicles, where workers make or take calls for customers of prescription drug plans or Medicare contracts and enter and verify information. The pay runs $12 to $14 an hour, with bonus checks of up to $730 a month.

    �Our recruitment model is simple,� says Capuana, who played Division III college football, wears rosary beads on his wrist and has a picture of Jesus above his desk. �I don�t care if you come from Park Avenue or the park bench. If you can do the job, we want you.�

    Aegis, a subsidiary of India�s Essar Group, an energy, telecom and metals conglomerate, says it�s pioneering the next generation of outsourcing: putting the work close to its global customers. Its executives call the practice �near-sourcing,� �diverse shoring� and, sometimes, �cross-shoring.�

    Madhu Vuppuluri, chief executive and dealmaker for the Americas division of Essar Group, remembers watching outsourcing grow in India in the late 1990s and early 2000s and thinking that the decline of U.S. call centers was overdone. He persuaded the billionaire Ruia brothers, Essar�s Indian owners, to let him make a counterintuitive bet: In 2000, he bid on the bankrupt assets of Telequestion, a 500-person call center in Arlington, Tex., for $2.5 million.

    That led to other acquisitions in the United States and abroad. Today, Aegis employs 50,000 of Essar�s 70,000 employees on several continents. About 5,000 people work at nine U.S. call centers. Aegis, which is on the hunt for more acquisitions, has said it aims to triple its U.S. head count, to more than 15,000.

    The strategy is based on the old-fashioned idea of being close to your customers. It�s one embraced by companies such as credit card giant American Express, insurer Humana and government agencies, which sometimes prefer on-shore call centers to handle customer service for sensitive life insurance, financial or health-care products.

    �The customer is the king,� Vuppuluri said. �Wherever the customer wants the services to be, we can provide.�

    Visitors on visas

    At its U.S. sites, Aegis says, 90 percent or more of its workers are American. In that way, Aegis is an exception to the rule. Until now, India-based outsourcing companies have largely brought Indian workers into the United States using H-1B visas and L-1 visas and have been the heaviest users of those programs.

    In India�s $60 billion software-exporting industry (which employs roughly 4 million people worldwide), Aegis is competing with companies such as Wipro, Tata Consultancy Services, Genpact, WNS and Infosys. Most are expanding their outsourcing work � from call centers to high-tech consulting and financial services � to the United States. In many cases, it�s a key part of the companies� growth strategy. But political and economic forces in this country and India complicate things.

    Some say the visa practice has hurt U.S. jobs and wages. These new visa categories were created by the Immigration Act of 1990, allowing foreigners to work in the country for up to six years. The aim was to lure high-tech talent. Tech America, an industry trade group, says that the visas are crucial to American innovation, future competitiveness and job creation.

    But they have been abused, too. In a study released in 2008, the government found fraud and technical violations on 20.7 percent of H-1B applications. Violations ranged �from document fraud to deliberate misstatements regarding job locations, wages paid and duties performed,� said Donald Neufeld, of the Department of Homeland Security, at a March hearing.

    Immigration officials and the State Department have worked to crack down on the fraud.

    �There will be, in any situation, an effort to go around the law,� said David T. Donahue, deputy assistant Secretary of State for Visa Services. �Our job is to catch the companies doing that.�

    :DSome lawmakers are looking to curb the practice and to encourage the India-based outsourcing firms to follow Aegis�s model of hiring Americans at U.S. sites.:D Issuance of regular H-1B visas � 10,200 so far this year � is down 43 percent percent from 2010, according to federal data. Last year, the Obama administration added a roughly $2,000 fee per H-1B visa for large companies, which could be curbing applications.

    In the past, if, say, BNY Mellon inked an IT contract with Infosys, Infosys would handle 70 percent of the work in India and send 30 percent of its project staff to the United States on temporary work visas. These Indian workers often live in ethnic enclaves on the outskirts of a city, work long hours and earn less than an American would for the same work.

    Companies such as Tata Consultancy Services, Genpact and Infosys are the largest users of the H-1B visa program and have collectively brought as many as 30,000 workers into the country in a year on H-1B or other visas.

    Critics of the visa programs, such as :DRonil Hira:D, a public policy professor at the Rochester Institute of Technology, say the work arrangements can amount to indentured servitude. The workers are often paid �home-country wages� in America. �That�s as low as $8,000 a year� with housing allowances, he says. The employers own the visas � so the workers can�t bargain for wages, and if they lose their job they have to leave the country.

    Hira said Indian workers still make up more than 90 percent of most outsourcing companies� U.S. head counts. He and other critics argue that many of these workers are not more highly skilled than their American counterparts but are simply willing to work for less. �It�s harming American workers,� he said. �It�s taking away their job opportunities, bringing down their wages and harming their working conditions.�

    The companies that use the visa programs have faced opposition from U.S. labor unions as well as age-discrimination lawsuits from American tech workers alleging that they were passed over by the hiring practices.

    At the same time, as high unemployment lingers and the economic recovery lags, India-based companies have seized on an opportunity to improve their image and expand their U.S. businesses by taking over companies and hiring more U.S. talent.




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  • xyzgc
    12-25 04:30 PM
    We suffer due to the unfairness of a system that hinges upon the place of your birth! We demand that there be no quotas based on "country of birth" and that we ask for equitable treatment.
    Singling someone out due to his/her "national origin" should be something we backlogged EB2/3 I folks should understand more than others. And yet if someone from Pakistan gets a green card - we gang up on him and are outraged that someone from a terrorist country got it before us!!!! Does that mean we would be ok as long as he got it after us?


    I apologize for singling out Talash. I just got frustrated with the fact that you can come from a small, war-mongering terrorist country and get your gc in a year's time, gloat over it, while our tax money of several years finds its way intothe coffers of the very same nation and we wait patiently for several years to see the green.
    It was misdirected anger and I stand corrected for singling out some one like this but it doesn't make my point completely invalid either.

    I got plenty of red dots after my mere mention of the stupidity of ganging up on the fella... red dots are ok... it was the messages that came along with that were offensive - traitor , paki pork, etc - I just deleted my posts after that and stopped commenting on that particular thread.


    I never hurled insults at others and never intended to - you should see the offline messages people left me and you will be equally surprised educated people can use such a horrible language! I'm quite sure several others didn't do that as well. Most folks have been logical and consistent in their posts.
    I gave reds because I got reds - I didn't insult anyone at all. And I'm sure there are many others like me, who didn't participate in this dirty name calling but posted their views openly.


    There is nothing wrong with discussing the history of India and Pakistan, nothing woring in discussing organized vs. unorganized religion, nothing wrong with pointing out the the flaws in Islam or any other religion - The problem is that such discussions always end up with insults hurled at each other. While we may start with the noble intention of having a civil discussion about these issues - every thread like this ends up with offensive remarks that drives people away. The simple question then becomes - is it worth it? Is this the place to do it? Would such a thread be allowed to continue on Ron Gotcher's website? I hope the moderators of this site realize that inaction on their part seems like they condone this type of behavior.


    Why are you "singling" out this particular thread?

    Haven't you seen enough bickering, shouting, name calling on other threads, which are supposedly, solely focused on addressing immigration issues.
    How many threads have you seen not ending up in flaming at each others? Nearly, in every thread that is related to immigration, people jump at each others throats. Otherwise, there are threads which post useless visa bulletin predictions (I've done it myself).
    And what have you done to stop it, may I ask?:(


    All the red dots coming my way are more than welcome... just a small request about the insults .... please be brave enough to post them publicy!
    So let us now go back to solving all the controversial theological, anthropological and geopolitical issues. Let us continue to demand for fairness and an immigration system blind to our country of birth - but make sure we point out other people's national origin... no wonder the most anti-immigration people are generally the most recent immigrants.

    Agreed.




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  • TomPlate
    01-06 04:56 PM
    Refugee_New if you calm down the whole thread is going to calm down. Let us calm down and pray for peace.




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  • surabhi
    03-25 10:57 AM
    That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.

    USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.

    Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.

    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."



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  • file485
    07-08 07:56 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.

    pls dont give wrong info..

    paystubs..W2's, tax returns r the most imp documents..especially for souls like us with employment based immigration..




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  • Macaca
    05-12 05:47 PM
    Get ready� Chinese investors are coming Latin America (http://www.miamiherald.com/2011/05/11/2212567/get-ready-chinese-investors-are.html) By Andres Oppenheimer | Miami Herald

    It�s no secret that China�s trade with the Americas has soared in recent years, but we are likely to see a major new phenomenon in coming years � an avalanche of Chinese foreign investments.

    It has already started in Latin America, where China�s foreign investment more than doubled in 2010. And it�s beginning to take off in the United States, although in a smaller scale because of U.S. concerns over the potential national security threats of selling major corporations to Chinese investors.

    According to several new studies, we will soon see Chinese firms buying increasingly more companies throughout the Americas, ranging from oil, minerals and other natural resources firms in Latin America to manufacturing plants in the United States. As China�s companies grow, so do their need to expand abroad, they say.

    A newly released study by the Asia Society and the Woodrow Wilson International Center, entitled �An American open door?,� estimates that China�s worldwide direct foreign investments will rise from an accumulated $230 billion today to between $1 and $2 trillion by 2020. The figure does not include China�s purchases of government bonds, or passive investments in stocks and bonds.

    Until now, China was virtually non-existent as a global foreign investor. While China accounts for 8 percent of global trade, it only accounts for 1.2 percent of the global stock of foreign investments. Its current foreign investments pale in comparison with the $4 trillion in U.S. investments abroad.

    But that�s changing very fast. Unlike six years ago, when China�s Lenovo raised eyebrows worldwide when it bought IBM�s Personal Computers Division, such purchases are becoming increasingly common. Last year, China�s Sinopec oil company bought Brazil�s Repsol-YPF for $7.1 billion, and China�s CNOOC oil firm bought Argentina�s Bridas Corp. for $3.1 billion.

    A study released last week by the United Nations Economic Commission for Latin America and the Caribbean (ECLAC) shows that China�s foreign direct investments in Latin America reached $15 billion last year, doubling the total of China�s accumulated investments in the region of the past 20 years.

    In addition, China has announced it will invest $22.7 billion in Latin America and the Caribbean starting this year, the study says.

    China�s investments in the United States have been much smaller, of about $5 billion last year, according to the Asia Society study. But that was a 130 percent increase over 2009, it says.

    What�s moving China to invest in the Americas? I asked Alicia Barcena, head of the Santiago, Chile-based ECLAC.

    First and foremost, the need to secure its supplies of oil, minerals, soybeans and other raw materials, she said. China is a major importer of Latin American primary products and wants to protect itself from big price increases or potential disruptions in the supply chain. So Chinese companies want to make the transition from importers to part-owners of the Latin American firms that produce the goods they are now buying.

    Second, China�s companies are increasingly behaving like profit-driven Western firms: When faced with tariff barriers in big markets they want to get access, such as Brazil�s, they buy local companies to sell their goods within those countries.

    Third, China�s labor costs are rising, as Chinese firms are raising wages. Just as Chinese companies have been going to Vietnam and other Asian countries to lower their production costs, they may soon do the same in Latin America.

    �This trend of growing Chinese foreign investments in Latin America is likely to continue,� Barcena told me. �There has clearly been a policy change there, and the Chinese government is now encouraging foreign investments by Chinese firms.�

    My opinion: China�s eruption as a major foreign investor in the Americas is a positive development, but brings along several problems that countries in the region will have to face.

    China buys majority stakes in foreign companies, but makes it difficult for foreigners to buy Chinese companies, and sell in China. Also, China�s nearly exclusive focus on raw materials in Latin America threatens to turn countries in the region into extraction economies, delaying the development of high-tech industries.

    And Chinese companies are not known to follow strict environmental or anti-corruption rules. Their arrival in the region will be a welcome phenomenon, but it will pose many challenges that countries should begin to prepare for as they roll out their red carpets to Chinese investors.



    Now for the price of chasing Afghan shadows (http://www.ft.com/cms/s/0/583d1c2a-7680-11e0-b05b-00144feabdc0.html#axzz1LTeOmBcc) By David Pilling | Financial Times
    Chinese and American madness (http://prestowitz.foreignpolicy.com/posts/2011/05/12/chinese_and_american_madness) By Clyde Prestowitz | Foreign Policy
    The S&ED No-Holds Barred: China�s Deplorable Human Rights and the Simple American People (http://blogs.cfr.org/asia/2011/05/11/the-sed-no-holds-barred-china%E2%80%99s-deplorable-human-rights-and-the-simple-american-people/) By Elizabeth C. Economy | Council on Foreign Relations
    Inouye�s Asia-Pacific Warning (http://the-diplomat.com/flashpoints-blog/2011/05/11/inouye%E2%80%99s-asia-pacific-warning/) By James Holmes & Toshi Yoshihara | The Diplomat
    Hardy perennials block US-China light (http://atimes.com/atimes/China/ME13Ad02.html) By Jingdong Yuan | Asia Times
    More Hopes Than Gains At U.S.-China Meetings (http://www.nytimes.com/2011/05/11/world/asia/11china.html) By BINYAMIN APPELBAUM | New York Times
    Managing the China Challenge in Business (http://www.brookings.edu/opinions/2011/0506_us_china_challenge_lieberthal.aspx) By Kenneth G. Lieberthal | The Brookings Institution
    Hillary Clinton: Chinese System Is Doomed, Leaders on a 'Fool's Errand' (http://www.theatlantic.com/international/archive/2011/05/hillary-clinton-chinese-system-is-doomed-leaders-on-a-fools-errand/238591/) By Jeffrey Goldberg | The Atlantic



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  • yrspassby
    08-06 03:14 PM
    According to CDC, there is an epidemic of people who are walking and texting getting run over by cars, you know who runs'em over people who are driving and texting

    Today, we had an earthquake 5.4 at LA. NBC was thrilled, because that was their highest rating so far :)

    It happens only in Hollywood, a secretary took a shield under the desk of her boss for earthquake. By the time, the earthquake was over, she had a starring role in his next movie..;)

    Yesterday, John McCain removed a small mole from his temple, to which Pres. Bush responded "Temple?,Huh.. I didnt know he was Jewish"




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  • validIV
    06-26 02:47 PM
    I don't know what else to tell you except what I've already stated. Frankly I am surprised that this debate has gone beyond 1 page. I am tired of beating a dead horse.

    If you are renting for 1500/month thats 18,000 a year, or 540,000 in 30 years that you lose with no chance of claiming as a deduction or ever using for anything. Rather than losing that money, why not use it to own the property you are living in?

    As a homeowner, you can use that 540,000 to own the home. The interest and property taxes you pay are tax deductible, and the principal means that at the end of the 30 years, the home is yours (20 if your loan is 20 years). Even when you are paying the mortgage, you are saving. You are getting bigger tax returns and you are owning the home that you live in. No amount of rent will guarantee either.

    Through a combination of tax deductions, home equity, and property value, I am willing to bet you that I can save the same amount you do by renting, but still be ahead by owning the property I live in in 30 years. Just take a look at any home owner's history and tell me someone who hasn't doubled the value of their home (home only, not including their savings) in the past 30 years or more.

    Everyone here that is dead-set on renting, by all means continue to throw your money away. And it REALLY is throwing your money away. How you wish to justify doing so is fine by me as long as you can sleep at night and explain to your family, friends and kids why you chose to rent for 30 or so years.

    If you buy - and take a mortgate - you end up losing (the same way you "lose" your rent)
    1. Interest you pay
    2. Property taxes you will pay forever.
    3. Maintenance you will pay forever.

    On the other hand - if you rent and,
    A. IF you pay less in rent than #1 + #2 + #3,
    B. IF you invest the remainder plus your mortgage principal amount in some other investment vehicle with superior investment returns than real estate.
    .... Then you will come out ahead renting.

    The tipping point is whether your rent equals interest + property taxes + maintenance. Based on which side is higher - either renting or buying could be good for you. I don't think there is a clear cut answer. This does not take into account the flexibility associated with renting - which is important for non-GC holders. If you assign a non-zero dollar value of $X with that flexibility, then your rent needs to be interest + tax + maintanance + $X to get to the tipping point. On the other hand, if you are not forced to save (in the form of mortgage principal payment every month) - you may just spend that money instead of investing that. If you assign a dollar value of $Y with that (probability multiplied by actual dollar value) - then the tipping point is at
    $rent = $interest + $tax + $maintenance + $X(dollar value for flexibility) - $Y(dollar value for probability of spending money instead of saving).

    Now as soon as you plug in the numbers in this equation - it will give you your tipping point and will tell you whether it is right for you to rent or to buy.

    Think about it. It is not as clear cut as you think it is. :-) Based on your earlier posts - you got an absolutely faboulous deal on your house (maybe because of your timing) and the tipping point equation would probably highly favor buying in your case. For many other (specially for those without a GC) - it may not be so clear cut.



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  • qualified_trash
    05-17 01:08 PM
    I totally agree with gc03 and learning01 expressing their views. It is when someone starts using terms like "refrain" etc. I get all worked up. gc03 and learning01 are entitled to their thoughts. What they are not entitled to is to tell each other or anyone else to "do this" OR "do not do that". Are we on agreement on this? I can see some name calling going on in these forums which is rather disappointing.

    Someone very funnily called me an individual from the US Army who has infiltrated IV.

    As for learning01, I know that getting the GC process fixed is of paramount importance here. My only suggestion to learning01 and IV is this.......... If Lou Dobbs can help you you should use his help. You do not know what his thoughts are on legal immigration. If he says that he does not support your cause, you can move on and atleast know where he stands.

    If IV is talking to lawmakers from both parties, why cant we speak to all sides of the media?




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  • NKR
    08-05 08:38 AM
    Why did they not take the employer to court? Why make the EB2 line suffer for these employer's faults?

    If an employer wrongly files your case under EB3 instead of EB2 or EB1, then the onus is on you to challenge them and take them to court if need be.

    And start the GC process all over again?. well isn't there an easy option of converting to EB2?. :)



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  • nixstor
    08-10 10:45 PM
    Yewwwww. Stupid morons get to run the show on CNN who consider guest worker program for Illegal Aliens and H1B the same.

    I dont understand why USCIS has to release data to a random attorney guy.
    Why the hell doesnt he know how many H1B's are being issued every year? Is this attorney guy sleeping or what? 65K and they are gone on May26th 2006Huh?




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  • unitednations
    08-02 12:03 PM
    Actually, USCIS does nothing with the Consulate copy of G-325 if applicant has been in the USA for more than one year. You can find this fact in the I-485 Adjudicator's manual.

    Possibly.

    However; there are many things that uscis asks for that they are hinging on the grayest of gray areas to get at other things.

    Examples:

    You don't need to submit tax returns with 485. However, they ask in RFE sometimes. Why do they do that?

    USCIS asks for photos of office in h-1b rfe's. There is nothing in the law/regulations stating they are supposed to ask for it.

    There is many examples where uscis/dos ask for things that are not required in the law/regulations. However; a lot of these types of evidence they ask for is for "intent", looking for inconsistencies, trying to look at the resonability of information...

    Long back when I used to just read memos/laws; it looked pretty straightforward. However; uscis uses the grayest of gray areas to their benefit, not your's.

    Department of state for every visa except h and L assume by default that a person has intention of immigrating. The onus is on us to show that we are not going to do that. Unfortunately, uscis is turning the same way in adjudicating of benefits. They seem to think that everyone is playing with the system and they in turn are becoming very difficult.



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  • nojoke
    06-26 08:27 PM
    Thanks for the data. There is one more twist to the story though. The "median home" of 1940 is NOT the same as the median home of 2000. The home sizes have more than doubled in this period (dont have an official source right now - but look at Google Answers: Historic home sizes (http://answers.google.com/answers/threadview?id=110928) . A little digging should give us an official source if you want.).... So, if the median home prices have doubled post adjustment for inflaton - that really means that the prices have stayed flat adjusted for inflation.

    Statistics is a bitch :-D

    Home sizes have lesser impact on the median price now. It is unaffordability that is pushing the prices down. The median is getting back to what the income in the area can support. The builders can build mansions, but someone has to buy...One way the builders survive these days is by bulding smaller homes that people can buy..




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  • eb2_mumbai
    07-14 11:22 AM
    If that letter is modifed to present Eb3 case in factually correct way I am sure every one will support it. In its original form it is misleading. Comparing to Eb2 is an unacceptable way ( to justify Eb3). This is causing this carnage on the forum. I will request you to post your template.

    I did not mention anything like that. Just a request to allocate some Visa Numbers to EB-3 (India), which is retrogressed in 2001 since many years. I modified that format letter.



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  • logiclife
    02-21 11:31 AM
    But he is definately worth laughing at. I bet this guy sends flowers to himself on Valentine's day. He is so much in awe of himself, its hilarious.

    He wrote an entire column mostly about himself and now, suddenly there is a group of people called "Lou Dobbs Democrats"?????




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  • sledge_hammer
    03-24 02:17 PM
    Again, I am not the one you should be asking to define "full-time" and "temp" type jobs. Ask USCIS or DOL or whoever is going to adjudicate your green card.

    I am simply saying that if USCIS has made a distinction between perm job and temp job, AND if they feel that consulting job is of temp type, someone along the line has dropped the ball and missed this. They also missed the fact that the employee needs to work at the LCA specified location. They also missed (or circumvented) that benching is not allowed.

    You can blame anyone and everyone for it. Maybe the immigration attorneys were the ones that should have warned both the employers and employees that consulting jobs do not fit the H-1B requirement. Maybe USCIS was sleeping all the while and suddenly they decided to start enforcing this. But the fact that they can ALL-OF-A-SUDDEN claim that H-1B visa is for permanent jobs only, AND that employees need to stay in the LCA location means that our lawyers, employers, and employees were incompetent in their judgment and did not do their due diligence to protect against potential audits and queries.
    I am telling you the same thing I told the other guy .... you don't need to give me justifications.

    Just hope that USCIS will buy your story!

    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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  • thakurrajiv
    04-06 09:12 AM
    :eek:

    I have been reading this thread with a lot of interest and could not hold back from commenting on the unbridled optimism many of you guys are showing towards the housing market, which reminds me of the "long tailed" euphoria that followed long after the NASDAQ had crashed over 50% in 2001 after the tech bubble, and people kept wishing it would come back long after it became clear to most cynical observers that it would take decades to achieve the same levels as before (and it hasn't yet)...

    Housing has not yet bottomed. It still has a long way to go. You guys may think that the foreclosures related to subprime resets have subsided so the market may recover. You haven't seen anything yet. Consider:

    http://www.irvinehousingblog.com/wp-content/uploads/2007/04/loan-matrix.jpg

    and:

    http://www.irvinehousingblog.com/wp-content/uploads/2007/04/adjustable-rate-mortgage-reset-schedule.jpg

    Option ARMs (adjustable rate mortgages) and Alt-A ARMs are the next two shoes to drop. In case you've had your head buried in the sand, the economy is on verge of a collapse. Unemployment is soaring and many more companies are considering layoffs. Many economic observers are opining that we are already in recession.

    Desi junta, and others, I entreat you readers to please consider this seriously in your house purchase decisions. If for some reason you need to sell and move out, at a minimum you will be saving some money (by not losing your downpayment, for example) by choosing to rent. Rent a house/townhouse from a private owner if you are tired of renting an apartment and have growing kids - it's a "renters market" in the private rental marketplace right now with so many investment properties purchased during the housing bubble available for rent.

    I would like to offer up a few blogs, whose commentators should be taken seriously. I recommend you read and bookmark the following blogs if you want to follow the housing market and the economy:

    http://calculatedrisk.blogspot.com/

    http://www.irvinehousingblog.com/

    http://housingpanic.blogspot.com/

    http://globaleconomicanalysis.blogspot.com/

    I like this website for people just starting out to get more financially educated (in an entertaining way):

    http://www.minyanville.com/

    Good luck and please be careful before 'taking the plunge!'

    very good post jung.lee. As you said lay offs have not even started !! Recent 80000 job loss data came in. This is givt data which is a lot worse than expected. Imagine the real job losses !!
    For me this is beginning of end !! Things will get real now. House prices will come in line with what people can afford .....




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  • Macaca
    12-27 07:15 PM
    In �Daily Show� Role on 9/11 Bill, Echoes of Murrow (http://www.nytimes.com/2010/12/27/business/media/27stewart.html) By BILL CARTER and BRIAN STELTER | New York Times

    Did the bill pledging federal funds for the health care of 9/11 responders become law in the waning hours of the 111th Congress only because a comedian took it up as a personal cause?

    And does that make that comedian, Jon Stewart � despite all his protestations that what he does has nothing to do with journalism � the modern-day equivalent of Edward R. Murrow?

    Certainly many supporters, including New York�s two senators, as well as Mayor Michael R. Bloomberg, played critical roles in turning around what looked like a hopeless situation after a filibuster by Republican senators on Dec. 10 seemed to derail the bill.

    But some of those who stand to benefit from the bill have no doubt about what � and who � turned the momentum around.

    �I don�t even know if there was a deal, to be honest with you, before his show,� said Kenny Specht, the founder of the New York City Firefighter Brotherhood Foundation, who was interviewed by Mr. Stewart on Dec. 16.

    That show was devoted to the bill and the comedian�s effort to right what he called �an outrageous abdication of our responsibility to those who were most heroic on 9/11.�

    Mr. Specht said in an interview, �I�ll forever be indebted to Jon because of what he did.�

    Mr. Bloomberg, a frequent guest on �The Daily Show,� also recognized Mr. Stewart�s role.

    �Success always has a thousand fathers,� the mayor said in an e-mail. �But Jon shining such a big, bright spotlight on Washington�s potentially tragic failure to put aside differences and get this done for America was, without a doubt, one of the biggest factors that led to the final agreement.�

    Though he might prefer a description like �advocacy satire,� what Mr. Stewart engaged in that night � and on earlier occasions when he campaigned openly for passage of the bill � usually goes by the name �advocacy journalism.�

    There have been other instances when an advocate on a television show turned around public policy almost immediately by concerted focus on an issue � but not recently, and in much different circumstances.

    �The two that come instantly to mind are Murrow and Cronkite,� said Robert J. Thompson, a professor of television at Syracuse University.

    Edward R. Murrow turned public opinion against the excesses of Senator Joseph McCarthy in the 1950s. Mr. Thompson noted that Mr. Murrow had an even more direct effect when he reported on the case of Milo Radulovich, an Air Force lieutenant who was stripped of his commission after he was charged with associating with communists. Mr. Murrow�s broadcast resulted in Mr. Radulovich�s reinstatement.

    Walter Cronkite�s editorial about the stalemate in the war in Vietnam after the Tet Offensive in 1968 convinced President Lyndon B. Johnson that he had lost public support and influenced his decision a month later to decline to run for re-election.

    Though the scale of the impact of Mr. Stewart�s telecast on public policy may not measure up to the roles that Mr. Murrow and Mr. Cronkite played, Mr. Thompson said, the comparison is legitimate because the law almost surely would not have moved forward without him. �He so pithily articulated the argument that once it was made, it was really hard to do anything else,� Mr. Thompson said.

    The Dec. 16 show focused on two targets. One was the Republicans who were blocking the bill; Mr. Stewart, in a clear effort to shame them for hypocrisy, accused them of belonging to �the party that turned 9/11 into a catchphrase.� The other was the broadcast networks (one of them being CBS, the former home of Mr. Murrow and Mr. Cronkite), which, he charged, had not reported on the bill for more than two months.

    �Though, to be fair,� Mr. Stewart said, �it�s not every day that Beatles songs come to iTunes.� (Each of the network newscasts had covered the story of the deal between the Beatles and Apple for their music catalog.) Each network subsequently covered the progress of the bill, sometimes citing Mr. Stewart by name. The White House press secretary, Robert Gibbs, credited Mr. Stewart with raising awareness of the Republican blockade.

    Eric Ortner, a former ABC News senior producer who worked as a medic at the World Trade Center site on 9/11, expressed dismay that Mr. Stewart had been virtually alone in expressing outrage early on.

    �In just nine months� time, my skilled colleagues will be jockeying to outdo one another on 10th anniversary coverage� of the attacks, Mr. Ortner wrote in an e-mail. �It�s when the press was needed most, when sunlight truly could disinfect,� he said, that the news networks were not there.

    Brian Williams, the anchor of �NBC Nightly News� and another frequent Stewart guest, did not comment on his network�s news judgment in how it covered the bill, but he did offer a comment about Mr. Stewart�s role.

    �Jon gets to decide the rules governing his own activism and the causes he supports,� Mr. Williams said, �and how often he does it � and his audience gets to decide if they like the serious Jon as much as they do the satirical Jon.�

    Mr. Stewart is usually extremely careful about taking serious positions for which he might be accused of trying to exert influence. He went to great lengths to avoid commenting about the intentions of his Rally to Restore Sanity and/or Fear in Washington in October, and the rally itself emphasized such less-than-impassioned virtues as open-minded debate and moderation.

    In this case, Mr. Stewart, who is on vacation, declined to comment at all on the passage of the bill. He also ordered his staff not to comment or even offer any details on how the show was put together.

    But Mr. Specht, the show guest, described how personally involved Mr. Stewart was in constructing the segment.

    After the news of the Republican filibuster broke, �The Daily Show� contacted John Feal, an advocate for 9/11 victims, who then referred the show producers to Mr. Specht and the other guests.

    Mr. Stewart met with the show�s panel of first responders in advance and briefed them on how the conversation would go. He even decided which seat each of the four men should sit in for the broadcast.

    For Mr. Stewart, the topic of the 9/11 attacks has long been intensely personal. He lives in the TriBeCa area and has noted that in the past, he was able to see the World Trade Center from his apartment. Like other late-night comedians, he returned to the air shaken by the events and found performing comedy difficult for some time.

    But comedy on television, more than journalism on television, may be the most effective outlet for stirring debate and effecting change in public policy, Mr. Thompson of Syracuse said. �Comedy has the potential to have an important role in framing the way we think about civic life,� he said.

    And Mr. Stewart has thrust himself into the middle of that potential, he said.

    �I have to think about how many kids are watching Jon Stewart right now and dreaming of growing up and doing what Jon Stewart does,� Mr. Thompson said. �Just like kids two generations ago watched Murrow or Cronkite and dreamed of doing that. Some of these ambitious appetites and callings that have brought people into journalism in the past may now manifest themselves in these other arenas, like comedy.�




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  • jonty_11
    09-26 12:29 PM
    all the speculation aside, it would be good know waht IV core thinks abt this...or whats the Outlook of our Lobbying firm...for McCain or Obama




    surabhi
    03-25 10:57 AM
    That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.

    USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.

    Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.

    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."




    rsdang
    08-11 04:54 PM
    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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