Wednesday, July 6, 2011

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  • funny
    09-30 04:10 PM
    I think you are right - as soon as they see I140 revocation they are doing the easiest thing, that is to reject underlying I485. They can easily check the 180 days period; alternately they can actually issue NoticeOfIntenttoDeny (NOID) and give a chance to the candidate why I485 should not be rejected - this is also equally easy for them to do (just send a letter and give a 45 day or something similar time). I think they are simply rejecting so it reduces the total pending I485 cases. It might be possible for us to open MTR and resolve this but if working on EAD we will be in soup and also MTR's typically take longer to get resolved.

    I guess this discussion is going on in a different direction.. "AC21 is the focus here" while we are at it, I want to ask if someone has seen a denial, just because someone used AC21 and the I-140 was not revoked.

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  • unitednations
    07-19 04:14 PM
    This is a question to you. I was one of those guys who sent you a PM. Sorry again !
    What if a person who has been in the country for a while(say from 2000) has a few pay stubs missing and period/s of unemployment(2002 and 2003) and therefore his w2's for say 2003,2004,2005 have like 15-30 k figures on them. This is for a software engineer who is on eb3 with a employment letter that states pay should be abut 50 k or so (minimum). Now lets suppose the said person went out of the country and came back in Jan 2006.
    So Does means according to the 245i rule the previous period of unemployment etc get wiped off and they have to look at whether he has violated the 180 day rule only since Jan 2006 ? In this case will they look at his all his old w2's as well? Will this constitute some sort of violation ?

    Thanks in advance for your answers

    245k will protect you; as they can only look at your status from the date of last entry until filing 485, as long as you didn't overstay i-94 card by more then six months.

    as you can see from the original poster; uscis was trying to go after her husband in a different way by saying that he listed employment for whom he never worked for. They are trying to override 245k by going after fraud.

    It is pretty weak what the adjudicator is doing but still it is giving anxious moments to the original poster.

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  • sw33t
    12-28 05:12 AM
    Do you realize the extent of loss after Mumbai attacks?
    The initial rough-and-ready calculations estimate that the business loss on those two days is close to $10 billion and the foreign exchange hit is approximately $20 billion.
    A bomb scare in any software park in India (just a scare - no loss of life and property) will generate enough fear factor to shut it down for several weeks! How much loss do you think it entails?

    So your justification on spending billions more on what was lost is the right thing???

    And what about the loss of civilian lives? The lives of soldiers dying in shelling across India-Pak borders? The loss of morale of Mumbaities!! The feeling of insecurity when you hop on to the daily commuter train? Who will account for all of that?

    Going to war to retaliate might give the impression of satisfaction, but the insecurity caused by trauma is still going to live on forever.

    Of course, wars are costly! It doesn't mean you should not go on war, it doesn't mean you should zero out your defence budgets, or does it?


    Do you drive your car without an insurance?

    Exactly. The state, the county, the city and the insurance company make money off of your will to comply! Thousands more will die off of your desire to go to war whereas the arms dealers make money.

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  • GCmuddu_H1BVaddu
    01-03 10:36 PM
    Tell us how the world should understand this attack on Mumbai, Genius.

    What is your experience with secret service and snipers? You seem to be so sure about that let's see your expertise on that.

    Regarding, that was not a war against terrorist in the beginning. Now it is.

    Pakistanis are good people too. Do not take an isolated attack in India conducted by terrorists as a generic approach please.


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  • panky72
    08-08 10:39 PM

    I got a RED dot for this post.

    Comment - "Racist Joke".

    I also got a red dot for my joke:confused:. Never used any foul language. Comment left was "This type of "blonde jokes" or "sardar jokes" etc are not really suited for a skilled immigrant community forum." I don't understand why do people give Red dots even for jokes. The title of the theread is Ligthen Up.

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  • damialok
    03-27 03:55 PM
    All good points, As always with Real Estate, its Location, Location and Location. So the decision to buy a home depends on where you are. My analysis was more towards the Bay Area market where prices have held steady except in periphery markets and neighborhoods which had lot of new construction. Demographics here are dual incomes, steady jobs, limited housing/new construction and strong tech sector(due to the global nature).

    One thing I believe is that, Mortgage rates are probably at the lowest we will see for a while. If you time it right, maybe you can go another 50 basis points lower but generally its quite low.

    Now, is the price of a home lowest? New home owners GENERALLY dont consider the price of the home but rather the MONTHLY payments. How much will it cost me monthly to own this home? And this is what drives the price of a home. So the price partially depends on the mortgage rate, type of mortgage(5-1 ARM, 30 year, 40 year etc).

    Finally another major thing to consider is the loan process. With the recent changes, its got much tougher. My company almost has a freeze on new loans and except for refi the rest is frozen. Tighter conditions like

    DTI ratio less than 35%
    LTV ratio not more than 90%
    For Pre-approval you need to show atleast 10% in liquid assets.

    will certainly slow down things even further.


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  • Macaca
    05-27 05:40 PM
    Rivals for IBM, Accenture

    Infosys and others find themselves in a quandary. U.S.-based rivals such as Cognizant, Accenture and IBM are ramping up hiring and offshoring in India, pushing up wages. So Infosys, Tata Consultancy Services and Genpact have had to move into the culturally uncomfortable area of managing Americans.

    �What you have going on in India are salary hikes,� said Joseph Vafi, an analyst at Jefferies & Co. in San Francisco. �As these companies get larger and larger, it just makes sense for them to do some hiring in the States.�

    Tata Consultancy Services, for example, is ramping up its North American presence in major deals with Citibank, Dow Chemical and Hilton Worldwide. It plans to hire more than 1,000 Americans in 2011 and to base 10,000 of its 185,000 global employees in the country.

    �The focus is on building stronger relations with our customers in North America, by far our largest market,� said spokesman Mike McCabe, who added that more than half of the company�s revenue comes from North America. �It�s kind of a natural effort to invest more here.�

    Robert Webb, chief information officer at Hilton Worldwide, said Tata Consultancy Services and Infosys increasingly rival the established consulting companies, such as IBM, Accenture and Bain Consulting, in areas such as integrating massive computer systems, developing applications for companies and even strategy consulting. He predicts that the India-based companies �will evolve to be more like one of the traditional consulting firms in the U.S.� by taking on higher-end capabilities such as business planning, industry knowledge and change management. Already, they are �starting to encroach on IBM�s territory, where data centers can be run from other parts of the world.�

    He said IBM and Accenture are rapidly hiring talent in India and other emerging markets as a counterstrategy. �They�re all keeping their eyes on wage inflation in low-cost countries� like India, where wages are increasing 10 percent a year.

    Hilton hired Tata Consultancy Services in 2009 to take over some back-office operations, such as human resources, financial systems and its intranet portal for the company�s 10 brands and 3,700 hotels. Hilton used to handle this work in-house or with hundreds of small consultants.

    Tata Consultancy Services is doing most of the work in Memphis and McClean, where Hilton has offices. Hilton is sharing these best practices with its parent company, private-equity firm Blackstone Group. Using companies with talent around the globe allows Hilton to continue working on projects around the clock and to innovate more quickly.

    �While some people are sleeping in the U.S.,� Webb said, �people can be coding in India and vice versa.�

    Rebadging U.S. workers

    Genpact, the outsourcing company created and spun off by General Electric, doubled its U.S. employment last year, to 2,000 of its 40,000 global employees. Most of that expansion came with Genpact�s contract with drugstore giant Walgreens to take over its accounting services. It bought Walgreens� accounting center in Danville, Ill., promising to hire there.

    Taking over existing employees of another company is called �re-badging.� Indian firms have been uncomfortable managing U.S. workers in the past, Hira said, particularly when Indian workers are working alongside Americans who are paid more. But companies increasingly see rebadging as a necessary way to expand.

    Genpact is also hiring at centers in California and Pennsylvania as it aims to expand in the mortgage and regulatory compliance industries and in consumer product, hospital and health-care companies.

    �The U.S. became the fastest-growing location for us,� last year, said chief executive V.N. �Tiger� Tyagarajan. �We expect that to continue on this year.�

    Bob Kane, treasurer of New York-based textilemaker Westpoint Home, which makes Ralph Lauren linens, uses Genpact for general accounting in India and accounts payable in Mexico. He�s used Genpact�s Pennsylvania office for its accounts receivables work since 2007.

    The Pennsylvania office �is the most competent and is the most business-savvy,� he said, noting that it does the work 40 percent more efficiently for less money and with fewer people than his company could do in-house.

    �They understand it is important to get the job done and stay the extra hour,� he said. �They get it. They get what we need. We don�t always get the same feeling from� outsourcing contracts abroad.

    He pays slightly higher wage rates � $15 an hour � to keep the receivables work in the United States. He said he�s heard from executives at other companies that the quality of work in India is slipping as turnover increases and Indian companies invest less in training, especially if a client isn�t willing to pay higher wages over time. Some U.S. companies don�t want sensitive customer data transmitted abroad. Others are tired of poor service, accents and crackling phone lines.

    Managing across cultures

    The lower Manhattan branch of Aegis, on Broad Street, is one of the company�s top performers. And Capuana, 41, is hiring. The 11th-floor lobby is crowded with applicants looking for training and jobs, some of them unemployed and on public assistance.

    At $12 to $14 an hour with possible monthly bonuses, workers can make four times what call center workers in India do. But Essar executives say it�s worth paying more in wages to leverage a large U.S. presence to gain contracts with banks, health-care companies and governments that require the work to be done here.

    Some workers at the call center, such as Mary Auguste-George, eventually move up the ranks. Originally from St. Lucia, she started as a phone rep, moved to supervisor, then trainer and and is now payroll manager of the lower Manhattan division. Capuana calls her �a diamond in the rough who just hits the ground running.�

    Capuana, a stocky man who prefers jeans and wears his hair long, uses a motivational-speaker�s approach to get workers to show up on time and do their best. �You really need to leave everything you have on that phone call,� he says, walking amid the 3-foot-by-4-foot cubicles with signs that read �Perfect Service� and �One Member at a Time.�

    He pins pictures of the top 12 performers on a �Circle of Leaders� bulletin board each quarter. They receive free movie tickets, have greater dress-down privileges and eat free lunch. The practice has been adopted by Aegis on a corporate-wide level, he says.

    Many Aegis employees at the site are not very aware that they work for an Indian company. The Dallas headquarters, though, celebrates India�s independence on Aug. 15. And the call center workers have made music videos for each other: The Indian office performed a Bollywood song, and workers at the U.S. office danced to the Black Eyed Peas.

    But with all its globalism, Aegis also has its culture clashes. Some managers from India have a hard time understanding what motivates U.S. workers and why they are less-educated than their Indian peers. One Indian-born manager said he thinks that the U.S. standard of living has spoiled Americans and that they take less pride in their work. In other words, he says, they are lazy.

    The India executives are also puzzled by the appeal of dress-down practices. �We don�t do that� in India, says Ramya Devi Ramachandran, 27, a former administrative assistant at the lower Manhattan office who worked for Aegis in India before moving to New York.

    Essar and Aegis, however, want to step up the cross-sharing this year, shuffling dozens of U.S. Aegis employees to Goa and Bangalore in India to help handle large U.S. government contracts. Aegis executives say the cross-continent exchange will help India�s call centers keep up during peak Medicare enrollment season and aid the company�s cross-cultural efforts.

    A few employees from the lower Manhattan call center are applying for the temporary transfer. �I�ve never been to India,� said Keith Swindell, 39, a trainer. �I�d enjoy traveling and getting international experience.�

    US Sours on Globalization ( By Nayan Chanda | Businessworld
    GE Joins Intel to Advise Obama as Overseas Holdings Expand ( By Mike Dorning | The Washington Post
    Can 'Made in America' Survive in a Global Economy? ( By Nicole Lapin | CNBC
    Private Sector Lifts Grads' Job Outlook ( By SARA MURRAY and JOE LIGHT | Wall Street Journal

    My life without gadgets ( By Chris Williams | The Washington Pos
    Our Irrational Fear of Forgetting ( By MARGARET MORGANROTH GULLETTE | New York Times

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  • NKR
    03-25 02:13 PM
    If you have found a nice house in a good locality and have got a good deal, and if you think that not having GC is the ONLY hurdle, then I suggest you to go ahead and buy the house.

    I am on H1, I could not afford an independent house because of layers I have at work, so about 2 years ago, I went ahead and bought a town-home. I have a small kid now and we are happy. We might go for a bigger house after GC but I have not thought that far ahead.


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  • GCapplicant
    09-26 10:02 AM
    For me Obama and Mccain are equally good candidates. I would prefer Hillary Clinton over both of them.

    McCain is a great guy, but he is with the wrong party. A party that aligns itself with anti-immigrants.

    Now that we don't have much hopes for HR-5882, we should start targeting the CIR right now. Maybe we can talk to the Hispanic and other groups which will have an influence over CIR and have our provisions taken care of.

    It will definitely be easier to tie-up with Hispanic caucus and other groups than anti-immigrants.

    I agree with you - mediating with Caucus is the only option.Legal is nothing infront of them.They are the real majority when compared to our %.

    Even if they bring new restriction over EB category - we have already applied and are in our final stage only.It's only the visa numbers.

    The new rules might be for the new applicants ,maximum they might bring in Stem.There is nothing more they can do for us.More restrictions on us is quite impossible.

    Oct 2009 should be in favor to us all.I have to only pray God.We have to just move on with our life.

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  • Macaca
    05-27 06:05 PM
    The Audacity of Chinese Frauds ( By FLOYD NORRIS | The New York Times

    To pull off a fraud that humiliates the cream of the global financial elite, you need to have some friends. And where better to have them than at the local bank?

    The fraud at Longtop Financial Technologies, a Chinese financial software company, was exposed this week in an amazing letter from its auditors, Deloitte Touche Tohmatsu. It appears to be a tale of corrupt bankers and their threats to auditors who had learned of the lies.

    Deloitte, which had given clean audit opinions to Longtop for six consecutive years, apparently was well on its way to providing a seventh, for the fiscal year that ended March 31. But for some reason � Deloitte did not say why �the auditor went back to Longtop�s banks last week to again seek confirmation of cash balances.

    It appears Deloitte sought confirmations from bank headquarters, rather than the local branches that had previously verified that Longtop�s cash really was on deposit. And that set off panic at the software firm.

    �Within hours� of beginning the new round of confirmations on May 17, the confirmation process was stopped, Deloitte stated in its letter of resignation, the result of �intervention by the company�s officials including the chief operating officer, the confirmation process was stopped.�

    The company told banks that Deloitte was not really the auditor. It seized documents, Deloitte wrote, and made �threats to stop our staff leaving the company premises unless they allowed the company to retain our audit files.�

    Despite the company�s efforts, Deloitte learned Longtop did not have the cash it claimed and that there were �significant bank borrowings� not reflected in the company�s books.

    A few days later, Deloitte said, Longtop�s chairman, Jia Xiao Gong, told a Deloitte partner that there was �fake cash recorded on the books� because there had been �fake revenue in the past.�

    The stock has not traded since that confrontation. The final trade on the New York Stock Exchange was for $18.93, a price that valued the company at $1.1 billion. At its peak in November, it had a market capitalization of $2.4 billion.

    It now seems likely that the stock is worthless. It is a real company, but its revenue and profits probably were a small fraction of the amounts reported. The existence of the �significant� debt means that whatever assets are left are likely to be owned by the banks, not the investors.

    Deloitte may have decided to check the numbers again because it knew a growing group of bears on the stock had been challenging the Longtop story as too good to be true, questioning both its financial statements and the claims it made for its software. A month earlier, Deloitte resigned as the auditor of another Chinese company, China MediaExpress, in part because of questions about bank confirmations.

    It is never good for an auditor to have certified a fraud, but Deloitte seems to have acted properly. It got bank confirmations, and it got them directly from the banks rather than relying on the company to provide them, as PricewaterhouseCoopers had done when it failed to notice a huge fraud at Satyam, an Indian technology company.

    But the confirmations were lies.

    �This means the Chinese banks were in on the fraud, at least at branch level,� says John Hempton, the chief investment officer of Bronte Capital, an Australian hedge fund. He was one of the bears who questioned Longtop�s claims and now stands to profit from the stock�s collapse.

    �This is no longer a story about Longtop, and it is not a story about Deloitte,� he added. �Given the centrality of Chinese banks to the global economy, it�s a story much bigger than Deloitte or Longtop.�

    The Securities and Exchange Commission has started an investigation, and no doubt more details will emerge, including the names of the banks involved. Just what, if anything, Chinese officials choose to do could provide an indication about whether defrauding foreign investors is deemed to be a serious crime in China.

    Fraud in Chinese stocks is not new. But it had seemed that the worst problems were in small companies without Wall Street pedigrees. Many of the fraudulent companies went public in the United States by the reverse-merger shell route, a course long favored by shady stock promoters. That route allowed companies to start trading without going though a formal underwriting process or having its prospectus reviewed by the S.E.C. And many used tiny audit firms based in the United States that seemingly did little if any work.

    What is stunning about Longtop and some other recent disasters is the list of smart people who were fooled.

    Longtop did not go public through a reverse merger. Its initial public offering, in 2007, was underwritten by Goldman Sachs and Deutsche Bank. Morgan Stanley was a lead manager in a 2009 offering of more shares. Major owners of the stock included hedge funds run by people known as �tiger cubs� because they got their start at Julian Robertson�s Tiger Fund.

    On May 4, only a couple of weeks before the fateful struggle at Longtop offices, an analyst for Morgan Stanley, Carol Wang, wrote:

    �Longtop�s stock price has been very volatile in recent days amid fraud allegations that management has denied. Our analysis of margins and cash flow gives us confidence in its accounting methods. We believe market misconceptions provide a good entry point for long-term investors.�

    By then, Longtop officials had begun to scramble. According to its last audited balance sheet, cash accounted for more than half of Longtop�s $606 million in assets. Bears were asking why the company needed all that cash and were questioning whether it existed.

    In mid-March, just after the fraud at China MediaExpress was exposed, Longtop announced plans to put some of the cash to use by spending up to $50 million to repurchase its own shares. On April 28, the company tried to assure analysts that the fraud claims were bogus. Derek Palaschuk, a Canadian accountant who served as the company�s chief financial officer, wrapped himself in Deloitte�s prestige, saying that those who questioned Longtop were �criticizing the integrity of one of the top accounting firms in the world.�

    �For me,� he said, �the most important relations I have other than with my family, my C.E.O., and then the next on the list is Deloitte as our auditor, because their trust and support is extremely important.�

    Mr. Palaschuk had an explanation for why the company had not repurchased any shares. It had some very good news that it had not yet released, and �we were advised by our securities counsel that we should not be in the market purchasing our own shares in the event that this would be considered insider trading.�

    Longtop is not the only Chinese fraud that caught prominent Americans. Starr International, an investment company run by Hank Greenberg, the former chairman of American International Group, invested $43.5 million in China MediaExpress and had a representative on the company�s board. Starr has filed suit in Delaware against the company and Deloitte.

    Goldman Sachs was not the underwriter of ShengdaTech, a Chinese chemical company traded on Nasdaq, but its investment arm, Goldman Sachs Investment Management, had accumulated a 7.6 percent stake in the company before its auditor, KPMG, refused to sign off on the company�s 2010 annual report and then resigned in late April. KPMG cited �serious discrepancies� regarding bank balances and �discrepancies between KPMG�s direct calls to customers and confirmations returned by mail.� Just as at Longtop, it appeared that auditors had been given false confirmation letters.

    In each of those three cases � Longtop, China MediaExpress and ShengdaTech � the auditors discovered discrepancies, but only after signing off on financial statements. That was not the case in this year�s other � and perhaps most embarrassing � resignation by a Big Four auditing firm.


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  • tinamatthew
    07-20 07:15 PM
    245k will protect you; as they can only look at your status from the date of last entry until filing 485, as long as you didn't overstay i-94 card by more then six months.

    as you can see from the original poster; uscis was trying to go after her husband in a different way by saying that he listed employment for whom he never worked for. They are trying to override 245k by going after fraud.

    It is pretty weak what the adjudicator is doing but still it is giving anxious moments to the original poster.

    You need to open an immigration advice center. Believe it or not you already have hundreds of clients that would readily leave their so called "lawyers" and move to you!! Think about it and remember to hire me when you are RICH :-)

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  • singhsa3
    08-06 09:06 AM
    Personally I think "Obviously" response was derogatory and not funny at all.
    Obviously dude, lol, your post was very funny, had a good laugh. I can rate that as the funniest. His pis***d off reply in Hindi to your post also tells us that yours is the most effective response to rolling_flood's post, looks like he lost his mind by reading your response.


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  • StuckInTheMuck
    08-06 09:31 AM
    New alcohol warnings (from Toronto Board of Health):

    1. WARNING: Consumption of alcohol may cause you to wake up with a breath that could knock a buzzard off a wreaking dead animal that is one hundred yards away.

    2. WARNING: Consumption of alcohol is a major factor in dancing like an idiot.

    3. WARNING: Consumption of alcohol may cause you to tell the same boring story over and over again until your friends want to assault you

    4. WARNING: Consumption of alcohol may cause you to thay shings like thish.

    5. WARNING: Consumption of alcohol may cause you to tell the boss what you really think of him.

    6. WARNING: Consumption of alcohol is the leading cause of inexplicable rug burn on the forehead.

    7. WARNING: Consumption of alcohol may create the illusion that you are tougher, handsomer and smarter than some really, really big guy named Psycho Bob.

    8. WARNING: Consumption of alcohol may cause sufficient brain damage to make you participate in this debate (

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  • paskal
    07-08 08:46 PM
    I have been here 11 years. 4 different employers.
    I have all my returns and W2's
    why in the world would i keep every paystub?
    makes no sense. of course little does.

    UN thanks for the comments.
    any predictions on where we are headed? my vested interest is in EB2 india...

    btw why is everyone presuming that the 60,000 approvals went to India and China? EB3 ROW is retrogressed- all the extra numbers could have gone there. that would in any case be all the better for india/china in the longer term- the faster that backlog is finished, the greater the chance india/china lines will show meaningful movement.

    also did you notice the cantwell-kyl compromise amendment in the failed CIR 2007 had a provision for 485 filing w/o visa numbers current?


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  • unitednations
    03-26 09:24 PM
    Thanks UN. Just a follow up question, how would you advise to cases where the labor was filed at client location and the employee shifted to another state right after the 140 approval. I guess in this case there is no chance of convincing USCIS about AC-21 invokation. How would you act if such query comes up? Or is there a chance to get this query these days at the time of 485 processing.? Thanks in advance. With this, I would have all my doubts clarified regarding the work location. And also, I hope it does to so many others.

    Stating the obvious: Your attorney was a knucklehead?

    USCIS hasn't gone to zero tolerance on 140/485 so it is doubtful that you will get such a query.

    Are you still on H-1b?

    If you want to bullet proof yourself then do an eb2 labor now; port the priority date and then inter-file the 485 or file new 485 on eb2 140 which would have been done appropriately. You can get your greencard dependency on the new 140 without losing much in terms of waiting and getting peace of mind.

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  • piyushvora
    10-01 08:48 AM
    I agree with the OP. I have similar situation where I came to US in 1999 for my MBA and every single time there is a good opportunity, my immigration status gets in my way. I am tired of the wait and at a point where it seems like this endless wait is not worth it.

    If I don't see any immigration relief in terms of legislative action, then I will sell my assets (including house) and settle overseas (Canada/Australia or India).

    If Obama becomes president can he restore the faith of high-skilled immigrant who play by the books and still have to wait for decades to get their Green Card.

    After graduating with a Electrical engg degree from a top school in India, I got a job with a world leading semiconductor company. I first came to USA almost 12 years ago on a business trip as part of a multinational chip design effort for high end Telecommunication market. I was very impressed with the group of professionals I worked with. I felt the work environment stimulated the creativity in me and brought the best out of me. After the short trip I went back to my home country but that visit left a lasting impression on me and I felt USA would be the place I can further my professional abilities. Couple of years later, I came to USA for my Masters to embark on that journey. Even though I graduated when the US economy was in recession (2001), my unique skill set was much sought after and hence I got a job with a R&D startup division of a popular Japanese company. Working with a great group of professionals brought out the creativity in me. I currently have 10 US patents. The sailing was smooth until I started my Green Card process. The outdated immigration system and the long wait in the limbo state has been impacting my professional and personal life. I am starting to doubt that my American dream is slipping away day by day. I hope if Obama becomes the president he would restore some credibility to my faith in the immigration system. But if Sen. Durbin is driving Obama's immigration policy then I fear even more long waits for high-skilled immigrants because of Sen. Durbin's aggressive stance against H1B's. Mean while I have started to look at immigrant friendly countries like Australia and Canada as my possible future destination. Due to too much headaches with immigration process my Director had decided not to hire any more foreign workers, this decision has crippled our divisions expansion as most of the interested candidates require H1's. All the new projects which otherwise would have started in USA has moved to other places all because of the broken immigration process.

    Obama has mentioned many times on the campaign trail that "his education" is the reason why he has risen to where he is now. I feel Obama is a person who values higher education and high-skilled professional and I do have great faith in Obama's skills, I hope he takes a strong stance on the need to reform the high-skilled immigration system.

    Many have been looking at the high-skilled immigrants through a narrow pin hole, even Sen Durbin has been swayed by such critics. NFAP report shows that almost 50% of the private venture backed companies started between 1995 and 2005 are founded by immigrants. Guess what Sen. Durbin and high-skilled immigrant critics majority of those immigrants would've taken the route of H1 -> GreenCard -> US citizen. The companies started by those immigrants employ thousands of Americans and millions in tax revenue. Then why is America so hostile towards the same high-skilled immigration system which in the long run benefits America. Why are Sen. Durbin so short sighted on the high-skilled immigration system? Hope Obama can look at the high-skilled immigration system with a long term perspective and persuade his colleagues in Congress to enact a legislation to fix this broken system.

    Here is the link to the NFAP report which I talked about 6.pdf


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  • unitednations
    03-25 12:41 PM
    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.

    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."

    Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.

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  • panky72
    08-09 02:00 AM
    Just ignore those useless weeds (who don�t know what �joke� means), not only in this thread, even in real life also.

    They will neither be happy themselves nor like others having fun as well.

    I am giving you green.

    :)Thanks nogc_noproblem. BTW where do you find so many funny jokes:D

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  • Macaca
    08-17 09:12 PM
    Dem majority triggers mixed results for K St. ( By Jim Snyder and Jeffrey Young | The Hill, August 15, 2007

    Patton Boggs appears likely to continue as the reigning king of K Street with a revenue growth of nearly 9 percent, according to mid-year lobbying reports filed to Congress Tuesday.

    The law firm earned nearly $19.4 million from lobbying as defined by the Lobbying Disclosure Act, or LDA, for the first half of 2007, versus the $17.8 million it took in during the first six months of 2006. The firm finished first in the revenue race in 2004, 2005 and 2006.

    Elsewhere along Washington’s lobbying corridor, though, results were decidedly more mixed. While several firms reported revenue growth, a number have yet to shake off the doldrums of the last half of 2006, when legislative activity dropped off as members left town to campaign for the midterm election.

    For example, Cassidy & Associates reported a slight dip in revenues in 2007. It reported $12.3 million for mid-year 2007 versus the $12.6 million the firm reported a year ago.

    Van Scoyoc Associates, another big earner, reported flat revenues. Hogan & Hartson, a top 10 earner, reported a slight dip (see chart, P 9).

    The LDA numbers were due Tuesday, and several big names did not have their revenue totals ready by press time. These firms include Dutko Worldwide, which generated more than $20 million in lobbying revenues last year.

    (The figures will be added to the chart online at as they become available.)

    The firms that did well attribute their success in part to the new Democratic majorities.

    Perhaps the biggest success story so far is Ogilvy Government Relations. The newly bipartisan firm, which was formerly all-Republican and known as the Federalist Group, reported mid-year totals of $12.4 million, versus the $6.8 million it reported for the first six months of 2006.

    “We have added talented Democrats that have contributed significant value to our clients and the firm,” said Drew Maloney, a managing director at Ogilvy and a former aide to then-House Majority Whip Tom DeLay (R-Texas).

    Although the switch to bipartisan seems to have been a good one, the firm’s success can largely be attributed to one client. Blackstone Group, which is lobbying against a proposed tax hike on private equity firms, has paid Ogilvy $3.74 million so far this year. Blackstone paid Ogilvy just $240,000 for all of 2006.

    Akin Gump Strauss Hauer & Feld, a perennial top five earner, also grew. The firm reported mid-year totals of $15.2 million, compared to $13.3 million during the first half of 2006.

    Joel Jankowsky, who runs Akin Gump’s policy practice, said Democrats have been good for his firm’s bottom line.

    “The change in Congress has increased activity on a variety of issues and that has spawned more work,” Jankowsky said. Akin Gump now counts 186 clients versus the 165 clients it had at the end of last year.

    Barbour Griffith & Rogers and K & L Gates’s policy group each also reported a slight growth over their revenue totals of a year ago.

    Even firms that did less well were optimistic business was beginning to pick up, even though Democrats have sought to change the cozy relationships between lawmakers and lobbyists through new gift and travel limitations and other rules.

    Gregg Hartley, vice chairman and chief operating officer for Cassidy, said the firm’s business was rebounding from a slow 2006.

    “I see us on the way back up,” he said.

    The Cassidy figure does not include revenues reported by its affiliate, the Rhoads Group, which reported an additional $2.2 million in revenue.

    Van Scoyoc Associates, another top five firm, reported Tuesday that it made $12.5 million this year, roughly the same it reported during the comparable period a year ago.

    “We held pretty even in a very difficult environment and I would consider that a pretty successful first half,” said Stu Van Scoyoc, president of the firm.

    Scandals have made it a difficult political environment for lobbyists and clients have moved cautiously because of uncertainty about new congressional earmarking rules, Van Scoyoc said.

    The LDA filings paint only part of the picture of these firms’ performances. Many of the large and mid-sized firms have lucrative lines of business in other areas.

    Firms like Patton Boggs and Akin Gump that operate large legal practices are also benefiting from the more active oversight of the Democratic-led Congress, for example.

    Democrats have held an estimated 600 oversight and investigation hearings so far, and many clients under the microscope have sought K Street’s counsel.

    “The overall congressional activity is through the charts,” said Nick Allard, co-chairman of Patton Boggs’s public policy department.

    “Lobbying reports are up, but they are just part of what we do, and underestimate what is probably a historic level of activity in Congress and as such a historic level of representation of clients before Congress,” Allard said.

    The investigations also often lead to new legislation, which further drives business to K Street.

    The LDA numbers also do not capture work done under the Foreign Agent Registration Act (FARA), which is reported separately. Most public relations and federal marketing work, both of which are growing revenue streams for many firms, are also not reported under LDA.

    Cassidy, for example, made an additional $1.4 million from FARA, public relations and federal marketing, Hartley said. Van Scoyoc also will report at least $300,000 in FARA revenue.

    Moreover, the LDA itself provides firms with wide latitude in how they define lobbying activities, and thus what revenue must be accounted for in their semiannual filings.

    While some firms blamed stagnant revenues on the unfavorable (and, they add, unfair) scrutiny the lobbying industry has received from the Jack Abramoff scandal, most lobbyists don’t see the recently passed lobbying/ethics bill as a threat to their businesses.

    Patton Boggs’s Allard, for instance, believes the new rules may benefit firms with legal practices and larger lobbying firms that may be better equipped to manage the intricacies of the new law.

    “The need for public policy advocacy doesn’t go away,” he said. Firms that relied on relationships, however, may well be hurt. Potential clients are “are not going to go for the quick fix or silver bullet or glad-handing,” Allard said.

    Lobbyists will have to report more frequently. The new law requires filing quarterly rather than semi-annually.

    The continued focus on earmarks, though, may eventually hurt firms that have built their practice around appropriations work, said Hartley.

    “There is a potential for a dramatic impact on that part of the lobbying industry,” said Hartley.

    Cassidy was once just such a firm. Until recently, as much as 70 percent of Cassidy’s lobbying revenue came from appropriations, but a four-year restructuring effort has dropped that figure to 51 percent, Hartley said.

    Now 67 percent of new business is tied to non-appropriations work, he added.

    The Democratic takeover of Congress also spawned a growth in all-Democratic lobbying firms.

    Elmendorf Strategies, founded by Steve Elmendorf, reported revenues of nearly $1.9 million, despite having just three lobbyists. Elmendorf is a former chief of staff to House Minority Leader Richard Gephardt (D-Mo.) and is a sought-after party strategist. His firm is six months old and has 19 clients.

    The firm Parven Pomper Schuyler reported revenues of $750,000 in part by targeting business-friendly Blue Dog Democrats. Scott Parven said the firm has 13 clients. It recently signed on to lobby for the Pharmaceutical Research and Manufacturers of America. The contract was not included in its mid-year filing.
    K Street's Top Firms ( By Jim Snyder and Jeffrey Young | The Hill August 15, 2007

    07-10 10:14 AM
    Did anybody contradict this caller on the show? Is the recorded show available online?

    We got the CD from studio which we will try to upload on the website. Yes, we did counter that guys. Carl said that the slaves Mike is talking about drive in BMWs and Mercedes to his law firm and majority of his immigrant clients on H1B make more than 100K a year in California.

    We also explained that there are safeguards in place both at temporary visa level like H1B and permenant visa (Green Card) to protect the American worker. The Department of labor has to certify that a willing, qualified, available American citizen could not be found for the position for which a foriegn worker is being hired and the foriegn worker is being paid the wages commensurate with prevailing wages. That pretty much was the rebuttal to "H1B slaves are driving down wages" theory.

    12-27 08:31 PM
    But I think you are wrong about Kayani. I haven't seen any reports about any intelligence agencies pointing fingers at Kayani. So, I am curious if you could provide any links. It sounds like a conspiracy theory otherwise.

    Here is the link:

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