Thursday, July 7, 2011

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  • mrajatish
    04-09 11:13 AM
    I am all for cleaning the system and reforming H1B - but I oppose an ill conceived half measure such as the one Senator Durbin/Grassley is proposing.

    My main concern is two fold:
    1. Let us assume I am a very bright individual and I am currently in Harvard. If I graduate from Harvard Business School, and I want to join McKenzie, can I do that? Can I ever be a Management consultant in US if I want to (read I as any random Joe who is not US citizen/GC holder)

    2. Can I switch jobs within a couple of weeks if I need to (I refers to someone who works for a good company but perceives opportunities else where) - this is important as my competition (US citizen/GC holder) has no restriction in place for them. This is also important during recession when I might be a valuable asset to another company but the company cannot afford to wait.

    My point is: definitely prevent abuse of the system, but not by putting more shackles on the hapless employee. Give the employee freedom to move anywhere for a certain period of time (could be 3 yrs renewable 2 times as per current H1b) and have strict penalties if this employee overstays visa etc.

    Additionally, if employers abuse the system, send them to jail right away (and have whistle blower immigrant status protection). Make employers more accountable than they are today.

    Just my 2 cents.....





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  • mrajatish
    04-08 11:39 PM
    I think we all agree that H1B visa needs reform. But reform has to stop the abuse of the system, not break the system itself.

    1. How can we ever defend a reform that prevents H1B holder from performong services for another client? Does that mean Deloitte, IBM, BCG, Mckenzie et.al. will not be able to employ any foreign national any more?

    2. How can we mandate that someone, who might have their labor and 140 approved, has to go through a certification process to renew H1 for the same job?

    These are some of the many things wrong with this bill. If Senator Durbin wants to really make "American workers first; H1B abuse limited" work, he might attempt to do the following:

    1. Free up the system such that a temporary worker can certify himself/herself for a job position for a few years (aka EAD for 3 years without being tied to an employer). The employer has to pay the same prevailing wage etc.

    2. Do not abuse the worker by asking him/her to pay for Social Security and Medicare when you call him "temporary" worker. H1B workers should be exempt from such taxes till they file 485 (Adjustment of status).

    And there are many more that I can think of that makes sense. Hope we, as a group, can prevail upon the good sense of the U.S. congress and pass meaningful reform, not a hogwash.





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  • Sakthisagar
    07-29 03:27 PM
    A little touchy here are we. I thought we were skilled immigrants and could hold a mature conversation.



    First of all, the President doesn't create policy, the Congress does. And please answer my question of why he should focus on a few hundred thousands when millions are out of their jobs, economy is in crisis and a couple of wars to fight. I'm just saying in terms of priorities we don't fit and I'm fine with that even though from a selfish perspective it hurts us. With regard to the unemployment rate:

    1. Not all EB immigrants are tech sector employees (esp in EB3)
    2. Even if we consider the population of tech EB employees, some in the American Congress and public *could* argue that lots of these jobs could indeed be done by Americans if they are trained. If you look at the trend of outsourcing you know that it's really not that hard to find somebody who can code in Java/C++ etc. I'm not saying that's true but just saying that's an argument that could be given forward by people who say that the nation's overall unemployment rate could be helped by training people for tech oriented jobs where unemployment rate is low. This is already happening with science and tech initiatives at the middle/higher education level.

    What immaturity you have seen in saying that do not compare USA & India. may be your immature mind to understand.

    We people will only argue and discuss and never do anything solid that is the Nature unfortunately. How do you know The President's Priority? Why do you want to use "coulds "and "can" and "may be???? just for argument sake and that is what they call "IMMATURITY "in superlative Degree





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  • mihird
    07-17 12:06 AM
    This thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.

    My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas ...and, ..... to convert H1B visas to green cards.

    ......

    Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.

    Randall,

    How do you explain this? As per the current setting 3 times as many people are issued H1-Bs as there are green cards each year.

    Each and every H1-B visa holder has a legal option to apply for a green card (the doctorine of H1-B being a dual intent visa). Why have such a flawed setting? The setting is deliberately flawed on purpose...

    In reality this setting does two things.
    1. Fills the overwhelming immediate void of shortage of the highly needed skilled labor, without America having to commit long term to the foreign labor, or give its family any benefits (imagine having a physically/mentally challenged child, and not being able to seek any help from the same government that forces the H1-B holder to commit to social security for years, just like every other American - unfairness of the program at its worst).

    2. Creates an indentured job, wherein the employee has to stick to that job for several years in a hope that one day the backlog will clear and he will get a chance to the green card - employers have full freedom to exploit this indentured laborer as much as they want, during that period. The irrational fixed and equal per country quota makes it worse (or best, depending on whom you ask). Poorer the country, more hard working the people, higher the immigration, longer the wait, better labor indentured for longer the time. Capitalism at its best!!

    Give it some thought...Is the backlog a doing of the H1-B employees? Is it a doing of their country of origin? Neither of the above. The backlog is a doing of the way the program is set up. The program is very cleverly set up to serve the interests of the American companies and America in general (provides a steady supply of skilled, sometimes low paid indentured labor - nothing wrong with that - each country is free to do whatever it takes to further its own interests, plus as a H1-B holder, being in America is a previlage, not a right, so no complains about that)

    WHAT IS REALLY GOING TO HURT AMERICA IN THE LONG RUN IS THE RANDOM WAY IN WHICH THE QUEUE IS SET UP. UNLESS THE LAW MAKERS WAKE UP AND THE CREAM OF THE H1-B POPULATION IS PUT UP FIRST (SKIL BILL), IRRESPECTIVE OF THEIR COUNTRY OF ORIGIN, AND THE REST AFTER, IT WON'T BE LONG BEFORE THE CREAM DECIDES TO JUMP SHIP TIRED OF FIGHTING THIS BORKEN SYSTEM. Its when that starts hurting America, the law makers might finally wake up...but it might be too late.

    A country like India is probably moving forward 10 times faster than America. How long will it take before the two catch up in incomes/standard of living based on the PPP. Based on what I have seen in the last 10 years, I would only give it another 5 years at the most..



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  • alias
    04-07 03:14 PM
    Who extensively opposes this bill (besides VI) will ultimately decide whether or not this bill will be enacted. I don't see anyone besides the consulting community/companies lined up. I would imagine Lou Dobbs likes and every American would like to see this bill passed. Companies like Microsoft, Google, Intel, IEEE etc. will benefit from this bill, as they can hire talent with easy, as they don't have to compete with companies like TCS, Infosys, Wipro and all other big/small body shopping companies for H1B cap. I guess we simply have to wait and watch to see what happens next.





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  • hpandey
    06-27 12:01 AM
    Pandey ji / Valid IV
    o.k..I will explain it slowly ..I can understand that those who are homeowners will justify their home purchase. some maybe in denial and have their head in sand.
    honestly, few months back, even I would have purchased a house . if I had, I would still admit -- that home is not necessarily good investment but a place to stay. even after I buy, I would still say that renting in an apartment has its advantages. here are 2 links in english.
    Why rent? To get richer - MSN Money (http://articles.moneycentral.msn.com/Banking/HomebuyingGuide/WhyRentToGetRicher.aspx)
    Why Your Mortgage Won't Make You Rich - WSJ.com (http://online.wsj.com/article/SB124352291846962809.html)
    --------------
    now you need to read this carefully else you won't understand what the authors are trying to say ..since it is bit unclear but it has good points (not trying to make fun here :)) ..do read since they are superb articles
    but here is even simpler explanation and hopefully that will explain what I am trying to say ..if you still don't understand ..u will need to find someone else to explain.
    first renting gives you flexibility ...so say, u get better job offer or lose job - you don't lose lot of money compared to house if you have to move.
    for 250K house, you pay around 300 property tax, 60 HOA fees, 150 - 200 in maintenance (recurring like lawn plus once in long term like roof, painting etc) , 100 - 150 extra in utilities. you pay downpayment of 50 k ..if you were to invest that money in better investments (mutual funds, stocks, high CDs. bonds) ..you would make 250 - 300 per month. plus add fees when you have to sell the house, insurance, termite protection etc etc ..
    plus in many cases, you end up buying a house further away than if you were to rent (since many want brand new house ) ..this means extra 250 - 300 in gas + vehicle degradation per month.
    (ALSO SAY U WERE IN MICHIGAN OR IN CALIFORtNIA -- you could get away from the state after making money easily if you were renting. .home means you could end up stuck there).

    I agree in apartment you get less space and hence I mentioned - u need to ask - do you really need extra space at this time in life - if yes, then home is better. (but renting a home is even better esp if prices are still falling in your area in this case).
    btw - as of now rents are going down -- you just need to negotiate.
    now you don't get the money back in rents..but neither do you get money paid in the expenses listed above.
    (in other words - you don't get money back that you pay in rent yr apt BUT you get a place to stay ..this is not India where you can sleep on foot path - so you need a place. apartment property owner will make a small profit - but that is the system)

    before you jump - house is good when it appreciates by atleast 1 -2 percent above inflation and I am not saying that you should never buy a house.
    there are many other points and I will post it in IV WIKI ...and I hope this helps newcomers ...this is my last personal post ...and do watch the movie :) ..once again I did mention in plain english that it is worst case scenario (the movie "pacific heights")..but best case scenario is not good either if you are a landlord with property in US while you are in India (or vice versa).

    hope that answers your question ..please note: the above is for normal cases ..but if you get a good deal or short sale or foreclosed home for 50K --- then yes, buying makes sense !!

    Thank you Mr. Hiralal for your condensending post . Your trying to explain it slowly will not make your argument strong.

    I am not trying to justify my homeownership to you or anyone else here. I am just presenting the real facts that apply to my case. I did not buy a house to get rich neither would I become rich if I rented.

    I bought a house only a few months back and not in the real estate bubble time. I have paid a good price for it and my mortage is the same as my rent . The house has four times the area of the apartment I used to rent and is in a very very good area . So why should I go on renting.

    Anyway my primary reason to buy was for my 2 year old who ( and my family ) need more space to live rather than a cramped two bedroom apartment. I don't know about you but I have spent 9 years in this country . GC is no where in sight. Waiting for GC and wasting valuable years of your life living in a rented accomodation don't make sense to me when you can get a nice big house for your family at a very good price and low mortgage .

    Maybe you believe all these media articles but these are written for a broad view.

    Everyone is unique and every situation is unique. There are a lot of places in US where the prices did not fall that much and there are some place where they are in fact rising now .

    Mortgage rates are low now as are the home prices after correction but what about mortgage rates two years from now ? I can't predict if the home prices will go down or not since that depends on the location but I can say this for sure that mortgage rates will go up .

    Homeowners like me don't have our heads stuck in the sand as you say - I spent a good two years 2007 and 2008 making calulations , waiting for the right time and finding a good valued house at a good mortgage rate.

    We are not as stupid as you think.

    Thank you .



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  • kevinkris
    02-18 04:22 PM
    Hi Macaca,

    Thanks for all info about lobbying. The concept is good for changing laws based on public opinions but i think it's misused to pass the laws from businesses who have money. Like these big oil and automobile companies.. huh..

    Thanks,
    Kris





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  • unitednations
    07-17 12:39 PM
    Unitednations,

    Could you provide me your contact info so that we can talk / email in person.
    My email id is jeyvee72@hotmail.com.

    Thanks
    Tom


    Tom; I'm sorry but I used to have my contact info on immigration.com and I enjoyed talking to people at one point. However; it got to be too much to discuss with people (close to 100 phone calls per day).

    I prefer if you keep it to the boards for everyone elses benefit.



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  • gcisadawg
    12-26 11:40 PM
    So, you want to remove the threat of nuclear weapons by using them?



    Well, remove the threat by telling Clearly and unmistakably that use of nuclear weapon by Pakistan would invite catastrophic counter attack. Not by using it. Remember, India has "no first use" policy....


    Otherwise what happens...Pak would keep taunting that " Hey, remember we have nukes...wanna pick a fight with us?" and keep doing what they are doing. They are trying to take the option of war OFF the table. India should keep it in the table but use very very cautiously.

    Peace again,
    G





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  • Macaca
    05-30 05:36 PM
    Visa Case Lawyer Reveals Infosys Tactics (http://blogs.wsj.com/indiarealtime/2011/05/30/visa-case-lawyer-reveals-infosys-tactics/) By Amol Sharma and Megha Bahree | IndiaRealTime

    The lawyer for the U.S. employee of Infosys Technologies Ltd. who is alleging in a civil suit that his employer engaged in visa fraud and then tried to cover it up shared some details about the Indian outsourcing firm�s response to the suit so far.

    The lawsuit was filed in February in Circuit Court in Alabama and has sparked a high-stakes criminal probe of Infosys by U.S. federal investigators.

    Infosys doesn�t want a jury trial in the civil case and is pressing for arbitration, a mechanism in the U.S. system whereby a neutral third party resolves a dispute, according to Kenny Mendelsohn, a lawyer for Mr. Palmer. A federal judge will decide that matter.

    Mr. Mendelsohn, who emailed India Real Time a status update on the case, suggested that Mr. Palmer�s work laptop�which he says contains documents that would substantiate the claim of visa violations�has become a crucial piece of evidence in the case.

    He says Infosys tried to get the laptop back after Mr. Palmer started cooperating several months ago with U.S. authorities, who took interest in the case.

    �When Infosys learned that Mr. Palmer was cooperating with the Investigators, it demanded that he turn the laptop over to Infosys and threatened to fire him if he did not,� Mr. Mendelsohn wrote in the email. �However, Mr. Palmer on my advice opted to secure the laptop and the Investigators now have it.�

    Infosys said it was only following the law in seeking access to the computer after Mr. Mendelsohn filed his suit.

    �The notion that in this instance we have attempted to do anything inappropriate with respect to a company issued computer maintained by an employee is simply not accurate. In any context in which the company is involved in litigation or is otherwise required to preserve documents and electronic records, the law requires us to both secure and maintain copies of those records,� said the firm in an emailed statement. �That is precisely the practice that any company would follow in this situation and it is precisely what we have attempted to do here.�

    Infosys did not comment on the question of seeking arbitration or on Mr. Palmer�s present work status with the company.

    Mr. Palmer still works at Infosys but is �on the bench,� which means he is drawing a salary but isn�t staffed on any projects and is sitting at home, according to his lawyer.

    �He is not doing any work, but has continually contacted Infosys requesting another assignment,� Mr. Mendelsohn wrote. �Even though Mr. Palmer has received information that there are numerous positions available that could use him, Infosys still has not sent him to another assignment.�



    Fixing Congress (http://bostonreview.net/BR36.3/ndf_jim_cooper_fixing_congress.php) By Jim Cooper | Boston Review
    Coaching and Much More for Chinese Students Looking to U.S. (http://www.nytimes.com/2011/05/30/business/global/30college.html) By DAN LEVIN | The New York Times
    Is multiculturalism in Europe dead? (http://www.todayszaman.com/columnist-245422-is-multiculturalism-in-europe-dead.html) By Amanda Paul | Sunday's Zaman
    A Crackdown on Employing Illegal Workers (http://www.nytimes.com/2011/05/30/us/politics/30raid.html) By JULIA PRESTON | The New York Times
    Trust but E-Verify (http://www.nytimes.com/2011/05/30/opinion/30douthat.html) By ROSS DOUTHAT | The New York Times
    Justices� Arizona Ruling on Illegal Immigration May Embolden States (http://www.nytimes.com/2011/05/28/us/politics/28immigration.html) By JULIA PRESTON | The New York Times
    How the Other Half Lives, Still (http://www.nytimes.com/2011/05/27/opinion/27fri3.html) The New York Times Editorial
    High court lets Arizona usurp federal role on immigration (http://www.washingtonpost.com/opinions/high-court-lets-arizona-usurp-federal-role-on-immigration/2011/05/26/AGqXlyCH_story.html) The Washington Post Editorial
    Immigrant-Law Ruling Irks Some Businesses (http://online.wsj.com/article/SB10001424052702303654804576349834244083052.html) By MIRIAM JORDAN And DANNY YADRON | Wall Street Journal



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  • gcnotfiledyet
    03-24 04:26 PM
    No problems with Universities. I was surprised to see how many h-1b's are actually held by universities.

    You would be even more surprised if you look at the LCA and the salary they pay. Its surprising how they can get away with it. But then they are cap exempt, so that says something.





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  • sk2006
    06-06 01:31 AM
    .. nothing on innovation and technology and more Family based immigrants on welfare and low paid jobs... Do you still think, thing of past holds good now?

    I agree.



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  • Marphad
    12-23 05:09 PM
    It seems there are enough pathetic liars who are propagating lies like "99% of terrorist are muslims" (ever heard of bodo, tamil tigers, Khalistan movement, BJP, VHP, SP?) , or about population of muslims in india... have you done a survey? Or perhaps the government deliberately cooked demographics to upease brahman dominance? It seems quite convincing reading your comments that a particular segmant of hindu group carries very deep hatred of muslims in them and propagate it by lies, murder and debauchary... wonder who you god(s) are, or is godse your god!

    You included BJP in terrorist group list? Either you are ignorant, lack of information, complete idiot, out of your mind or Pakistani.





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  • satishku_2000
    05-16 07:08 PM
    Permanent lc for for the future job. Current job is different than future job though they are similar. H1B is for current job.

    But it does not impact much if Skil bill comes. Most of the persons PD will become current and anyone who gets H1b will get GC within 1 or 2 years. So no need for H1b extension. If Skil bill comes with Durbin proposal then most of the negative issues will be resolved by increasing more gcs. Infact substitution elimination also not needed if Skil bill comes as PD will become current always.

    I am talking about people whose permanent labors are approved but they can not get green card for whateever reason. My labor application for future job was applied 3 yeags ago in the past As per my employer job was available 3 years ago and government took its own time to adjudicate the application. Does my last statement sound illogical? Your analysis is same , I mean illogical .

    Who knows what bills congress is going pass and not . I would rather live with status quo rather than things getting worse for me . They dont even let me file for 485 because of per country limits etc...



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  • panky72
    08-08 10:39 PM
    HERE COMES THE BEST JOKE OF THIS THREAD

    I got a RED dot for this post.

    Comment - "Racist Joke".

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





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  • RaviG
    07-14 08:24 PM
    the spill over from EB1 should go equally to Eb2 and Eb3..can we work on getting this message across.

    I dont understand your argument, may be I misunderstood. Who will benefit from EB1 to EB3 spill over ROW or retrogressed countries. It likely EB3 ROW. So why EB3 Indian writing the letter? May be things should be more clear about what you want to achieve.



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  • GCOP
    07-14 10:30 AM
    I already mailed the Letter to Visa Section, DOS with a request to allocate some Visa Number to EB-3(India) to help to reduce the wait time. Did not mention about EB-2 or any other thing. Just a Request for EB-3 (India).





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  • burnt
    04-01 02:24 PM
    Hello burnt
    From my own experience USCIS actually called me directly . So don't be surprised USCIS calling your attorney. The best thing about the call was the immigration officer, verified all my info and notified on my 485 approval and my wife on that same call. It was hard to believe it , since even infopass couldn't confirm my approval. And I recieved my card in just 3 business days after the approval. So chill out , its a good thing that USCIS is trying to resolve your case. nothing to be worried about

    cheers

    Thanks For replying!. Just a little surprised as I was expecting an RFE for medicals, but the fact that USCIS personally calling my attorney just surprises me.





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  • logiclife
    02-21 12:52 PM
    Lou dobbs, Pat Buchanan and people of that kind are full of vanity. It is wise to tune out such guys and make sure that they do not affect policy decisions in congress. I dont think policy makers care for his rant on TV.

    Pat Buchanan atleast ran for President for a couple of times. He has a lot of wrong ideas especially about immigration but he wanted to do something about whatever he believed in. And he actually did work in public service in the seventies in the Nixon White House.

    This guy Dobbs, claims to know everything that's wrong with congress, the laws, the trade agreements, and all he does is preach. Why doesnt he run for congress and fix things he thinks are so easy to fix. If he is so smart and able, then he should really run for congress and do what he thinks his right.

    The reality is... the chamber of House is no CNN studio. If a trust-fund, Preppie kid like him went to Congress, he wouldnt last a week.





    unseenguy
    06-26 03:02 PM
    There is a myth with deduction:

    Deduction is not same as TAX credit. When you get a tax credit of $3000 . you save $3000, but when you get $3000 tax deduction, you only save $3000 * .28 or .33 whatever is your highest tax bracket. For most married couples it should be either 28% or 33% of their income. Hence you only save 28% of the interest + taxes. It can help further reduce your tax bracket if you have educational loan or charity contributions etc by bringing your taxable income down. Further reduction in tax bracket can help you qualify for additional deductions.

    However, if I am paying $1000 as interest, then I am only saving $310 or $280 in deudctions, but I am still left to pay $690 as interest.

    ValidIV, is stressing on 30 yrs of home ownership, however, what we are saying is prices may go down 20% further. If that happens, then you are losing your downpayment and it may take years for your home value return to what you paid with interest.

    If you buy a house $550K, over 30 years you end up paying more than 600K in interest only. Forget about taxes or HOA fees. Calculate the tax deductions and let me know how much sense did it make to pay that amount if the value of house further depreciates 20% in next 2 years Vs. waiting for 2 years, having 1-2% rate increase, going in with double down payment and flat house price or 1-2% increase.





    mbawa2574
    03-23 09:57 PM
    This whole GC process is unpredictable. Don't waste ur life for it. Do whatever u think is best for you. It will be America on the loosing side if they deny u the GC after u have bought the home.



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