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  • seattleGC
    04-07 10:50 AM
    I am glad IV is taking a strong stand against this bill. IV should work with Compete America (they have more of a vested interests in this) to make sure this bill doesn't see the light of day.

    This bill is introduced by 'Pro-Illegal,pro-union and protectionist' section of Democratic party and 'Anti-immigration at all cost' section of the Republican party. I believe both these groups are fringe elements in both parties. But they could use this bill as a bargain chip for CIR and might get it passed because of it. So we should not take this lightly even if we might not be screwed by this. It will definitely hurt people coming behind us.

    Only reform H1b needs is to increase the quota or have no quota. And also to tie the H1b to the worker and not to the employee. And I dont see any in this bill.




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  • qasleuth
    06-05 11:37 AM
    Does anyone know that the closing has to be before November 30th in order to get this 8K tax benefit?


    It is December 1st not November 30th.

    http://www.federalhousingtaxcredit.com/2009/faq.php




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  • dartkid31
    05-25 01:45 PM
    http://www.law.yale.edu/outside/html/Public_Affairs/709/yls_article.htm

    February 23, 2006
    Watch Video of Author Tom Friedman's Lecture

    Please note: You will need Quicktime 7 to view this video.

    BTW People who support Lou and his view are as ignorant and xenophobic as he is.

    Communique - Your posts dont suggest that you are an immigrant or even pro-immigrant.

    agreed. I think most people on this site have also noticed that.




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  • sanju
    04-07 11:55 AM
    Like me, there may be many IV members who work at a place where there are small fraction of employees on H1. As an example, where I work, out of 70 employees 3 employees are on H1b, including myself. With this proposed bill, each such employer runs into the risk of being picked up for investigations and audits. If the employers have to go through the hassle and inconvenience of federal investigations from two federal agencies, I am not sure how many employers will continue to keep employees on H1. So this bill will not just hurt the consulting company employees, but it could potentially cause lot of problems for other employers too.



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  • gc28262
    03-24 07:15 PM
    .................................................. .................................................. .
    .................................................. ..................................................
    The main reason that I can't get behind lifting of the country quota is exactly this reason. You have a lot of companies run by the same nationality who will only recruit their own people. The staffing companies don't advertise in Indonesia, Germany, Brazil, etc. They only go after their own people. The whole monopolization of visas was used to prevent this type of behaviour.

    .................................................. .................................................. ....
    .................................................. .................................................. ..


    UN,

    I don't think your view of Indian monopoly in IT is correct. It is a natural flow of human resources from countries which had plenty of it to USA which needed it.

    The reason for Indians/Chinese taking up majority of H1B visas is that there are lot of educated candidates to pick from highly populous countries like India and China.

    US never gave any preference to Indians or Chinese in H1B visas. The fact is India and China produced lot of graduates who were capable of doing IT work. So US had the necessity for skilled people, India and China had the supply of these people, naturally staffing companies came up to bank on this opportunity. It was a natural evolution, there was no bias towards Indians/Chinese. If you take any small country in the region, they didn't have enough qualified people so staffing companies didn't flourish in those countries.




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  • Macaca
    12-28 07:44 PM
    Why Nobel laureate Obama will not cry for Binayak Sen (http://blogs.timesofindia.indiatimes.com/Main-Street/entry/why-nobel-laureate-obama-will-not-cry-for-binayak-sen) By Shobhan Saxena | Times of India

    Liu Xiaobo is locked up in a dark cell in a notorious Chinese prison whose walls are so thick that even the news of him winning the Nobel Peace Prize hasn�t reached his ears. Liu has been to jail four times. His crime: speaking up against China�s current system. Liu was picked up by the police in June 2009 on "suspicion of inciting subversion of state power," a crime under Article 105 of China's Criminal Law. According to Xinhua, Liu was arrested because he had incited the subversion of �state power and the overturn of the socialist system through methods such as spreading rumours and slander�.

    But Liu's real crime was his participation in drafting �Charter 08�, a letter written by more than 300 Chinese intellectuals who demanded �more freedom of expression, human rights, more democratic elections, for privatizing state enterprises and land and for economic liberalism�. In a country where a Communist party runs the world�s second-biggest capitalist economy, it�s a heinous crime to challenge the state.

    But, let�s look at what�s happening in our own backyard. Dr Binayak Sen, a doctor and human rights activist, has been sent to jail for sedition under Section 124A. According to this notorious law, invented by British imperialists, �Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.�

    The charge against Liu was that he had written �Charter 08�. He has not denied the accusation. The charge against Dr Sen is that he was a courier of letters �for imprisoned Naxal leaders and was sympathetic to their cause�. Dr Sen has been given life sentence.

    Though Liu and Sen are very similar � both are intellectuals fighting for human rights, there is a huge difference in their positions. The day Liu was supposed to receive the Nobel, US President Obama called on China to release him. "Liu Xiaobo is far more deserving of this award than I was," Obama said. "All of us have a responsibility to build a just peace that recognizes the inherent rights and dignity of human beings��

    In recent months, Obama has spoken for protecting the freedom of democracy activists. The list is long: Liu Xiaobo, Aung San Suu Kyi, Dalai Lama and Shireen Abadi of Iran. Himself a Nobel winner, Obama has been using his poetic words to show that he cares for human rights. Surprisingly, on the Binayak Sen issue, he has been totally silent. Forget the US president, even American human rights organization, magazines and bloggers have not raised this issue. Dr Sen may not be a Nobel laureate but he is a well-known figure.

    Why is that the Americans� heart begins to bleed when a Chinese dissident is held, but they keep quiet when after a kangaroo court-style trial India sends a human rights activist to jail. Not that it matters, nor should we worry about the Americans' view interest on our internal affairs, but Obama�s deafening silence on the Binayak Sen�s case says a lot about the world�s oldest democracy and the biggest democracy and the conspiracy of silence between them. Why America loves Liu Xiaobo but ignores Binayak Sen? Why even a slight violation of human rights in Tibet rattles the US but it looks away when systematic torture in Kashmir is brought to light? Why Washington begins to scream if the Iranian police use tear gas on the streets in Tehran but keeps quiet when the Indian security forces kill young boys, rape women and raze entire tribal villages?

    Why the Americans don�t treat Sen at par with Liu?

    The answer lies in their politics. From his writings, Liu comes across as a pro-West intellectual. "Modernization means whole-sale westernization, choosing a human life is choosing Western way of life. Westernization is not a choice of a nation, but a choice for the human race," he once said in an interview. In his articles, Liu has argued that the �free world led by the US fought almost all regimes that trampled on human rights �." Liu has defended US policies in the Israeli�Palestinian conflict and supported George W Bush's war on Iraq. No wonder when Liu got the Nobel, US Secretary of State Hillary Clinton said, "We raise human rights in every meeting that we have between the US and China, and we will continue to do so."

    Clinton comes to India at least 10 times a year, but she never raises the human rights issue. Of course, she cares two hoots if a doctor who has been working among the poor tribals of Chhattisgarh for 30 years lives or die. For the Americans and their MNCs, Chhattisgarh is a goldmine of business opportunities. In recent years, almost all American ambassadors have made trips to Raipur. American MNCs have signed hundreds of MOUs with Chhattisgarh government. The content of these MOUs and the agenda of US ambassadors� visit remain secret. Why?

    Dr Sen�s crime was that he spoke against Salwa Judum, a private militia created by Chhattisgarh government with the objective of forcing the tribals to give their land to mining barons and MNCs. Till a few years ago, Salwa Judum was on a rampage, killing people, raping women and burning down villages. As Salwa Judum�s atrocities became unbearable, Dr Sen exposed their crimes. Dr Sen in his jail on sedition charges because he spoke against the state that kills its own people.

    But, the Americans love Chhattisgarh government as it is making the state safe for profiteering (a coincidence if its sounds like �Making the world safe for democracy� � Hollywood�s favourite punch line). That's why this client state privilege to India. That�s why they are quiet about Dr Sen, who will never get the Nobel because that will force the Americans to speak for him. That will be embarrassing for another Nobel laureate: Barack Husain Obama.



    Verdict against Sen (http://www.thehindu.com/opinion/letters/article995829.ece) Letters | The Hindu
    Call to free India rights activist Binayak Sen (http://www.bbc.co.uk/news/world-south-asia-12084785) BBC
    Dr Binayak Sen: Tribal doctor (http://news.bbc.co.uk/2/hi/south_asia/7397734.stm) BBC
    Jailed rights activist wins award (http://news.bbc.co.uk/2/hi/south_asia/7361046.stm) BBC



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  • richshi
    05-24 09:58 AM
    Lou dobbs is pure anti-immigrants. he has never been an advocate of legal immigrants, he is against H-1B. Now he mentions legal immigrants only to defy the illegals. He is a bad person.




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  • gc_check
    04-08 06:45 PM
    Hi pitha,

    Thanks for posting this info. Could you please share the source of this information?

    None of us should take this bill lightly. There is a saying - "one should never watch sausage or law being made". The guys who vote on the bills, in most instances, don't actually know what they are voting on. Most lawmakers may vote in favor of this bill as the anti-lobby is warpping this bill around a message "this bill is to enhance protections for American workers, so are you going to vote against American workers?" As such most lawmakers could vote in favor of this bill. The current environment is very dangerous where most people watch news in the sound-bites and half of the Senate is running for President. In such an environment, if you ask Obama, Hilary, Dodd, McCain etc., they are all likely to vote in favor of this bill, without going into the nuances and actual implications of this bill. None of these guys would want to be headlines saying something like �Obama is against American Works�. No one will actually care to look at the long term implication of such a bill whereby most of the IT jobs will be outsourced.

    From tomorrow, we should all email and inform everybody that we can, including our employers. What is the direction from IV core? We are all waiting for the matching orders��.

    There was some discussion about H1B Program in CNN's Lou Dobbs program today and not surprised, as usual it was all against H1B... He had people form Programmers Guild speak and they mentioned about this Durbin-Grassley Bill and he also mentioned that in the house a similar Bill will be introduced by Congressman Bill Pascrell.
    http://www.pascrell.house.gov/
    Looks like, the Anit-Immigration / Anti- H1B/L1 are executing an already well planned strategy. We need to do something on this� else as someone wrote in some forum; this will be a slow-bleed and will eventually kill the h1b program. Now or never, we need to join hands and have to do what is possible to assist the core and ourselves.



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  • qasleuth
    03-25 04:05 PM
    Go back and read each and every line of what UN posted and you would understand.

    Should something bad happen (Which I dont understand why it would), .


    I do not understand either...OP says he/she does not want to spend a grand (not sure if it costs that much) in attorney fees while he is willing to spend time/money trying to immigrate to Alberta. Taking a fatalistic approach and hoping for the best seems to be the idea. Again good luck to OP.

    It is always good to utilize services of a good Attorney for complex situations. But anyways good luck.




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  • number30
    03-25 01:09 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.

    I guess you are right. My company applied H1 for three people 2 transfers and one extension. All premiums. Two cases got approved and one case got big RFE like consulting company or placement agency, requirement of bachelor degree etc. Etc. We are still waiting for the third one. We are not big company having around 50 people working



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  • nixstor
    08-10 10:45 PM
    Yewwwww. Stupid morons get to run the show on CNN who consider guest worker program for Illegal Aliens and H1B the same.

    I dont understand why USCIS has to release data to a random attorney guy.
    Why the hell doesnt he know how many H1B's are being issued every year? Is this attorney guy sleeping or what? 65K and they are gone on May26th 2006Huh?




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  • learning01
    05-24 12:44 PM
    can you tell me why nurses and physio-therapists are brought on H1B visas, and once they are employed their GCs are applied straight away and UNDER NO quota.

    You seem to be liking one or part of Lou's argument. You are only seeing the trees. My friend, start to see the forest. The big picture of Lou.



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  • Dhundhun
    07-14 06:14 AM
    This letter is NOT good for the community. PERIOD.

    I agree with your comment. I read through various posting and rational behind that. This EB2/EB3 stuff has revived memories of worst times. And clearly I remember two other unofficial catagories.

    Delayed: I see people at least got EB3 catagory. Several people were delayed by employer for couple of years and then by lawyers (I am one of victim).

    Returned: Several guys returned back, they could have easily been in various EBs catagories.

    Do you guys think delayed and returned should also rise up in addition to EB3? Or let these groups be perished in times.




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  • raj2007
    04-12 08:10 PM
    For those of you who think housing will always go up and those that think it will back in few years..
    http://cosmos.bcst.yahoo.com/up/player/popup/?rn=3906861&cl=7322611&ch=4226720&src=news

    I don't think it's good time to buy in CA.. Just wait for option ARM reset and market will drop more.



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  • jasmin45
    06-05 08:13 PM
    Do not take that snipet out of context.. Innovation, research and development, that you have talked about was in the past. Do you know that Boeing has a R & D Lab in bangalore? So does many globals.. They are already doing modelling and simulation at those centers :). When they made it difficult for innovators to get here.. jobs left US to go to innovators.. .Same will happen with Technology soon :)

    By the way, all those your points are valid but will have a negligable impact on Housing market or economy in short term.. atleast until next cycle.. Unless US reform immigration policies for a 21st century knowledge revolution.. create well paid jobs for best and brightest in the world right here.. who can earn, spend and not borrow.. (EB category) ... Housing problem will also resolved... But US is lagging way behind. this is my opinion as Obama Administration has not thought so far beyond providing food coupons, housing rescue and medicare... Based on what is on the card, there will be lot of blue collar folks... 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 couldn't agree more with you on this.




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  • alisa
    01-04 01:22 AM
    I think it's now a moot point with you playing obtuse( genuinely or otherwise)
    Also I'm tempted to respectfully ask you to go through your posts rather than ask me how your are doing circles...
    Check this one out...this is what you have been going on about....

    proof for Kayani's involvement->How the entire episode could be Indian media's hype ->how the expectation to shed the inertia build up in Pak being a bit much->attributing the entire thing to hostile relationship btwn the 2 countries->How pakitanis think it's Taiban that's involved->Supposed Indian involvement in Pakistan destablization->non-state actors->How Masood and others should be rounded up->Etradition treaty uncertainity->screwing Dawood as he is past->Bihari thieves-> How Pakistanis should want to know who is trying to provoke India, and risking a war in the subcontinent, and why. 9/11->state->roaches->Paki state govt->don't know what else.

    It looks like you concede a point to keep peddling anything/new things into the already complicated scenario. If you don't agree then please do what you find suitable.I don't want to be contributing into this frivolously logical loop any more than what I've already done.

    Thank you.
    I see you have put arrows in disparate points that I had made. I think you are reading way too much in it if you see circular logic, or even a link, in those disjointed points above.

    There is a lot that has been said on this thread that I agree with. That is not 'conceding points'. Its just agreeing with something.



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  • NKR
    08-05 08:37 AM
    The said person should have been aware of what he or she was getting into. Blaming your hardship on other people and trying to get mileage out of it is hardly an honest way............would you agree?


    Were you aware of each and every rule in the immigration law book before you applied for GC?. Did you foresee this delay before you got into this mess?.

    Shouldn't you have been aware of this option of EB3 people converting to EB2 and accounted for that when you filed your GC?. Aren;t you blaming your hardship on EB3 people and getting mileage out of it?.




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  • vikki76
    04-08 01:48 PM
    New H-1B proposed reform bill is approximately same as it was in year 1999-2000.H-1B was never meant for consulting type of work.So, in 2000, there was a rule passed that in whichever state LCA was cleared,employees could work only in that state.Even in 1999 it was illegal for employers to say that they put their H-1B employers on a "client site".But, people did, on various pretext.H-1B employees were even required to keep their LCA petition with them at work all the time.
    8 years is a long time-many people have forgotten that crackdown.Then in 2002,economy nosedived-and most of the H-1B's went back.Silicon valley was deserted area.Highways all clear,restaurants business closed.Now,since 2004, all the closed businesses are back in operation.
    Some one must have remembered original intention of H-1B,and so re-introduced those provisions.
    If this bill passes- definitely, outsourcing will increase.Not every business will be able to afford $100 per hour programmers.But, again, isn't that good for developing world economy?




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  • babloo_73
    05-01 11:29 AM
    When in college students used to rag others just because they were ragged when they joined the college. It�s not because they want to, it is just because they went through it. Indian software companies are just like, I worked enough in software industry and I have even been on call 24 hours but the truth is, it was never 12 hours or 10 hours work every day. Yes, occasionally I had 12 hours work which is the same in every industry and I used to get calls in the middle of the night at least once or twice during the night, but its not 10 hours work everyday. We want to impress our boss by working 10 hours, that�s the truth; it�s not that your boss wants.

    Similarly, in India people go to work on Saturday not because they have work but to show their face to their PM. Even if God comes down and says that people in India work 10 hours everyday, I cannot believe it. They might be in office for 10-12 hours but that does not mean they are working. It is the people who should be blamed for this. Yesterday�s programmer or today�s PM, and they expect the programmer to be there in the office for 10 hours just because they went through it. I am an ex TCSer, things worked exactly as I said. It is never going to change. All these talks about stress and coding 10 hours straight come on.....:cool:

    I partly disagree... I had worked in 6 different companies in India and in 3 companies, i had to work for more than 12 hours a day. What you are saying might be true for Maintenance projects, but it is definitely not true for development projects particularly when you working on a tight schedule...




    logiclife
    04-07 01:06 PM
    The law makers (democrats) who introduced this so called law to reform H1 are actually trying to kill H1 in the name of reform. They don’t have the backbone to come out and say H1 should be abolished but instead they are taking the back door to kill the H1 through these draconian measures.

    You hit the nail in the head.

    Instead of getting rid of all H1B employees in one full swoop, this lobby wants to put law in place where new H1s will be mostly rejected due the "Consulting clause" and existing H1 employees will be hit in the head with a 2 X 4 when renewing H1, since the scrutiny and paperwork is the same for new H1, H1 extensions and H1 transfers. Same LCA filing, same I-129 forms.

    So instead of immediate purge, this is like getting rid of 5 to 10 thousand each month by making extensions and renewals and transfer impossible for those doing the consulting.

    Like the admin said, this is the slow bleed of H1B program where death is slow but not obvious and easily detectable.




    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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