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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





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  • sanju
    12-20 07:02 PM
    Religions reminds me of trunk monkey. Folks from WA state will know what I am talking about.

    RCUBxgdKZ_Y





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  • gc_aspirant_prasad
    09-26 08:47 AM
    I know it may be for the greater good to see Prez Obama in the white house.
    However, I am fairly confident that the condition of Employment Based immigrants - people facing years & years of retrogression will be a sorry one.
    As much as I would love to be part of this American experiment, I have to think of stability.
    Under Prez Obama if Sen Durbin & his friends revive CIR 2007 type discussions it is end of the road for folks like me waiting for over 5 years for the US GC.
    It would be wise to move to Canada or Australia / New Zealand for most of the EB folks where we can have the stability and freedom to be all that we can be and do all that we can do.
    I have exercised my personal preference for the Big White North & have already applied for the Permanent Residence in Canada. I am also in talks with angel investors in Ottawa such that I can incorporate & start a product development outfit up there.





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  • xyzgc
    12-27 01:29 AM
    great posts by alisa, gcisadawg and abcdgc. I don't agree with alisa but the posts are decent.



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  • shensh
    04-09 10:03 AM
    There are many big companies that depend completely on consultants for their software projects. Example Sony, Boeing... If this applies to existing H1bs then their projects will suffer a great loss.

    ERP softwares basically are implemented by consulting firms .Then all big companies including Oracle,SAP cannot implement their applications anywhere as they have to hire people on their own to implement.All ERP implementations can be treated as consulting.This is going to be a big mess.

    I don't think this bill is going pass successfully.
    Not true. For many software development projects, it really doesn't matter whether the developers are located in US or in India. What they need onshore is project/program managers or IT architects, who they can hire directly via H1-B not via consulting firm. For those H1-Bs the new bill's restrictions will not be a problem.

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





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  • SunnySurya
    08-06 08:51 AM
    Rolling_Flood,
    If you are willing to take action, I am with you. Don't worry about what other people are saying, it does not matter. A man got to do what he got to do.
    Let us start with taking some legal opinions. I am willing to share the cost.
    I also beleive (and firmly so) that the PD porting among categories should not be allowed.
    I am sending you my phone number in PM. Call me when you are ready and we can discuss more. Alternatively, give me your phone number as I definitly want to follow through.
    Thanks
    Sunny
    teri life mein koi accomplishment nahi hai to gussa kyun ho raha hai??!!

    haan, i cracked the JEE...........aur har kaam tere se behtar kar sakta hun....work, sports, you name it........

    saale insecure tu hai...........main to wohi karunga jo mere ko theek laga....

    take care, BUDDY!



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  • iwantmygreen
    04-15 05:18 PM
    Factors to consider when buying:
    1. Will you have to slog extra to make mortgage payments. If it means you are going to spend less time with your family, then is it really worth it.
    2. Will your spouse start working to help support mortgage payments. Does this imply kids go to daycare. Then probably your kid isnt geting the care a mom can only provide to her child.
    3. Will the stress level increase after buying the house (again worried for making payments, losing jobs). Is it worth it.
    4. Mostly all apartments have open areas where kids can play. They are much bigger then backyards in any house. Even in your backyard you will have to watch your kids when they are outdoors. Same here in the apartment outdooors.
    5. Chances are you will have more savings when you live in an apartment. You can do something really constructive like take you family for vacation, cruise.
    6. Does owning a home prevent you from visiting your home country, relatives etc as you are always tied up to making mortgage payments.

    For people who are really making lots of money & dont care much for it, above statments dont have much significance. Most of us are in the middle class range. So savings do matter to them.


    Let me declare the winners:
    1. Mariner & nojoke are logical & declared winners in this debate
    2. kaiserose & NKR have made some mistakes by buying a costly home & wouldn't admit.

    May God Bless you guys.





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  • vdixit
    03-24 04:31 PM
    Bought a house, sold it. Changed jobs, moved cities, planning to buy a new house.
    I dont think renting (flushing money down the landlords toilet) is a wise idea if you plan to live in this country for a long time.
    Go for it. PLan these things according to your family's needs.
    Cheers.



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  • Sunx_2004
    07-10 02:53 PM
    Just follow the law. There are lots of protections in it for us.

    UN, I am impressed by your knowledge of immigration laws. Can you point me in right direction as to where I find information regarding the current immigration laws and their interpretations.





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  • Macaca
    07-08 09:29 AM
    googled it and found the link..it might be helpful to many folks..

    http://www.ilw.com/seminars/august2002_citation2b.pdf
    This ia an Aug 2001 report. Hope it is current!

    Is it authentic if written by lawyers? Thanks



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  • StuckInTheMuck
    08-08 05:09 PM
    Q: Do you yield when a blind pedestrian is crossing the road?
    A: What for? He can't see my license plate.

    Q: Who has the right of way when four cars approach a four-way stop at the same time?
    A: The pick up truck with the gun rack and the bumper sticker saying, "Guns don't kill people. I do."

    Q: When driving through fog, what should you use?
    A: Your car.

    Q: What problems would you face if you were arrested for drunk driving?
    A: I'd probably lose my buzz a lot faster.

    Q: What changes would occur in your lifestyle if you could no longer drive lawfully?
    A: I would be forced to drive unlawfully.

    Q: What are some points to remember when passing or being passed?
    A: Make eye contact and wave "hello" if s/he is cute.

    Q: What is the difference between a flashing red traffic light and a flashing yellow traffic light?
    A: The color.

    Q: How do you deal with heavy traffic?
    A: Heavy psychedelics.

    Q: What can you do to help ease a heavy traffic problem?
    A: Carry loaded weapons.





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

    Did you consider banning him?


    CreatedToday,

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

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

    Thank you for your participation in the community effort.

    Administrator2



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  • gotgc?
    12-17 10:46 PM
    It is true that 99.99% of Muslims are not terrorists. But 99.99% of World's hardcore terrorists are Muslims.

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





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  • Ramba
    09-28 01:50 PM
    Last time the CIR bill died because a lot of people are against granting amnesty to illegal immigrants ( both Republicans and democrats ) . The president alone ( read Obama ) cannot decide that he wants to pass this bill because remember last year Bush was strongly in favour of the CIR bill and even had a conference with Senate leaders to push it through but it failed . The politicians know that the American people don't like the bill but they have to show that they are concerned with solving the illegal immigrant issue. This CIR bill is only a political gimmick. It came into picture because of the upcoming elections and next year I am pretty sure with no more elections the interest would not be that much to get it passed ( although I am sure there will be a lot of people interested in getting it to the House and the Senate ).

    As someone said before if they try to bring some anti - highly skilled workers bill then the big companies are sure to cry out loud ( Microsoft , Cisco , Oracle etc etc ) and the politicians don't listen to us but they will surely listen to them. They have got the clout to get themselves heard.

    Right. CIR (amnesty bill) is a gimmick to win vote bank. Mcain drafted in 2007 in view of winning hispanic bank in his prez bid. Recently he flip floped to concervatives that enforcement is first. Though BO has reservation about EB/H1B/oursourcing, he is right and has right judgement. If unemployment reaches historically high, how one can expect they will increase the foreign workers? They are elected by USC not by H1Bs or GCs os AOS guys. If economy bounces back, if more jobs are created, if market needs more workforce then they (Mcain or BO) will increase H1/EB etc. Otherwise, they (either BO or Mcain) wont touch the immigration that increses foreign worker.



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  • manub
    07-07 09:59 PM
    Yes I called all senators from the state and also local representative.Only local representative responded and their office contacted uscis for my EAD.We didnot contact any body for my husband`s petition .we are planning to do so this week.It is at NSC.





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  • Suva
    01-09 01:47 PM
    Civilians will die in any war. It's a fact. In this case Hamas started the fight by firing rockets for a week. Who was affected? Some civilians in Israel died due to this rocket firing. So this is natural that any country will give a strong reply against these rocket attacks. It's very sad that kids are getting killed due to this fight. But It is hamas faults not Israel. Didn't Hamas know that Israel would attack due to their rocket attacks. Didn't hamas know that they are hiding behind civilians and they would be bombarded by Israelis as a result of this some of the civilians would die. So before blaming Israel you should first blame Hamas.

    Now the killing has gone mad. Apart from killing the innocent civilians, crazy war mongers started bombing schools and killing innocent school kids. Today two schools were bombed and more than 40 children have been massacred.

    Its sad to see school children being brutally killed by missles and tanks. I don't understand how people could blow up innocent kids, women and men under the name of self-defence?

    This world has gone crazy and there's no one questioning about this in-human atrocities committed against fellow human being.

    Lets us pray for those who are going thru this hardship, and for an immediate end to this war crime.

    How many more innocent civilians including children they are planning to kill?. All these so called peace loving nations blocking the UN from making a cease-fire resolution. Looks like so called freedom lovers want more innocent lives.

    When Mumbai was attacked by terrorists, whole world was united and supported the victim(India). Now the same world is against the victim and encouraging more killing by not stopping the attrocities.



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  • Macaca
    12-29 07:52 PM
    Foreign dignitaries chafe at TSA policies (http://www.washingtonpost.com/wp-dyn/content/article/2010/12/22/AR2010122205461.html) By Colum Lynch | Washington Post

    Hardeep Singh Puri, India's ambassador to the United Nations, last month ran headfirst into a controversial new Transportation Security Administration inspection policy for many foreign travelers.

    At the airport in Austin, TSA agents demanded to inspect his turban. Puri is a Sikh, whose religion requires that the turban, or dastar, be worn in public to cover uncut hair. Puri refused the TSA order, citing an agency exception that allows Sikhs to pat down their own turbans to avoid intrusive searches and then have their hands tested for possible explosives.

    The situation escalated when TSA agents initially ignored Puri's protestations and said they would decide what the rules are, according to an official traveling with the ambassador.

    Puri told an Indian newspaper that the issue was resolved in about 20 minutes after he asked a supervisor to intervene.

    The incident underscores the sometimes bumpy relationship between the TSA and foreign delegations traveling to the United States in an era of heightened security.

    Diplomats are required to submit to searches, which intensified for many foreign travelers to the United States in January. The TSA put in place special procedures for greater scrutiny of individuals from 14 countries, most of them Muslim, prompting complaints from Muslim governments. (India was not on the list.)

    In April, "enhanced random security measures" for all passengers were put into effect - including pat-downs, sniffing dogs and more rigorous explosives testing. And last month, the TSA approved even more invasive body searches, which posed particularly sensitive issues for passengers with certain religious beliefs and medical issues.

    For globe-trotting diplomats, the U.S. government has offered since 2007 a list of "tips" to help them get through "the screening process easily and efficiently." It advises foreign dignitaries to carry two sets of credentials and warns that "screening may include a hand-wanding procedure and pat-down inspection." Searches, the memo says, will be conducted out of public view.

    The episode involving Puri has roiled sensibilities in India, where Foreign Minister S.M. Krishna complained this month about the TSA's pat-downs of Meera Shankar, the country's ambassador to the United States. Krishna said Shankar was frisked twice in three months, most recently when she was pulled aside at the Jackson, Miss., airport and subjected to a body search by a female TSA agent.

    "Let me be very frank that this is unacceptable," Krishna said.

    Secretary of State Hillary Rodham Clinton said the State Department would look into the matter and try to take steps to avoid such international incidents.

    State Department spokesman P.J. Crowley said in a statement: "The threat to aviation is a global challenge and every airport in the world is wrestling with how to best protect the flying public with as little friction as possible. We are all in this together. Our citizens are affected and those of other countries. Our diplomats are impacted, so are the diplomats of other countries. These situations in this country are certainly not unique."

    A TSA spokesman defended the treatment of Puri and Shankar. The overwhelming majority of 2 million U.S. air travelers, the official said, have had a positive experience using the nation's airports.

    Puri "was not required to remove his turban, and our officers worked with him to complete screening according to established procedures," said spokesman Nicholas Kimball. "We will continue working with our officers to reinforce all established policies, including those pertaining to the respectful screening of religious headwear and clothing."

    Kimball also said that a review of Shankar's pat-down in Jackson demonstrated that the TSA agents "followed proper procedure."

    "United States airport security policies accommodate those individuals with religious, medical or other reasons for which the passenger cannot or wishes not to remove a certain item of clothing," Kimball added. "For religious headwear, a passenger can pat the item down themselves and then have their hand tested for traces of explosive residue."

    In March, a State Department goodwill tour of the United States for a delegation of Pakistani lawmakers backfired after the group was asked to submit to additional screening on a flight from Washington to New Orleans. The lawmakers refused to board. The Pakistani army recalled a military delegation from Washington after the officers were subjected to what it called "unwarranted" searches.

    Many of the incidents involve domestic flights at airports where TSA agents may have less exposure to foreign fliers than those at major international airports. One U.N. official, an American citizen of South Asian extraction, traveling with his American wife and children, said he often gets pulled aside for pat-downs and "random searches."

    He said his youngest daughter recently recalled her memories of a flight: "I remember, we go on the airplane, and I take my shoes off, and you take your shoes off, and the men take Papa away and touch him everywhere," the girl told her mother.

    But other diplomats from South Asia say they have had no trouble with the TSA.

    Anwarul Chowdhury, a former Bangladeshi ambassador to the United Nations, said he has traveled without problems for more than a decade as a foreign and U.N. official. He recently returned from a trip to Spain without incident. "We had smooth sailing," he said. "My wife also wears a sari all the time. I don't wear a turban, but I think they were extremely courteous, very nice."





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  • satishku_2000
    05-16 11:28 PM
    The greater danger in life is not that we set our aims too high and fail, but we set them too low and still do � Michelangelo

    Your aim is to not get fired. You want to buy an insurance policy to a secure job as if you are the only one entitled to have a job. This is a lower aim so you are bound to fail i.e. lose your job.

    And how do you define �replacing some American workers�. There is a plant in Yuma, AZ manufacturing aircrafts for Kingfisher airlines in India. Doesn�t this mean that someone in India is being replaced by American worker???? Maybe we should stop all trade and we should have all needs of one country fill within its borders. Maybe we should say � from now on no one is going to do any business, collaboration, partnership and place orders to companies outside of the borders of the country where you live.



    The best argument of restrictionist is either talk about no H-1B or green cards or talk about unlimited H-1Bs and green cards as if the extremes make the only reality in this world. Have you ever seen numbers like 290,000 or maybe 450,000. These are called whole numbers in mathematics and reside somewhere between ZERO and INFINITY/UNLIMITED.



    Stop bickering in the name of American people. More than 99% Americans don�t even know what is H-1B visa or employment based green card. And one more thing, people�s opinion is the most foolish thing to look at when making a decision. Do you remember the % of people in favor of Iraq war in 2002? - More than 70%
    Do you know how many people are in favor of pulling out of Iraq now, putting all the blame on the Administration? � around 70%
    Do you know the % of �American people� saying that they screwed up by supporting the war in 2002? � 0%
    No one would come out to say the nations and millions of people got screwed up due to "MY" twisted ideology in 2002. So let�s keep this argument of �American People� out of this debate.



    In free market and capitalist economy, the measure of productivity doesn�t come from some lawmaker who is out of sink with reality or from the ideology of orgs like IEEE-USA or from posters like you. The measure of productivity comes from the employers and the companies. And if that is how it works best for the economy, society and the nation, then so be it. That is the reason why this society is more advanced. You may be afraid of such a situation but I am not scared of a scenario where someone who can perform a better job, either a citizen or on H-1B, takes my job. But that is ok, your way of thinking is all based on the premises that every one out there is after you and some how you have to eliminate this competition at the soonest.



    You have used the argument of abuse, productivity, economy, outsourcing, country of origin and the color of Dick Morris� underwear - to argue against H-1B and to come extent green card number increase. Time and again I have said that this is not about H-1B. We, the people on this forum, want to discuss about GREEN CARD BACKLOGS. But you want to keep the discussion away from green card backlog and want the discussion be in the arena of H-1B. I must share with you that I have received atleast 7 different private messages telling me to �not waste my time with idiot like yourself�.
    Like you ass, you keep your views and your opinions with yourself. Don�t poke your ass and your views into a place where they don�t belong. And please stop worrying about being displaced by someone else on H-1B. You have not even gotten green card and you have already turned into a restrictionist. Please wait for sometime and there will be enough time and opportunity for you to join the ranks of IEEE-USA. This makes me to think that there are 2 possibilities:
    1.) You have very low self esteem and you think very lowly about yourself. Thus you are scared of the competition
    2.) You are not capable enough or technically sound to compete with other around you. And just like IEEE-USA you are looking for ways to eliminate your future probable competition using words/phrases like �displacement of US workers�.



    I tried to explain this guy Senthil that I already proved in form of permanent labor certificate and I 140 petition that I am not displacing any american worker and why I have to prove the same fact for every renewal and he comes with a logic that GC is for future job and H1b is for current job. But you know what my GC application was filed very well in the past ...:) , I mean more than 3 years ago ...

    Somehow some people think they are better than every one else in the crowd and things dont go wrong for them because they have either a particular degree or work in a so called permanent Job .

    These guys are in more alignment with view of ALIPAC and Numbers USA where people think some elses loss is my gain. Having said that reasonable people disagree these guys are totally unreasonable or they are totally out of touch with reality .

    These guys love Mr Durbin so much who dont see any problem with illegal immigration at all ....I would call this height of hypocrosy.





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  • Macaca
    05-09 05:48 PM
    Utah's Immigration Model (http://online.wsj.com/article/SB10001424052748703859304576304942483922996.html) Wall Street Journal Editorial

    If the states are meant to be laboratories of democracy, they have to get a chance to actually run their experiments. That's the story in Utah, where a new state immigration law is catching flak even before it goes into effect.

    In a Senate Judiciary hearing on Wednesday, Attorney General Eric Holder said the law, which combines enforcement measures with a guest worker program, needs to be adjusted or face federal lawsuits. Pressed on whether the Administration planned to sue Utah, Mr. Holder said the Department of Justice "will look at the law, and if it is not changed to our satisfaction by 2013, we will take the necessary steps."

    That's a tad awkward for the Attorney General, since the Utah plan probably looks a lot like what the federal government will end up considering if immigration reform has any hope of passing. Last summer, the Administration pounced like election-year politicians on an Arizona law that enlisted local police to enforce federal immigration statutes. So what's a state to do?

    Passed by the state's GOP legislature and signed by Republican Governor Gary Herbert in March, Utah's plan is notable because it's the first in the country that would allow undocumented immigrants to get a permit and work legally, after paying a fine of up to $2500 and meeting other conditions. The program is part of a larger package that includes increased scrutiny of immigrants who break the law. The compromise allows the state to address the economy's demand for workers�thus reducing the incentive for illegal immigration�while satisfying voters who don't want to reward those who arrived illegally.

    Like Arizona, Utah is already fending off lawsuits from the left. On Tuesday, the American Civil Liberties Union and the National Immigration Law Center sued to stop the portion of the law similar to the one in Arizona that enlists state and local police in the effort to identify illegal immigrants. In Utah's version, anyone who is arrested for a felony or serious misdemeanor has to show proof of citizenship.

    Unlike measures that unite talk radio hosts and labor unions against "amnesty," the Utah law doesn't create a path to citizenship or have any effect on an immigrant's legal status. That model could work for other states looking for a bipartisan compromise. Republican legislators in Texas have introduced similar legislation for guest worker programs, and Nebraska lawmakers plan to travel to Utah to learn more about the new law.

    Critics of state immigration laws often maintain that those decisions are the province of the federal government. Article 1, Section 8 of the Constitution grants Congress the power "To establish an uniform Rule of Naturalization," and it's possible Utah might lose in court. But what are states to do when the federal government is unable to act on immigration? Utah's laws don't grant legal status to undocumented workers; they grant a work permit. Does the federal government have the power over such employment decisions?

    States are passing these laws because Congress has abdicated. Instead of ordering Utah to step back in line, or else, the Administration might consider what it can learn from Utah legislators who made a good faith effort to balance competing interests and solve a problem.




    Immigration: A better farm worker fix (http://www.latimes.com/news/opinion/opinionla/la-ed-visa-20110509,0,7562015.story) Los Angeles Times Editorial
    U.S. Warns Schools Against Checking Immigration Status (http://www.nytimes.com/2011/05/07/education/07immig.html) By KIRK SEMPLE | New York Times
    Is the Asian Century upon us? It depends (http://www.theglobeandmail.com/news/opinions/opinion/is-the-asian-century-upon-us-it-depends/article2011668/) By HARUHIKO KURODA | Globe and Mail Update
    Immigration North of the Border (http://www.huffingtonpost.com/hazeen-ashby/immigration-north-of-the-_b_857441.html) By Hazeen Ashby | The Huffington Post
    Another project in trouble
    First the euro, now Schengen. Europe�s grandest integration projects seem to be suffering (http://www.economist.com/node/18618525)
    The Economist
    Smugglers Guide Illegal Immigrants With Cues via Cellphone (http://www.nytimes.com/2011/05/09/us/09coyotes.html) By MARC LACEY | New York Times
    As Barriers to Lawyers Persist, Immigrant Advocates Ponder Solutions (http://www.nytimes.com/2011/05/04/nyregion/barriers-to-lawyers-persist-for-immigrants.html) By SAM DOLNICK | New York Times
    Lawyers for Immigrants (http://www.nytimes.com/2011/05/09/opinion/l09immig.html) Letters | New York Times





    unitednations
    03-24 07:28 PM
    UN,

    I don't think your view of Indian monopoly in IT is correct. It is a natural flow of human resources from countries which had plenty of it to USA which needed it.

    The reason for Indians/Chinese taking up majority of H1B visas is that there are lot of educated candidates to pick from highly populous countries like India and China.

    US never gave any preference to Indians or Chinese in H1B visas. The fact is India and China produced lot of graduates who were capable of doing IT work. If you look at it, IT job is not a hard thing to master for any Indian. So US had the necessity for skilled people, India and China had the supply of these people, naturally staffing companies came up to bank on this opportunity. It was a natural evolution, there is no bias towards Indians/Chinese. If you take any small country in the region, they didn't have enough qualified people so staffing companies didn't flourish in those countries.

    This is one of those things that people are going to agree to disagree.

    btw; my experience with the Chinese is that many of them came here initially on student visa and decided to stay. I don't know many that came directly here on h-1b. They haven't developed the network of staffing companies (main reason I believe is the english issue wheres people from India generally don't have this).





    kaisersose
    04-15 02:12 PM
    I am on H1B and I485 is pending. I just bought a mid-price house and I will recommend to buy only if your I140 is approved. I waited for many years but finally bought one. Buying the house was a big decision but I am glad that I took it. I have a 3 year old daughter and she being able to run in our own backyard is worh of some financial risk. The house prices are lower (still I think a little higher than it should be) and the interest rate is good too. So, go for it and good luck.

    Per iwantmygreen you (just like me) are here to hurt his/her emotions. Apparently we get a kick out of that.



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