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  • dontcareanymore
    08-05 02:33 PM

    Your questions are valid and great arguments.
    Do i care to answer them all, no. But since we are talking and not fighting, yes i will take some time to provide my input.
    Thankyou for asking my input nicely, i like to belong to a group of educated and people who wear a head on their shoulders.

    Now a days its in fashion to go to school and call oneself educated, which to me this is as absurd as buying a piano and calling one self musician. This is my version of an old saying (trying a little bit).

    Again thanks for your politeness, and showing brotherhood.

    Here is my input.

    you asked - You can't generalize everything. Do you care to show how this is as bad as labor substitution ?

    My 2 cents:
    It was bad because many people were selling labor certificates. I know people who bought them for 10K, and got in green card line and well ahead in line than me and probably you ( we both are on the group today).

    you said: How about Comparing job duties of all EB2s and EB3s
    My 2 cents: why, what will this give you , other than some unrest and one more fight/arguments.

    you said: Rules are made with good intentions and it is people that misuse them. But for the desi sweat shops selling labors , even the labor substitution has some merits in some cases (Again Not all).

    My 2 cents: Yes i agree. This lawsuit idea is also to stop unjust practice, with good intentions and not all.

    you said: Again , I don't really care what happens with this law suite (even if that happens). Just wanted to impress that there are very good number of legitimate cases where the PD porting makes sense and it is required.
    My 2 cents:
    you are right there are cases where porting makes sense, but you cant claim the same on all cases. There are cases where this practice is unjust and breaking the line.
    Why do peole always port in favor of date/time to get faster green card. If porting is so justified ( job duties) how come no one ports to a category that is too late than one they are in.

    Most importantly, you cant push people around, just be nice to people. Please.

    I stand with you in this fight, but remember you stand with me too, and we stand together
    to make a point for all.

    Sorry , you can't hide your passive aggressiveness :)
    AS I mentioned on other occasions this whole process is screwed up. it gets you worked up when some one compares this (PD recapture) to labor selling. IT IS NOT.

    To answer what does one get by comparing the job duties : It gives a lot. It gives EB2 classification only to those who deserve it. I wish the rules are much stricter.So that those who can claim they are EB2 are really entitled to be EB2.

    There is so much dirty laundry and not good to bring that in public. But if this law suite goes , it does not take very long to show how genuine some EB2s are.

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  • heywhat
    08-02 01:09 PM
    So are you not working for company which is processing your GC application?

    My case is intent-to-hire for 485, so my attorney just took 3 paystubs and 1 w2 for filing. Is that ok?

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  • unitednations
    07-17 12:37 PM
    My employer back in 2001 and 2002 did not pay me in a consistent way..I was paid once in every three months during the time I was in bench. I have the W2 returns from those two years which shows average income of only 29K. However I had valid visa status and h1b approval from my employer as well as employment verification letter from them. Now i am with a new employer since 2003 and do not have any problems with them and get paid regurarly. After reading manub's post I am also worried if my I485 will be denied whenever I apply for it... or is there somethings I can take care of before? It is not my fault that the employer did not pay me consistently - right?

    A decent number of people were in this situation during those two years.

    uscis if they want can go all the way back to date of last entry prior to filing 485 to prove status (monthly paychecks, w2's, etc.). If cumulatively you did not maintain status for 180 days then it can be a problem. If you get this type of rfe then you have to go through great lengths to explain and get the out of status time to less then 180 days.

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  • sanju
    05-16 09:42 AM
    No this is not correct. If consultancy companies are not there we could find a permanent job. I do not think if H1b is banned for consulting H1b numbers will be reduced so much. H1b rotation will be reduced. But still TCS, Infosys will survive as they have lot of other options like L1 and B1.But US persons will make more money in consulting as there is no restriction for them. So impact is minimal for US companies and also H1B persons. impact will be severe for bodyshoppers. Also current H1b people will not be impacted as most of them will file I 485 as Skil bill be passed. But H1b abuse will be minimised.

    If consultancy companies are not there we could find a permanent job.

    oh really!!! Your argument is exactly the same arguments used by lazy and undeserving members of IEEE-USA who simply want to eliminate their competition from the younger and more dynamic engineers from the other parts of the world. They also think that if H-1B folks will not come they will get all the jobs and their rate will go from $100/hr to $200/hr. You seem to think that Durbin-Grassley bill will create more permanent jobs for you. Why is there such a strange similarity between yours and IEEE-USA's thinking?

    Companies will survive and they are good with that. Let’s worry about our survival rather than the survival of TCS, Infy etc.

    But US persons will make more money in consulting as there is no restriction for them...... impact will be severe for bodyshoppers.

    Again, strangely enough, your views are identical to the views of IEEE-USA. The fact is, "more money" will be there for very small time. And then jobs will be outsourced to the person who would have come here to do the same job. In the final analysis, Durbin-Grassley bill only delays the demand and supply meeting each other for couple of months. But in the new setup, Durbin-Grassley bill is making sure that the job is outsourced for ever. True, before the job is outsourced, there will be "more money" and "more jobs" for small window of time. But then, it will be NO job till eternity. Its like, you can either be satisfied with the golden egg each week or you could choose to kill the hen that gives you the golden egg.

    But H1b abuse will be minimised.
    You will then join a permanent job and whine about someone laughing at you when you pass though the hall-way or not looking at you in the meetings when you are talking. So the bottom line is, there will then be different kind of abuse and exploitation. What will you do then? Maybe you could go to Durbin-Grassley again after a year and ask them to pass another bill to protect us from the "abusive" way someone laughs when you walk though the hall-way. I am sure IEEE-USA will help to promote a bill to protect ALL of us from such an "abuse".


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  • gjoe
    07-14 02:35 PM
    Looks like the situation in this thread is going to get from bad to worse.

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  • ita
    01-03 04:44 PM
    I'm not with those proposing war on this thread neither am I with those advocating no war (I felt most of the reasons, not all, were ugly).I was not keen about sharing my thoughts on this topic or may be I was not sure so I didn't join this thread earlier although I've been watching this thread.

    No matter what is being discussed on this thread there is no war imminent in South Asia ,which is good.There's not going to be any war not because of the reasons that some of the folks on this thread that are against war were citing . We all know the reasons why there won't be war.

    There's not much that we as individuals could do to wage a war or stop a war ,that's for sure at least for now.

    Nevertheless it's interesting discussion.

    That said now something for you alisa.

    You are right. And so it is imperative that before that happens, the perpetrators and their handlers are hunted down, exposed and punished, in a credible and transparent manner.
    Pakistanis should want to know who is trying to provoke India, and risking a war in the subcontinent, and why.

    If you would revisit the earlier posts on this thread you would find that we did trace that part of the circle. With due respect I would like to ask, now do you understand why 'nojoke' is calling you delirious?

    Pakistanis should want to know who is trying to provoke India, and risking a war in the subcontinent, and why.

    Please revisit the earlier posts on this thread you and all of your Pakistanis(that you are pitching in for) would get to know what you want to know.

    Now Specifically for you :

    1.Either you already know what you are doing -trying to take everyone on a silly logical ride
    2.You don't know what you are doing and thus taking everyone along with yourself on this silly logical ride.

    If it's #1 we have many smart alecs in the society and that's nothing new.It's for us to royally ignore you unless of course someone wants to kill their time responding to you.

    If it's #2 , though you have not asked me here's a piece of friendly advice, take it or drop it,it's your choice.But before you go about posting on this thread next time sit down and contemplate your logic that's telling you what you are doing is right.See if you are convinced. That'll help you a lot in many aspects not just on the subject of this thread.
    Your this unending tireless logic that is so strong that it won't let you see that you are doing circles.Delirium would be one word for it but my explanation is the customized(for you) meaning of the word delirium which seems to suit you aptly for now.

    why apology I am not responsible for the actions of those people.

    you would find an answer to your this question if you went back to read your posts just yours not even other posts on this thread.

    Imagine if after 9/11, an American asked you to apologize for the actions of the 19 'Brown men' (I am assuming here that you are a south asian male) who killed 3000 Americans, how silly do you think that situation would be.

    Now if there were incidents like 9/11 going on in this country for last 20 years, all committed by South Asians and then a person from South Asia keeps arguing that Americans should not go to war against South Asia to deal with a problem that South Asia doesn't seem capable of dealing with then apology won't look silly to start with and here 'nojoke' is asking for an apology almost towards the tail end of the thread(Meaning all the folks on this thread have been really patient,understanding with you and your logic though we allcould see through it just after first 5-6 posts.)

    If cockroaches from my house take a dump in your kitchen, don't ask me to apologize for that.

    If you keep your house shabby,don't get rid of the garbage that you know is breeding those roaches and those roaches keep jumping on to the next house from yours ...the said neighbor has been patient with those roaches for like 20 years...then when he and the corporation think of taking action(clean up) the garbage in your place... then you/your house mates jump in to say that your neighbor,corporation and you should work together or wait for like another 20 years to get rid of those roaches when the actual work can be accomplished much sooner, who is at fault here?.

    I've also observed from all your posts that you keep citing example after example, when someone joins in to break your silly logic you royally ignore those posts ,go ahead and throw another logical example at another post that you choose.

    For instance refer to this answer from 'GCmuddu_H1BVadd' to you earlier post

    Well, if one provinance is joined hands with the theives then the police from second provinance should kick the other provinance's theives and police (as*).And yes a possible revilary between two provinances.

    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.

    Moral of the story:

    Till a certain point you were fine (where many of us thought that you are much better than 'Zeb','Shuuyaib') but then you started (you kow it or not ) playing this game where you concede a point only to keep peddling this haggard logic of yours.
    On a humorous note I guess you are trying to get solutions to all of the pakistan's problems for free on this forum from IV members(be it roaches, terrorists, non-state actors or the state itself.)

    So go on ...keep posting your delusions ...or give your self a chance to
    think what you are doing...I'm not saying you don't think(just that your logic in on what can be called irrelevant overdrive). I guess even you would agree that too much of anything is too bad be it terrorism or your haggard logic.

    All those who don't agree with me keep having fun with this handles posts.

    Thank you.


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  • h1techSlave
    09-26 12:03 PM
    Because of unexplained reasons Indians generally support Democrats. Even though Democrats generally do not care for India or Indians.

    One of my collegues once told me it is because India is a democratic country:D. I told him to support the Republicans since India is a republic.

    I am a big supporter of Obama and a big fan and am eagerly looking forward to see him as our next President of United States. As a legal highly skilled immigrant what can I expect? Well, not sure if I would see myself living here anymore. I have been in the green card queue for more than 8 years now and still waiting. Will Obama's administration do anything for people like me to help reduce backlog? I doubt such a thing will ever happen. I would see myself and people like me discouraged and start packing our bags and move on with life.

    Why do I feel discouraged? If anything is going to happen for the immigrant community when Sen. Obama becomes the President, it is going to be in the lines of CIR 2007. There would be provisions to make illegal immigrants as legal and remove backlogs to family based quota whereas posing harsh restrictions on H1b visas and reducing Green Card quotas and scrap AC21 portability and try to experiment with some new kind of skilled immigration system.

    The above is very evident based on the fact that Senator Durbin has been very hostile to EB immigrants. It is evident that Senator Durbin will make the calls when Senator Obama becomes the president.

    Please post your opinions. This is a very important discussion. It is very important that the community see what is in store for us when the new Administration takes charge.

    A lot of folks in the EB community are looking forward to 2009 thinking something will definitely happen. Yes, something will definitely happen - and that may not help us

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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.


    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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  • jung.lee
    04-05 04:27 PM
    fide champ,

    If you can swing it in today's markets, and live through your losses, then go for it! You know your own financial and family situation the best, so only you are in really in the best position to judge what's right.

    I am in SoCal but I follow NJ through the following blog: http://njrereport.com/. Hope it helps.

    Good luck,


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  • sledge_hammer
    03-24 07:54 AM
    Thanks for your insight. Its about time most of us here understand not to take immigration rules lightly, and I've been preaching this for the longest time already!

    People here had their own justification about "consulting". Well, this is what they get for exploiting loopholes.

    A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.

    There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.

    Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.

    Right now;

    VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?

    They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.

    It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.

    They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).

    USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.

    People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.


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  • Marphad
    12-18 01:45 PM
    Sign of very rare good pakistani journalism:


    Worth reading.

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  • gc_chahiye
    08-03 02:05 PM
    ... going from consulting companies to "permanent jobs"; .... all of these things add a lot of complexities.

    huh? another shocker (atleast for me): what is the issue with using AC21 to go from a consulting job to a permanent one? As long as title and duties say the same. If I am consulting at a client site, cant I use AC21 to join them fulltime 6 months down the line? My duties etc remain exactly the same.


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  • gc28262
    07-13 10:45 AM
    I commend the initiative. But I see a few issues with it:

    You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role

    You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.

    Who has the authority to set the spillover mode ? (Vertical vs Horizonal)

    I read in some immigration forum that USCIS/DOS has switched between these at will in the past.

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  • Mani
    07-14 01:06 AM
    Eliminating concurrent filing of I-140 & I-485 could provide some short term relief for backlogged categories. But again, this would impact new filers in getting their EAD. Any short term solution isn't going to help all EB3 and EB2 folks. The bottom line is that we have limited number of visas and the demand is always greater than the supply. This issue isn't going go away. We will continue to be in this dog eat dog situation until supply is increased (Backlogged Countries Vs ROW, Legal vs Illegal Immigration & now EB2 vs EB3). Please continue to push for Lofgren bills which could get us out of this mess.


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  • boreal
    04-08 12:17 PM
    I would rather buy low price house at high rates than low rates and at higher price. I can sell my house anytime I want. If you buy house at peak, you will not have equity when the price falls and you get holding the bag.

    Thanks, the above quote is sealing the deal for me (NOT buying now). i am in the bay area too, was very excited to see all those Gilroy homes drop in value (sometimes more than 150K as shown in MLS listings, yeah i was prepared for the hell-commute to San jose from Gilroy just for the pleasure of giving a big house to my family...). But thanks to all the arguments and counter-arguments, i have more knowledge now and know not to burn more of my hard earned money (God knows how much i have already lost on stocks!!)

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  • smisachu
    01-04 02:10 PM
    So you should not have any problem if India kills a few of your cockroaches, right? In fact India will be doing a favour to you, since you are undble to kill the roaches in your house, India will do it for you..This has been my point all along in this thread. India should conduct surgical strikes and "clean" regions of Pakistan where these terrorists eminate from. Pakistan should in fact open its borders and aid Indian troops in cleaning up its mess.
    India is not interested in occupying Pakistan nor is it interested in destroying it. Stop being paranoid, we only want the roaches killed.

    And for your parallel of 9/11, 3K Americans were killed by 19 "Middle eastern" Muslims- not South Asians. The problem of terrorism ranges from Egypt in the west to Pakistan in the east. It does not bring India into play and the whole world is aware of this. India has been a victim of terrorism for the last 60 years.

    "What apology?
    I am not responsible for the actions of those people. Imagine if after 9/11, an American asked you to apologize for the actions of the 19 'Brown men' (I am assuming here that you are a south asian male) who killed 3000 Americans, how silly do you think that situation would be. If cockroaches from my house take a dump in your kitchen, don't ask me to apologize for that.[/QUOTE]"


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  • gimme_GC2006
    03-23 02:19 PM
    hey buddy are they digging your case just because you worked for the top 5 indian IT and does it start with a "S*****" , just wondering are they digging up all those who worked for them?

    well..you hit nail..yes..I initially worked with that company that started with S**..but I changed them after 1 year after coming to US

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  • pete
    04-10 04:12 PM
    Its important to understand the root cause for the retrogression. Illegals dont have categories and categories in the EB GCs are there for a reason. It makes a world of a difference for somebody who is EB2 or EB3 if the person was from say.. Bangladesh. If EB2 he is all set if EB3 he will be languishing here. I am EB2 and am in trouble because of CONSULTANTS and yes I have a problem with that.

    Fighting between EB categories shows how shallow our debates can turn out to be! Rhimzim & all, do the illegals differentiate between meat packers, seamstresses, window cleaners etc.? Why waste time and energy?

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  • nogc_noproblem
    08-05 01:59 PM
    We've been trying to save money because the mortgage payments ...

    ... were pretty tough to work with. I don't reckon I drink too much beer, maybe a carton on weekends with the boys, but she told me we couldn't afford beer anymore. Well, it was tough, but I quit.

    Then the credit card statement came in, with $150 spent on cosmetics. So I asked how come I had to give up stuff but she didn't. She said she needed the make-up to look pretty for me.

    I told her that was what the beer was for.

    I don't think she's coming back.

    04-09 11:29 PM
    we may be thinking that the points below are a worst case scenario but according to the famous economist Roubini - this is a likely one.
    on the lighter side - if this really happens then even the mighty GC would finally become just a card.:rolleyes:
    1. We are experiencing the worst US housing recession since the Great Depression and this housing recession is nowhere near bottoming out. Housing starts have fallen 50% but new home sales have fallen more than 60% thus creating a glut of new –and existing homes- that is pushing home prices sharply down, already 10% so far and another 10% in 2008. With home prices down 10% $2 trillion of home wealth is already wiped out and 6 million households have negative equity and may walk away from their homes; with home prices falling by year end 20% $4 trillion of housing wealth will be destroyed and 16 million households will be in negative wealth territory. And by 2010 the cumulative fall in home prices will be close to 30% with $6 trillion of home equity destroyed and 21 million households (40% of the 51 million having a mortgage being underwater). Potential credit losses from households walking away from their homes (“jingle mail”) could be $1 trillion or more, thus wiping out most of the capital of the US financial system.
    2. In 2001 it was the corporate sector (10% of GDP or real investment) to be in trouble. Today it is the household sector (70% of GDP in private consumption) to be in trouble. The US consumer is shopped out, saving-less, debt burdened (debt being 136% of income) and buffeted by many negative shocks: falling home prices, falling home equity withdrawal, falling stock prices, rising debt servicing ratios, credit crunch in mortgages and – increasingly – consumer credit, rising oil and gasoline prices, falling employment (now for three months in a row), rising inflation eroding real incomes, sluggish real income growth.
    3. The US is experiencing its most severe financial crisis since the Great Depression. This is not just a subprime meltdown. Losses are spreading to near prime and prime mortgages; they are spreading to commercial real estate mortgages. They will spread to unsecured consumer credit in a recession (credit cards, auto loans, student loans). The losses are now increasing in the leveraged loans that financed reckless and excessively debt-burdened LBOs; they are spreading to muni bonds as default rates among municipalities will rise in a housing-led recession; they are spreading to industrial and commercial loans. And they will soon spread to corporate bonds – and thus to the CDS market – as default rates – close to 0% in 2006-2007 will spike above 10% during a recession. I estimate that financial losses outside residential mortgages (and related RMBS and CDOs) will be at least $700 billion (an estimate close to a similar one presented by Goldman Sachs). Thus, total financial losses – including possibly a $1 trillion in mortgages and related securitized products - could be as high as $1.7 trillion.

    05-16 12:07 PM
    No need to have Durbin's bill. Just ban Outsourcing, then all jobs will come back and everybody will be happy here in US.

    My view is not based on my personal gain or loss. My view is even if they ban consulting H1b numbers will not be reduced so much and cap will be reached. Number of permanent jobs will increase and they will hire H1b only when there is real shortage. Why do you think IEEE-USA members are undeserving and lazy just because they are interesting to put restrictions in H1b? Infact they are interested in more green cards. We are appreciating. Just because they are pointing out some problems in the program we cannot brand them as anti immigrants or lazy people. We ourself know that there are some issues in the program. While we were studying in the college it was big achivement if our research article comes into IEEE. So IEEE is considered as one of world best academic association.

    It is not TCS,Infy,Wipro is causing delay to GC. Infact I worked one of those companies and still they are one of best in India. Still I may work those companies if I go to India.

    If there is real shortage of skilled people then we will pass all the tests which are given in Durbin proposal and we can get H1b. What is the problem in accepting? Infact I am not supporting Ban of H1b on consulting but other than that everything can be fine and easily passed by most of H1b persons

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