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  • mrajatish
    04-09 11:42 AM
    Pete, I am myself a manager at a leading company and do not fit into the typical "consultant" profile.

    That does not mean I want more shackles on myself because I feel someone is abusing the system. If someone (employers) are abusing the system, go after them - why do you want to go after the employee who, in a lot of cases, has nothing to do with the abuse?

    In fact, if this bill passed in its current form, it will probably not affect me but I will still oppose the bill - why, because it goes against my fundamental belief of freedom of movement. If the senators want to reform the system, may I ask

    1. Why prevent H1Bs from joining legitimate consulting companies such as Deloitte, IBM, BCG etc

    2. Why should H1B's pay Social security and medicare when they are "temporary" and do not get a dime back?

    Think of the bigger picture and then about your own objectives - I am sure you are a well educated person and you will understand the consequences of arbitrary decision making based on vested interests.





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  • gc28262
    03-24 04:07 PM
    No, they figured out that it is consulting companies that are exploiting loopholes.

    1) Tell me what proof you have that ALL consulting companies are complying with H-1B requriements.

    2) Is benching that happens in consulting legal? Is paying salary according to prevailing wages in Maine and sending the contractor to work in Manhattan legal? Please tell me how these practises by desi consulting firms are legal.

    And you're telling me I am ignorant! You're funny :D

    1. Why don't you give me the proof that ALL consulting companies are not complying. You are the one who is making the argument. Do you have any statistics to prove that ? Do you know all the consulting companies in US ? Do you know all the companies that directly hire H1 ? Do you know their compliance statistics ?

    2. Did I say any of these are legal ? If a company applies for H1B, the company has to comply with the requirements of the law. It is that simple. It doesn't matter whether it is a consulting company or a direct placement.





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  • nojoke
    04-15 04:31 PM
    We are mixing too many different aspects of home buying and creating confusion.

    We buy homes, when we have clearly done our home work and know we can afford what we are buying and our incomes are expected to be reasonably stable. Everyone knows this and no one is arguing against the above logic.

    The points of contention were home life vs. apt life, and home as a home vs. home as an investment. I got into this thread to point out how some people are so obsessed about resale value that to them a home is nothing more than a piece of investment which should appreciate with time and be sold off.
    But these topics appear to be rubbing some people the wrong way as they are hurt to discover that there exist people who do not think the way they do. For that reason, I will lay off this topic.

    That is not why we are debating. We are saying that the house values will fall down further, so save some money by buying low. Ofcourse if you were to sell immediately you would loose a lot. We are not advocating to look for profits when you sell your house.





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  • redcard
    12-23 12:03 AM
    I feel the mood getting a little lighter here and about time. What happened in Mumbia was dastardly and the responsible gotta pay. Lets keep the pressure and focus on it.

    What I dislike though is the attempt by extremists to generalize a group of people to make them less humane and easy for the other group to kill them or worse ethnic cleansing. The point you mentioned is very often quoted to scare/anger the majority. The muslims have been guilty of been easily misled too so this is not unique to hindus.

    Amen to the end of terrorism but India is way ahead of its neighbors. I do not even wish to compare us to our neighbors though I hope they wake up and get their act together

    I am sure that once muslim community or for that matter any community prospers the radicalism reduces. Unfortunately the religious muslim leaders dont want the community to get educated, prosper and westernized because than they would loose control..its precisely for this reason that the religious leaders of this community have for centuries scared the followers of the community with gods wrath if they changed. The Muslim religion has to become progressive and moderate.

    About the terrorism was thinking what options does India have to fight against this. Yes military action definitely is an option but it does more harm to India than to Pakistan. Attacking Pakistan, India has a lot to loose while Pakistan has nothing loose. It would make Pakistan from a failing state to a failed state, but would put India years behind as far as economy is concerned and create the biggest headache for India for decades to come. A military confrontation and weakening of Pakistan’s military establishment would let Pakistan slip fully into the hands of Religious fanatics and produce million more terrorist who will be a long-term headache for India.

    If one back goes back in the history, Pakistan has lost a lot more than India in the last three wars, and that is the only reason why the establishment in Pakistan including the Military has preferred encouraging and sponsoring cross border terrorism which is of very little cost to Pakistan but a constant headache to India. India has lost more from these terrorist attacks including Kargil war than they would if they had gone through a one time direct confrontation. I personally feel that if India does decide to go in for a military confrontation it has to be long term strategy to occupy the country and wipe out terrorism and help to nurture the economy so that prosperity and wealth creation takes a front seat and religion moves low in the peoples priority. In fact if Pakistan can ever have a strong economy and strong democracy, I am sure the country will move towards a moderate religious society. Lets face it, man is a very selfish being, it will never put its personal prosperity at stake for a larger cause even it that happens to be religion. An example of this is the Middle East Kingdom where the monarchs including the common folk is very possessive about personal wealth and will go to any extent to preserve it.

    The only way this can ever happen is by a willing global coalition, which is ready to be there for a long haul and not by India alone. If India did do a quick military action and left the country, Pakistan would move to become another Afghanistan creating the biggest headache for India for decades and decades to come and effectively dragging Indian economy and prosperity.

    Its sad that India let this headache linger on for so long, had it taken remedial action by taking control of complete kashmir and installing a pro Indian govt in 1971 we would not be confronting an nuclear dragon with very little option to fight it.



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  • ArkBird
    01-06 05:22 PM
    You are educated by CNN and Fox. Go see what others are saying. Don't just be one sided.

    Yes, when you kill Muslims its collateral damage. Killing school kids and bombing schools and hospital is collateral damage. If we have this mentality, yes we would see peace and harmony in this world.

    What do you mean by "Others"? Al-Jazeera? Al-Aqsa? Al-Manar?? FYI, Here are couple of Articles from the charter of Hamas. And you think Hamas is peace loving organization because........ ?

    Article 7 of the Hamas Covenant states the following: "The Day of Judgement will not come about until Muslems fight the Jews (killing the Jews), when the Jew will hide behind stones and trees. The stones and trees will say O Muslems, O Abdulla, there is a Jew behind me, come and kill him. Only the Gharkad tree, (the Cedar tree) would not do that because it is one of the trees of the Jews." (related by al-Bukhari and Muslem).

    Article 22 claims that the French revolution, the Russian revolution, colonialism and both world wars were created by the Zionists. It also claims the Freemasons and Rotary clubs are Zionist fronts. "You may speak as much as you want about regional and world wars. They were behind World War I, when they were able to destroy the Islamic Caliphate, making financial gains and controlling resources. They obtained the Balfour Declaration, formed the League of Nations through which they could rule the world. They were behind World War II, through which they made huge financial gains by trading in armaments, and paved the way for the establishment of their state. It was they who instigated the replacement of the League of Nations with the United Nations and the Security Council to enable them to rule the world through them. There is no war going on anywhere, without having their finger in it.





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  • qplearn
    11-15 11:09 AM
    This guy changes sides based on the audience, check out his latest rhetoric, looks like he is feeling the heat from the results of the current elections:

    ...Zakaria refers to "CNN's Lou Dobbs and his angry band of xenophobes" and Jonathan Alter describes those who agree with me as "nativist Lou Dobbsians." But Alter and Zakaria are far too bright to not know better. I've never once called for a restriction on legal immigration -- in fact, I've called for an increase, if it can be demonstrated that as a matter of public policy the nation requires more than the one million people we bring into this country legally each year.....

    http://www.cnn.com/2006/US/11/14/Dobbs.Nov15/index.html

    Actually Lou Dobbs is attempting to paint a picture in which Dems who have won support his stand. Fact is that Dems have won, thanks to Lou Dobbs, because they were OPPOSED to his stand. Perhaps a desperate attempt to save his job at CNN :)



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  • GCKaMaara
    01-10 04:55 PM
    First of all, thanks for converting my argument about Europeans and native peoples into Muslims and non-Muslims. Shows us where our respective prejudices and biases lie. I am very happy when my comments on any situation are turned into a broad 'us vs them' thing. It just shows us that our primitive and primal instincts from the time when we split from the apes are still alive and kicking in some people. Its pretty fascinating for me.

    Secondly there is a difference between military strikes (retaliatory or otherwise), and acts of massacres. Pretty much the same as there is a difference between military confrontation and ethnic cleansing. If you condone and defend the latter, then you are pretty much defending ethnic cleansing. Striking Hamas targets are military strikes. Holing up a hundred members of an extended family into a house, and then destroying the house is an act of massacre. When we defend acts like the latter one, we defend ethnic cleansing.

    http://www.independent.co.uk/news/world/middle-east/massacre-of-a-family-seeking-sanctuary-1297577.html

    You are pretty much right. Lets not combine "40 innocent children killed" with war. Even if it is war, it is a war crime. God bless soul of those kids.

    About poisoning kids by extremists, I agree that they are poisoned from very childhood. But killing them is not a solution - never. If it is a problem with 1 or 2 persons, you can work on them and get them out of poisoned mind. Can't work on mass. Thats why B****ds who have their personal benefits associated, always associate these poisons with religion to expand their own empire. Misguided muslim people need to and will understand one day that they are breeding dangerous new generations and is hurting themselves.





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  • Macaca
    02-21 05:24 PM
    War on middle class is nothing less then a national crisis.

    I was listening to find out the exact statement they use: CNN is the best news on network. Turned off immediately.



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  • 485Mbe4001
    08-06 04:18 PM
    Thanks for posting rolling_floods first post. It is the reason i talked about the holier-than-thou attitude with this guy. He/she was at pains to remind me to read the OP, but the truth comes out in the end...


    Here is his very first post by Rolling_Flood in IV forums. Not only he is using foul language, he is totally arrogant. Lines like "How dare you f***@#n compare yourselves to EB-2?" and "i will slap a lawsuit against any organization ...".

    It seems that he is always ready to file lawsuit.

    For me, its a good read to get a good laugh. :D





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  • gcseeker2002
    12-27 12:55 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.


    Separately, Howard angered some Australian Muslims on Wednesday by saying he supported spy agencies monitoring the nation's mosques. Quote: 'IMMIGRANTS, NOT AUSTRALIANS, MUST ADAPT. Take It Or Leave It. I am tired of this nation worrying about whether we are offending some individual or their culture. Since the terrorist attacks on Bali , we have experienced a surge in patriotism by the majority of Australians. '


    'This culture has been developed over two centuries of struggles, trials and victories by millions of men and women who have sought freedom'


    'We speak mainly ENGLISH, not Spanish, Lebanese, Arabic, Chinese, Japanese, Russian, or any other language. Therefore, if you wish to become part of our society . Learn the language!'


    'Most Australians believe in God. This is not some Christian, right wing, political push, but a fact, because Christian men and women, on Christian principles, founded this nation, and this is clearly documented. It is certainly appropriate to display it on the walls of our schools. If God offends you, then I suggest you consider another part of the world as your new home, because God is part of our culture.'

    'We will accept your beliefs, and will not question why. All we ask is that you accept ours, and live in harmony and peaceful enjoyment with us.'

    'This is OUR COUNTRY, OUR LAND, and OUR LIFESTYLE, and we will allow you every opportunity to enjoy all this. But once you are done complaining, whining, and griping about Our Flag, Our Pledge, Our Christian beliefs, or Our Way of Life, I highly encourage you take advantage of one other great Australian freedom, 'THE RIGHT TO LEAVE'.'


    'If you aren't happy here then LEAVE. We didn't force you to come here. You asked to be here. So accept the country YOU accepted.'


    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.



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  • axp817
    03-26 05:57 PM
    Per my understanding, it absolutely is. An LCA amendment has to be filed each time there is a location change outside of commutable distance from the original location for which the H-1B was filed.

    Oops, I just saw UN's reply. His answer is more specific than mine, and mine is based on anecdotal evidence so please go with what he says since his is based on personal experience.

    UN, Thank you for following up on my question on the Baltimore case.





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  • pmpforgc
    06-08 12:41 AM
    It is very nice discussion.

    I am in process of buying forclosure home in SUWANEE ( Atlanata) area. I based on my survey and research feel that I am getting good deal(175 K price for 2800 sqft, 2004).by th


    Recently interest rates are gone up. Does any one has any idea that it will come down in a week or two due to possible federal intervention to keep houising going further down? can some one point to the relevant articles?

    Also if you know this area and have any reference for the good lenders?

    Also any points to keep in mind while buying foreclosure? apart from routine home inspection, termite inspection etc. Does survey is required for lot and property?

    Also is it good to put higher down payment or not? How much is better to put, assuming no financial constrain. Is it wise to put 20% down or not? Is it wise to purchase points to get interest rates down?

    Thanks for your continuing suggestions and discussions.



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  • styrum
    08-11 12:02 PM
    great find yabadaba. Thanks. I have sent this link to someone who can do some data analysis in our favor. However we are looking for EB GC data.

    do you/anyone know of any data sources for EB greencard applications on USCIS site/someone has already done stat research based on uscis data?

    The USCIS's "Yearbook of Immigration Statistics" is a valuable source of info in any immigration debate!
    http://www.uscis.gov/graphics/shared/statistics/yearbook/index.htm

    One can catch on lies a lot of anti-immigration jerks and even the USCIS themselves using their very own data! You can clearly see how the number of employment based Green cards changed, for example, how sharply it dropped in 2003 for some reason (not in 2002 which could be explained by 9/11!). They have no explanation for this. Apparently they were told to do so. The sabotage is obvious. There are more interesting facts there. Say, one can check if a particular country really has contributed too many immigrants in the last years to be excluded from the GC lottery or not, while another country is for some (political) reason still eligible despite it exceeded the limit.





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  • gopinathan
    08-12 02:03 PM
    :D:D

    can't stop laughing.. thanks rsdang..

    (long pause)

    DJ: Folks, we need to take a station break



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  • alisa
    01-03 01:00 AM
    on the other hand ..Alisa ..don't you think Pakistan should atleast handover some of the terrorists who are wanted particularly the MF/SF bastard Dawood ?
    basically u cannot have cake and eat it too ..if pak wants good relations/goodwill with India then they should take some action
    Screw Dawood Ibrahim. He is the past.

    What is important right now is to get hold of the masterminds of Bombay in a transparent and credible manner. That would be in the long term self-interest of Pakistan (and India, and the world).





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  • Macaca
    12-27 06:24 PM
    The Year That Was: Corruption Scandals of 2010 (http://blogs.wsj.com/indiarealtime/2010/12/27/the-year-that-was-corruption-scandals-of-2010/) By Tripti Lahiri | IndiaRealTime

    This week, as we countdown to 2011, India Real Time casts a look back at the big news events of this year.

    We�re not sure we can say it was the best of times, but sometimes it certainly felt like the worst of times, at least for the Congress-led government, which saw a series of corruption scandals unfold on its watch.

    Here are the top five scandals of 2010, in chronological order:

    Tharoorgate: In April, then junior foreign minister Shashi Tharoor, a first-time MP from Kerala, was forced to resign after Indian Premier League founder Lalit Kumar Modi raised questions on Twitter about the equity given to a woman close to Mr. Tharoor in a consortium that successfully bid for a new franchise for an Indian Premier League cricket team.

    Mr. Tharoor denied that he stood to gain financially from the team, which was to represent a Kerala city.

    The ruckus led income-tax authorities to examine the ownership holdings in the league�s other teams. Meanwhile the body that regulates cricket in India began to look at Mr. Modi�s financial dealings with regard to the league and also relieved him of his post as IPL commissioner.

    By the end of 2010 Mr. Tharoor and the woman, public relations executive Sunanda Pushkar were married. It also looks like a team from Kochi will play in the next season of the Indian Premier League.

    The Commonwealth Games: The Games, estimated to cost $6 billion, were plagued by allegations of financial mismanagement, instances of work safety violations, construction accidents and extreme delays in the preparations.

    At one point it seemed possible that the Games may not take place at all as visiting delegations complained of filthy and incomplete worker accommodations and health concerns around dengue stemming a surge in mosquitoes in Delhi as a result of heavy monsoon rains this year.

    It looked set to be a national embarrassment but a snazzy opening ceremony smoothed things over and roused some sporting spirit from Delhi residents, though there continued to be reports of disorganization, including around ticket sales and with getting real-time results from the events.

    After the event, the prime minster promised a full investigation. On Friday, the Central Bureau of Investigation agency officials searched the office and residence of Indian Olympic Association president Suresh Kalmadi, chief Games organizer, and his assistant. Earlier, two other organizing officials were arrested.

    2G: The scandal over the potential revenue lost from from giving discounted spectrum to telecom companies in 2008 is the biggest of them all.

    The Controller and Auditor General said in November that the flawed allocation may have cost the government $40 billion in lost revenue, and the size of that figure has stoke public ire and given the opposition Bharatiya Janata Party loads of ammunition to attack the government.

    Ahead of the report being tabled in Parliament, Telecom minister A. Raja stepped down on Nov. 14, though he maintains he did nothing wrong. The Central Bureau of Investigation questioned him on Friday and Saturday.

    The 2G scandal led to even more wastage of taxpayer money than the $40 billion the audit report mentioned. The stalemate between the Congress and the BJP over the opposition�s demand for a parliamentary inquiry led to a parliamentary session that, according to some news reports, saw less than 10 hours of work take place.

    Tapegate: Just as the storm of criticism around the Congress Party�s record on governance was at its height, news reports appeared in two magazines that shifted the spotlight away from Mr. Raja and the spectrum allocations and on to reporters instead.

    The news reports carried transcripts of leaked phone taps of conversations between top reporters like NDTV�s Barkha Dutt, Hindustan Times columnist Vir Sanghvi, senior editors at various business dailies and corporate lobbyist Niira Radia, who represents the Tata Group and Reliance Industries chair Mukesh Ambani. The conversations were tapped by the income tax department after a tip-off that Ms. Radia might be a spy.

    The leaked conversations led many Indians to feel jaded with the news media, so far a fairly respected pillar of Indian democracy for its sting operations on officials. They accused influential journalists of being too close to corporate and political interests and of concealing the real news. Ms. Dutt and Mr. Sanghvi have said they did not pass on any messages on behalf of Ms. Radia, and that she was just one of many useful sources.

    This scandal made bigger news on Twitter than in the Indian press at first, and distracted attention away from the 2G investigation for a good month.

    Loan-fixing: And if all that wasn�t enough, in late November came the news that eight people had been arrested, including officials from the state-run Life Insurance Corporation�s mortgage arm, state-run banks and an investment firm. The Central Bureau of Investigation said the men collaborated in a conspiracy to funnel loan money to certain firms in exchange for bribes.



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  • Macaca
    05-12 05:47 PM
    Get ready� Chinese investors are coming Latin America (http://www.miamiherald.com/2011/05/11/2212567/get-ready-chinese-investors-are.html) By Andres Oppenheimer | Miami Herald

    It�s no secret that China�s trade with the Americas has soared in recent years, but we are likely to see a major new phenomenon in coming years � an avalanche of Chinese foreign investments.

    It has already started in Latin America, where China�s foreign investment more than doubled in 2010. And it�s beginning to take off in the United States, although in a smaller scale because of U.S. concerns over the potential national security threats of selling major corporations to Chinese investors.

    According to several new studies, we will soon see Chinese firms buying increasingly more companies throughout the Americas, ranging from oil, minerals and other natural resources firms in Latin America to manufacturing plants in the United States. As China�s companies grow, so do their need to expand abroad, they say.

    A newly released study by the Asia Society and the Woodrow Wilson International Center, entitled �An American open door?,� estimates that China�s worldwide direct foreign investments will rise from an accumulated $230 billion today to between $1 and $2 trillion by 2020. The figure does not include China�s purchases of government bonds, or passive investments in stocks and bonds.

    Until now, China was virtually non-existent as a global foreign investor. While China accounts for 8 percent of global trade, it only accounts for 1.2 percent of the global stock of foreign investments. Its current foreign investments pale in comparison with the $4 trillion in U.S. investments abroad.

    But that�s changing very fast. Unlike six years ago, when China�s Lenovo raised eyebrows worldwide when it bought IBM�s Personal Computers Division, such purchases are becoming increasingly common. Last year, China�s Sinopec oil company bought Brazil�s Repsol-YPF for $7.1 billion, and China�s CNOOC oil firm bought Argentina�s Bridas Corp. for $3.1 billion.

    A study released last week by the United Nations Economic Commission for Latin America and the Caribbean (ECLAC) shows that China�s foreign direct investments in Latin America reached $15 billion last year, doubling the total of China�s accumulated investments in the region of the past 20 years.

    In addition, China has announced it will invest $22.7 billion in Latin America and the Caribbean starting this year, the study says.

    China�s investments in the United States have been much smaller, of about $5 billion last year, according to the Asia Society study. But that was a 130 percent increase over 2009, it says.

    What�s moving China to invest in the Americas? I asked Alicia Barcena, head of the Santiago, Chile-based ECLAC.

    First and foremost, the need to secure its supplies of oil, minerals, soybeans and other raw materials, she said. China is a major importer of Latin American primary products and wants to protect itself from big price increases or potential disruptions in the supply chain. So Chinese companies want to make the transition from importers to part-owners of the Latin American firms that produce the goods they are now buying.

    Second, China�s companies are increasingly behaving like profit-driven Western firms: When faced with tariff barriers in big markets they want to get access, such as Brazil�s, they buy local companies to sell their goods within those countries.

    Third, China�s labor costs are rising, as Chinese firms are raising wages. Just as Chinese companies have been going to Vietnam and other Asian countries to lower their production costs, they may soon do the same in Latin America.

    �This trend of growing Chinese foreign investments in Latin America is likely to continue,� Barcena told me. �There has clearly been a policy change there, and the Chinese government is now encouraging foreign investments by Chinese firms.�

    My opinion: China�s eruption as a major foreign investor in the Americas is a positive development, but brings along several problems that countries in the region will have to face.

    China buys majority stakes in foreign companies, but makes it difficult for foreigners to buy Chinese companies, and sell in China. Also, China�s nearly exclusive focus on raw materials in Latin America threatens to turn countries in the region into extraction economies, delaying the development of high-tech industries.

    And Chinese companies are not known to follow strict environmental or anti-corruption rules. Their arrival in the region will be a welcome phenomenon, but it will pose many challenges that countries should begin to prepare for as they roll out their red carpets to Chinese investors.



    Now for the price of chasing Afghan shadows (http://www.ft.com/cms/s/0/583d1c2a-7680-11e0-b05b-00144feabdc0.html#axzz1LTeOmBcc) By David Pilling | Financial Times
    Chinese and American madness (http://prestowitz.foreignpolicy.com/posts/2011/05/12/chinese_and_american_madness) By Clyde Prestowitz | Foreign Policy
    The S&ED No-Holds Barred: China�s Deplorable Human Rights and the Simple American People (http://blogs.cfr.org/asia/2011/05/11/the-sed-no-holds-barred-china%E2%80%99s-deplorable-human-rights-and-the-simple-american-people/) By Elizabeth C. Economy | Council on Foreign Relations
    Inouye�s Asia-Pacific Warning (http://the-diplomat.com/flashpoints-blog/2011/05/11/inouye%E2%80%99s-asia-pacific-warning/) By James Holmes & Toshi Yoshihara | The Diplomat
    Hardy perennials block US-China light (http://atimes.com/atimes/China/ME13Ad02.html) By Jingdong Yuan | Asia Times
    More Hopes Than Gains At U.S.-China Meetings (http://www.nytimes.com/2011/05/11/world/asia/11china.html) By BINYAMIN APPELBAUM | New York Times
    Managing the China Challenge in Business (http://www.brookings.edu/opinions/2011/0506_us_china_challenge_lieberthal.aspx) By Kenneth G. Lieberthal | The Brookings Institution
    Hillary Clinton: Chinese System Is Doomed, Leaders on a 'Fool's Errand' (http://www.theatlantic.com/international/archive/2011/05/hillary-clinton-chinese-system-is-doomed-leaders-on-a-fools-errand/238591/) By Jeffrey Goldberg | The Atlantic





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  • Macaca
    02-26 04:54 PM
    From here (http://www.washingtonpost.com/ac2/wp-dyn/comments/display?contentID=AR2007022301697&start=101). At least Lou Dobbs is not quoted here.

    If you want a Lou Dobbsian economy - take a look at France. That is the economy that comes closest to what people like Lou Dobbs are advocating.





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  • unitednations
    03-25 11:58 AM
    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."


    If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.

    Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.

    In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.

    USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.

    As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.





    mbartosik
    04-09 12:39 PM
    we've found that the more compelling arguments tend to be those related to US competitiveness. If I was to use the housing argument in a meeting, I would use it in a light hearted way while making a serious point. But it would certainly not be an issue that would be worth focusing on.

    You said it in post above -- e.g. competitive with European blue card.
    (The Blue Card is not like GC, however, comparing with UK and right to remain after a fixed 5 year period would be an argument more compelling than housing)

    Which are the most compelling arguments will also depend on the law maker's background. For some family issues are a factor, then housing can be brought into the mix with other issues like age out. However, law makers with which the family issues hold greater sway also are more likely to hold us hostage for CIR and relief for the undocumented.

    For most, common sense of justice is an issue, in which case housing can be brought up, but again, not an issue to focus on too much, more in the context of 'it is ironic that many of us want to buy houses but GC wait is what prohibits that, not the credit crunch'. Can be mentioned in passing, but not worth focusing on.





    amsgc
    08-06 11:21 PM
    .



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