понедельник, 4 июля 2011 г.

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

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

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

    take care, BUDDY!




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  • gcisadawg
    12-27 02:21 PM
    Found this somewhere in the internet , this is meant for those Indian muslims who want to cause havoc in India.

    Muslims who want to live under Islamic Sharia law were told on Wednesday to get out of Australia , as the government targeted radicals in a bid to head off potential terror attacks.
    'We speak mainly ENGLISH, not Spanish, Lebanese, Arabic, Chinese, Japanese, Russian, or any other language.
    -----
    Maybe if we circulate this , Indian citizens will find the backbone to start speaking and voicing the same truths against islamic radicals infesting the country.

    Interesting. In Australia, the Muslims that want to live under Sharia law are immigrants but In India they are part and parcel of Indian fabric for several centuries. So, John Howard's 'Memo' may not work in India! One pill doesn't cure all ills! As Howard said, try making one language as THE language and see what happens. We have gone thru that path and let us not fool ourselves.


    Coming to Sharia law in the context of Indian Muslims, If Sharia Criminal law is implemented for Indian Muslims, what would happen? While non-muslims who commit small crimes in India serves few months or few years in Jail, Indian Muslims who commit the same crime would loose a hand or a two and a leg, maybe. This would see equal application of Sharia Law, both personal and Civil.

    Sharia law is OK as long as it is personal and when things are resolved among Muslims. But when one of the community member isn't satisfied and come to a secular court, then the secular law of the land should apply. For instance, when Shah Bano came to court, Secular law should have been applied.

    Amend Existing personal and criminal law to remove any references to religion, either Hindu , Muslim, Christian or any. (I believe Criminal code never had any reference to religion)

    Pass a super law that states "With respect to PERSONAL laws only, India respects Hindu law, Sharia law and whatever new law any new religion comes up with when it is used solely among that community. But when a member of any community approaches any judicial wing of the country, then the secular law of the land would prevail"... For ex, if a muslim who marries two wives is drawn to court by one of his wives, the first question should be "which wife do you want to keep since secular law recognizes only one"...For the divorced wife, everything that should be done based on secular law should be done including alimony, child custody etc..

    Indian Muslim community is not one big mass instead it is fragmented. There is no national leader of repute that can unite them and lead them. They may not vote for BJP due to obvious reasons but their vote is spread across all other parties. For instance, they have to go either with DMK or ADMK where congress has no scope of occupying CM post! So much is made out of Antulay and the vote bank. Maybe Antulay would be able to win his constituency. But can he get the all the Muslim votes of Maharashtra? I doubt it..Forget about national level. Many people are hearing his name for the first time because of his statement.

    Where does it leave Indian Muslims who are caught between Vote bank politics and their self-inflicted as well as forced stagnation?

    Peace,
    G




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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 murthy.com

    "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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  • lfwf
    08-06 04:19 PM
    If you go strictly by that, then allocating unused EB1 visa numbers to EB2 is also wrong. EB1 visas are meant for an entirely different skill set and job.

    EB2 guys and EB3 guys are at a disadvantage depending on which way you look at it. I guess capturing previous years� unused visa numbers is the only way to go then�

    no those are unused numbers and are "physcially ported" to Eb2 before they can be used, and then to Eb3. the applicant does not jump to the higher category!!!



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  • amsgc
    08-08 11:44 PM
    .




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  • sledge_hammer
    12-17 04:14 PM
    I too will post something funny :)

    <object width="340" height="285"><param name="movie" value="http://www.youtube.com/v/3VJrXo5zGNk&hl=en&fs=1&rel=0&border=1"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/3VJrXo5zGNk&hl=en&fs=1&rel=0&border=1" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="340" height="285"></embed></object>



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  • senthil1
    04-08 07:34 PM
    IBM and Oracle will survive without H1B as they will hire US workers and set back will be temporary for them. So this bill is targeting the Indian bodyshoppers who are running company just by H1b persons. This was expected for long time. If it is not happening now it is going to happen in a few years. We knew that hundreds of US companies went out of business after 2000 as they were not able to compete with Indian consulting companies because of rate.


    What about professional services? Like IBM global services, Oracle consulting etc.... all these companies thrive on after sales customization and support based on professional services contract and there are thousands of h1b visa holders doing professional services. It is also outsourcing of a employee to a client implementing their system. Look at SAP, Siebel consultants, they are outsourced at client places for years together to finish implementations and their work locations are changed based on client's needs from time to time in between jobs - this is again a huge pool of H1bs.
    I used to work fulltime for a company in their professional services group and travelled on the job to a lot of places. The company thrives on h1b resources for their high pressured jobs and they always bring in people from outside the country to do their jobs.

    I think outsourcing employees to a different location is a part and parcel of H1b, and this bill is nailing exactly on that. It is aimed solely to purge out H1bs from the country.

    So all said and done, we may now go down based on a racially motivated bill. I am not sure what it takes to educate the law makers, I would like to see the senior personnel at IV and more analysts to look into what can be done on this bill.




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  • bkarnik
    08-06 06:16 PM
    ~~~~~~~~~~~~~~~~~~~~~~~~~
    "Sometimes when I reflect back on all the beer I drink I feel shamed. Then I look into the glass and think about the workers in the brewery and all of their hopes and dreams. If I didn't drink this beer, they might be out of work and their dreams would be shattered. Then I say to myself, "It is better that I drink this beer and let their dreams come true than be selfish and worry about my liver."
    ~ Jack Handy


    ~~~~~~~~~~~~~~~~~~~~~~~~~~
    "I feel sorry for people who don't drink. When they wake up in the morning, that's as good as they're going to feel all day. "
    ~Frank Sinatra
    ~~~~~~~~~~~~~~~~~~~~~~~~~

    "When I read about the evils of drinking, I gave up reading."
    ~ Henny Youngman

    ~~~~~~~~~~~~~~~~~~~~~~~~~

    "24 hours in a day, 24 beers in a case. Coincidence? I think not."
    ~ Stephen Wright

    ~~~~~~~~~~~~~~~~~~~~~~~~~~

    "When we drink, we get drunk. When we get drunk, we fall asleep. When we fall asleep, we commit no sin. When we commit no sin, we go to heaven. Sooooo, let's all get drunk and go to heaven!"
    ~ Brian O'Rourke

    ~~~~~~~~~~~~~~~~~~~~~~~~~~

    "Beer is proof that God loves us and wants us to be happy."
    ~ Benjamin Franklin

    ~~~~~~~~~~~~~~~~~~~~~~~~~~

    "Without question, the greatest invention in the history of mankind is beer. Oh, I grant you that the wheel was also a fine invention, but the wheel does not go nearly as well with pizza."
    ~ Dave Barry

    ~~~~~~~~~~~~~~~~~~~~~~~~~~
    And saving the best for last, as explained by Cliff Clavin, of Cheers. One afternoon at Cheers, Cliff was explaining the Buffalo Theory to his buddy Norm. Here's how it went:

    "Well ya see, Norm, it's like this... A herd of buffalo can only move as fast as the slowest buffalo. And when the herd is hunted, it is the slowest and weakest ones at the back that are killed first. This natural selection is good for the herd as a whole, because the general speed and health of the whole group keeps improving by the regular killing of the weakest members. In much the same way, the human brain can only operate as fast as the slowest brain cells. Excessive intake of alcohol, as we know, kills brain cells. But naturally, it attacks the slowest and weakest brain cells first. In this way, regular consumption of beer eliminates the weaker brain cells, making the brain a faster and more efficient machine. ! That's why you always feel smarter after a few beers."



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  • devikas81
    12-19 01:38 PM
    All Pakistanis are not a Terrorist but all Terrorist are Pakistanis..




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  • gapala
    12-20 08:54 AM
    Science keeps evolving as we learn new things. Something that evolves, learn and change is alive. Religion never changes and its "guardians" do not want it to change. Something that never evolve, change even after learning new things is dead. That's the fundamental difference between religion and science even when the two compete with each other in the same sphere to answer different questions of mankind. You seems to suggest that it is bad and wrong for science to continue to get better and evolve?

    Do you want to continue to follow a dead path or you think there is a possibility that there is more to this world than what is offered in the organized religion. I am not an atheist because I do believe in the Creator, our source. But I do not believe that any organized religion is the ONLY way to get there, as ALL religions preach. Rather, organized religions keep us away from getting there. All through out history, more people have been killed in the name of religion than any other aspect in nature. How is it possible that the path to our creator be so violent and deadly? The form of all recognized & organized religions practiced by over 99% of mankind is not the direction in which the "GODs" of these religions would want its followers to go. These religions were created by con artists and thugs long after the saints were gone.

    I find it funny that you blame science for evolving and making new discoveries i.e. blaming every next generation to learn more than it predecessors. Why? Because the smallest known particle to man is no longer an atom???? And why do people need to lean their faith on a religion. If that faith is true in its entirety, what is the role of a religion? The fact that faith needs a religion on lean on, means that faith is not strong enough, and hence the case for elimination of religion from our way of life.

    But you said one thing right. Religion is the way we live. So religion is not the spiritual structure we want to live by but the corrupt immoral wrong way we continue to live, because our parents and our parent's parents lived like that, so it has got to be the right way, right?

    Faith could mean different things to different people because relationship with god is personal. But religion is laid out in the form in the "books". There is no difference in the way it says that "Jesus is the only son of God" or "Kafirs must be converted or killed" or "people of lower caste are there to serve Brahmans". There is no ambiguity to this. Now, if the faith is weak and it needs support to lean on a religion, then for some, faith and religion become synonyms. But faith and religion are in two different spheres and they are world apart, no matter how hard the religious right wants to try to obfuscate the meaning of "faith" and "religion".
    .

    It seems there is misunderstanding. Being in the field of science, I believe science and religion are complimentary to each other rather than competitive as you suggested. I guess you are comparing with what folks "Preach" as religion from books, that is taken out of context. I am not blaming science rather providing a perspective as it is still evolving and we know very little at this moment though it seems a lot :) be it in space research or in human anatomy. Process of birth or process of death :)

    Are you suggesting that all organized religions are bad? I guess not. Science spectrum, not at the academic level, but at the professional arena believe that knowledge already exist, call it religious or spritual or something else and that is why we "research" which leads to development. Its very suggestive and not original. Re-search for something that exist but not available point in time. it is not brand new. Just to quote, There is a research project on process of birth, the description of process of birth already exist in the scriptures. I am not naming any here. you can google it if you are interested. Its clearly describe embryogenesis, week by week growth etc. We do not believe anything which is not proven by science right? We could see things through only after the invention of radium further development into X-RAY and Ultrasound technologies and commercial use in 1900's. Descriptions of the past and what we see matches except the language :). Lot of the things of past are yet to be proven by science. You know what is interesting? Descriptions are in the phylosophical book not even a medical book.

    To your point, Not only science, everything changes and evolve at the core including you and me. In life science, researchers look at you and me as composition of chemicals which reacts constantly and changes happens every moment. There are few things that does not change.. that is why they are called truth. They stood the test of time such as Earth is not flat :).

    We both agree on point that organized religion is not the only way but that does not mean that, its a bad thing, exception of extremism.

    Now, not even a single cell in yours and my body remains same after 7 years.. what that means is you are a completely new model after 7 years. Science provided more insight and new pespective into the religion and I do not think the values instilled in us by parents and their parents such as Health, Hygiene, Home, Human Values, Harmony in Diversity etc. are dead. You also have to take into consideration, the circumstances of the past and level of technological development.

    We have gotten a new perspective due to research and development in science. Now do not mis quote me comparing with "book religion" that people preach. I am not at all talking about that at all though that is not a bad thing as well other than people who would pervert it in wrong way to create chaos in the world.



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  • rajeshiv
    07-10 01:04 PM
    That's correct spelling mistakes, etc., can be corrected if you go back to the port of entry who generated the I-94 card.

    I 102 is more for replacement of an I-94 card.

    However; POE entering you on a wrong companies h-1b isn't so easily correctible after the fact.

    In situations such as this; it is better to go back out and re-enter with proper company h-1b.

    In May and June before people were getting ready to file the 485's a lot of these issues were found in reviewing their files/history. Many people had their visas expired and they didn't want to go for visa stamping. What many people did was go to Canada and use auto revalidation and then re-enter USA on the proper companies h-1b and/or get a new I-94 card and also reset the 245k benefit since it is measured from the date of last entry to filing the 485.

    Hello United Nations..

    After looking into above message...I have some doubts, could you please clarify them.

    1. In order to file 485, the person must have a valid visa in his passport?
    In my case I have a valid I 94 but my visa got expired 2 months back, Am I eligible to file 485?

    2. What is auto revalidation?

    I appreciate for your answers.

    Thanks
    RR




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  • malaGCPahije
    09-26 09:10 AM
    I support McCain. Please do not give me reds for siding with McCain.

    I think for the country McCain is going to be better as prez than Obama. He is a more mentally strong person (clearly displayed by his POW stint). He chose not to go home when given a chance by the enemy because he did not want to leave his army friends alone. That says a lot about character.

    Obama for most presents himself to me as a lot of talk and not much action. He chose to be absent when the congress was voting on important action items during his time as a senator.

    I think what is best for America is best for the EB community too. If America is not the economically strong country we all hoped it would always be, then what good is the EB community going to get staying in America. With McCain, chances of reforms for legal immigration are also going to be much more than with Obama.

    Just my 2 cents.



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  • texcan
    08-06 05:26 PM
    A man was driving home one evening and realized that it was his daughter's birthday and he hadn't bought her a present. He drove to the mall and ran to the toy store and he asked the store manager "How much is that new Barbie in the window?"

    The Manager replied, "Which one? We have, 'Barbie goes to the gym'for $19.95 ...

    'Barbie goes to the Ball' for $19.95 ...

    'Barbie goes shopping for $19.95 ...

    'Barbie goes to the beach' for $19.95...

    'Barbie goes to the Nightclub' for $19.95 ...

    and 'Divorced Barbie' for $375.00."

    "Why is the Divorced Barbie $375.00, when all the others are $19.95?" Dad asked surprised.

    "Divorced Barbie comes with Ken's car, Ken's House, Ken's boat, Ken's dog, Ken's cat and Ken's furniture."




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  • abracadabra102
    08-06 05:00 PM
    Stroustrup C++ 'interview'

    On the 1st of January, 1998, Bjarne Stroustrup gave an interview to the IEEE's Computer magazine. Naturally, the editors thought he would be giving a retrospective view of seven years of object-oriented design, using the language he created. By the end of the interview, the interviewer got more than he had bargained for and, subsequently, the editor decided to suppress its contents, 'for the good of the industry' but, as with many of these things, there was a leak. Here is a complete transcript of what was was said, unedited, and unrehearsed, so it isn't as neat as planned interviews. You will find it interesting...

    Interviewer: Well, it's been a few years since you changed the world of software design, how does it feel, looking back?

    Stroustrup: Actually, I was thinking about those days, just before you arrived. Do you remember? Everyone was writing 'C' and, the trouble was, they were pretty damn good at it. Universities got pretty good at teaching it, too. They were turning out competent - I stress the word 'competent' - graduates at a phenomenal rate. That's what caused the problem.

    Interviewer: Problem?

    Stroustrup: Yes, problem. Remember when everyone wrote Cobol?

    Interviewer: Of course, I did too

    Stroustrup: Well, in the beginning, these guys were like demi-gods. Their salaries were high, and they were treated like royalty.

    Interviewer: Those were the days, eh?

    Stroustrup: Right. So what happened? IBM got sick of it, and invested millions in training programmers, till they were a dime a dozen.

    Interviewer: That's why I got out. Salaries dropped within a year, to the point where being a journalist actually paid better.

    Stroustrup: Exactly. Well, the same happened with 'C' programmers.

    Interviewer: I see, but what's the point?

    Stroustrup: Well, one day, when I was sitting in my office, I thought of this little scheme, which would redress the balance a little. I thought 'I wonder what would happen, if there were a language so complicated, so difficult to learn, that nobody would ever be able to swamp the market with programmers? Actually, I got some of the ideas from X10, you know, X windows. That was such a bitch of a graphics system, that it only just ran on those Sun 3/60 things. They had all the ingredients for what I wanted. A really ridiculously complex syntax, obscure functions, and pseudo-OO structure. Even now, nobody writes raw X-windows code. Motif is the only way to go if you want to retain your sanity.

    Interviewer: You're kidding...?

    Stroustrup: Not a bit of it. In fact, there was another problem. Unix was written in 'C', which meant that any 'C' programmer could very easily become a systems programmer. Remember what a mainframe systems programmer used to earn?

    Interviewer: You bet I do, that's what I used to do.

    Stroustrup: OK, so this new language had to divorce itself from Unix, by hiding all the system calls that bound the two together so nicely. This would enable guys who only knew about DOS to earn a decent living too.

    Interviewer: I don't believe you said that...

    Stroustrup: Well, it's been long enough, now, and I believe most people have figured out for themselves that C++ is a waste of time but, I must say, it's taken them a lot longer than I thought it would.

    Interviewer: So how exactly did you do it?

    Stroustrup: It was only supposed to be a joke, I never thought people would take the book seriously. Anyone with half a brain can see that object-oriented programming is counter-intuitive, illogical and inefficient.

    Interviewer: What?

    Stroustrup: And as for 're-useable code' - when did you ever hear of a company re-using its code?

    Interviewer: Well, never, actually, but...

    Stroustrup: There you are then. Mind you, a few tried, in the early days. There was this Oregon company - Mentor Graphics, I think they were called - really caught a cold trying to rewrite everything in C++ in about '90 or '91. I felt sorry for them really, but I thought people would learn from their mistakes.

    Interviewer: Obviously, they didn't?

    Stroustrup: Not in the slightest. Trouble is, most companies hush-up all their major blunders, and explaining a $30 million loss to the shareholders would have been difficult. Give them their due, though, they made it work in the end.

    Interviewer: They did? Well, there you are then, it proves O-O works.

    Stroustrup: Well, almost. The executable was so huge, it took five minutes to load, on an HP workstation, with 128MB of RAM. Then it ran like treacle. Actually, I thought this would be a major stumbling-block, and I'd get found out within a week, but nobody cared. Sun and HP were only too glad to sell enormously powerful boxes, with huge resources just to run trivial programs. You know, when we had our first C++ compiler, at AT&T, I compiled 'Hello World', and couldn't believe the size of the executable. 2.1MB

    Interviewer: What? Well, compilers have come a long way, since then.

    Stroustrup: They have? Try it on the latest version of g++ - you won't get much change out of half a megabyte. Also, there are several quite recent examples for you, from all over the world. British Telecom had a major disaster on their hands but, luckily, managed to scrap the whole thing and start again. They were luckier than Australian Telecom. Now I hear that Siemens is building a dinosaur, and getting more and more worried as the size of the hardware gets bigger, to accommodate the executables. Isn't multiple inheritance a joy?

    Interviewer: Yes, but C++ is basically a sound language.

    Stroustrup: You really believe that, don't you? Have you ever sat down and worked on a C++ project? Here's what happens: First, I've put in enough pitfalls to make sure that only the most trivial projects will work first time. Take operator overloading. At the end of the project, almost every module has it, usually, because guys feel they really should do it, as it was in their training course. The same operator then means something totally different in every module. Try pulling that lot together, when you have a hundred or so modules. And as for data hiding. God, I sometimes can't help laughing when I hear about the problems companies have making their modules talk to each other. I think the word 'synergistic' was specially invented to twist the knife in a project manager's ribs.

    Interviewer: I have to say, I'm beginning to be quite appalled at all this. You say you did it to raise programmers' salaries? That's obscene.

    Stroustrup: Not really. Everyone has a choice. I didn't expect the thing to get so much out of hand. Anyway, I basically succeeded. C++ is dying off now, but programmers still get high salaries - especially those poor devils who have to maintain all this crap. You do realise, it's impossible to maintain a large C++ software module if you didn't actually write it?



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  • ganguteli
    03-25 12:40 PM
    UN I think you are hyping up the current situation too much.

    Yes there are raids and arrests,

    But it is not so bad. You are saying as if everyone in consulting is getting denied. If it was so bad, all immigration forums would have been filled up with denial posts and cries for help. Maybe you have encountered people who only faced denials and not the entire spectrum. Thus your judgement may be influenced.




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  • Rolling_Flood
    08-05 07:42 AM
    What i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).

    "Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.

    If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.

    I hope i have made my point clear? Thanks.


    You mean to say EB-2 is only meant for first time EB-2 filers, and if a person ever filed under EB-3 should not be considered to file under EB-2 again ? Are yo a 'Jamindaar' ? What you are trying to convince people is only those people who are were born rich should be allowed to live in big houses and people who were ever middle should not be allowed in big houses...Wah Wah what a idea...



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  • CantLeaveAmerica
    03-25 01:59 AM
    If you want to buy a home after you get your green card, mostly you will get after your retirement.

    I don't want to feel "my home" when I am 68 and after my kids are out on their own. So I decided, dump the H1B, H4, 485, 131, 761, 797, 999, 888, I94, EAD, AP... AAD, CCD etc crap in trash, and bought the home.

    I am happy. Even if I am asked to leave the country tomorrow, I just lock the door, throw the keys in trash and take off.

    Who cares when life matters.

    Awesome piece of advice..I've got to meet ya!!




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  • kc_p21
    12-26 12:58 PM
    I suggest that you provide your opinion on some other forum. This forum is only for Immigration matters. Learn to use it appropriately.

    Thanks,




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  • logiclife
    07-09 01:11 AM
    Well, we had a good debate on Radio on KPFK today.

    I would like to thank Rajiv Khanna, Stuart Anderson, Carl Shusterman, Ashish and Swadha for participating on this show. Also Aman and Ashish for arranging this with Debo.

    Today, a caller called the show when Debo opened the phone lines and this guy, named Mike, went on and on about how H1B program is similar to slave trade and H1B workers live like insects by piling up 10 people in a one-bedroom apartment and work 100 hours a week for 30 thousand dollars a year bla bla bla.

    Without studying due process, or policy analysis, simply crying "Slave Trade", "H1B stole my job...waaaah...waaah", "H1B replaced me...waaah...waaah", they create good sound bites and play victims.

    Really, H1B program and employment based greencard program, that brings professionals in skilled occupation into this country to fill a shortage of skilled workers has been vindicated beyond limit. And they keep beating the same drums. "They steal jobs". "They drive down wages". They make good soundbites. And they make good quotes for Lou Dobbs.

    Let me say this to Mike and the likes of Zazona.com

    Employers dont just go around spending thousands of dollars on H1B fees and greencard fees to hire a guy with foreign accent if a native citizen was available. And they do not underpay them, because they HAVE to pay prevailing wages based on the wages determined by the Department of labor. If they apply for greencard, then that's because they want him on a permenant basis and there is a another labor certification process for that too, where there are newspaper and other advertisements for the job available to citizens first. Upon not finding a suitable fit, they file for labor certification. And let me remind you all that it takes 2-3 years for department of labor to do that coz they do an exhaustive review of the job offer.

    Go Here on this link of Department of labor (http://ows.doleta.gov/foreign/perm.asp)and read the process for yourself. This system is designed to protect the citizens and IT WORKS.

    Now in a few cases, if there was fraud, then that doesnt mean that the system does not work and should be abolished. Its like saying that we should abolish driving privileges of everyone just because some drivers drive drunk and kill pedestrians. By that token, we must also ground all commercial air travel because sometimes the planes crash and they kill people.

    Another accusation is that H1B employees pay for their own fees sometimes and also for lawyer's fees. And they work like donkeys. Well, not everyone pays for the lawyers. In some rare cases, if the employees hire lawyers, its their own choice, for their own comfort and for their own complicated cases which are many time due to problems of their own making. Why would the employer pay for individuals immigration problems that are not tied to H1B or GC petitions filed by Lawyer? As to working additional hours, its called overtime my dear friend. And they are paid to do that. No one works for free. And no one works for less. If they are paid less than what they think they deserve, then they quit the employer and go to another employer next door who pays them more and treats them fairly.

    And ya, another thing. Biggest subscriber of H1B program, especially since the late 90s has be the IT industry. Unemployment in IT industry is less than 2%. If H1B program is really making life worse, I am sure IT industry unemployment would have been more than national average of 5%.

    And now, let me mention a few slaves and their slave-masters that I am really proud of...

    There are nearly 2000 doctors who are on their path to permenant residency(Green card) in America. They are under Conrad-30 (J1) program. They serve 4 million americans in medically underserved areas. These are rural areas where its hard to find a proper grocery store, let alone a Doctor.

    One of my friends works as a Doctor in Yuma, Arizona. The greencard process for him stalls him for years and years to move to a more desirable area even if he has done his due of serving in rural areas for X amount of years. His process would start over again if the area is no longer medically underserved.

    And then there are nurses, who also make it to America from all over the world on H1B program. Now, if you've ever been to a Hospital, you would know that its not really the most pleasant job in the world. And there is a severe shortage of nurses in America. Even a 5 year old knows this. So by abolishing H1B program and employment based immigration program, you would get rid of the SLAVE nurses too, who work 12-hour shifts on jobs that American born RNA nurses dont accept.

    Such Doctors and nurses are a beacon of hope to 4 million Americans where healthcare is difficult to come by. If such Doctors are slaves, then I am proud of those slaves and their slave masters, and I would love to be either one of them any given day of the week.

    -Have a great weekend-




    Macaca
    05-27 06:05 PM
    The Audacity of Chinese Frauds (http://www.nytimes.com/2011/05/27/business/27norris.html) 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.




    pete
    04-09 11:29 AM
    Looks like everyone want to talk about their specific selfish advantages and ignore the problem on a whole if this bill passes.

    You can say it whichever way you like. Isnt everybody looking for selfish gains?
    A few months back somebody wanted info on labor substitution and the moderator took the man's side by saying we should all look for advantage and not worry about NAY sayers......

    There is nothing selfish about this. Universities usually donot take short cuts. My job before while they were doing PERM was on monster.com for 11 months!!!The received tons of applications. Yes I can confidantly say they "did not find " a suitable candidate. The H1B visa is a favor granted to us and should not be misused. It also works in IVs advantage because it makes their agenda more solid:

    WE ARE AGAINST MISUSE OF H1B AND WOULD LIKE GC REFORM.

    Unlike we want H1B abuse to continue AND ALSO GC reform.



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