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Tuesday, July 5, 2011

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  • sledge_hammer
    12-17 04:31 PM
    You're from Camaroon, what are you getting all worked up about?

    I told you guys.. This site name should HIV-Hindu Immigration VoiceNow





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  • Macaca
    05-30 05:36 PM
    Visa Case Lawyer Reveals Infosys Tactics (http://blogs.wsj.com/indiarealtime/2011/05/30/visa-case-lawyer-reveals-infosys-tactics/) By Amol Sharma and Megha Bahree | IndiaRealTime

    The lawyer for the U.S. employee of Infosys Technologies Ltd. who is alleging in a civil suit that his employer engaged in visa fraud and then tried to cover it up shared some details about the Indian outsourcing firm�s response to the suit so far.

    The lawsuit was filed in February in Circuit Court in Alabama and has sparked a high-stakes criminal probe of Infosys by U.S. federal investigators.

    Infosys doesn�t want a jury trial in the civil case and is pressing for arbitration, a mechanism in the U.S. system whereby a neutral third party resolves a dispute, according to Kenny Mendelsohn, a lawyer for Mr. Palmer. A federal judge will decide that matter.

    Mr. Mendelsohn, who emailed India Real Time a status update on the case, suggested that Mr. Palmer�s work laptop�which he says contains documents that would substantiate the claim of visa violations�has become a crucial piece of evidence in the case.

    He says Infosys tried to get the laptop back after Mr. Palmer started cooperating several months ago with U.S. authorities, who took interest in the case.

    �When Infosys learned that Mr. Palmer was cooperating with the Investigators, it demanded that he turn the laptop over to Infosys and threatened to fire him if he did not,� Mr. Mendelsohn wrote in the email. �However, Mr. Palmer on my advice opted to secure the laptop and the Investigators now have it.�

    Infosys said it was only following the law in seeking access to the computer after Mr. Mendelsohn filed his suit.

    �The notion that in this instance we have attempted to do anything inappropriate with respect to a company issued computer maintained by an employee is simply not accurate. In any context in which the company is involved in litigation or is otherwise required to preserve documents and electronic records, the law requires us to both secure and maintain copies of those records,� said the firm in an emailed statement. �That is precisely the practice that any company would follow in this situation and it is precisely what we have attempted to do here.�

    Infosys did not comment on the question of seeking arbitration or on Mr. Palmer�s present work status with the company.

    Mr. Palmer still works at Infosys but is �on the bench,� which means he is drawing a salary but isn�t staffed on any projects and is sitting at home, according to his lawyer.

    �He is not doing any work, but has continually contacted Infosys requesting another assignment,� Mr. Mendelsohn wrote. �Even though Mr. Palmer has received information that there are numerous positions available that could use him, Infosys still has not sent him to another assignment.�



    Fixing Congress (http://bostonreview.net/BR36.3/ndf_jim_cooper_fixing_congress.php) By Jim Cooper | Boston Review
    Coaching and Much More for Chinese Students Looking to U.S. (http://www.nytimes.com/2011/05/30/business/global/30college.html) By DAN LEVIN | The New York Times
    Is multiculturalism in Europe dead? (http://www.todayszaman.com/columnist-245422-is-multiculturalism-in-europe-dead.html) By Amanda Paul | Sunday's Zaman
    A Crackdown on Employing Illegal Workers (http://www.nytimes.com/2011/05/30/us/politics/30raid.html) By JULIA PRESTON | The New York Times
    Trust but E-Verify (http://www.nytimes.com/2011/05/30/opinion/30douthat.html) By ROSS DOUTHAT | The New York Times
    Justices� Arizona Ruling on Illegal Immigration May Embolden States (http://www.nytimes.com/2011/05/28/us/politics/28immigration.html) By JULIA PRESTON | The New York Times
    How the Other Half Lives, Still (http://www.nytimes.com/2011/05/27/opinion/27fri3.html) The New York Times Editorial
    High court lets Arizona usurp federal role on immigration (http://www.washingtonpost.com/opinions/high-court-lets-arizona-usurp-federal-role-on-immigration/2011/05/26/AGqXlyCH_story.html) The Washington Post Editorial
    Immigrant-Law Ruling Irks Some Businesses (http://online.wsj.com/article/SB10001424052702303654804576349834244083052.html) By MIRIAM JORDAN And DANNY YADRON | Wall Street Journal





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  • nojoke
    01-01 12:23 PM
    Do you think Indian strikes on Pakistan, or a war between India and Pakistan, is going to weaken these guys, or strengthen them?
    What would be dumb now?



    Suppose there are theives from Bihar that come and rob you in West Bengal.
    You can either send your West Bengal police into Bihar, and turn it into a rivalry between two police departments. And a rivalry between two provinces.
    Or you have the two police departments work together to reduce crime rate in the future.

    You are delusional. Your example is no way related to what is happening. I don't know if I should explain the difference. 'You can wake up a sleeping man, but you cannot wake up a man pretending sleeping'. I have a feeling that you are simply trolling here.
    The attack on pakistan terrorist camps is not to defeat terrorist, but to send a message to pakistan government to get serious. Either take action on these terrorist or we will do it. (It is more like humilating pakistan that we can do this and world is on our side and you better do something about this problem). We ask Azad Masood now because, if we get one guy out of pakistan, all other terrorists would realize that they cannot have a safe haven in pakistan. At least they won't be preaching openly in the public to go and bomb India.
    So stop trolling:D





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  • unitednations
    08-09 01:38 PM
    UN,

    Did you face any questions about "Same or Similar" in the interview particularly for the time period when you were self employed?

    Can you throw some light on how to handle the scenarios where the proferred wage is much lower than the current wage and once someone invokes AC21 the offered wage can be much higher . I understand that this scenario can be problematic in case of "future job" GCs.

    My understanding of AC21 is this .. Dont invoke AC21 unless otherwise absolutely necessary?

    This has been written about to many times. You need to research this on immigration.com.

    As I said in the law while 485 is pending you do not have to do anything; you can do something totally irrelevant to what your employment is going to be upon greencard approval.

    However; uscis starts digging into intent. I wasn't porting to self employment. I was porting to a different company upon greencard approval.

    they were going to try to assess that if I was making too much money then how would i take another job with lower salary.

    I personally don't agree with porting to self employment upon greencard approval (many have but we'll see if they should tighten it up). If you are a one person company; then how can the job be same/similar. You would have been doing the finance, marketing and the software engineer work. That in itself wouldn't make it a same/similar job.

    My labor wasn't broad. if they were looking at same/similar; it would have been impossible for me to meet it. The position I had and the job duties were probably only available in maybe less then 25 companies. (one of the job duties was administering offshore investment companies).

    Now; keep in mind; greencard meant absolutely nothing to me. I got into this because of what happened to my 140 and i took it as a challenge from uscis.



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  • ssa
    07-14 02:13 PM
    About same time last year we had different "schism" on these forums: July 2007 filers with approved labor who could file their 485s Vs those with older PDs but unfortunately stuck in BECs. Most of Eb3s who are outraged today are July 2007 filers. Any guesses how many of them requested BEC victims back then "to be happy" for others and not rock the boat?

    The unfortunate fact is that although everyone here is convinced of their moral high ground it is nothing more than self-preservation at the end. If it was just that it would still be fine (human nature) but still more unfortunate is the fact that we as a group never get this riled up - except few notable and respected exceptions - as long as everyone is equally miserable. Only if we had so much participation in all action items (admin fixes, house bills, funding drive etc.)...





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  • delax
    07-13 05:17 PM
    Delax, EB1 with PD 2008 is getting their GC within months not because they utilize an 100% spill over from 'somewhere'. It is just because they do not have enough applicants in the queue and hence no retrogression.

    Honestly, 'i don't think' the 'advantage' that EB3 and EB2 have - using spillover from other categories. Correct me if I was wrong.

    willwin - What we are essentially saying is to artificially retrogress EB2 than it otherwise would have so that an EB3 who is waiting for 7 years gets his GC first - thats really what the spillover break up will do. Similarly an argument can be made to artificially retrogress EB1 so that an EB2 who is waiting for 4 years gets his GC first.
    Whether EB1 is presently retrogressed or not doesn't matter.
    Let's think about this for a moment. We are trying to completely negate the category preference established by law and asking them to grant GC's based solely on PD regardless of category.
    Ain't gonna happen - dont want to be a pessimist but at some point we have to call it as we see it.



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  • satishku_2000
    05-16 12:09 AM
    What do you about how I came to the country!? I came here to take a full-time job with an American employer. I get paid above minimum wage and had a solid offer for the job BEFORE the company submitted the H-1B application.

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

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

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

    mbdriver

    The deal with india is its home to billion people on the planet. Most of these companies recruit from India for same reason why Walmart gets most of its products from China. Free markets and Globalization is not a one way street. If american companies are so good and so caring they dont outsource , they outsource to further their bottomlines. If American companies dont want to outsource all these consulting companies will go out of business overnight.

    As far as your comments about employees from India .. most of these companies are listed in NASDAQ and NYSE (INFY, SAY, WIT).. At least some americans are share holders/owners of these companies. Dont be surprised to know the fact that some americans are on the boards of these companies .Let me make one thing clear, I am not a big fan of these companies , Infact I used work for of these companies and I have first hand experience how these companies treat their employees.

    If any one violates any law he or she should be brought to justice. I am not quite sure what laws these companies have violated. In this country any one is innocent till proven guilty.

    I totally understand your frustration with your VISA situation and hope and pray that you win VISA in the "lottery" .





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  • gc28262
    12-22 05:43 PM
    On the other hand if some one is attacking me in my home and/or hurting my family or freinds, I have full rights to defend and call for justice to prosecute the attacker, in this case declaring Pakistan a terrorist country.

    So you don't consider Kashmir as part of your home. Majority of Indians think Kashmir is part of India.

    Where does the boundary of your little world end? I know the boundary starts with you. How big is that world ?

    It is so enlightening to learn that you care for people other than yourself.



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  • gc4me
    12-17 03:57 PM
    Is it 200 not 2000 :D

    People like Antulay are real traitors of India. Who know they may be taking instructions from Pakistan ISI? Such people go unpunish is the main reason India was slave for 2000 years.





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  • nojoke
    04-06 04:24 PM
    The truth is probably between the extreme pessimism in this post and the unbridled optimism in other posts.



    No. The truth is we are going to see a severe correction. .We need to wake up and stop being in denial. I have shown proof that there are already 50% reduction in some areas from my previous quotes. This is just the begining.



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  • GCScrewed
    07-13 08:29 PM
    I dont agree at all!!!!!!!

    How can you give consideration to people already in line at the expense of other people from a higher preference category also waiting patiently in line. Regardless of the duration of the wait EB3 is a lower prefrence category and will remain so under any interpretation. Remember that even under the 'old' interpretation EB3-I only got visa numbers after passing through the EB3 ROW and the EB2-I gate.

    Notwithstanding the 'new' interpretation, an argument can always be made that the 'old' interpretation was not only wrong but blatantly wrong where EB3ROW was given preference over an EB2 retro country.

    The only fix for this is elimination of country cap and/or increase in number of visas. The means to acheive that goal may be legislative or administrative. I'll defer to the experts on that!

    Can't beleive people can sound so arrogant. That's exactly some of the hispanic politicians unwilling to provide any relief to any employment based immigration. Some people think they are "superior" than others, the so called "smartest", "brightest", "highly skilled". A country like the US needs people from a diverse background. It does not need all the Phds or masters. It needs chefs, agriculture workers, doctors, nurses, business persons, all backgrounds. Can you imagine that this country only consists of Phds? That's why when arguing why EB applicants should be given relieve first and then illegals, we should not sound we are "superior". Rather we should simply state our confidence about the integrity of the legal system.

    As far as the so called "preference", how are you going to catergorize those under EB4, EB5, etc.? The so called "preference" is a myth. Otherwise, the law would only allow a "lower" perference to get a green card until all the "higher" ones get theirs. It is not the case, isn't? Rather it gives a % limit for each category.





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  • abracadabra102
    01-06 06:19 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.

    We have seen Isreals brutal aggression year after year. Killing civilians and kids year after year. I don't know how much more blood they need??

    Palestine people definitely deserve a state of their own. They have been living there for thousands of years. So does Israelis. Israel is surrounded by hostile arab countries that waged war against Israel several times. Perhaps, this is the reason why Israel reacts (or over reacts at times) to any attack.

    Palestine state could have formed several years ago. International community tried real hard several times to find a closure to this issue. These efforts were always nixed by 1) Hamas thugs 2) Surrounding arab countries (and to some extent other muslim countries).

    If you want to blame someone for Palestine plight today, blame these two actors.



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  • ssa
    07-13 10:59 PM
    I agree. It would be 100 times easier to re-file under EB2 and port your PD individually than to get USCIS/DOL to change their rules (howsoever they choose to interpret it). Just see what % of our previous campaigns were successful in the past in spite of all our efforts...

    On a related note, after reading this long thread I couldn't help but wish all other IV campaigns (admin fixes, fund raising, house bills) could arouse such passion and involvement from IV members. Now, I'm NOT saying any particular category (EB2 vs Eb3) volunteers more than the other - its just matter of individual initiative, period - but it seems somehow our collective psyche is at ease as long as we all are stuck in the rut as a whole. Efforts to get ALL of us out of this mess do not fire up this much passion..





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  • xyzgc
    12-25 03:41 PM
    Why worry so much about some random terrorist acts in India when billions of people are dying of disease and hunger all over the globe?

    Like somebody once said - let's worry about the enlightened self interests tomorrow, let's be concerned with the self-interests today. Before we even think about becoming Charitable Mr. Gates, let's first come close to being Mr. Gates first!

    You will find your ties to India very difficult to break. You and I are part of the international business community and India plays a significant role in this global economy! Terrorism, anywhere in this economic zone not just India, will impact either you or your employer directly.

    India has a dark chapter in history of repeated Islamic infiltrations, invasions, barbarism and terrorism - all of which goes back to 11th and 12th centuries and more significantly of caving in to them. We see only history repeating itself and all of us must be aware of this fact. Pakistani terrorists attack India with impunity, while the rest of the world dismisses it as an outcome of Kashmir conflict, Hindu-Muslim religious divide and so on. Not realizing that there are deep economic ramifications.
    I'll do my best to educate/remind everyone of this fact, even if it means being branded on immigration forums as a hate-monger.
    I believe that the world opinion has long reaching influence - it may be a slow-acting antidote but its curative effects will be long lasting.



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  • gcisadawg
    12-31 04:55 PM
    Do you realize that
    a) Hitler did not export terror. He invaded and occupied countries. Non-state actors trying to kill Pakistanis, and Indians, and trying to start a war between India and Pakistan, are not the same as one country invading another.
    b) That was before the atomic bomb,

    Alisa,

    Look, the Pakistani military/Govt. is not capable of dealing with these 'non-state' actors. Your logic that it is going to take several years to neutralize and India has to wait for that period to pass is simply dumb.
    Would you allow a thief to rob your own home over and over again? Depending on your logic, it looks like you wait for several thefts to pass before taking action against the thief.

    Looks like most of Pakistan doesn't want to grow up.

    Thanks,
    G





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  • whoever
    04-07 06:51 PM
    yeah i think so it wont get through because i will tell you currently i work as a consultant for a very big company, fortune 500 company and they even work on projects for US govt. what does it make them -- not consulting company? they cant be prohibited from hiring ppl on H1 or hiring consultants on H1? the bill wont see the light of the day -- i am sure.



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  • acecupid
    08-05 12:09 PM
    This thread is causing unhealthy division between EB2 and EB3. This thread should be closed and people should concentrate on the call campaign instead on fighting each other.





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  • file485
    07-08 04:35 PM
    thanks UN..

    we don't mean to bug you..!!

    but sometimes these r so scary..it feels we r better off being illegal in this country..

    all this is just plain BS..when we r paying so much in taxes and SS in this country..we r still chopped and diced like vegetables ...

    btw..on the same note since you r here..does the 'out of status' count only after the last entry in to thr country..or it is still scrutinised right from the time you land into the US..

    pls post..





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  • snathan
    01-10 04:42 PM
    With Israel on the offensive and so many jihadis getting whacked - don't you think that there'll be a serious shortage of virgins in jihadi heaven :D

    they dont need virgins man....:p





    psvk
    08-05 04:48 PM
    Well said I was eligible for both EB2 and EB3 when my GC labor was filed - my employer filed it in EB3 because the queue is longer and i remain with them for longer duration. I had about 390 days of H clock left so arguing with that employer and finding another one was also not an option because for getting H extension beyond 6 yrs needs the GC labor to be more than 365 days old.





    gapala
    06-05 08:28 PM
    look at this thread.. counterproductive higher taxes to sustain the government spending on food, shelter and medical care.... means more technology job outsourcing..

    http://immigrationvoice.org/forum/showthread.php?p=345957#post345957



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