mariner5555
03-23 11:14 PM
I agree he will loose his down payment or credit score in case of things going south on GC side but still he will be able to do whatever is best for his long term goals now and he will be better off in terms of equity when real estate market bounces back in 3-4 years.There are lucrative deals in the market and renting does not make any sense. There is always a risk factor and u can cover your risks accordingly. Anywaz What exactly ur going to do with Credit Score after u are kicked out from here ? So why not take risk now and play the game.
why do you say that renting does not make any sense ?? credit score would matter if a person gets a better oppurtunity and decides to come back - screwing up yr credit is like burning a bridge. In my humble opinion real estate won't bounce back - it may limp back in majority of the areas. ofcourse housing is local ..
why do you say that renting does not make any sense ?? credit score would matter if a person gets a better oppurtunity and decides to come back - screwing up yr credit is like burning a bridge. In my humble opinion real estate won't bounce back - it may limp back in majority of the areas. ofcourse housing is local ..
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chanduv23
04-12 03:20 PM
Yes, we are all in trouble because of consultants. Nice attitude.
I can say that I am in trouble because of everyone else in the queue of 500,000 highly skilled H1 and L1 people waiting for GC. Everyone else other than me and my family is causing trouble for me.
If all others in the queue were to vanish or die somehow,my PD would become current and I can file for 485.
Isnt that the attitude of IEEE-USA. We are in trouble because of competition from Indian and Chinese professionals.
They have a problem with Indian and Chinese engineers whether they come here, or dont come here. They have problem with H1B, they have a problem if they dont come here and merely work on jobs in India and China that are outsourced from here to there.
Just like IEEE-USA has problem with existence of competition, you have problem with the existence of consultants because that sub-community within this community is also asking for Greencards. And your solution is to eliminate competition.
Consultants can say the same thing...that we are in trouble because of these perm-fulltime jobs holders who stick to one job for 10 years and we have a problem with that.
How can you justify, with reasonable objective arguments that perm-fulltime jobs holders should be ahead of the queue from consultants and they are more deserving candidates for Greencard than consultants? I am not a consultant myself but I'd like to hear your reasoning behind this. Dont tell me crap that consultants pad their resumes. Everyone does it. Whether its consultants or perm-fulltime jobs holders, and whether its H1B or citizens, EVERYONE who is desperate for a job would pad his/her resume. You would do it too if it meant getting yourself away from filing bankruptcy.
I have worked in both capacities, as consultant and as FT. I did FT for 5 years and got fired and moved to consulting and am doing good here. So I am kinda balanced on this issue.
It is no one's fault. We all followed the system properly and did not break any law. So it does not make sense to blame felllow immigrants.
I can say that I am in trouble because of everyone else in the queue of 500,000 highly skilled H1 and L1 people waiting for GC. Everyone else other than me and my family is causing trouble for me.
If all others in the queue were to vanish or die somehow,my PD would become current and I can file for 485.
Isnt that the attitude of IEEE-USA. We are in trouble because of competition from Indian and Chinese professionals.
They have a problem with Indian and Chinese engineers whether they come here, or dont come here. They have problem with H1B, they have a problem if they dont come here and merely work on jobs in India and China that are outsourced from here to there.
Just like IEEE-USA has problem with existence of competition, you have problem with the existence of consultants because that sub-community within this community is also asking for Greencards. And your solution is to eliminate competition.
Consultants can say the same thing...that we are in trouble because of these perm-fulltime jobs holders who stick to one job for 10 years and we have a problem with that.
How can you justify, with reasonable objective arguments that perm-fulltime jobs holders should be ahead of the queue from consultants and they are more deserving candidates for Greencard than consultants? I am not a consultant myself but I'd like to hear your reasoning behind this. Dont tell me crap that consultants pad their resumes. Everyone does it. Whether its consultants or perm-fulltime jobs holders, and whether its H1B or citizens, EVERYONE who is desperate for a job would pad his/her resume. You would do it too if it meant getting yourself away from filing bankruptcy.
I have worked in both capacities, as consultant and as FT. I did FT for 5 years and got fired and moved to consulting and am doing good here. So I am kinda balanced on this issue.
It is no one's fault. We all followed the system properly and did not break any law. So it does not make sense to blame felllow immigrants.
satishku_2000
05-16 05:39 PM
Infact pro immigrants and Corporations are arguing that shortage of skills and they are not displacing US workers. If that is true why cannot they accept the conditions that they will not displace US workers. If you accept that you do not mind replacing some american workers also then all of your points are valid. Then you can lobby for unlimited H1b and Unlimited greencards. You will never get American people support for that. But we all are lobbying based on the shortage of skills. So we should be ready to reduce H1b when demand goes down or accept the conditions for non displacement of US workers. Right now demand is more so US will absorb even 200K H1bs. But you need to look what happened between 2000 to 2003. So many layoffs. Part of reason was economy but other part was due to H1b and outsourcing
I will accept that 25 year old H1b from India can work 15 to 18 hours a day but same kind of productivity cannot get with 40 year old person with family of 2 kids whether Indian or american. Is it right to replace those person with 25 year old person. If that is the case then you will be replaced by youger H1b person in future.
My view is clear. There should be H1b numbers based on demand and supply. If they cannot come with correct numbers then restriction of non displacement of US workers should be there.
Why someone whose permanent labor certificate is approved should have to go thru the process of adertising when his or her H1 is up for renewal? Can you please explain me what is the intent of permanent labor certificate as opposed to LCA in H1?
I will accept that 25 year old H1b from India can work 15 to 18 hours a day but same kind of productivity cannot get with 40 year old person with family of 2 kids whether Indian or american. Is it right to replace those person with 25 year old person. If that is the case then you will be replaced by youger H1b person in future.
My view is clear. There should be H1b numbers based on demand and supply. If they cannot come with correct numbers then restriction of non displacement of US workers should be there.
Why someone whose permanent labor certificate is approved should have to go thru the process of adertising when his or her H1 is up for renewal? Can you please explain me what is the intent of permanent labor certificate as opposed to LCA in H1?
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eb3India
03-29 09:08 AM
I was watching Lou Dobbs yesterday he was discussing STRIVE act being introduced in house,
He pulled out a slide which says they bring 2 million legals every year and part of which said 400,000 H1Bs every year,
Where does he get this number when anual quota is only 65K, can some one verify this
He pulled out a slide which says they bring 2 million legals every year and part of which said 400,000 H1Bs every year,
Where does he get this number when anual quota is only 65K, can some one verify this
more...
Macaca
02-24 07:33 PM
Indian techie slams CNN Lou Dobbs (http://www.indiadaily.com/editorial/10-28a-04.asp)!, N. Sivakumar, October 28, 2004
In a book titled "Dude, did I steal your job? Debugging Indian Computer programmers", the author, an Indian software engineer, has slammed Lou Dobbs of CNN for calling the foreign high-tech workers as non-tax payers, and humiliating the enormous contributions of foreign high-tech workforce to the American economy.
"Foreign high-tech workers who come here on H-1B / L1 visas pay every tax that U.S. citizens do, including Social Security and Medicare. But if they return to their homeland, then they will not get any benefits from these programs. The recent recession cost the United States more than half a million foreign high-tech workers who had to return home after paying all these taxes. In fact, Americans owe them money"
The author writes.
"The ignorance to mention the stupendous contributions of immigrant high-tech workers was the primary cause for the anti-Indian atmosphere which is seen among computer professionals lately. Unfortunately, neither the media nor the public understand the foreign high-tech workforce. The net result: those who supported the foreign high-tech worker programs have taken a back seat to play safe, and Indians and others who came here on visas, and worked their butts off to make this country prosper are named 'slaves', 'dummies', and 'enemies'. writes the author, N.Sivakumar.
The book also claims that bringing in foreign high-tech workforce at the right time was the primary reason for America's stupendous high-tech success, and gives statistics and evidence to prove that hadn't America acted quickly, the Europeans would have taken over the software dominance.
The book also outlines the life, struggle and achievements of Indian programmers in America with entertaining facts, and is a prime discussion topic in many anti-outsourcing and immigration websites lately.
In a book titled "Dude, did I steal your job? Debugging Indian Computer programmers", the author, an Indian software engineer, has slammed Lou Dobbs of CNN for calling the foreign high-tech workers as non-tax payers, and humiliating the enormous contributions of foreign high-tech workforce to the American economy.
"Foreign high-tech workers who come here on H-1B / L1 visas pay every tax that U.S. citizens do, including Social Security and Medicare. But if they return to their homeland, then they will not get any benefits from these programs. The recent recession cost the United States more than half a million foreign high-tech workers who had to return home after paying all these taxes. In fact, Americans owe them money"
The author writes.
"The ignorance to mention the stupendous contributions of immigrant high-tech workers was the primary cause for the anti-Indian atmosphere which is seen among computer professionals lately. Unfortunately, neither the media nor the public understand the foreign high-tech workforce. The net result: those who supported the foreign high-tech worker programs have taken a back seat to play safe, and Indians and others who came here on visas, and worked their butts off to make this country prosper are named 'slaves', 'dummies', and 'enemies'. writes the author, N.Sivakumar.
The book also claims that bringing in foreign high-tech workforce at the right time was the primary reason for America's stupendous high-tech success, and gives statistics and evidence to prove that hadn't America acted quickly, the Europeans would have taken over the software dominance.
The book also outlines the life, struggle and achievements of Indian programmers in America with entertaining facts, and is a prime discussion topic in many anti-outsourcing and immigration websites lately.
gc4me
08-06 10:38 AM
Very well said obviously! But whatever we think about Mrs. Rolling Flood, she already got her lone fan SunnySurya who PMed her his/her phone number. :rolleyes:
Sure they will have good time in coming weekend.
We are here guessing whether RF and SS are girl-girl or guy-girl or guy-guy?:confused:
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
started by a guy/gal who possibly spent the formative years of his/her life buried in text books because mama/papa wanted him/her to crack the JEE and get into IIT... possibly feted with flowers on his/her trip to the US...after lying on the F1 visa interview about intent to immigrate...and now seeking to raise a hue and cry because the protectionist sense of entitlement is being challenged by law abiding immigrants...someone that is obviously closeted in perspective...
obviously, a spoilt child crying sour grapes... the admins did not sweep anything under the carpet... they let this thread grow to 13 pages! obviously, you are someone that is unhappy with a lot of things. stop hurting yourself. you might invite a myocardial infraction given the rate at which you seem to be stressing out... there is no EB3 (majority) vs. EB3 (minority) issue... stop raking up more BS... enough is enough... someone has to have the b*lls to tell you that the world is bigger than you and your inflated sense of self worth and entitlement...got it?
i still dont see the EB2 job posting for this #1 guy/gal in a #2 company... what a #3 (third rate :)) poster with a #4 (fourth degree) threat that started this all... i can help your company find a qualified US citizen for YOUR EXACT JOB... go ahead, do post that... scared to do that? :)... obviously you are!!!! Ha! Ha! Ha!
PM me and I can help your company. No, I am not a body shopper and wont take commissions, thank you. Just thought I'd help a US company not have to deal with this immigration BS, so they can let you go and hire a US citizen instead. Seriously, I call that social service.
While I am at it, I can also contact special interest groups from the ACLU to Gay/Lesbian Groups to Veteran Groups to find out why their members dont get the kind of protected 'lines' that EB2's such as you have! After all, if EB2 is such a protected category, why not have other protections for other groups that need such protections? We can go ahead and divide the world into pieces as small as our mind... :D
My last post for this obvious loser... mama/papa would be proud, indeed :D... sad, sorry state of reality that we call the 'high skilled immigration cause' ...
While you are ranting and raving, dont forget to get back to basics... and read my earlier threads educating you on the basics of EB immigration and why the current interfiling / porting is a valid practice...
Go ahead, rant, rave... enjoy your stress... :D
BTW: I have more qualifications and success than people have letters in their long names :)... so, I know a little bit about success :D... and I didnt get it by throwing others under the bus... !
Sure they will have good time in coming weekend.
We are here guessing whether RF and SS are girl-girl or guy-girl or guy-guy?:confused:
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
started by a guy/gal who possibly spent the formative years of his/her life buried in text books because mama/papa wanted him/her to crack the JEE and get into IIT... possibly feted with flowers on his/her trip to the US...after lying on the F1 visa interview about intent to immigrate...and now seeking to raise a hue and cry because the protectionist sense of entitlement is being challenged by law abiding immigrants...someone that is obviously closeted in perspective...
obviously, a spoilt child crying sour grapes... the admins did not sweep anything under the carpet... they let this thread grow to 13 pages! obviously, you are someone that is unhappy with a lot of things. stop hurting yourself. you might invite a myocardial infraction given the rate at which you seem to be stressing out... there is no EB3 (majority) vs. EB3 (minority) issue... stop raking up more BS... enough is enough... someone has to have the b*lls to tell you that the world is bigger than you and your inflated sense of self worth and entitlement...got it?
i still dont see the EB2 job posting for this #1 guy/gal in a #2 company... what a #3 (third rate :)) poster with a #4 (fourth degree) threat that started this all... i can help your company find a qualified US citizen for YOUR EXACT JOB... go ahead, do post that... scared to do that? :)... obviously you are!!!! Ha! Ha! Ha!
PM me and I can help your company. No, I am not a body shopper and wont take commissions, thank you. Just thought I'd help a US company not have to deal with this immigration BS, so they can let you go and hire a US citizen instead. Seriously, I call that social service.
While I am at it, I can also contact special interest groups from the ACLU to Gay/Lesbian Groups to Veteran Groups to find out why their members dont get the kind of protected 'lines' that EB2's such as you have! After all, if EB2 is such a protected category, why not have other protections for other groups that need such protections? We can go ahead and divide the world into pieces as small as our mind... :D
My last post for this obvious loser... mama/papa would be proud, indeed :D... sad, sorry state of reality that we call the 'high skilled immigration cause' ...
While you are ranting and raving, dont forget to get back to basics... and read my earlier threads educating you on the basics of EB immigration and why the current interfiling / porting is a valid practice...
Go ahead, rant, rave... enjoy your stress... :D
BTW: I have more qualifications and success than people have letters in their long names :)... so, I know a little bit about success :D... and I didnt get it by throwing others under the bus... !
more...
unitednations
03-25 01:15 PM
Thanks UN. Gosh!! this thread is an autopsy of current affairs in EB immigration. Very good going, with what is now a misleading title.
Do they have any filtering mechanism for lot of these fake future employer GC apps through sister/subsidiary or pay for GC companies. We have had few people come on these forums before or after approval of GC asking what happens if they never work for the sponsoring company.
I personally know someone who got a GC in 2002 without ever working(not for sponsoring employer or even for some other company) and since never worked in the field they got GC. I bet that involved a lot of faking but slipped through every test.
The number one thing USCIS does is look at how many petitions they have filed compared to number of people on payroll. If it is out of line then they start digging deeper. I have only seen them deny current persons ptition and not go after people who already have gotten greencard. Those iowa companies people have gottn greencard so we will have to wait and see what/if something will happen. I do know that uscis/ice/dol work at their own pace so there is significant time lag in their investigations.
Do they have any filtering mechanism for lot of these fake future employer GC apps through sister/subsidiary or pay for GC companies. We have had few people come on these forums before or after approval of GC asking what happens if they never work for the sponsoring company.
I personally know someone who got a GC in 2002 without ever working(not for sponsoring employer or even for some other company) and since never worked in the field they got GC. I bet that involved a lot of faking but slipped through every test.
The number one thing USCIS does is look at how many petitions they have filed compared to number of people on payroll. If it is out of line then they start digging deeper. I have only seen them deny current persons ptition and not go after people who already have gotten greencard. Those iowa companies people have gottn greencard so we will have to wait and see what/if something will happen. I do know that uscis/ice/dol work at their own pace so there is significant time lag in their investigations.
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unitednations
07-08 06:10 PM
Thanks!
The outstanding questions, i guess, are:
They allotted the visa numbers prior to actual approvals. This contravened their clearly stated policy. In fact the ombudsman mentions this policy and suggests change. If they allotted the numbers prematurely, and are still in the process of approving those petitions and sending out the decisions...should the numbers have remained current UNTIL THE LAST PETITION IS APPROVED?
---------------------this is an age old problem for uscis. If when a case is filed and they allocate a visa to it; then there would be a massive amount of visas that would go unused. A 2006 visa number cannot spill over to 2007 because the carryover effect is not available. If a person is stuck in name check, didn't get fingerprints; case got denied and is in appeal then that visa would be lost forever if it didn't get approved by the end of the fiscal year; and someone else wouldn't be able to file. You would only have forward movement of visa dates until beginning of next fiscal year when they release visas and then they could move them back to let other people file who just got their labors approved or follow to join, etc.
---------------------the current administration is fond of re-defining many things in law; they have re-defined torture; geneva conventions; bill of rights; even though those laws have not changed.
----------------------now they are re-defining the visa bulletin. Look back at June 2005; when eb3 visas went unavailable for july; they still allowed people to file until end of june. When October 2005 visa bulletin came out and eb2 india went back to 1998 they had used up all the visas by september but still allowed filing. When eb2 india went unavailable in August 2006 they still allowed people to file in July 2006.
----------------------therefore, the law hasn't changed but they have re-defined it. I haven't met anyone yet who actually had their case approved on the week-end. Just knowing systems the way I know them; they probably aren't allowed to do transactions on week-ends or holidays. Therefore, whatever happens on the week-end could have happened on the friday or the following monday. It will be interesting to see how many people actually get their greencard and it says "permanent reident since.... June 29, 30 or July 1".
----------------------the stakes were big enough for uscis that they were willing to re-define how they look at things. Hundreds of millions or billions of dollars would have been a big enough stake for uscis/dos to re-define the relevant laws/regulations and long standing process. Interesting thing is how would things have changed if the actual fee strcture went into affect on July 2. Maybe uscis wouldn't have been so overzealous in approving cases at lightning speeds.
One could argue that per USCIS policy and stated process the visa numbers are still available till that day- a petition could be rejected at the last moment- sending a number back to the pool....
the other question is- did they allot >81% of the numbers (27% per quarter) even before the fourth quarter began? Can they allot numbers on sunday while not accepting applications that day because they are "closed" thus denying petitioners from getting in while the numbers are current?
i would be surprised if they went over the country cap- they have treated that as religion of late.
===============they definitely went over the country cap. EB1 ROW and EB2 row have never been retrogressed and eb3 row was retrogressed in June itself.
the dates for india/china will only move after EB3 ROW becomes current. any ideas how far that is?
===============I was surpirsed myself in the perm labor filings. There is actually a very high number of cases filed by ROW people. ROW people will always get preference. 2007 ROW priority date in eb3 would get preference over the 2,802 person from india even if that person's date is 2003.
see answers within text.
The outstanding questions, i guess, are:
They allotted the visa numbers prior to actual approvals. This contravened their clearly stated policy. In fact the ombudsman mentions this policy and suggests change. If they allotted the numbers prematurely, and are still in the process of approving those petitions and sending out the decisions...should the numbers have remained current UNTIL THE LAST PETITION IS APPROVED?
---------------------this is an age old problem for uscis. If when a case is filed and they allocate a visa to it; then there would be a massive amount of visas that would go unused. A 2006 visa number cannot spill over to 2007 because the carryover effect is not available. If a person is stuck in name check, didn't get fingerprints; case got denied and is in appeal then that visa would be lost forever if it didn't get approved by the end of the fiscal year; and someone else wouldn't be able to file. You would only have forward movement of visa dates until beginning of next fiscal year when they release visas and then they could move them back to let other people file who just got their labors approved or follow to join, etc.
---------------------the current administration is fond of re-defining many things in law; they have re-defined torture; geneva conventions; bill of rights; even though those laws have not changed.
----------------------now they are re-defining the visa bulletin. Look back at June 2005; when eb3 visas went unavailable for july; they still allowed people to file until end of june. When October 2005 visa bulletin came out and eb2 india went back to 1998 they had used up all the visas by september but still allowed filing. When eb2 india went unavailable in August 2006 they still allowed people to file in July 2006.
----------------------therefore, the law hasn't changed but they have re-defined it. I haven't met anyone yet who actually had their case approved on the week-end. Just knowing systems the way I know them; they probably aren't allowed to do transactions on week-ends or holidays. Therefore, whatever happens on the week-end could have happened on the friday or the following monday. It will be interesting to see how many people actually get their greencard and it says "permanent reident since.... June 29, 30 or July 1".
----------------------the stakes were big enough for uscis that they were willing to re-define how they look at things. Hundreds of millions or billions of dollars would have been a big enough stake for uscis/dos to re-define the relevant laws/regulations and long standing process. Interesting thing is how would things have changed if the actual fee strcture went into affect on July 2. Maybe uscis wouldn't have been so overzealous in approving cases at lightning speeds.
One could argue that per USCIS policy and stated process the visa numbers are still available till that day- a petition could be rejected at the last moment- sending a number back to the pool....
the other question is- did they allot >81% of the numbers (27% per quarter) even before the fourth quarter began? Can they allot numbers on sunday while not accepting applications that day because they are "closed" thus denying petitioners from getting in while the numbers are current?
i would be surprised if they went over the country cap- they have treated that as religion of late.
===============they definitely went over the country cap. EB1 ROW and EB2 row have never been retrogressed and eb3 row was retrogressed in June itself.
the dates for india/china will only move after EB3 ROW becomes current. any ideas how far that is?
===============I was surpirsed myself in the perm labor filings. There is actually a very high number of cases filed by ROW people. ROW people will always get preference. 2007 ROW priority date in eb3 would get preference over the 2,802 person from india even if that person's date is 2003.
see answers within text.
more...
Macaca
05-27 05:20 PM
U.S. Probes Infosys Over Visas (http://online.wsj.com/article/SB10001424052702304520804576343070058872708.html) By MIRIAM JORDAN | Wall Street Journal
U.S. authorities are investigating whether an Indian software giant repeatedly violated American visa laws in order to place its own foreign employees in temporary jobs at some big corporate clients in the U.S.
The probe is examining whether Infosys Technologies Ltd. used inexpensive, easy-to-obtain visas meant to cover short-term business visits to the U.S.�instead of the appropriate, but harder to get, work visas�to bring in an unknown number of its employees for longer-term stays, according to people familiar with the matter.
These so-called B-1 business visas are intended for foreign nationals who come to the U.S. for purposes such as attending business conventions, consulting with business associates or installing machinery.
A State Department spokeswoman said the department is investigating Bangalore-based Infosys but declined further comment.
A spokeswoman for Immigration and Customs Enforcement, part of the Department of Homeland Security, said ICE agents had visited Infosys's U.S. offices. However, she said that "as a matter of policy, the agency can neither confirm nor deny the existence of an ongoing investigation."
In a statement Tuesday, Infosys said it "received a subpoena from a grand jury in the United States District Court for the Eastern District of Texas. The subpoena requires us to provide information to the grand jury regarding our sponsorships for, and uses of, B-1 business visas."
In a filing Tuesday with the U.S. Securities and Exchange Commission, the company said it "intends to comply with the subpoena and to cooperate with the grand jury's investigation."
Infosys is best known as an outsourcing company that provides India-based computing and other technology services to Western clients. But it also boasts thousands of U.S.-based employees who develop and install software for back-office accounting, logistics and supply-chain management for companies in the retail, finance and manufacturing industries. Infosys doesn't disclose the identity of its clients.
The visa investigation comes amid a national debate in the U.S. over whether foreign workers, particularly in the software sector, are displacing qualified Americans because they are cheaper to employ.
The investigation has spurred the government to say it intends to tighten visa regulations to close loopholes that critics say enable employers to abuse the immigration system.
The probe was sparked by a lawsuit filed in Alabama state court earlier this year by an Infosys employee named Jack "Jay" Palmer Jr., alleging that Infosys misused the B-1 visa program. The lawsuit, which was recently moved to federal court, alleges that Infosys should have used a different visa program, known as H-1B, under which high-skilled professionals, such as software developers, are allowed into the U.S. for longer-term work.
The U.S. issues just 65,000 H-1B visas a year, and demand sometimes exceeds supply. H-1Bs take several months to get and can cost upward of $3,000 per individual. The is no cap on B-1 visas, which can be obtained in a matter of days for $140 each.
In a court filing, Infosys, which acknowledges using B-1 visas, denied the lawsuit's allegations that it had abused them.
In an interview, Paul Gottsegen, Infosys's chief marketing officer, said he couldn't comment on a matter before the court, but he added: "We are currently in the midst of a detailed internal review to understand whether we need to change or tighten controls with the visa-application process. We are moving as quickly as possible on this important work."
After learning of Mr. Palmer's lawsuit, Sen. :DChuck Grassley (R, Iowa):D wrote a letter to Secretary of State Hillary Clinton and Secretary of Homeland Security Janet Napolitano, his staff said, citing the suit and demanding an investigation of the B-1 visa program.
"I'm concerned about fraudulent actions that at least one foreign-based company has allegedly been taking in order get around the requirements and U.S. worker protections�.," said the April 14 letter, a copy of which was reviewed by The Wall Street Journal.
Visa fraud can carry penalties of 10 years in prison, in addition to fines. Companies found to violate the terms of a visa program such as H-1B can be temporarily suspended from participating in the program.
For the fiscal year ended March 31, Infosys had revenue of $6 billion, about two-thirds of which came from North America. To service its U.S. clients, Infosys has become one of the top users of the H-1B visa program, employing about 10,000 H-1B holders in the U.S., according to its annual report. Other large users of the visas include Microsoft Corp. and Indian tech titans Wipro Ltd. and Tata Consultancy Services Ltd.
H-1B visa holders can remain in the U.S. for as long as three years and are paid locally; their employers withhold federal and state income tax. B-1 visa holders are paid by the employer from their home country.
In his lawsuit, Mr. Palmer, a principal consultant at Infosys, alleges that Infosys was affected by the limited number of H-1Bs in 2009 and began using B-1s to circumvent H-1B requirements.
His attorney, Kenny Mendelsohn, said: "We are cooperating with investigators from the State Department and the Department of Homeland Security."
In March 2010, Mr. Palmer attended meetings in Bangalore, where Infosys officials discussed the need to find "ways to creatively get around the H-1B limitations and process to work the system to increase profits and the value of Infosys' stock," according to the lawsuit. Infosys denies the allegation.
Later, according to Mr. Palmer's complaint, he was asked to prepare letters in support of B-1 applications stating "the employee was coming to the United States for meetings, rather than to work at a job."
After he refused to write such letters, Mr. Palmer was instructed "to keep quiet" by a manager sent from India who confirmed the violations, according to the suit�a claim Infosys denies.
Mr. Palmer reported his concerns to Infosys' corporate counsel, Jeff Friedel, who told him to report them to the company's whistle-blower team, which he did in October 2010, according to the lawsuit. Mr. Friedel didn't reply to a request for comment.
Mr. Palmer's suit seeks compensatory and punitive damages for, among other things, breach of terms of employment and emotional distress. Mr. Palmer remains employed by Infosys, but he is not currently doing any work, according to his attorney.
In recent years, Congress has introduced anti-fraud, training and other fees that have significantly raised the price of securing an H-1B visa.
"As Congress has made the H-1B visa category more expensive and more difficult to obtain, companies have searched for alternatives. The B-1 is one such alternative," said Stephen Yale-Loehr, an immigration-law professor at Cornell University.
"Because the B-1 is nebulous, some companies may be going beyond its intention," he added.
According to State Department regulations, a B-1 visa holder cannot engage in "local employment or labor for hire."
U.S. Moves from Rhetoric to Action on Visas (http://blogs.wsj.com/indiarealtime/2011/05/25/u-s-moves-from-rhetoric-to-action-on-visas/) By Megha Bahree and Amol Sharma | IndiaRealTime
What the Infosys Whistleblower Said on Visas (http://blogs.wsj.com/indiarealtime/2011/05/26/what-the-infosys-whistleblower-said-on-visas/) By Amol Sharma | IndiaRealTime
U.S. authorities are investigating whether an Indian software giant repeatedly violated American visa laws in order to place its own foreign employees in temporary jobs at some big corporate clients in the U.S.
The probe is examining whether Infosys Technologies Ltd. used inexpensive, easy-to-obtain visas meant to cover short-term business visits to the U.S.�instead of the appropriate, but harder to get, work visas�to bring in an unknown number of its employees for longer-term stays, according to people familiar with the matter.
These so-called B-1 business visas are intended for foreign nationals who come to the U.S. for purposes such as attending business conventions, consulting with business associates or installing machinery.
A State Department spokeswoman said the department is investigating Bangalore-based Infosys but declined further comment.
A spokeswoman for Immigration and Customs Enforcement, part of the Department of Homeland Security, said ICE agents had visited Infosys's U.S. offices. However, she said that "as a matter of policy, the agency can neither confirm nor deny the existence of an ongoing investigation."
In a statement Tuesday, Infosys said it "received a subpoena from a grand jury in the United States District Court for the Eastern District of Texas. The subpoena requires us to provide information to the grand jury regarding our sponsorships for, and uses of, B-1 business visas."
In a filing Tuesday with the U.S. Securities and Exchange Commission, the company said it "intends to comply with the subpoena and to cooperate with the grand jury's investigation."
Infosys is best known as an outsourcing company that provides India-based computing and other technology services to Western clients. But it also boasts thousands of U.S.-based employees who develop and install software for back-office accounting, logistics and supply-chain management for companies in the retail, finance and manufacturing industries. Infosys doesn't disclose the identity of its clients.
The visa investigation comes amid a national debate in the U.S. over whether foreign workers, particularly in the software sector, are displacing qualified Americans because they are cheaper to employ.
The investigation has spurred the government to say it intends to tighten visa regulations to close loopholes that critics say enable employers to abuse the immigration system.
The probe was sparked by a lawsuit filed in Alabama state court earlier this year by an Infosys employee named Jack "Jay" Palmer Jr., alleging that Infosys misused the B-1 visa program. The lawsuit, which was recently moved to federal court, alleges that Infosys should have used a different visa program, known as H-1B, under which high-skilled professionals, such as software developers, are allowed into the U.S. for longer-term work.
The U.S. issues just 65,000 H-1B visas a year, and demand sometimes exceeds supply. H-1Bs take several months to get and can cost upward of $3,000 per individual. The is no cap on B-1 visas, which can be obtained in a matter of days for $140 each.
In a court filing, Infosys, which acknowledges using B-1 visas, denied the lawsuit's allegations that it had abused them.
In an interview, Paul Gottsegen, Infosys's chief marketing officer, said he couldn't comment on a matter before the court, but he added: "We are currently in the midst of a detailed internal review to understand whether we need to change or tighten controls with the visa-application process. We are moving as quickly as possible on this important work."
After learning of Mr. Palmer's lawsuit, Sen. :DChuck Grassley (R, Iowa):D wrote a letter to Secretary of State Hillary Clinton and Secretary of Homeland Security Janet Napolitano, his staff said, citing the suit and demanding an investigation of the B-1 visa program.
"I'm concerned about fraudulent actions that at least one foreign-based company has allegedly been taking in order get around the requirements and U.S. worker protections�.," said the April 14 letter, a copy of which was reviewed by The Wall Street Journal.
Visa fraud can carry penalties of 10 years in prison, in addition to fines. Companies found to violate the terms of a visa program such as H-1B can be temporarily suspended from participating in the program.
For the fiscal year ended March 31, Infosys had revenue of $6 billion, about two-thirds of which came from North America. To service its U.S. clients, Infosys has become one of the top users of the H-1B visa program, employing about 10,000 H-1B holders in the U.S., according to its annual report. Other large users of the visas include Microsoft Corp. and Indian tech titans Wipro Ltd. and Tata Consultancy Services Ltd.
H-1B visa holders can remain in the U.S. for as long as three years and are paid locally; their employers withhold federal and state income tax. B-1 visa holders are paid by the employer from their home country.
In his lawsuit, Mr. Palmer, a principal consultant at Infosys, alleges that Infosys was affected by the limited number of H-1Bs in 2009 and began using B-1s to circumvent H-1B requirements.
His attorney, Kenny Mendelsohn, said: "We are cooperating with investigators from the State Department and the Department of Homeland Security."
In March 2010, Mr. Palmer attended meetings in Bangalore, where Infosys officials discussed the need to find "ways to creatively get around the H-1B limitations and process to work the system to increase profits and the value of Infosys' stock," according to the lawsuit. Infosys denies the allegation.
Later, according to Mr. Palmer's complaint, he was asked to prepare letters in support of B-1 applications stating "the employee was coming to the United States for meetings, rather than to work at a job."
After he refused to write such letters, Mr. Palmer was instructed "to keep quiet" by a manager sent from India who confirmed the violations, according to the suit�a claim Infosys denies.
Mr. Palmer reported his concerns to Infosys' corporate counsel, Jeff Friedel, who told him to report them to the company's whistle-blower team, which he did in October 2010, according to the lawsuit. Mr. Friedel didn't reply to a request for comment.
Mr. Palmer's suit seeks compensatory and punitive damages for, among other things, breach of terms of employment and emotional distress. Mr. Palmer remains employed by Infosys, but he is not currently doing any work, according to his attorney.
In recent years, Congress has introduced anti-fraud, training and other fees that have significantly raised the price of securing an H-1B visa.
"As Congress has made the H-1B visa category more expensive and more difficult to obtain, companies have searched for alternatives. The B-1 is one such alternative," said Stephen Yale-Loehr, an immigration-law professor at Cornell University.
"Because the B-1 is nebulous, some companies may be going beyond its intention," he added.
According to State Department regulations, a B-1 visa holder cannot engage in "local employment or labor for hire."
U.S. Moves from Rhetoric to Action on Visas (http://blogs.wsj.com/indiarealtime/2011/05/25/u-s-moves-from-rhetoric-to-action-on-visas/) By Megha Bahree and Amol Sharma | IndiaRealTime
What the Infosys Whistleblower Said on Visas (http://blogs.wsj.com/indiarealtime/2011/05/26/what-the-infosys-whistleblower-said-on-visas/) By Amol Sharma | IndiaRealTime
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aachoo
03-24 02:21 PM
I'm sure you meant Larry David ;)
I am not sure which season this was from. If it was before season 7 (?) I bow to your superior knowledge.
-a
I am not sure which season this was from. If it was before season 7 (?) I bow to your superior knowledge.
-a
more...
NKR
08-06 03:12 PM
NKR,
When you give reds, learn to read the whole post. I pointed out that since Op was gone, no one here was really filing a lawsuit but we were debating the issue. The thread may be about anything, so what? The discussion ahd turned to a personalized bashing of anyone that dared file for EB2.
Reading your posts I see that you got a red from someone, guess you decided to lash out in return. Fitting!
Dude, I did not personally bash anyone let alone give you a red dot, I was just putting forth my opinions which you and some of our ilk did not like which is fair enough.
You guys saying guys with Masters are from heaven compared to EB3 guys getting 5+ years experience is like personally bashing each and everyone who falls in that category.
When you give reds, learn to read the whole post. I pointed out that since Op was gone, no one here was really filing a lawsuit but we were debating the issue. The thread may be about anything, so what? The discussion ahd turned to a personalized bashing of anyone that dared file for EB2.
Reading your posts I see that you got a red from someone, guess you decided to lash out in return. Fitting!
Dude, I did not personally bash anyone let alone give you a red dot, I was just putting forth my opinions which you and some of our ilk did not like which is fair enough.
You guys saying guys with Masters are from heaven compared to EB3 guys getting 5+ years experience is like personally bashing each and everyone who falls in that category.
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Pagal
03-23 05:39 PM
Hello,
I had similar calls two times from IO so far...first to ask for documents (which I sent last month) and second on past Saturday to ask if I could come to the office to give new fingerprints (as the old ones have expired).
It is nice to see USCIS becoming more proactive...all the best!
I had similar calls two times from IO so far...first to ask for documents (which I sent last month) and second on past Saturday to ask if I could come to the office to give new fingerprints (as the old ones have expired).
It is nice to see USCIS becoming more proactive...all the best!
more...
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srkamath
07-13 06:28 PM
I don't think the issue is that simple. .........Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.
Just my observation.
ABSURD !
Just my observation.
ABSURD !
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Macaca
12-23 09:42 PM
Congress Cool on Tech Issues in 2007 (http://www.washingtonpost.com/wp-dyn/content/article/2007/12/23/AR2007122301761.html) Patent reform, security, Internet access and other topics are expected to gain a higher profile next session PC World, Dec 23, 2007
No one is calling 2007 a banner year for the technology industry in the U.S. Congress.
Congress passed a handful of bills on many tech vendor and trade group wish lists, but in several cases, they represented partial victories.
"This Congress so far has a record of neglect on technology issues," said Representative Bob Goodlatte, a Virginia Republican, whose party lost the majority in Congress in the November 2006 elections.
Goodlatte isn't an impartial observer, but members of the tech community also acknowledge that Congress has been slow to act on tech issues this year. Still, not everyone was expecting great things from a Congress that had to reorganize after the change in party control.
It's too early to judge this session of Congress, which continues through 2008, said Kevin Richards, federal government relations manager at cybersecurity vendor Symantec. "I think we have a lot of interest [from lawmakers], and this has the potential to be a tech-friendly Congress," Richards said.
Members of the tech community point to some success in Congress this year:
Congress passed the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act, which became law in August. TheAmerica Competes Actallocated US$43.3 billion for research and math- and science-education programs.
Congress approved a free-trade agreement with Peru in December, the only such agreement approved this year. Some labor and environmental groups opposed some free-trade agreements, but the pacts are "imperative" for tech vendors, said Sage Chandler, senior director of international trade for the Consumer Electronics Association.
The CEA, which launched a campaign against "protectionism" in October, said every trade agreement is important to its members. Upcoming free-trade agreements coming before Congress include Columbia, Panama and South Korea. A handful of CEA members are already doing business in Peru or would like to and between 2000 and 2006 U.S. consumer-electronics exports to Peru increased by 12 percent, Chandler said.
"Without the ability to sell into foreign markets and get components from foreign markets, our companies aren't going to be able to employ Americans," she said.
Some successes the tech community can point to, however, were partial victories:
Congress, in late October, passed a seven-year extension to a moratorium on access taxes and other taxes unique to the Internet. But many tech groups and lawmakers had pushed for a permanent tax ban, arguing that it was needed to foster Internet and broadband growth.
Opponents of a permanent ban successfully argued that it would remove a check on Internet service providers attempting to include other services, such as VoIP (voice over Internet Protocol), in the tax ban. In addition, some lawmakers argued that a permanent ban could cripple the ability to pay for services.
But some lawmakers argued Congress should've gone farther. The House of Representatives, which in the past has approved permanent extensions, this year passed a four-year extension and "had to have the Senate show them the way to a better seven-year extension," Goodlatte said. The "ultimate goal" should be a permanent tax moratorium, he said.
The Senate in December passed a one-year extension to a research and development tax credit for U.S. companies. TheTemporary Tax Relief Act, which the House approved Nov. 9, extends the tax credit, which covers 20 percent of qualified R&D spending. But many tech groups have called on Congress to permanently extend the R&D tax credit, which has been extended a dozen times since 1981.
Supporters of an expanded tax credit argue that the U.S. has fallen behind other nations in its R&D support. Once the most generous with R&D tax breaks, the U.S. by 2004 fell to 17th out of the 30 nations of the Organisation for Economic Co-operation and Development.
But the tax break comes with a price tag of about $7 billion a year, and Congress has been reluctant to extend the program long term. Some government watchdog groups have called the R&D tax credit corporate welfare.
Some tech groups have said the R&D tax credit helps keep high-paying tech jobs in the U.S. And companies have a hard time mapping out their R&D when the credit keeps expiring, said Symantec's Richards. "The on-again, off-again nature of the credit makes it impossible for companies to do the long-term planning that's needed," he said.
In many other areas, Congress failed to act on legislation many tech groups called for:
Patent reform: Many large tech companies said their top priority was for Congress to pass a wide-ranging patent reform bill that would make it more difficult for patent holders to sue and collect massive infringement awards. The House of Representatives in September passed thePatent Reform Act, which would allow courts to limit patent damage awards if a patented invention is a small piece of a larger product. Among other things, the bill would also allow a new way to challenge patents within one year after they've been granted.
Supporters of the bill, including Microsoft and IBM, argued that it's too easy for patent holders who have no intent of marketing an invention to sue large companies and collect multimillion-dollar damages when a small piece of a technology product is found to infringe. "There are people who now just hold patents to sue and not to innovate," said Symatec's Richards.
Another important piece of the bill would limit where patent holders could file lawsuits, Richards said. Many patent holders file lawsuits in the patent-friendly U.S. District Court for the Eastern District of Texas, even though neither the patent holder or the accused infringer is located there.
Opponents, including pharmaceutical companies, some small technology vendors and inventors, have successfully stalled the bill in the Senate. They say the bill severely weakens the power of patents.
Senate leaders say they will tackle the bill again in January. Opponents will continue to pressure lawmakers, said Ronald Riley, president of the Professional Inventors Alliance, which has enlisted the support of some labor unions.
Opponents have talked about finding candidates to run against lawmakers who support the bill, Riley said. "We will have an all-out onslaught on the legislation," Riley said. "We think we will have to make an example of some legislators."
H-1B visas: Another top priority of many tech vendors has been an expansion of the H-1B visa program for skilled foreign workers. The current yearly cap is 65,000 visas, with exceptions for an additional 20,000 graduate students, but in recent years, the cap has been filled before the year begins.
Microsoft Chairman Bill Gates testified before a Senate committee in March, saying the U.S. should not shut out talented workers. "We have to welcome the great minds of this world, not drive them out of this country," Gates said. "These employees are vital to American competitiveness."
But U.S. tech worker groups such as the Institute of Electrical and Electronics Engineers-USA (IEEE-USA) have opposed a higher H-1B cap, arguing that companies use the program to hire foreign workers for less money than unemployed U.S. workers would receive. An H-1B increase to 115,000 was part of a comprehensive immigration bill in the Senate, but that bill stalled over a contentious debate about illegal immigration.
Data breaches: A handful of data breach notification and cybercrime bills stalled as Congress focused on other issues. The House approved two antispyware bills, one that created penalties of up to five years in prison for some spyware-like behavior. But the Senate didn't act on the bills, in part because there are concerns that the second spyware bill would preempt tougher state laws.
Net neutrality: Many consumer groups and Internet-based companies continued to call on Congress to pass a net neutrality law, which would prohibit broadband providers from blocking or slowing competitors' Web content. However, the U.S. Federal Communications Commission has included some net neutrality rules in an upcoming spectrum auction, and both Verizon Wireless and AT&T have recently pledged to allow outside content and devices on their mobile-phone networks.
Congress has also examined tougher penalties for copyright infringement, but hasn't moved legislation forward. With the change in party control, some things have been delayed, and "that was fine with us," said Art Brodsky, spokesman for Public Knowledge, a consumer-rights group that has opposed tougher copyright penalties.
Some observers expect Congress to be more active on tech issues in 2008. It will be an election year, and it will be hard for controversial legislation to move forward, but many tech issues aren't partisan, Goodlatte said.
Passing some tech-related legislation would show some progress, he said. "I would think that the Democratic leadership, in the miserable lack of success they've had in passing legislation this year, would be looking for a new approach in the new year," he said.
No one is calling 2007 a banner year for the technology industry in the U.S. Congress.
Congress passed a handful of bills on many tech vendor and trade group wish lists, but in several cases, they represented partial victories.
"This Congress so far has a record of neglect on technology issues," said Representative Bob Goodlatte, a Virginia Republican, whose party lost the majority in Congress in the November 2006 elections.
Goodlatte isn't an impartial observer, but members of the tech community also acknowledge that Congress has been slow to act on tech issues this year. Still, not everyone was expecting great things from a Congress that had to reorganize after the change in party control.
It's too early to judge this session of Congress, which continues through 2008, said Kevin Richards, federal government relations manager at cybersecurity vendor Symantec. "I think we have a lot of interest [from lawmakers], and this has the potential to be a tech-friendly Congress," Richards said.
Members of the tech community point to some success in Congress this year:
Congress passed the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act, which became law in August. TheAmerica Competes Actallocated US$43.3 billion for research and math- and science-education programs.
Congress approved a free-trade agreement with Peru in December, the only such agreement approved this year. Some labor and environmental groups opposed some free-trade agreements, but the pacts are "imperative" for tech vendors, said Sage Chandler, senior director of international trade for the Consumer Electronics Association.
The CEA, which launched a campaign against "protectionism" in October, said every trade agreement is important to its members. Upcoming free-trade agreements coming before Congress include Columbia, Panama and South Korea. A handful of CEA members are already doing business in Peru or would like to and between 2000 and 2006 U.S. consumer-electronics exports to Peru increased by 12 percent, Chandler said.
"Without the ability to sell into foreign markets and get components from foreign markets, our companies aren't going to be able to employ Americans," she said.
Some successes the tech community can point to, however, were partial victories:
Congress, in late October, passed a seven-year extension to a moratorium on access taxes and other taxes unique to the Internet. But many tech groups and lawmakers had pushed for a permanent tax ban, arguing that it was needed to foster Internet and broadband growth.
Opponents of a permanent ban successfully argued that it would remove a check on Internet service providers attempting to include other services, such as VoIP (voice over Internet Protocol), in the tax ban. In addition, some lawmakers argued that a permanent ban could cripple the ability to pay for services.
But some lawmakers argued Congress should've gone farther. The House of Representatives, which in the past has approved permanent extensions, this year passed a four-year extension and "had to have the Senate show them the way to a better seven-year extension," Goodlatte said. The "ultimate goal" should be a permanent tax moratorium, he said.
The Senate in December passed a one-year extension to a research and development tax credit for U.S. companies. TheTemporary Tax Relief Act, which the House approved Nov. 9, extends the tax credit, which covers 20 percent of qualified R&D spending. But many tech groups have called on Congress to permanently extend the R&D tax credit, which has been extended a dozen times since 1981.
Supporters of an expanded tax credit argue that the U.S. has fallen behind other nations in its R&D support. Once the most generous with R&D tax breaks, the U.S. by 2004 fell to 17th out of the 30 nations of the Organisation for Economic Co-operation and Development.
But the tax break comes with a price tag of about $7 billion a year, and Congress has been reluctant to extend the program long term. Some government watchdog groups have called the R&D tax credit corporate welfare.
Some tech groups have said the R&D tax credit helps keep high-paying tech jobs in the U.S. And companies have a hard time mapping out their R&D when the credit keeps expiring, said Symantec's Richards. "The on-again, off-again nature of the credit makes it impossible for companies to do the long-term planning that's needed," he said.
In many other areas, Congress failed to act on legislation many tech groups called for:
Patent reform: Many large tech companies said their top priority was for Congress to pass a wide-ranging patent reform bill that would make it more difficult for patent holders to sue and collect massive infringement awards. The House of Representatives in September passed thePatent Reform Act, which would allow courts to limit patent damage awards if a patented invention is a small piece of a larger product. Among other things, the bill would also allow a new way to challenge patents within one year after they've been granted.
Supporters of the bill, including Microsoft and IBM, argued that it's too easy for patent holders who have no intent of marketing an invention to sue large companies and collect multimillion-dollar damages when a small piece of a technology product is found to infringe. "There are people who now just hold patents to sue and not to innovate," said Symatec's Richards.
Another important piece of the bill would limit where patent holders could file lawsuits, Richards said. Many patent holders file lawsuits in the patent-friendly U.S. District Court for the Eastern District of Texas, even though neither the patent holder or the accused infringer is located there.
Opponents, including pharmaceutical companies, some small technology vendors and inventors, have successfully stalled the bill in the Senate. They say the bill severely weakens the power of patents.
Senate leaders say they will tackle the bill again in January. Opponents will continue to pressure lawmakers, said Ronald Riley, president of the Professional Inventors Alliance, which has enlisted the support of some labor unions.
Opponents have talked about finding candidates to run against lawmakers who support the bill, Riley said. "We will have an all-out onslaught on the legislation," Riley said. "We think we will have to make an example of some legislators."
H-1B visas: Another top priority of many tech vendors has been an expansion of the H-1B visa program for skilled foreign workers. The current yearly cap is 65,000 visas, with exceptions for an additional 20,000 graduate students, but in recent years, the cap has been filled before the year begins.
Microsoft Chairman Bill Gates testified before a Senate committee in March, saying the U.S. should not shut out talented workers. "We have to welcome the great minds of this world, not drive them out of this country," Gates said. "These employees are vital to American competitiveness."
But U.S. tech worker groups such as the Institute of Electrical and Electronics Engineers-USA (IEEE-USA) have opposed a higher H-1B cap, arguing that companies use the program to hire foreign workers for less money than unemployed U.S. workers would receive. An H-1B increase to 115,000 was part of a comprehensive immigration bill in the Senate, but that bill stalled over a contentious debate about illegal immigration.
Data breaches: A handful of data breach notification and cybercrime bills stalled as Congress focused on other issues. The House approved two antispyware bills, one that created penalties of up to five years in prison for some spyware-like behavior. But the Senate didn't act on the bills, in part because there are concerns that the second spyware bill would preempt tougher state laws.
Net neutrality: Many consumer groups and Internet-based companies continued to call on Congress to pass a net neutrality law, which would prohibit broadband providers from blocking or slowing competitors' Web content. However, the U.S. Federal Communications Commission has included some net neutrality rules in an upcoming spectrum auction, and both Verizon Wireless and AT&T have recently pledged to allow outside content and devices on their mobile-phone networks.
Congress has also examined tougher penalties for copyright infringement, but hasn't moved legislation forward. With the change in party control, some things have been delayed, and "that was fine with us," said Art Brodsky, spokesman for Public Knowledge, a consumer-rights group that has opposed tougher copyright penalties.
Some observers expect Congress to be more active on tech issues in 2008. It will be an election year, and it will be hard for controversial legislation to move forward, but many tech issues aren't partisan, Goodlatte said.
Passing some tech-related legislation would show some progress, he said. "I would think that the Democratic leadership, in the miserable lack of success they've had in passing legislation this year, would be looking for a new approach in the new year," he said.
more...
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eb3_nepa
11-21 05:49 PM
So wait a minute!
Endless discussions on Lou Dobbs are ok but starting a "Happy Thanksgiving" stress relief thread gets closed by the moderators??
Half the stuff written in this thread is not related to immigration either, how about closing this thread and every other non-immigration related thead "Supermoderators"?
Endless discussions on Lou Dobbs are ok but starting a "Happy Thanksgiving" stress relief thread gets closed by the moderators??
Half the stuff written in this thread is not related to immigration either, how about closing this thread and every other non-immigration related thead "Supermoderators"?
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mariner5555
04-17 03:16 PM
just in case people are wondering why the future of housing will continue to be bad ..here is the article.
http://blogs.marketwatch.com/greenberg/2008/04/mortgage-resets-the-fun-has-just-begun/?mod=MWBlog
------
�When they start talking about mortgage RESETS,� emailed Paul Jaber, a portfolio manager at the Perpetual Value Fund, �can you correct them and tell them the problem is RECASTS? They surely don�t know the difference��
Paul continued:
See, if you took out an option pay ARM loan in 2005 and bought a few properties like the hotshot 24-year old Southern California real estate mogul � on average you would be able to make 40 months of BELOW interest rate mortgage payments (I use the word payment loosely).
After about 40 months your 2% b.s. payment would make the loan grow to about 115% of the original amount and then � WHAMMO � your loan would recast to a 27-year fully amortizing mortgage. Your payments would go from $1,000 a month to over $3,000 and you would be walking around wondering, like �What is happening?� A good analogy is the three-year no-payment, no-interest Circuit City TV loan. The catch is that in month 37 you owe ALL back interest � usually about double the original charge.
The guys talking about resets are trying to confuse the situation. The option arm loan was very popular through 1Q07 - so take 40 months from that date, plus 3 months for them to go 90 days late and then and only will you see foreclosures start to level off.
To further drive home the point, Paul adds:
The reason why CFC, WM, WB, DSL and FED are all imploding is because the 2003 - 2004 pay option arm loans are all recasting and then going 90 days late. But all you need to know is pay option arm loans have a teaser payment that will last until the loan goes 110%-125% of original value and then the loan RECASTS to a fully amortizing loan. That is how a payment skyrockets - its simple math. Whereas payments can�t realistically double or triple with a simple ARM reset, most are capped every year - again the math is pretty simple.
The resets do indeed peak in the middle of this year and then taper off. It�s also true that the Fed cuts mean that the reset leads to no increase in monthly payments for about 20% of borrowers and for less than $100/month for another 20%, based on an article I read in the WSJ a few days ago. But:
1) That means for 60% of homeowners, the reset will more more than $100/month � for some, a lot more.
2) Mortgages with teaser rates written from Q1 05 - Q2 07 are defaulting at catastrophically high rates before the reset � a whole lotta people can�t even pay the teaser rates!
3) Bulls are missing the lag effects. It takes an average of 15 months from the date of the first missed payment to sale of the house, so the fact that resets are tapering off by the end of this year means the wave of foreclosures and home auctions the resets trigger won�t hit until mid to late 2009 into 2010.
http://blogs.marketwatch.com/greenberg/2008/04/mortgage-resets-the-fun-has-just-begun/?mod=MWBlog
------
�When they start talking about mortgage RESETS,� emailed Paul Jaber, a portfolio manager at the Perpetual Value Fund, �can you correct them and tell them the problem is RECASTS? They surely don�t know the difference��
Paul continued:
See, if you took out an option pay ARM loan in 2005 and bought a few properties like the hotshot 24-year old Southern California real estate mogul � on average you would be able to make 40 months of BELOW interest rate mortgage payments (I use the word payment loosely).
After about 40 months your 2% b.s. payment would make the loan grow to about 115% of the original amount and then � WHAMMO � your loan would recast to a 27-year fully amortizing mortgage. Your payments would go from $1,000 a month to over $3,000 and you would be walking around wondering, like �What is happening?� A good analogy is the three-year no-payment, no-interest Circuit City TV loan. The catch is that in month 37 you owe ALL back interest � usually about double the original charge.
The guys talking about resets are trying to confuse the situation. The option arm loan was very popular through 1Q07 - so take 40 months from that date, plus 3 months for them to go 90 days late and then and only will you see foreclosures start to level off.
To further drive home the point, Paul adds:
The reason why CFC, WM, WB, DSL and FED are all imploding is because the 2003 - 2004 pay option arm loans are all recasting and then going 90 days late. But all you need to know is pay option arm loans have a teaser payment that will last until the loan goes 110%-125% of original value and then the loan RECASTS to a fully amortizing loan. That is how a payment skyrockets - its simple math. Whereas payments can�t realistically double or triple with a simple ARM reset, most are capped every year - again the math is pretty simple.
The resets do indeed peak in the middle of this year and then taper off. It�s also true that the Fed cuts mean that the reset leads to no increase in monthly payments for about 20% of borrowers and for less than $100/month for another 20%, based on an article I read in the WSJ a few days ago. But:
1) That means for 60% of homeowners, the reset will more more than $100/month � for some, a lot more.
2) Mortgages with teaser rates written from Q1 05 - Q2 07 are defaulting at catastrophically high rates before the reset � a whole lotta people can�t even pay the teaser rates!
3) Bulls are missing the lag effects. It takes an average of 15 months from the date of the first missed payment to sale of the house, so the fact that resets are tapering off by the end of this year means the wave of foreclosures and home auctions the resets trigger won�t hit until mid to late 2009 into 2010.
more...
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krishnam70
08-14 11:32 AM
Hi UN,
Sorry to post here. I have posted in some other thread but no response.
I just got my FP notice for Aug 23rd for myself,spouse and 8yrs old son.My wife and son is in India, we cancelled our trip back in May for my 485.We waited till we got our receipts,they went to India for some important work.At this point they cann't make it by Aug 23rd. They both have valid H4 I797 with them.
Can you please advice, what is the best procedure to follow here.
1. Can I take my FP and request to postpone of my wife & son ?
2. Postpone for all three members, and request for a later date ?
3. Can we go after Sep3rd with the old receipts dated for Aug 23rd 2007?
Thanks In Advance,
kSR
There is another thread in this section that somebody posted that has the answers. You can take the Fp and request re-scheduling for your family giving the travel iternary copy and date(s) when they would be available
Sorry to post here. I have posted in some other thread but no response.
I just got my FP notice for Aug 23rd for myself,spouse and 8yrs old son.My wife and son is in India, we cancelled our trip back in May for my 485.We waited till we got our receipts,they went to India for some important work.At this point they cann't make it by Aug 23rd. They both have valid H4 I797 with them.
Can you please advice, what is the best procedure to follow here.
1. Can I take my FP and request to postpone of my wife & son ?
2. Postpone for all three members, and request for a later date ?
3. Can we go after Sep3rd with the old receipts dated for Aug 23rd 2007?
Thanks In Advance,
kSR
There is another thread in this section that somebody posted that has the answers. You can take the Fp and request re-scheduling for your family giving the travel iternary copy and date(s) when they would be available
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pete
04-09 08:43 AM
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Dipika
08-05 09:04 AM
Friends,
I need to find out how many people are interested in pursuing this option, .....
Why ppl jump from EB3 to EB2? because EB3 backlog is huge and they are waiting since 4/5 yrs to get GC.
if these 4/5 yrs experience added, then they are eligible for EB2.
To stop jump from Eb3 to EB2 best way is to make EB2 current, so EB3 start getting GC and they stop comming to EB2.
So Lets put efforts to clear backlog, which IV is doing rather differenciating our friends based on different categories.
we should do progress togather. Remember we are I + We (IV).
I need to find out how many people are interested in pursuing this option, .....
Why ppl jump from EB3 to EB2? because EB3 backlog is huge and they are waiting since 4/5 yrs to get GC.
if these 4/5 yrs experience added, then they are eligible for EB2.
To stop jump from Eb3 to EB2 best way is to make EB2 current, so EB3 start getting GC and they stop comming to EB2.
So Lets put efforts to clear backlog, which IV is doing rather differenciating our friends based on different categories.
we should do progress togather. Remember we are I + We (IV).
Macaca
05-30 05:44 PM
What Will It Take for Companies to Unlock Their Cash Hoards? (http://online.wsj.com/article/SB10001424052702303654804576349282770703112.html) By JASON ZWEIG | Wall Street Journal
There is a cash crisis in corporate America�although it comes not from a shortage of the stuff, but from a surplus.
In the first quarter, the five companies with the greatest cash hoards�Microsoft, Cisco Systems, Google, Apple and Johnson & Johnson�added $15 billion in cash and marketable securities to their balance sheets. Microsoft alone packed away roughly $9 billion, or $100 million a day. All told, the companies in the Standard & Poor's 500-stock index are sitting on more than $960 billion in cash, a record.
To be sure, at many companies the cash piling up is at global operations that generate "undistributed foreign earnings" that can't be brought home, under U.S. law, without incurring taxes of up to 35%. But hundreds of billions in cash remain available�and idle.
Meanwhile, the payout ratio�the proportion of earnings paid out as dividend income to shareholders�fell to 28.9% for the past four quarters. That, says S&P senior index analyst Howard Silverblatt, is the lowest level since 1936. Dividends are going up�Intel, UnitedHealth Group and WellPoint have recently raised them�but cash is still piling up far faster than most industrial giants can possibly find a prudent use for it. Of course, investors themselves might have a better use for the cash, if they could get at it.
As Daniel Peris, co-manager of the Federated Strategic Value Dividend fund, says, "The likelihood of spending money poorly is increased by having a surplus of it."
Microsoft's purchase price for the online telecommunications firm Skype, widely criticized as too rich at $8.5 billion, almost precisely matches the amount of cash that Microsoft raked in last quarter. Was that torrent of cash burning a hole in Microsoft's pocket?
"No way," says Bill Koefoed, general manager of investor relations at Microsoft. "We see this as being a very strategic acquisition."
The heart of the problem, as the great investor Benjamin Graham pointed out decades ago, is that the best interests of corporate management and outside investors are at odds. That is especially true for giant companies whose growth has been slowing. "The more dubious the company's prospects�the more anxious management is to retain all the cash it can in the business," Graham wrote. "But the stockholders would be well advised to take out all the capital that can be safely spared, because these funds are much more valuable to them if in their own pockets, or invested elsewhere."
Amnesia is another culprit. In the past, companies paid out vastly more of their profits as dividends, and they should again. "If there were a greater historical sensibility among investors and managers," Mr. Peris says, today's low payouts "would be called out as an abnormal situation that's likely to lead to that money being less well-spent than it otherwise might be."
Dividends have gotten short shrift in recent years as investors have come to favor companies that instead use cash surpluses to buy back their shares. Meanwhile, with the economic recovery barely out of the sickbed, many companies are reluctant to invest heavily in expansion. Others want to keep cash handy for potential acquisitions. So cash sits idle�even as interest rates, after inflation, are so low that cash often produces negative real returns.
Benjamin Graham made three simple proposals in 1951 that deserve to be revived.
First, investors need to realize that a company's cash is a valuable asset, even when interest rates are low; if management won't put it to good use, investors must speak up. As Graham wrote: "When the results on capital are unsatisfactory, it is appropriate for stockholders to�insist that it be returned to stockholders on an equitable basis."
Second, companies should set formal dividend policies. Rather than paying or raising dividends out of the blue, they should state in advance what proportion of earnings they expect to pay out as cash dividends. If, instead, they plan to use excess cash to buy back shares, they should offer hard evidence that the stock is undervalued.
Finally, Graham advocated that leading companies should pay out two-thirds of their earnings as dividends. That rate isn't as radical as it might sound, even though it would amount to more than a doubling from today's levels. The dividend payout, as a percentage of total profits, has averaged 52.3% since 1936 and 46% over the past two decades, according to Standard & Poor's.
If the companies in the S&P 500 raised their payout ratio to 50%, Mr. Silverblatt estimates, that would put an extra $207 billion into investors' pockets�at a time when shareholders' dividend income is taxed at historically low rates.
"Companies are basically earning more than they've ever made before, but their payouts are nowhere near that high," says Mr. Silverblatt. "They're holding their cash really tight. You can call them Scrooges if you want."
A Generation of Slackers? Not So Much (http://www.nytimes.com/2011/05/29/weekinreview/29graduates.html) By CATHERINE RAMPELL | The New York Times
Made in America: Manufacturing Jobs Are Coming Home (http://www.thefiscaltimes.com/Columns/2011/05/26/Made-in-America-Manufacturing-Jobs-Are-Coming-Home.aspx) By Patrick Smith | Fiscal Times
There is a cash crisis in corporate America�although it comes not from a shortage of the stuff, but from a surplus.
In the first quarter, the five companies with the greatest cash hoards�Microsoft, Cisco Systems, Google, Apple and Johnson & Johnson�added $15 billion in cash and marketable securities to their balance sheets. Microsoft alone packed away roughly $9 billion, or $100 million a day. All told, the companies in the Standard & Poor's 500-stock index are sitting on more than $960 billion in cash, a record.
To be sure, at many companies the cash piling up is at global operations that generate "undistributed foreign earnings" that can't be brought home, under U.S. law, without incurring taxes of up to 35%. But hundreds of billions in cash remain available�and idle.
Meanwhile, the payout ratio�the proportion of earnings paid out as dividend income to shareholders�fell to 28.9% for the past four quarters. That, says S&P senior index analyst Howard Silverblatt, is the lowest level since 1936. Dividends are going up�Intel, UnitedHealth Group and WellPoint have recently raised them�but cash is still piling up far faster than most industrial giants can possibly find a prudent use for it. Of course, investors themselves might have a better use for the cash, if they could get at it.
As Daniel Peris, co-manager of the Federated Strategic Value Dividend fund, says, "The likelihood of spending money poorly is increased by having a surplus of it."
Microsoft's purchase price for the online telecommunications firm Skype, widely criticized as too rich at $8.5 billion, almost precisely matches the amount of cash that Microsoft raked in last quarter. Was that torrent of cash burning a hole in Microsoft's pocket?
"No way," says Bill Koefoed, general manager of investor relations at Microsoft. "We see this as being a very strategic acquisition."
The heart of the problem, as the great investor Benjamin Graham pointed out decades ago, is that the best interests of corporate management and outside investors are at odds. That is especially true for giant companies whose growth has been slowing. "The more dubious the company's prospects�the more anxious management is to retain all the cash it can in the business," Graham wrote. "But the stockholders would be well advised to take out all the capital that can be safely spared, because these funds are much more valuable to them if in their own pockets, or invested elsewhere."
Amnesia is another culprit. In the past, companies paid out vastly more of their profits as dividends, and they should again. "If there were a greater historical sensibility among investors and managers," Mr. Peris says, today's low payouts "would be called out as an abnormal situation that's likely to lead to that money being less well-spent than it otherwise might be."
Dividends have gotten short shrift in recent years as investors have come to favor companies that instead use cash surpluses to buy back their shares. Meanwhile, with the economic recovery barely out of the sickbed, many companies are reluctant to invest heavily in expansion. Others want to keep cash handy for potential acquisitions. So cash sits idle�even as interest rates, after inflation, are so low that cash often produces negative real returns.
Benjamin Graham made three simple proposals in 1951 that deserve to be revived.
First, investors need to realize that a company's cash is a valuable asset, even when interest rates are low; if management won't put it to good use, investors must speak up. As Graham wrote: "When the results on capital are unsatisfactory, it is appropriate for stockholders to�insist that it be returned to stockholders on an equitable basis."
Second, companies should set formal dividend policies. Rather than paying or raising dividends out of the blue, they should state in advance what proportion of earnings they expect to pay out as cash dividends. If, instead, they plan to use excess cash to buy back shares, they should offer hard evidence that the stock is undervalued.
Finally, Graham advocated that leading companies should pay out two-thirds of their earnings as dividends. That rate isn't as radical as it might sound, even though it would amount to more than a doubling from today's levels. The dividend payout, as a percentage of total profits, has averaged 52.3% since 1936 and 46% over the past two decades, according to Standard & Poor's.
If the companies in the S&P 500 raised their payout ratio to 50%, Mr. Silverblatt estimates, that would put an extra $207 billion into investors' pockets�at a time when shareholders' dividend income is taxed at historically low rates.
"Companies are basically earning more than they've ever made before, but their payouts are nowhere near that high," says Mr. Silverblatt. "They're holding their cash really tight. You can call them Scrooges if you want."
A Generation of Slackers? Not So Much (http://www.nytimes.com/2011/05/29/weekinreview/29graduates.html) By CATHERINE RAMPELL | The New York Times
Made in America: Manufacturing Jobs Are Coming Home (http://www.thefiscaltimes.com/Columns/2011/05/26/Made-in-America-Manufacturing-Jobs-Are-Coming-Home.aspx) By Patrick Smith | Fiscal Times
SunnySurya
08-05 09:17 AM
If you find enough people and have solid plan in place, I am willing to pay anywhere between $500 to $1000 towards the lawyer's fees....
Friends,
I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.
I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.
More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.
I also want to make this issue an action item for all EB2 folks volunteering for IV activities.
Thanks.
Friends,
I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.
I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.
More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.
I also want to make this issue an action item for all EB2 folks volunteering for IV activities.
Thanks.
