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  • mbawa2574
    02-15 07:12 PM
    People would like to see India as land of snake charmers, cows blocking roads etc.
    They can't digest IITians coming to MIT, Stanford etc. :-)

    I agree man. There is shortage of skills but none of ignorance.:)





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  • legal_la
    07-04 04:02 AM
    Thanks for your diggs. If you go and check the Upcoming stories tab - it has made it to the top in "Hot in All Topics" list...

    keep digging....


    Hope some one will pick up that news. we can go to bed now, we have done something fruitful for today.

    keep digging.





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  • gc28262
    01-18 10:19 AM
    It is true.They were implemented stirctly. But to cheat that many of bodyshoppers are creating fake Paystubs. Getting just payroll expenses and tax from consultant and creating paystubs. How do you prevent that? When good faith effort fails more and more regulations are coming. If our bodyshoppers are honest there would have no regulations like that.

    Probably you are your relatives did these kinds of stuff. Most of us on this forum didn't.

    When did you get your GC ?





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  • Kushal
    07-27 03:16 PM
    So now you say Amway gives you 1099-INT ? Didn't you earlier say they give a 1099-MISC ?
    BTW, Amway cannot issue you a 1099-INT -- that is for bank interest. Look who do not know things (and still try to open mouth ) :rolleyes:

    Bottomline -- you are NOT allowed to do ANY type of business on H1. If you think I am wrong , just share your name and address and I will be happy to send the info to CIS.
    Your mouthfull of garbage does not change the law

    Oh yeahhh..."1099-int" was a rhetorical statement as you mentioned it.
    Don't worry I have already done my homework with law offices or CIS, as I had to show all incomes during interviews. Keep on squeaking.



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  • gc28262
    06-16 04:47 PM
    Merit = Achievement

    CEOs Without College Degrees (http://images.businessweek.com/ss/09/05/0522_no_college_ceos/index.htm)

    http://images.businessweek.com/ss/09/05/0522_no_college_ceos/index.htm





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  • Macaca
    01-16 10:53 AM
    Wonder what is being achieved from these "lively" debates other than feeding the other side with enough ammo to decimate all of us.

    The funny part is 80-90% is complete garbage.

    As one example, my physician aunt while moonlighting (contracting) met another moonlighter (through staffing company) who was paid 100/hour less then her and put in a cheaper hotel/room. And this is 25 years back when there were very few Indians, forget Indian staffing companies.

    Will the memo stop company from keeping unknown %? Will the memo stop layers of companies sucking an employee contract?

    One truth: Indian employers mistreat their employees. But this is well documented (http://immigrationvoice.org/forum/forum89-news-articles-and-reports/776770-the-yanks-are-coming-5.html#post1141683) and across the board.

    I have no problem with any individual but I hate my ex employer and their class (in no uncertain terms).

    I was earning for them, but he and his wife used to behave like big boss to me.Why I shed no tears for them.

    You have a choice: Don't join them. It doesn't require a USCIS memo.

    USCIS and scumbags (Hira, Matloff, ...) have absolutely no interest in the welfare of these affected H-1Bs. Their motivation is 100% sadistic.



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  • alisa
    06-28 07:41 PM
    There is nothing we can do.
    So relax.

    If your AOS is meant to be filed in July, then it will be filed in July.
    If not, then it won't. And things will be similar to the way things have been for such a long time.





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  • u.misc
    01-14 10:12 AM
    This memo is a Blow Job to the anti-immigrant lobby and is politically motivated. Although this won't effect people using EAD but there are number of people who are waiting to file I-485 and would need to extend H1-Bs.

    Lets fight for the rights. A picture perfect example of "protectionism". This memo won't be a doom for Skilled workers but for USA.

    Skill have no boundaries and would find a way to success, if not in USA, somewhere else.



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  • logiclife
    06-28 07:37 PM
    I think the folks who decided to file on their own are clearly the winners here because they have complete control over when the AOS gets filed. Folks like me who decided to go with the company law firm are clearly the biggest losers here because with all the added work load, the law firms are in complete disarray and can not guarantee anything about when the cases will be filed. The company law firm I am dealing with is in so much disarray that they have stopped taking phone calls and they wouldn’t even talk to me on the phone.

    I have submitted all documents and filled out all their forms a while ago and I still haven't heard a word from them about whether they have received all the documents and when do they expect to file my case. Yet this is the law firm that probably charges 400 bucks an hour.

    Like logiclife said, I wish I would have done it myself. Well .. too late now :(

    I suggest that you do this: Send the URL from AILA's memo about what happened to EB3-other worker category in June. And copy your HR and senior folks of your company when you email lawyer. That will tend to focus the attention of your lawfirm and they will either have to say "We will file asap" or they will have to say "AILA's memo doesnt mean anything".

    I bet they will come back with the former conclusion.

    Apparently, these lawyers have been too conditioned to work 30 hours per week and now, having to work 60 hours per week is too tough. NEWSFLASH LAWYERS : We idiots in IT and software very often work long hours to meet project deadlines. Its a part of life. Get used to it or like I said before, find something else to do. Like basket weaving or poetry writing so that you dont have to see deadlines and dont have to burn midnight oil.





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  • god_bless_you
    10-23 02:33 PM
    Hello everyone.

    I was wondering if someone could point me to how exactly labor substitution works.

    Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.

    If someone has any article on labor substitution and how it works please post it on here.

    Check Immigration Portal forums Labor certification .. Preapproved LC
    Labor substitution Pros Con's etc.. widely discussed there...

    http://www.immigrationportal.com/showthread.php?t=123495



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  • nixstor
    09-23 11:42 AM
    I just emailed all of them with my name, address and phone number. Atleast 13 of them bounced. Can some one correct the email addresses in that sheet.

    Thanks for sending.

    send me a PM with addresses that bounced. I will update the list.





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  • bfadlia
    02-15 02:22 PM
    u r missing my point..
    Again you are saying it's a SKILL cap. We can agree business may hire whoever they please but don't pretend that they only hire based on SKILL..
    when someone says let business hire the "best and brightest", that's my problem, he implies the best and brightest are concentrated in only two countries so that's what's insane, that's why he won't be taken seriously.
    cheers.



    Yes skills don't need a cap. If I am a business owner, I have all rights to hire best and brightest in the world. It is my choice whom I hire not Government tells me where to go for hiring. Business may hire from India or Antartica, it should not be anyone's damn concern. Let the free markets work !!! This is insane



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  • jaane_bhi_do_yaaro
    08-18 04:43 PM
    Could not have said it better. Atleast we who have been fortunate to see "outside world" have to consider these actors/actresses as ordinary human beings. I would rather say that it is good that this guy was held up for 2 hours. He mentioned that he was taken into a room where several other asians were also present waiting for help. I really hope the guy realizes that not everybody in the world knows him. If on the other hand he had invested his money in creating a sharukh's village for the orphans or done some other huge charity work (not just for income tax evasion) I would have felt sad but even then not terrible as many feel now.
    LESSON THAT WE LEARNT:: EVERYONE GETS TO BE EQUAL SOMEWHERE ALONG THE LINE....
    Dont be too much awed by these artists. They rake in millions but give back VERY VERY LITTLE. So why would be even thinking about them more than the average business person????..
    PS:- Dont misunderstand this as a statement arising out of jealosy or insecurity but it is JUST THE REALITY WHICH HOPEFULLY WE WILL ALL REALIZE ONE DAY.

    I agree that it can happen to anybody. It happened to VDL Rao too!!!
    He was questioned for his accurate predictions at LAX and NY Airport every time he landed.
    But great thing is VDL Rao did not make any publicity out of that. He remained quiet as he is on this forum.

    Jai Ho VDL Rao!





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  • deba
    07-10 11:29 AM
    congrats byeusa. wish you the best. I just sent you a personal message here. If you get a chance please reply. Again, congrats.



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  • mbartosik
    12-13 11:48 PM
    Mark,

    what say you?

    In some states the courts are "Courts of equity and law" or is it "Courts of law and equity", in other words the court has a mandate to enforce fairness within the bounds of the law (NY State is one such state). This derives from English law. However, I do not believe that is the case for federal court.

    If the courts were courts only of fairness, equity, what's right, etc., yes, indeed then I think that we would win. But the courts are courts of law. In our case the federal courts are courts of federal law. Congress writes those laws, and the courts are free to interpret those law but not change them. The courts can also throw out a law (this is often appealed to Supreme court). The Supreme court's job is to interpret the constitution, and to define how the lower courts must interpret the law, or to throw back the law to Congress.

    We have next to no chance in lower courts.
    Even if we appealed through courts up to Supreme court, and win we would loss because Congress would still be free to change the law to restrict in other ways, possibly with the same effect. In the mean time we would alienate those law makers on our side. Also USCIS would be free to stop ALL EB immigration, while the Congress decided how to rewrite the law.

    In our case there is no interpretation other than the mess that we are in is the law. So the Supreme court would have to find that the law was against the constitution, which I highly doubt that it is.

    Even if the supreme court found that the law was against the constitution, Congress could enact another similar law (akin to minimum sentence), that merely fitted within the framework of the constitution but achieved the same end result. A recent example of this was when the Supreme court found that Gitmo detainees must be given a right to review of their detention. The detainees were not immediately released because they were detained without review and against the constitution, no, Congress simply passed a law allowing review by military tribunal, that complied with the Constitution, and the detainees remained detained, with a totally meaningless review (not allowed to see evidence against them etc.).

    Thus the branch of government that we need to convince is Congress (which by the way I think the Constitution or an amendment gives the right to government immigration).

    I'm not saying do not fight, just fight smart.

    To me fighting smart means going to the law makers, politely, and persuasively. It is not aggressive, it is not radical, but it is fighting wisely. So I don't think that we are backing down in the face of things that are wrong, I think that we are standing up, but intelligently, and fighting where we can win.

    It is Congress that ultimately decides, the Supreme court can only say to them, "sorry, not in compliance, try again".





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  • god_bless_you
    10-17 02:09 PM
    I am finally moving to canada in 2-3 months. Deadline for landing is March 3rd 2007.

    I am done with US Green Card and can not take this stress any more. Starting to sell my house and other stuff soon.
    is the information on this website www.notcanada.com is reliable?

    is the job market that worst there??



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  • Pineapple
    12-14 02:16 PM
    I agree with alterego.

    There is another compelling argument against taking the lawsuit way, even if assuming there is a case to be made, and we have plenty of money. (The first is unclear, the second is a firm no, but let us assume anyway for the sake or argument)

    One of the reasons why Roe v Wade, 34 years on, is still a controversial decision today is the fact that the US is probably unique in the world in the sense that a constitutionality argument was used to decide public policy.
    In Europe, as in other parts of the world, abortion was considered as a health issue, and handled via legislation and health care guidelines.
    But because it was a constitutionality issue in US, and enforced from the bench, a significant portion of the populace felt left out of the decision making process, which stimulated a simmering opposition and entrenched the main actors of the "culture wars", which persist to this day.
    There is significant debate even among liberals whether Roe V Wade has helped or harmed the liberal cause, and if knowing what we know, there could have been another approach to achieve the same end.

    In a nutshell, approaching the courts is a double edged sword. There may be some strategic gains in the short term, but the long term impact is unclear and unpredictable. A legislative approach might be slower and incremental, but it is less risky.

    Think of lobbying as polite negotiation.
    Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
    Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.



    This is exactly correct. It is not the question of right or wrong here. That is what gets folks so upset on this thread, they feel since their viewpoint s right then.......... Most neutral observers like mbartosik can see this as unjust and there may be many in the US as well, however certainly not the majority. However, there are many ways in which this could backfire. One example is the recently seen debate over illegal immigration and the turn in public sentiment. Truth be told, if someone did something wrong 12 yrs ago(crossed the fence), now is married to a US citizen and has 3 US children, what do you do with them? What about the 3yr old who was brought to the USA by their parents and knows no other system? Perhaps a few years ago joe public would have given them a pass, no more, the debate has become so nasty that positions have been hardened to the point that reason does not prevail. Another reason has something to do with the perceived sense of entitlement Americans sensed in the illegal immigrant community(of course fanned by Lou Dobbs and his ilk). These are complex issues and generally you will get a lot further appealing to someones sense of fairness than explaining how you are entitled to something and will take it from them if it is not given to you.





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  • jackrabbit
    03-26 06:45 PM
    No, waiting for OMB clearance.

    And does this mean that this law will definitely change, or is it still possible that vested interests may still keep substition alive?





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  • rongha_2000
    07-26 02:42 PM
    So why are you here in the first place? Why in US? Why applying for GC? Why on IV to try to improve this broken system? Face the fact, you too dont want to return or else you wouldnt be here.

    There is no harm in being selfish and persuing a better life. "Do something good for India" is an ideal punch line for preachers. BUT Be realistic.

    I am an Indian and proud to be so. Indians - Remove the "SLAVE" mentality from your minds. Think positive. Do some thing good for India, where you have been born and brought up; where your previous generations have flourished. Since, you are now living and earning in US, be loyal to US too.





    logiclife
    01-23 04:32 PM
    http://news.mainetoday.com/updates/008785.html

    NEWARK, N.J. - A business owner from India was sentenced Monday to 20 months in federal prison for helping hundreds of immigrants live and work illegally in New Jersey and elsewhere in the United States.

    Narendra Mandalapa must also forfeit $5.7 million and two luxury cars - deemed to be proceeds of his crimes - and pay a $25,000 fine, under the penalties imposed by U.S. District Judge Dickinson R. Debevoise.

    Mandalapa, 36, was owner and president of Cybersoftec Inc., a business consulting firm based in Edison in 2004 and 2005.
    Cybersoftec also claimed offices in Portland, Maine, and
    in New Hampshire, and obtained more than 150 certifications in the two states for temporary work visas in 2004 and 2005 through the U.S. Department of Labor, the Portland Press Herald reported.

    Cybersoftec, according to Maine Department of Labor records, also filed about 50 labor-certification applications in Maine for green cards, which allow foreigners to live and work in the U.S. indefinitely.

    Mandalapa had pleaded guilty to immigration fraud, admitting that he got up to $22,000 from immigrants to file fraudulent documents. Those included I-140s, which are petitions for an alien worker to become a lawful U.S. resident.

    Mandalapa has been in custody since his arrest Nov. 3, 2005. His lawyer, Bruno Bier, said Mandalapa will get credit for his 14 months of confinement and will spend about six months in prison before he will likely face deportation proceedings.

    None of the indictments on 29 counts of immigration fraud, money laundering and mail fraud related to his applications for green cards were linked to activities in Maine. Mandalapa pleaded guilty to one count as part of a plea bargain.

    Bier said Cybersoftec is no longer in business.

    Our message to Narendra "Nick" Mandalapa : Enjoy prison. Maybe on the inside, you can sell contraband items just like on the outside you sold approved labor certs.

    --------------------------------------

    Like someone said on the news article thread, the only difference between this guy and other desi companies (Desi means "of Indian origin") is that this guy got caught, while hundreds of other companies still sell approved labor certs with earlier priority dates.

    And all this illegal trade is much to the delight of AILA, who is pushing hard to keep labor substitution alive.

    What's in it for AILA? : Additional business of labor substitution. Now, for a few extra pennies, AILA would not hesitate to screw thousands of GC applicants waiting in line and enable the "Cutting in line" that happens due to labor substitution.

    So if you think AILA is a friend of immigrants (legal or illegal), think again. Its a friend of $$$. And there is nothing wrong with that. Everyone pursues self-interest. That is what AILA is doing. But dont misunderstand AILA as a champion of immigrants (legal or illegal). It represents immigration lawyers, not immigrants. On a rare occassion, the interests overlap, and that's good. But on many issues, AILA has a history of being very very employer friendly as far as immigration law is concerned, even if it comes at the cost of employees(immigrants).





    amoljak
    10-23 03:27 PM
    Thanks eb3India.

    How does the current company obtain a pre-approved labor? Does it buy the pre-app labour? Or is it SOLELY because someone in the company left (whose labor was approved)?


    Labor certification means a company is certifying that they cannot find an American to do the job, lets say write a Java program. So once they certify that, they can say look we have this dude from India who can write Java programs, we want to hire him permanently. But what if the dude gets a better job or goes back to India or both...? The company still needs someone to write that Java program... they have established that they are not able to find an American to do that... so they can say this dude-2 has the same qualifications as the dude whom we originally want... so let us hire him permanently... so that is labor substitution... there is genuine business case to do that.



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