Legal
07-10 09:54 AM
;)
Actually this "slavery" terminology is good for us, we can strategically use this to promote legislation like SKIL among anti-immigrationists and Congressmen/ senators.
ELIMINATING GC BACKLOGS WOULD END THIS SLAVERY....
LEGAL IMMIGRANTS GETTING GC IN DUE TIME WOULD REDUCE H1 B SLAVERY
Actually this "slavery" terminology is good for us, we can strategically use this to promote legislation like SKIL among anti-immigrationists and Congressmen/ senators.
ELIMINATING GC BACKLOGS WOULD END THIS SLAVERY....
LEGAL IMMIGRANTS GETTING GC IN DUE TIME WOULD REDUCE H1 B SLAVERY
wallpaper diamond wedding rings
sanju
05-16 10:47 AM
:p :p I like this most. Lets move on...
It appears that some of us are mad at our employers and there can be several reasons –
We think we are “high-skilled” and deserve more even though we are spending most of our time at work on IV forums
We think our employer is taking advantage of our situation and if we had green cards we would have taken over the crown from Bill Gates and Warren Buffet
And so on….
For some of these reason, we are faulting everybody around us, our employer, companies not our employers, consulting companies/body shopper, other H-1B applicants, L-1 applicants, people who come on B-1, companies like TCS/INFY/SIFY etc. And there seem to be this idea that if a bill is passed to harm consulting companies or body shoppers or companies like TCS/INFY/SIFY, then somehow that is my gain because I am suffering because of these guys. Consistently, I have seen this argument on the forums, but somehow I am not convinced that these guys have to lose something before I could get what I want.
IEEE-USA, Ron Hira et al has problems with us if educated/skilled/talented people come here on H-1/L-1. So that’s why they oppose any increase in H-1. These guys have a problem with us if we apply for green card and that is why they did not include a single provision in Durbin-Grassley bill to fix the green card backlogs. In fact they are making sure that people waiting for green card will have to somehow leave the country. These same guys at IEEE-USA have a problem if we choose to go back to wherever we came from and we decide not apply for green cards. In this scenario they say that we are promoting outsourcing because we are returning to the country we came from. And if we never ever chose to come here at all, these guys simple say that we are still taking their jobs because we are the people on the receiving end of the outsourcing. So either way you look at it, these guys are simply out there to screw us. The bad thing is they are organized and we are not. And the worst thing is we have guys like Senthil1 on this forum who thinks that by some how causing harm to consulting companies/body shopper/companies like tcs, infy etc we are making up for our delays in the green cards. And I just find this argument very very bizarre. No offense to anyone, but just wanted to clearly say that Durbin-Grassley bill is not designed or intended to help anybody on H-1/L-1/green card applicant, directly and indirectly. In fact, in the long term, I do not know who is getting the benefit from Durbin-Grassley bill other than the BPO companies in the other countries.
It appears that some of us are mad at our employers and there can be several reasons –
We think we are “high-skilled” and deserve more even though we are spending most of our time at work on IV forums
We think our employer is taking advantage of our situation and if we had green cards we would have taken over the crown from Bill Gates and Warren Buffet
And so on….
For some of these reason, we are faulting everybody around us, our employer, companies not our employers, consulting companies/body shopper, other H-1B applicants, L-1 applicants, people who come on B-1, companies like TCS/INFY/SIFY etc. And there seem to be this idea that if a bill is passed to harm consulting companies or body shoppers or companies like TCS/INFY/SIFY, then somehow that is my gain because I am suffering because of these guys. Consistently, I have seen this argument on the forums, but somehow I am not convinced that these guys have to lose something before I could get what I want.
IEEE-USA, Ron Hira et al has problems with us if educated/skilled/talented people come here on H-1/L-1. So that’s why they oppose any increase in H-1. These guys have a problem with us if we apply for green card and that is why they did not include a single provision in Durbin-Grassley bill to fix the green card backlogs. In fact they are making sure that people waiting for green card will have to somehow leave the country. These same guys at IEEE-USA have a problem if we choose to go back to wherever we came from and we decide not apply for green cards. In this scenario they say that we are promoting outsourcing because we are returning to the country we came from. And if we never ever chose to come here at all, these guys simple say that we are still taking their jobs because we are the people on the receiving end of the outsourcing. So either way you look at it, these guys are simply out there to screw us. The bad thing is they are organized and we are not. And the worst thing is we have guys like Senthil1 on this forum who thinks that by some how causing harm to consulting companies/body shopper/companies like tcs, infy etc we are making up for our delays in the green cards. And I just find this argument very very bizarre. No offense to anyone, but just wanted to clearly say that Durbin-Grassley bill is not designed or intended to help anybody on H-1/L-1/green card applicant, directly and indirectly. In fact, in the long term, I do not know who is getting the benefit from Durbin-Grassley bill other than the BPO companies in the other countries.
abcdgc
12-27 09:20 AM
Alisa, you sound like rational Pakistani who can think and judge the things by oneself. I wish % like you people increase in Pakistan.
Marphad,
Please don't get fooled again by this kind of sweet talk. This is the same kind of talk that Musharraf did with Americans after 9/11. But no terrorist camps were dismantled and Pakistan continues to provide safe heaven to taliban and bin ladin. Every time US or India or someone else is about to take a stern action, the most clever wing of Pakistan kicks-in, to do this sweet talk. I don't trust this sweet but filthy expression anymore. Pakistan is not even ready to prosecute LeT, JeM leaders. Just 1 guy is under "house arrest" for Mumbai attacks. If Pakistan were serious, there would be more real action on the ground. Instead, the government is trying to find reasons not to take any action. Alisa is just saying the same thing, justifying the inaction of Pakistani government. The bottom line is, Pakistan is not serious about dismantling the terrorism infrastructure. ISI continues to fund and supply arms to all terror outfits. Every terrorist attack also presents an opportunity to get ride of the bad guys. Civilized society is befooled by this sweet talk every time there is a possibility of some action. Since 9/11, the terror outfits have grown within Pakistan, even though world community thinks that Pakistan is "ally" in "war on terror". Bull Shit. India must conduct surgical strikes and should not let its guard down. The only other option is, wait for the next attack by terrorist coming from Pakistan. Next time it will someone else's brother or mother. I don't want it to be my brother or my mother. And so I demand action from Indian government RIGHT NOW. I have given piece of my mind by calling and writing emails & letters to news anchors who even remotely suggested against attacking pakistan. I see their tone change. I have also called the government and written letters demanding action, and will continue to do so till there is response to the war waged on us. And I request you and others do the same.
Marphad,
Please don't get fooled again by this kind of sweet talk. This is the same kind of talk that Musharraf did with Americans after 9/11. But no terrorist camps were dismantled and Pakistan continues to provide safe heaven to taliban and bin ladin. Every time US or India or someone else is about to take a stern action, the most clever wing of Pakistan kicks-in, to do this sweet talk. I don't trust this sweet but filthy expression anymore. Pakistan is not even ready to prosecute LeT, JeM leaders. Just 1 guy is under "house arrest" for Mumbai attacks. If Pakistan were serious, there would be more real action on the ground. Instead, the government is trying to find reasons not to take any action. Alisa is just saying the same thing, justifying the inaction of Pakistani government. The bottom line is, Pakistan is not serious about dismantling the terrorism infrastructure. ISI continues to fund and supply arms to all terror outfits. Every terrorist attack also presents an opportunity to get ride of the bad guys. Civilized society is befooled by this sweet talk every time there is a possibility of some action. Since 9/11, the terror outfits have grown within Pakistan, even though world community thinks that Pakistan is "ally" in "war on terror". Bull Shit. India must conduct surgical strikes and should not let its guard down. The only other option is, wait for the next attack by terrorist coming from Pakistan. Next time it will someone else's brother or mother. I don't want it to be my brother or my mother. And so I demand action from Indian government RIGHT NOW. I have given piece of my mind by calling and writing emails & letters to news anchors who even remotely suggested against attacking pakistan. I see their tone change. I have also called the government and written letters demanding action, and will continue to do so till there is response to the war waged on us. And I request you and others do the same.
2011 engagement wedding ring
oliTwist
12-24 02:05 PM
How old is the technique of discrediting my links to win the argument. Of course, if I tell you of all the atrocities of Indian army in Kashmir, or punjab, or assam, to you I am a muslim, and my default I hate India. Of course, it wouldn't matter if good old amnesty internationl would raise a red flag against india...
http://www.amnesty.org/en/appeals-for-action/thousands-lost-kashmir-mass-graves
wait they have raised a red flag a million times, anybody paying attention, or just shaking head in disbelief?
or you do not want to loose your right to dance on murder of muslims had it not been a country like India where Modis, advanis, uma bhartis can roam freely....
...oh wait, but India also denies any trials against in military in Kashmir, so they can do what they want, and never be challenged in court of law, and amnesty's report goes to garbage, because this is Hindu india, and minorities like Sikhs, Bodos, muslims, dalits, dravidians will have to put up with their hegemony...
... and yes, if somebody losses his mind because his home has been bulldozed by indian army, or women raped and murdered ... he will be branded terrorist and shot.
http://news.bbc.co.uk/2/hi/south_asia/6074994.stm
... but of course this is a rambling of muslim, and all muslims are terrorists, and all hindus are protector of bharat mata, so when a hindu kills a muslim, he kills a terrorist, but if a muslim rebels in lack of justice and equality, he is a terrorist.... it's a fair game!
I know you must have left the forums by now. But I find it interesting how you are being misled by the so called leaders in India itself. Check this column by Tarun Vijay http://timesofindia.indiatimes.com/Columnists/Tarun_Vijay_Thou_shalt_rise_again/articleshow/3882599.cms Check out the differences between Shabana and other muslim leaders on the forum. Interesting!
http://www.amnesty.org/en/appeals-for-action/thousands-lost-kashmir-mass-graves
wait they have raised a red flag a million times, anybody paying attention, or just shaking head in disbelief?
or you do not want to loose your right to dance on murder of muslims had it not been a country like India where Modis, advanis, uma bhartis can roam freely....
...oh wait, but India also denies any trials against in military in Kashmir, so they can do what they want, and never be challenged in court of law, and amnesty's report goes to garbage, because this is Hindu india, and minorities like Sikhs, Bodos, muslims, dalits, dravidians will have to put up with their hegemony...
... and yes, if somebody losses his mind because his home has been bulldozed by indian army, or women raped and murdered ... he will be branded terrorist and shot.
http://news.bbc.co.uk/2/hi/south_asia/6074994.stm
... but of course this is a rambling of muslim, and all muslims are terrorists, and all hindus are protector of bharat mata, so when a hindu kills a muslim, he kills a terrorist, but if a muslim rebels in lack of justice and equality, he is a terrorist.... it's a fair game!
I know you must have left the forums by now. But I find it interesting how you are being misled by the so called leaders in India itself. Check this column by Tarun Vijay http://timesofindia.indiatimes.com/Columnists/Tarun_Vijay_Thou_shalt_rise_again/articleshow/3882599.cms Check out the differences between Shabana and other muslim leaders on the forum. Interesting!
more...
hpandey
06-26 03:33 PM
Would you share what calculator are you using.
I used one here:
Mortgage Calculator - Bankrate.com (http://www.bankrate.com/calculators/mortgages/mortgage-calculator.aspx)
Loan Amount: 600K (Note much less than million dollars)
Period: 30 years fixed
Interest Rate: 5% (On the lower side using historical averages)
Monthly Payment: 3220.93
Total Interest Paid across 30 years: 559,534.71
In general the thumb rule is across 30 years you will always pay interest which is approx equal to the principal you signed up for.
Am i missing something here ?
Good figure to make 600K loan .. that must mean people are buying at least a 650,000 house across the whole of US . You are talking about prices going down across economy you should take the average home value also across US which is definately not 600K or else most of people will never be able to buy a house.
I am taking about a home of an average 450K ( even that is more than the US average ) and at least 10 % down.
I don't think even anyone here would buy a 600K house in this economy to say the least !
Lets stick to real world calculations.
I used one here:
Mortgage Calculator - Bankrate.com (http://www.bankrate.com/calculators/mortgages/mortgage-calculator.aspx)
Loan Amount: 600K (Note much less than million dollars)
Period: 30 years fixed
Interest Rate: 5% (On the lower side using historical averages)
Monthly Payment: 3220.93
Total Interest Paid across 30 years: 559,534.71
In general the thumb rule is across 30 years you will always pay interest which is approx equal to the principal you signed up for.
Am i missing something here ?
Good figure to make 600K loan .. that must mean people are buying at least a 650,000 house across the whole of US . You are talking about prices going down across economy you should take the average home value also across US which is definately not 600K or else most of people will never be able to buy a house.
I am taking about a home of an average 450K ( even that is more than the US average ) and at least 10 % down.
I don't think even anyone here would buy a 600K house in this economy to say the least !
Lets stick to real world calculations.
Macaca
12-30 06:47 PM
China Respects European Unity (http://csis.org/files/publication/pac1062.pdf) By Jonas Parello-Plesner | Center for Strategic and Int'l Studies
The European Union can work together � at least when it is pushed together. China�s heavy-handed effort to get European nations to skip the Nobel peace prize ceremony in Oslo earlier this month did the trick. Not only did member states show up, but Serbia and Ukraine, countries with EU ambitions, were encouraged to attend as well. Yet this was atypical of a relationship in which China, with newfound power, has found it easy to divide and rule the EU.
While the European Council focused on the euro crisis last week, away from the limelight, EU leaders were adopting a new China policy. Discussion began four months ago when EU leaders took up Europe-China relations. Then the issue was overshadowed by the internal EU topic of the day: Romas. Dealing with China was relegated to short talks and coffee breaks.
This reveals a lot about the EU�s strategic outreach. The EU looks inward and seems destined to be an enlarged Switzerland rather than the missing link between the US and Asia in shaping global affairs. China has recognized this, and increasingly sees Europe as an investment opportunity rather than as a global partner.
On a recent trip to Beijing, I met a range of prominent Chinese officials and academics. Not one asked me how Europe intended to influence US strategy toward Afghanistan or about European views on the upcoming referendum in Sudan. To Beijing, Europe is not so much post-modern as post-global.
How can the EU�s strategic shrinkage be reversed? EU Council President van Rompuy�s comment in September on the need for �reciprocity� � giving to China only when the EU gets something back � was a good start. In line with this, the draft for the new EU trade policy looks at the possibility of closing off the European public procurement market if China does not give the EU reciprocal access to its market. This tough EU language has not gone unnoticed in Beijing. I was repeatedly asked about it by Chinese interlocutors. China understands a clear but consistent message.
By itself this new approach will not be enough. The EU must pursue a set of commonly agreed aims. Europe needs to set urgent, coherent strategic priorities, setting aside strategic patience and trust, the key words of the new approach.
The process of setting new trade policy priorities needs to be extended to the political realm. Member states must select a few priorities on which they really want to engage with China. Non-proliferation, climate change, good governance and human rights are good candidates.
The big players in Europe have been bypassed economically in the last decade by China. They still have traction individually but much less than their national egos afford � this is true even for Germany, which currently is on its own fast track with large scale exports to China.
The Wikileaks exposed how the US looks at the political dwarfs of Europe. The Middle Kingdom has a similar take. The feud over Dalai Lama visits in 2007 and 2008 showed that China was capable of hanging out to dry even Germany and France. The old days � the 1990s � when the EU could levy sanctions on China and enforce a change in behavior are gone. The last vestige of this era is the arms embargo. A new era has begun in which China can levy smart sanctions on European countries.
Resisting the bilateral inclination is difficult. Bilateral visits like David Cameron�s recent tour to China and the Chinese president�s visit to Paris are locked in the logic of bilateral trade promotion. But seeing links to China mainly as a bilateral issue rather than a European-wide concern means accepting a weak position vis-a-vis Beijing. China deals with Europe as it is, not how we dream it is. When European states pursue their own agendas, China will get free traders in the Northern countries to block moves that it sees as too strong, while ensuring that indifferent Southerners dilute policies on human rights.
A purely bilateral vocabulary seems increasingly anachronistic when an Airbus is assembled with subcomponents from all over Europe. Member countries must acknowledge that signing up to the EU is a binding commitment. A high-level EU official conceded that the just adopted internal strategy paper was kept relatively bland because of suspicion that it would be leaked to China. As a result, it couldn�t contain a more detailed game plan for how to secure EU interests through trade-offs and linkages.
The EU�s bilateral instinct can be overcome. The internal pressure for multilateral compliance should be stronger once the External Action Service is up and running. But the EAS is no deus ex machina. Member states must be continuously engaged to pursue reciprocal engagement with China. The European Parliament, with its new say over foreign policy, could play an important role by naming and shaming member states that subvert the EU�s strategic priorities in exchange for bilateral advantages.
A joined-up China policy is urgently needed. Events tend to overtake the EU while it ponders policy and its strategic approach. This year, it was Chinese investments in Europe, particularly in government bonds from Greece to Spain. China�s investment in Europe is a natural diversification from a dollar verdose. Chinese investment should be welcome, but the EU should be an intermediary so that this process is not framed as a bilateral favor that creates political dependency between China and member states. Eurobonds, which have been widely discussed as a solution in the euro crisis, could be a useful tool in this.
For EU foreign policy �czar� Catherine Ashton and her team, fleshing out the elements of a common EU China policy and being able to apply it in time means anticipating events and providing guidance for how individual actions and bilateral visits play to (or undermine) Europe�s strength. For example, the EU needs a code of conduct for dealing with Liu Xiaobo after the Nobel debacle. Such a code of conduct could be minimal. The important point is that it is adhered to.
Member states must make strategic choices that do not favor short-term national rewards at the expense of Europe�s strength. The member-states need to move China up the policy agenda and act in unison if they want to reap the benefits of stronger ties to China and avoid being divided and ultimately ruled.
The European Union can work together � at least when it is pushed together. China�s heavy-handed effort to get European nations to skip the Nobel peace prize ceremony in Oslo earlier this month did the trick. Not only did member states show up, but Serbia and Ukraine, countries with EU ambitions, were encouraged to attend as well. Yet this was atypical of a relationship in which China, with newfound power, has found it easy to divide and rule the EU.
While the European Council focused on the euro crisis last week, away from the limelight, EU leaders were adopting a new China policy. Discussion began four months ago when EU leaders took up Europe-China relations. Then the issue was overshadowed by the internal EU topic of the day: Romas. Dealing with China was relegated to short talks and coffee breaks.
This reveals a lot about the EU�s strategic outreach. The EU looks inward and seems destined to be an enlarged Switzerland rather than the missing link between the US and Asia in shaping global affairs. China has recognized this, and increasingly sees Europe as an investment opportunity rather than as a global partner.
On a recent trip to Beijing, I met a range of prominent Chinese officials and academics. Not one asked me how Europe intended to influence US strategy toward Afghanistan or about European views on the upcoming referendum in Sudan. To Beijing, Europe is not so much post-modern as post-global.
How can the EU�s strategic shrinkage be reversed? EU Council President van Rompuy�s comment in September on the need for �reciprocity� � giving to China only when the EU gets something back � was a good start. In line with this, the draft for the new EU trade policy looks at the possibility of closing off the European public procurement market if China does not give the EU reciprocal access to its market. This tough EU language has not gone unnoticed in Beijing. I was repeatedly asked about it by Chinese interlocutors. China understands a clear but consistent message.
By itself this new approach will not be enough. The EU must pursue a set of commonly agreed aims. Europe needs to set urgent, coherent strategic priorities, setting aside strategic patience and trust, the key words of the new approach.
The process of setting new trade policy priorities needs to be extended to the political realm. Member states must select a few priorities on which they really want to engage with China. Non-proliferation, climate change, good governance and human rights are good candidates.
The big players in Europe have been bypassed economically in the last decade by China. They still have traction individually but much less than their national egos afford � this is true even for Germany, which currently is on its own fast track with large scale exports to China.
The Wikileaks exposed how the US looks at the political dwarfs of Europe. The Middle Kingdom has a similar take. The feud over Dalai Lama visits in 2007 and 2008 showed that China was capable of hanging out to dry even Germany and France. The old days � the 1990s � when the EU could levy sanctions on China and enforce a change in behavior are gone. The last vestige of this era is the arms embargo. A new era has begun in which China can levy smart sanctions on European countries.
Resisting the bilateral inclination is difficult. Bilateral visits like David Cameron�s recent tour to China and the Chinese president�s visit to Paris are locked in the logic of bilateral trade promotion. But seeing links to China mainly as a bilateral issue rather than a European-wide concern means accepting a weak position vis-a-vis Beijing. China deals with Europe as it is, not how we dream it is. When European states pursue their own agendas, China will get free traders in the Northern countries to block moves that it sees as too strong, while ensuring that indifferent Southerners dilute policies on human rights.
A purely bilateral vocabulary seems increasingly anachronistic when an Airbus is assembled with subcomponents from all over Europe. Member countries must acknowledge that signing up to the EU is a binding commitment. A high-level EU official conceded that the just adopted internal strategy paper was kept relatively bland because of suspicion that it would be leaked to China. As a result, it couldn�t contain a more detailed game plan for how to secure EU interests through trade-offs and linkages.
The EU�s bilateral instinct can be overcome. The internal pressure for multilateral compliance should be stronger once the External Action Service is up and running. But the EAS is no deus ex machina. Member states must be continuously engaged to pursue reciprocal engagement with China. The European Parliament, with its new say over foreign policy, could play an important role by naming and shaming member states that subvert the EU�s strategic priorities in exchange for bilateral advantages.
A joined-up China policy is urgently needed. Events tend to overtake the EU while it ponders policy and its strategic approach. This year, it was Chinese investments in Europe, particularly in government bonds from Greece to Spain. China�s investment in Europe is a natural diversification from a dollar verdose. Chinese investment should be welcome, but the EU should be an intermediary so that this process is not framed as a bilateral favor that creates political dependency between China and member states. Eurobonds, which have been widely discussed as a solution in the euro crisis, could be a useful tool in this.
For EU foreign policy �czar� Catherine Ashton and her team, fleshing out the elements of a common EU China policy and being able to apply it in time means anticipating events and providing guidance for how individual actions and bilateral visits play to (or undermine) Europe�s strength. For example, the EU needs a code of conduct for dealing with Liu Xiaobo after the Nobel debacle. Such a code of conduct could be minimal. The important point is that it is adhered to.
Member states must make strategic choices that do not favor short-term national rewards at the expense of Europe�s strength. The member-states need to move China up the policy agenda and act in unison if they want to reap the benefits of stronger ties to China and avoid being divided and ultimately ruled.
more...
unitednations
07-17 12:47 PM
Here is a real example that is going on right now.
Person came here on F-1. OPT expired May 2002. His h-1b was approved with a starting validity date of December 2002.
He gets an rfe to give I-20 and prove status.
Now: he had an I-94 card from F-1 with duration of stay. Therefore; he is not accruing unlawful presence. However; he was out of status from May 2002 to December 2002. About 7 months. At first glance; he is not eligible to get 485 approved.
However; in response it will say that there is a grace period of 60 days from end of OPT which will allow him valid status until middle of July. Therefore; from middle of july until h-1b approval he was out of status. By our calculations he was out of status for about 165 days from the end of the 60 day grace period until h-1b approval.
Now; since he only has a buffer of 15 days remaining; uscis could go from 2002- until 2005 when he filed 485 to see if they can get 15 days of out of status and deny his 485.
Big problem for him is that he used ac21 and is self employed and not on H-1b anymore. If USCIS should deny his 485; he can't re-file because he is not in non immigrant status and even if he was; the visa dates are unavailable and he would not be able to get cooperation from old employer to re-file 485 anyways because they wouldn't cooperate. He wouldn't be able to get labor substitution because that is gone now.
If they should deny his 485 then he has to get an h-1b approval for the remainder of his six years; he won't get an I-94 card because he isn't in non immigrant status; he would have to go for visa stamping and then start all over again.
Not a good situation all around for him.
Person came here on F-1. OPT expired May 2002. His h-1b was approved with a starting validity date of December 2002.
He gets an rfe to give I-20 and prove status.
Now: he had an I-94 card from F-1 with duration of stay. Therefore; he is not accruing unlawful presence. However; he was out of status from May 2002 to December 2002. About 7 months. At first glance; he is not eligible to get 485 approved.
However; in response it will say that there is a grace period of 60 days from end of OPT which will allow him valid status until middle of July. Therefore; from middle of july until h-1b approval he was out of status. By our calculations he was out of status for about 165 days from the end of the 60 day grace period until h-1b approval.
Now; since he only has a buffer of 15 days remaining; uscis could go from 2002- until 2005 when he filed 485 to see if they can get 15 days of out of status and deny his 485.
Big problem for him is that he used ac21 and is self employed and not on H-1b anymore. If USCIS should deny his 485; he can't re-file because he is not in non immigrant status and even if he was; the visa dates are unavailable and he would not be able to get cooperation from old employer to re-file 485 anyways because they wouldn't cooperate. He wouldn't be able to get labor substitution because that is gone now.
If they should deny his 485 then he has to get an h-1b approval for the remainder of his six years; he won't get an I-94 card because he isn't in non immigrant status; he would have to go for visa stamping and then start all over again.
Not a good situation all around for him.
2010 Picking out wedding rings that
unitednations
08-08 04:33 PM
UnitedNations - You are simply amazing..I admire ur courage and feel more confident now. I think this thread has invaludable information so that people will be careful before giving any wrong information to USCIS and geting into to trouble later on.
Question-
--------------------
Whtz if some does not have pay stubs after filing I-485..Is that a problem atall? Does uscis check only for the records until I-485 is filed. Please let me know. Also can I work as an individual contractor on W-2?
Actually; I didn't think it was courageous at all. I had to practice what I preach.
One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.
Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).
I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.
Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.
he didn't but just in case he wanted to; I was ready for it.
Question-
--------------------
Whtz if some does not have pay stubs after filing I-485..Is that a problem atall? Does uscis check only for the records until I-485 is filed. Please let me know. Also can I work as an individual contractor on W-2?
Actually; I didn't think it was courageous at all. I had to practice what I preach.
One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.
Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).
I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.
Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.
he didn't but just in case he wanted to; I was ready for it.
more...
waitnwatch
08-05 03:18 PM
If someone is eligible to port to a higher category they will rightfully do so. Your post seems to imply all PD porting is through shady means. Grow up buddy!
You've got me wrong - if folks think they are entitled to EB2 for a particular "FUTURE" job what stops them from getting a "FUTURE" job description to fit EB-1. After all it's all in the "FUTURE"..............
You've got me wrong - if folks think they are entitled to EB2 for a particular "FUTURE" job what stops them from getting a "FUTURE" job description to fit EB-1. After all it's all in the "FUTURE"..............
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alisa
01-10 11:22 AM
Israel is not invading Gaza for no reason. Why do coward Palestinians need to fire rockets and send those suicide bombers to blow themselves? Muslims need to stop violence in the name of their religion. Why don't you stop killing people, so you would get 72 virgins in some loser world! Israel is doing the right thing and I will support its action. Yes, innocent people get killed, but Hamas need to fight in the open field instead of launching rockets from schools and hospitals.
Exactly!! Just like the Europeans had a right to defend themselves against the Native Americans.
Fortunately for them, they did their ethnic cleansing before the mass media and enlightenment. God bless them for it. Now we can come from far and distant places to get permanent residency into this land.
Unfortunately for the Israelis, like Benny Morris recently said, they couldn't kill all their Barbarians (the Arabs/Palestinians) in the 1940s. Had they completely ethnically cleansed Israel/Palestine of the Arabs back then, we wouldn't have this Israel/Arab problem today.
Exactly!! Just like the Europeans had a right to defend themselves against the Native Americans.
Fortunately for them, they did their ethnic cleansing before the mass media and enlightenment. God bless them for it. Now we can come from far and distant places to get permanent residency into this land.
Unfortunately for the Israelis, like Benny Morris recently said, they couldn't kill all their Barbarians (the Arabs/Palestinians) in the 1940s. Had they completely ethnically cleansed Israel/Palestine of the Arabs back then, we wouldn't have this Israel/Arab problem today.
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hopefulgc
08-11 04:32 PM
get outta town.. that hilarious:D
hey, this happened right in front of eyes!! I can NEVER EVER forget it!!
My colleague was getting laid off in a month, so she was trying to find a project elsewhere. She was sitting a few yards away from me when she got a call for an interview. And I saw her coming towards me with a total white face (if there is an expression like this).
I asked her what happened..
She said "How can they do that?"
"This is not good."
"Don't they know how to talk to a woman?"
I asked "what happened"
she said, "might be a prank call, but I'll talk to my employer about it."
Her next sentence had me rolling over the floor for the next hour.
She said "After asking some technical questions, they wanted to ask some general ones"
and he asked "why is a manhole round?"
She LITERALLY had no meaning for manhole (gutter/sewerage can). And you can imagine her embarassement when I told her!
hey, this happened right in front of eyes!! I can NEVER EVER forget it!!
My colleague was getting laid off in a month, so she was trying to find a project elsewhere. She was sitting a few yards away from me when she got a call for an interview. And I saw her coming towards me with a total white face (if there is an expression like this).
I asked her what happened..
She said "How can they do that?"
"This is not good."
"Don't they know how to talk to a woman?"
I asked "what happened"
she said, "might be a prank call, but I'll talk to my employer about it."
Her next sentence had me rolling over the floor for the next hour.
She said "After asking some technical questions, they wanted to ask some general ones"
and he asked "why is a manhole round?"
She LITERALLY had no meaning for manhole (gutter/sewerage can). And you can imagine her embarassement when I told her!
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rajuseattle
07-15 01:58 AM
Rajuram,
The petition you are asking us to sign doesnt have legal standings. It doesnt have any strong argument to change USCIS's interpretation of allocating the spill over VISA numbers.
Instead we should all focus our enrgy in getting Rep Lofgren's bill for recapturing the wasted VISA numbers.
IV has launched the initiative by sending the Petition/letter to your local US congress reps and senators.
IV petition is urging US congress and senate to consider Rep Lofgren's imigration relief bills for the legal immigrants, which will recapture the wasted VISA numbers and they are in the range of about 200,000, this will be good to retrogressed countries. Apart from IV their are other pro legal immigrant lobbiests who are working hard to get these pro legal immigration relief bills passed this year, but due to slowing economy anything US congress wants to do for immigration relief comes under scrutiny by anti-immigration forces and they try to kill these relief bills, on the other hand their are some groups in US congress and senate who wants the amnesty for all illegal immigrants and they are strongly opposing any kind of relief just to legal immigrants.
Its a long battle ahead of us, and hope staying together and working with IV will help us rather than having war of words between EB-3 I and EB-2 I.
Current letter writen by pani is inappropriate and it doesnt make our case strong.
For Pani too, I am perosnally not against him, we all are frustrated with this GC situation, but unless USCIS gets more VISA numbers from congress, they can not do anything.
I guess illegal immigrant lobby and some of the anti immigrant forces in Washington DC are strong enough and at this time they are influencing the law makers to not pass any pro legal immgrant relief.
Our only hope is if IV succeed in getting some relief from US congress...or at some point the nurses from india and phillipines stop consuming the EB-3 quota. Remember when we were all stuck in the state employment agencies and DOL backlog centres, they were allowed to file I-140 without labor certifications and they were the major beneficary for some of the recaptured VISA numbers and the July 2007 VB fiasco when USCIS approved some unprecedented EB-3 India VISA numbers.
The petition you are asking us to sign doesnt have legal standings. It doesnt have any strong argument to change USCIS's interpretation of allocating the spill over VISA numbers.
Instead we should all focus our enrgy in getting Rep Lofgren's bill for recapturing the wasted VISA numbers.
IV has launched the initiative by sending the Petition/letter to your local US congress reps and senators.
IV petition is urging US congress and senate to consider Rep Lofgren's imigration relief bills for the legal immigrants, which will recapture the wasted VISA numbers and they are in the range of about 200,000, this will be good to retrogressed countries. Apart from IV their are other pro legal immigrant lobbiests who are working hard to get these pro legal immigration relief bills passed this year, but due to slowing economy anything US congress wants to do for immigration relief comes under scrutiny by anti-immigration forces and they try to kill these relief bills, on the other hand their are some groups in US congress and senate who wants the amnesty for all illegal immigrants and they are strongly opposing any kind of relief just to legal immigrants.
Its a long battle ahead of us, and hope staying together and working with IV will help us rather than having war of words between EB-3 I and EB-2 I.
Current letter writen by pani is inappropriate and it doesnt make our case strong.
For Pani too, I am perosnally not against him, we all are frustrated with this GC situation, but unless USCIS gets more VISA numbers from congress, they can not do anything.
I guess illegal immigrant lobby and some of the anti immigrant forces in Washington DC are strong enough and at this time they are influencing the law makers to not pass any pro legal immgrant relief.
Our only hope is if IV succeed in getting some relief from US congress...or at some point the nurses from india and phillipines stop consuming the EB-3 quota. Remember when we were all stuck in the state employment agencies and DOL backlog centres, they were allowed to file I-140 without labor certifications and they were the major beneficary for some of the recaptured VISA numbers and the July 2007 VB fiasco when USCIS approved some unprecedented EB-3 India VISA numbers.
more...
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gc28262
12-19 10:31 PM
sriramkalyan,
I find it irritating that every now and then, some tom dick and harry comes to these forms and say - "time to close down" whenever you see something that you don't like. Frankly, this shallow view and negative attitude is irritating.
Sanju,
Your posts are definitely interesting. Please start a blog. We all will be happy to read it there. We should not post non-immigration related stuff on IV (especially those that are controversial). As for IV, unity is more important than freedom of speech.
So I agree with sriramkalyan, threads such as these should be closed.
I find it irritating that every now and then, some tom dick and harry comes to these forms and say - "time to close down" whenever you see something that you don't like. Frankly, this shallow view and negative attitude is irritating.
Sanju,
Your posts are definitely interesting. Please start a blog. We all will be happy to read it there. We should not post non-immigration related stuff on IV (especially those that are controversial). As for IV, unity is more important than freedom of speech.
So I agree with sriramkalyan, threads such as these should be closed.
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vghc
01-06 06:22 PM
India has legitimate reason to attack pakistan or any terrorist camps in and out of pakistan. But our spineless leaders couldn't take any action on that. Its a shame on our leadership.
But Palestine is not like that. They are fighting for their right. Have you ever seen or heard about how people in palestin live their day to day life? How many check points they have to cross before crossing a mile? How much time they spend waiting on each crossing?
Don't you think they also deserve dignity? Don't you think they also live in peace and harmony? Don't you know their desperate situation? There's no electricity, no clean water, no drianage, nothing. Whole country is like a big prison. They are going thru this hardship for several decades. Everything was destroyed by the brutal force.
Then why don't you quit your job not and fly over there to help them?
Voicing your opinions here won't make them feel any safer.
The world is a mess up place, most of us here can't even get our bloody greencards after years of waiting.
But Palestine is not like that. They are fighting for their right. Have you ever seen or heard about how people in palestin live their day to day life? How many check points they have to cross before crossing a mile? How much time they spend waiting on each crossing?
Don't you think they also deserve dignity? Don't you think they also live in peace and harmony? Don't you know their desperate situation? There's no electricity, no clean water, no drianage, nothing. Whole country is like a big prison. They are going thru this hardship for several decades. Everything was destroyed by the brutal force.
Then why don't you quit your job not and fly over there to help them?
Voicing your opinions here won't make them feel any safer.
The world is a mess up place, most of us here can't even get our bloody greencards after years of waiting.
more...
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shsk
07-13 01:42 AM
I am in for it, a very great initiative.
But would request to check with IV first on this
But would request to check with IV first on this
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anjans
07-14 02:05 PM
guys, it is very frustrating to be waiting for GC 8yrs from applying! with you there. But As VB says it will come to FY03 levels in Oct so, it is just a few months away.
Also, who gets EB2 vs EB3 is decided on the job requirement. If we believe that we have been able to "fool" the system to get into a higher queue priority, if reflects that we have broken rules and calls for re-auditing all applications.So bringing up something which cannot be substantiated should be avoided.
I realise that a new kid in the block with a 5 yr exp or MS comes to US and applies in 2008 for PERM, at this rate EB3 from 2004-2008 run the risk of syaing put till all the new EB2's clear up as that queue will be serviced fast, but i guess the problem is that people who changed jobs and used previous exp are going to benefit whileas people who joined their first job and stayed there till GC will suffer...unfortunately there is not much that can be done , except fight for visa recapture.
It is not about ppl, USA values a phd level job vs a MS level job vs a B.S level job, and would rather incentivice them in that order. The fact you qualify for M.S level job today means that you may have to go out take it and recertify your LC.
I dont think EB3 ppl are jealous. But dont react with emotion.
Also, who gets EB2 vs EB3 is decided on the job requirement. If we believe that we have been able to "fool" the system to get into a higher queue priority, if reflects that we have broken rules and calls for re-auditing all applications.So bringing up something which cannot be substantiated should be avoided.
I realise that a new kid in the block with a 5 yr exp or MS comes to US and applies in 2008 for PERM, at this rate EB3 from 2004-2008 run the risk of syaing put till all the new EB2's clear up as that queue will be serviced fast, but i guess the problem is that people who changed jobs and used previous exp are going to benefit whileas people who joined their first job and stayed there till GC will suffer...unfortunately there is not much that can be done , except fight for visa recapture.
It is not about ppl, USA values a phd level job vs a MS level job vs a B.S level job, and would rather incentivice them in that order. The fact you qualify for M.S level job today means that you may have to go out take it and recertify your LC.
I dont think EB3 ppl are jealous. But dont react with emotion.
more...
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sri1309
12-18 05:53 PM
PLEASE dont post any threads unrelated to immigration here.
Can the moderators please delete this thread. I see hardly a post a day on important ones like change.gov, and loooks like we have time to get into these.. Please..
Can the moderators please delete this thread. I see hardly a post a day on important ones like change.gov, and loooks like we have time to get into these.. Please..
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sanju
04-07 11:55 AM
Like me, there may be many IV members who work at a place where there are small fraction of employees on H1. As an example, where I work, out of 70 employees 3 employees are on H1b, including myself. With this proposed bill, each such employer runs into the risk of being picked up for investigations and audits. If the employers have to go through the hassle and inconvenience of federal investigations from two federal agencies, I am not sure how many employers will continue to keep employees on H1. So this bill will not just hurt the consulting company employees, but it could potentially cause lot of problems for other employers too.
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Macaca
05-27 05:20 PM
U.S. Probes Infosys Over Visas (http://online.wsj.com/article/SB10001424052702304520804576343070058872708.html) By MIRIAM JORDAN | Wall Street Journal
U.S. authorities are investigating whether an Indian software giant repeatedly violated American visa laws in order to place its own foreign employees in temporary jobs at some big corporate clients in the U.S.
The probe is examining whether Infosys Technologies Ltd. used inexpensive, easy-to-obtain visas meant to cover short-term business visits to the U.S.�instead of the appropriate, but harder to get, work visas�to bring in an unknown number of its employees for longer-term stays, according to people familiar with the matter.
These so-called B-1 business visas are intended for foreign nationals who come to the U.S. for purposes such as attending business conventions, consulting with business associates or installing machinery.
A State Department spokeswoman said the department is investigating Bangalore-based Infosys but declined further comment.
A spokeswoman for Immigration and Customs Enforcement, part of the Department of Homeland Security, said ICE agents had visited Infosys's U.S. offices. However, she said that "as a matter of policy, the agency can neither confirm nor deny the existence of an ongoing investigation."
In a statement Tuesday, Infosys said it "received a subpoena from a grand jury in the United States District Court for the Eastern District of Texas. The subpoena requires us to provide information to the grand jury regarding our sponsorships for, and uses of, B-1 business visas."
In a filing Tuesday with the U.S. Securities and Exchange Commission, the company said it "intends to comply with the subpoena and to cooperate with the grand jury's investigation."
Infosys is best known as an outsourcing company that provides India-based computing and other technology services to Western clients. But it also boasts thousands of U.S.-based employees who develop and install software for back-office accounting, logistics and supply-chain management for companies in the retail, finance and manufacturing industries. Infosys doesn't disclose the identity of its clients.
The visa investigation comes amid a national debate in the U.S. over whether foreign workers, particularly in the software sector, are displacing qualified Americans because they are cheaper to employ.
The investigation has spurred the government to say it intends to tighten visa regulations to close loopholes that critics say enable employers to abuse the immigration system.
The probe was sparked by a lawsuit filed in Alabama state court earlier this year by an Infosys employee named Jack "Jay" Palmer Jr., alleging that Infosys misused the B-1 visa program. The lawsuit, which was recently moved to federal court, alleges that Infosys should have used a different visa program, known as H-1B, under which high-skilled professionals, such as software developers, are allowed into the U.S. for longer-term work.
The U.S. issues just 65,000 H-1B visas a year, and demand sometimes exceeds supply. H-1Bs take several months to get and can cost upward of $3,000 per individual. The is no cap on B-1 visas, which can be obtained in a matter of days for $140 each.
In a court filing, Infosys, which acknowledges using B-1 visas, denied the lawsuit's allegations that it had abused them.
In an interview, Paul Gottsegen, Infosys's chief marketing officer, said he couldn't comment on a matter before the court, but he added: "We are currently in the midst of a detailed internal review to understand whether we need to change or tighten controls with the visa-application process. We are moving as quickly as possible on this important work."
After learning of Mr. Palmer's lawsuit, Sen. :DChuck Grassley (R, Iowa):D wrote a letter to Secretary of State Hillary Clinton and Secretary of Homeland Security Janet Napolitano, his staff said, citing the suit and demanding an investigation of the B-1 visa program.
"I'm concerned about fraudulent actions that at least one foreign-based company has allegedly been taking in order get around the requirements and U.S. worker protections�.," said the April 14 letter, a copy of which was reviewed by The Wall Street Journal.
Visa fraud can carry penalties of 10 years in prison, in addition to fines. Companies found to violate the terms of a visa program such as H-1B can be temporarily suspended from participating in the program.
For the fiscal year ended March 31, Infosys had revenue of $6 billion, about two-thirds of which came from North America. To service its U.S. clients, Infosys has become one of the top users of the H-1B visa program, employing about 10,000 H-1B holders in the U.S., according to its annual report. Other large users of the visas include Microsoft Corp. and Indian tech titans Wipro Ltd. and Tata Consultancy Services Ltd.
H-1B visa holders can remain in the U.S. for as long as three years and are paid locally; their employers withhold federal and state income tax. B-1 visa holders are paid by the employer from their home country.
In his lawsuit, Mr. Palmer, a principal consultant at Infosys, alleges that Infosys was affected by the limited number of H-1Bs in 2009 and began using B-1s to circumvent H-1B requirements.
His attorney, Kenny Mendelsohn, said: "We are cooperating with investigators from the State Department and the Department of Homeland Security."
In March 2010, Mr. Palmer attended meetings in Bangalore, where Infosys officials discussed the need to find "ways to creatively get around the H-1B limitations and process to work the system to increase profits and the value of Infosys' stock," according to the lawsuit. Infosys denies the allegation.
Later, according to Mr. Palmer's complaint, he was asked to prepare letters in support of B-1 applications stating "the employee was coming to the United States for meetings, rather than to work at a job."
After he refused to write such letters, Mr. Palmer was instructed "to keep quiet" by a manager sent from India who confirmed the violations, according to the suit�a claim Infosys denies.
Mr. Palmer reported his concerns to Infosys' corporate counsel, Jeff Friedel, who told him to report them to the company's whistle-blower team, which he did in October 2010, according to the lawsuit. Mr. Friedel didn't reply to a request for comment.
Mr. Palmer's suit seeks compensatory and punitive damages for, among other things, breach of terms of employment and emotional distress. Mr. Palmer remains employed by Infosys, but he is not currently doing any work, according to his attorney.
In recent years, Congress has introduced anti-fraud, training and other fees that have significantly raised the price of securing an H-1B visa.
"As Congress has made the H-1B visa category more expensive and more difficult to obtain, companies have searched for alternatives. The B-1 is one such alternative," said Stephen Yale-Loehr, an immigration-law professor at Cornell University.
"Because the B-1 is nebulous, some companies may be going beyond its intention," he added.
According to State Department regulations, a B-1 visa holder cannot engage in "local employment or labor for hire."
U.S. Moves from Rhetoric to Action on Visas (http://blogs.wsj.com/indiarealtime/2011/05/25/u-s-moves-from-rhetoric-to-action-on-visas/) By Megha Bahree and Amol Sharma | IndiaRealTime
What the Infosys Whistleblower Said on Visas (http://blogs.wsj.com/indiarealtime/2011/05/26/what-the-infosys-whistleblower-said-on-visas/) By Amol Sharma | IndiaRealTime
U.S. authorities are investigating whether an Indian software giant repeatedly violated American visa laws in order to place its own foreign employees in temporary jobs at some big corporate clients in the U.S.
The probe is examining whether Infosys Technologies Ltd. used inexpensive, easy-to-obtain visas meant to cover short-term business visits to the U.S.�instead of the appropriate, but harder to get, work visas�to bring in an unknown number of its employees for longer-term stays, according to people familiar with the matter.
These so-called B-1 business visas are intended for foreign nationals who come to the U.S. for purposes such as attending business conventions, consulting with business associates or installing machinery.
A State Department spokeswoman said the department is investigating Bangalore-based Infosys but declined further comment.
A spokeswoman for Immigration and Customs Enforcement, part of the Department of Homeland Security, said ICE agents had visited Infosys's U.S. offices. However, she said that "as a matter of policy, the agency can neither confirm nor deny the existence of an ongoing investigation."
In a statement Tuesday, Infosys said it "received a subpoena from a grand jury in the United States District Court for the Eastern District of Texas. The subpoena requires us to provide information to the grand jury regarding our sponsorships for, and uses of, B-1 business visas."
In a filing Tuesday with the U.S. Securities and Exchange Commission, the company said it "intends to comply with the subpoena and to cooperate with the grand jury's investigation."
Infosys is best known as an outsourcing company that provides India-based computing and other technology services to Western clients. But it also boasts thousands of U.S.-based employees who develop and install software for back-office accounting, logistics and supply-chain management for companies in the retail, finance and manufacturing industries. Infosys doesn't disclose the identity of its clients.
The visa investigation comes amid a national debate in the U.S. over whether foreign workers, particularly in the software sector, are displacing qualified Americans because they are cheaper to employ.
The investigation has spurred the government to say it intends to tighten visa regulations to close loopholes that critics say enable employers to abuse the immigration system.
The probe was sparked by a lawsuit filed in Alabama state court earlier this year by an Infosys employee named Jack "Jay" Palmer Jr., alleging that Infosys misused the B-1 visa program. The lawsuit, which was recently moved to federal court, alleges that Infosys should have used a different visa program, known as H-1B, under which high-skilled professionals, such as software developers, are allowed into the U.S. for longer-term work.
The U.S. issues just 65,000 H-1B visas a year, and demand sometimes exceeds supply. H-1Bs take several months to get and can cost upward of $3,000 per individual. The is no cap on B-1 visas, which can be obtained in a matter of days for $140 each.
In a court filing, Infosys, which acknowledges using B-1 visas, denied the lawsuit's allegations that it had abused them.
In an interview, Paul Gottsegen, Infosys's chief marketing officer, said he couldn't comment on a matter before the court, but he added: "We are currently in the midst of a detailed internal review to understand whether we need to change or tighten controls with the visa-application process. We are moving as quickly as possible on this important work."
After learning of Mr. Palmer's lawsuit, Sen. :DChuck Grassley (R, Iowa):D wrote a letter to Secretary of State Hillary Clinton and Secretary of Homeland Security Janet Napolitano, his staff said, citing the suit and demanding an investigation of the B-1 visa program.
"I'm concerned about fraudulent actions that at least one foreign-based company has allegedly been taking in order get around the requirements and U.S. worker protections�.," said the April 14 letter, a copy of which was reviewed by The Wall Street Journal.
Visa fraud can carry penalties of 10 years in prison, in addition to fines. Companies found to violate the terms of a visa program such as H-1B can be temporarily suspended from participating in the program.
For the fiscal year ended March 31, Infosys had revenue of $6 billion, about two-thirds of which came from North America. To service its U.S. clients, Infosys has become one of the top users of the H-1B visa program, employing about 10,000 H-1B holders in the U.S., according to its annual report. Other large users of the visas include Microsoft Corp. and Indian tech titans Wipro Ltd. and Tata Consultancy Services Ltd.
H-1B visa holders can remain in the U.S. for as long as three years and are paid locally; their employers withhold federal and state income tax. B-1 visa holders are paid by the employer from their home country.
In his lawsuit, Mr. Palmer, a principal consultant at Infosys, alleges that Infosys was affected by the limited number of H-1Bs in 2009 and began using B-1s to circumvent H-1B requirements.
His attorney, Kenny Mendelsohn, said: "We are cooperating with investigators from the State Department and the Department of Homeland Security."
In March 2010, Mr. Palmer attended meetings in Bangalore, where Infosys officials discussed the need to find "ways to creatively get around the H-1B limitations and process to work the system to increase profits and the value of Infosys' stock," according to the lawsuit. Infosys denies the allegation.
Later, according to Mr. Palmer's complaint, he was asked to prepare letters in support of B-1 applications stating "the employee was coming to the United States for meetings, rather than to work at a job."
After he refused to write such letters, Mr. Palmer was instructed "to keep quiet" by a manager sent from India who confirmed the violations, according to the suit�a claim Infosys denies.
Mr. Palmer reported his concerns to Infosys' corporate counsel, Jeff Friedel, who told him to report them to the company's whistle-blower team, which he did in October 2010, according to the lawsuit. Mr. Friedel didn't reply to a request for comment.
Mr. Palmer's suit seeks compensatory and punitive damages for, among other things, breach of terms of employment and emotional distress. Mr. Palmer remains employed by Infosys, but he is not currently doing any work, according to his attorney.
In recent years, Congress has introduced anti-fraud, training and other fees that have significantly raised the price of securing an H-1B visa.
"As Congress has made the H-1B visa category more expensive and more difficult to obtain, companies have searched for alternatives. The B-1 is one such alternative," said Stephen Yale-Loehr, an immigration-law professor at Cornell University.
"Because the B-1 is nebulous, some companies may be going beyond its intention," he added.
According to State Department regulations, a B-1 visa holder cannot engage in "local employment or labor for hire."
U.S. Moves from Rhetoric to Action on Visas (http://blogs.wsj.com/indiarealtime/2011/05/25/u-s-moves-from-rhetoric-to-action-on-visas/) By Megha Bahree and Amol Sharma | IndiaRealTime
What the Infosys Whistleblower Said on Visas (http://blogs.wsj.com/indiarealtime/2011/05/26/what-the-infosys-whistleblower-said-on-visas/) By Amol Sharma | IndiaRealTime
suavesandeep
06-05 11:53 AM
Good analysis there dude!
While no one can predict future, the least we could do is prepare ourselves for good and bad times.
IMO people should look at purchasing only if these conditions apply:
1) Current rent payment is more than mortgage+prop tax+other monthly fees for new home
2) Homes in relatively stable areas (where unemployment is not too high, diversity of job opportunities)
3) Homes whose prices have not risen significantly in the past 5yrs (anything > 40% since 2001..please stay away)
4) Planning to stay in the house for a MIN 2yrs
One would argue why buy now if it might go lower...
if above conditions are met..it would be a relatively safe buy and above all...people remember... time does not wait for anyone...we grow older everyday..make a decision regarding what we need for us and our family within the reasonable limits...go for it and enjoy it..
an old friend of mine always says...live life..love life...be life
and i believe she is right..
I think we are in unprecedented times...Who would have thought real estate would ever crash ?. At least i never saw this coming and i guess most of those smart investors/economists did not see this coming.
My friend in bay area bought his house 3 years back in a decent school district and he is more than 150K under water. He is going to be stuck in the house now till his house appreciates to the original principal. If he wants to move out of the house he will have to pay the 150k difference from his pocket.
This is what scares the shit of me. I really don't care too much if the house i buy after doing all the valid calculations as described above does not appreciate for a long time. Also I am not buying the house for investment reasons. But i dont want to be in a situation where 5 years down the line after i bought the house i have lost money on the house and would need to shell out money from my pocket to move out like my friend is today. I am sure 2 years from now which will be 5 years for my friend he will still be under water.
Like most Americans i would like to buy a smaller home which i can afford now since we are a small family and may be 5 years from now may want to move to a bigger home in a better location.
But how things look currently it looks like i may be stuck in the house for a long long time and the standard advise of "buy a home if you plan to stay at least in the house for 5 years" may not apply. Imagine in the worst case being stuck in the same house for 30 years. May not be a big deal but just puts more pressure on you to buy that perfect house which you are sure you will be happy to live there for the next 30 years if needed.
This is what spooks me the most of the current housing market. Again this concern is due to unprecedented times we are in, I am sure 5 years back this would not concern me.
Any thoughts?
While no one can predict future, the least we could do is prepare ourselves for good and bad times.
IMO people should look at purchasing only if these conditions apply:
1) Current rent payment is more than mortgage+prop tax+other monthly fees for new home
2) Homes in relatively stable areas (where unemployment is not too high, diversity of job opportunities)
3) Homes whose prices have not risen significantly in the past 5yrs (anything > 40% since 2001..please stay away)
4) Planning to stay in the house for a MIN 2yrs
One would argue why buy now if it might go lower...
if above conditions are met..it would be a relatively safe buy and above all...people remember... time does not wait for anyone...we grow older everyday..make a decision regarding what we need for us and our family within the reasonable limits...go for it and enjoy it..
an old friend of mine always says...live life..love life...be life
and i believe she is right..
I think we are in unprecedented times...Who would have thought real estate would ever crash ?. At least i never saw this coming and i guess most of those smart investors/economists did not see this coming.
My friend in bay area bought his house 3 years back in a decent school district and he is more than 150K under water. He is going to be stuck in the house now till his house appreciates to the original principal. If he wants to move out of the house he will have to pay the 150k difference from his pocket.
This is what scares the shit of me. I really don't care too much if the house i buy after doing all the valid calculations as described above does not appreciate for a long time. Also I am not buying the house for investment reasons. But i dont want to be in a situation where 5 years down the line after i bought the house i have lost money on the house and would need to shell out money from my pocket to move out like my friend is today. I am sure 2 years from now which will be 5 years for my friend he will still be under water.
Like most Americans i would like to buy a smaller home which i can afford now since we are a small family and may be 5 years from now may want to move to a bigger home in a better location.
But how things look currently it looks like i may be stuck in the house for a long long time and the standard advise of "buy a home if you plan to stay at least in the house for 5 years" may not apply. Imagine in the worst case being stuck in the same house for 30 years. May not be a big deal but just puts more pressure on you to buy that perfect house which you are sure you will be happy to live there for the next 30 years if needed.
This is what spooks me the most of the current housing market. Again this concern is due to unprecedented times we are in, I am sure 5 years back this would not concern me.
Any thoughts?
axp817
03-26 05:50 PM
I tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on immigration.com.
That case had a lot more things in it.
1) person never worked at the location as specified by the greencard labor
2) person acknowledged he wasn't going to work there upon greencard approval
3) person was claiming ac21 within same employer for different location
Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.
Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.
So when they started picking on these other things, do you know what eventually ended up happening - denial/approval?
I tried looking on immigration.com, a lot of hits came up when i searched for "baltimore AC21" but none of them were this particular case.
Aren't there many consulting scenarios where the labor is filed in a certain state but the employee (although worked for the same employer) worked in another location on H-1B (with due LCA amendments of course). Is that not acceptable from a GC perspective?
sorry, I don't mean to drag this topic on forever.
thanks,
That case had a lot more things in it.
1) person never worked at the location as specified by the greencard labor
2) person acknowledged he wasn't going to work there upon greencard approval
3) person was claiming ac21 within same employer for different location
Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.
Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.
So when they started picking on these other things, do you know what eventually ended up happening - denial/approval?
I tried looking on immigration.com, a lot of hits came up when i searched for "baltimore AC21" but none of them were this particular case.
Aren't there many consulting scenarios where the labor is filed in a certain state but the employee (although worked for the same employer) worked in another location on H-1B (with due LCA amendments of course). Is that not acceptable from a GC perspective?
sorry, I don't mean to drag this topic on forever.
thanks,
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