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Monday, July 4, 2011

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  • chanduv23
    03-24 10:55 AM
    A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.

    There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.

    Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.

    Right now;

    VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?

    They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.

    It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.

    They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).

    USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.

    People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.

    UN - I don't think people who indulge in fraud or use wrong route, go to Senators or Congressmen - rather they want to stay unnoticed. Most people who lobby - lobby for a better system.

    No one is taking on or poking at USCIS.

    On another note - what is permanent job? There is absolutely no such thing called future job - ie job that will come into place after 5 or 10 years. A permanent job is a job which is permanent at the time of employment.

    When we talk about good faith employment - it is the relationship that exists during the terms of employment.

    While your analysis makes sense - we really never know what is happening behind the scenes.





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  • gimme_GC2006
    03-25 06:28 PM
    Sometimes you listen to your heart and take a decision
    Sometimes you listen to your brain and take a decision.

    I believe this situation should warrant you to listen to your brain and hire a good attorney.
    Dont go by your hunch (or heart). Again a friendly advice because there is just too much at stake.

    Good luck no matter what you decide.

    The more and more I visit this thread, I am feeling I should have went with Attorney.

    So I will stay away until I further hear from AO :confused:

    Thanks to all of you who wished me





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  • Macaca
    05-20 06:13 PM
    The United States v Canada (http://www.economist.com/blogs/democracyinamerica/2011/05/immigration) The Economist

    AS A matter of national policy, Canada actively solicits immigrants and has done so for years. The public supports this and the default political assumption is in support of continued immigration. According to a recent poll, only a third of Canadians believe immigration is more of a problem than an opportunity, far fewer than any other country included in the survey. Rather, Canadians are concerned about "brain waste" and ensuring that foreign credentials are appropriately recognised and rewarded in the job market? Being an immigrant is also no barrier to being a proper Canadian; in parliamentary elections earlier this month, 11% of the people elected were not native. This warm embrace isn't just a liberal abstraction; 20% of Canadians are foreign-born.

    It's well-known that Canada is an outlier among immigrant nations, but it is nonetheless interesting to consider in reference to the ongoing and heated debate about immigration in the United States. Why is Canadian public opinion so different from views in United States?

    At a conference yesterday, Jeffrey Reitz, a sociologist at the University of Toronto, cited two big explanations for the difference. The first was that Canadians are convinced of the positive economic benefits of immigration�to the extent that towns under economic duress are especially keen to promote immigration, because they believe immigrants will create jobs. Even unemployed Canadians will stoutly insist that immigrants do not take work away from the native born. This makes sense, as most immigrants to Canada are authorised under a "points" system tied to their credentials and employment potential. About half of Canadian immigrants have bachelor's degrees. They may have a higher unemployment rate than native-born workers, Mr Reitz said, and they benefit from programmes and services created specially for immigrants, such as language training. But the preponderance of evidence suggests that Canada's immigrants, being high-skilled, are net contributors.

    Mr Reitz's second explanation was that Canadians see multiculturalism as an important component of national identity. In one public opinion poll, Mr Reitz said, multiculturalism was deemed less important than national health care but more important than the flag, the Mounties, and hockey. Irene Bloemraad, a sociologist at the University of California at Berkeley, picked up this theme. There wasn't such a thing as a purely Canadian passport, she said, until 1947. Canada was, psychosocially, very much a part of the British commonwealth until quite recently. When it came time to create a distinctively Canadian identity, the country included a large and vocal Francophone minority (as well as a considerable number of first peoples). The necessity of bilingualism contributed to a broader public commitment to multiculturalism, which persists today.

    Other factors allow Canada to be more inviting. The country has little reason to worry about illegal immigration. Like the United States, it shares a long southern border with a country suffering from high levels of crime, unemployment and income inequality. But there aren't millions of Americans yearning to get into Canada. To put it another way, the United States's buffer zone from the eager masses is a shallow river. Canada's is the United States. That reduces unauthorised migration to Canada and eases public anxiety about it. Canada also has a smaller population and lower birth rate than the United States�it needs immigrants for population growth.

    Incidentally, the emphasis on multiculturalism points to an interesting normative distinction between the United States and Canada. The United States supports pluralism and in some respect this leads to similar structures in the two countries. (Ms Bloemraad mentioned that both the United States and Canada have unusually robust legal protections against discrimination, for example.) But in the United States, you rarely hear somebody advocate for immigration on the grounds that it adds to the social fabric of the country. When the normative argument arises here, it has a humanitarian dimension. I would posit that in the United States, identity is a right, not a value.

    Still, looking at Canada, we can extrapolate a few things for the United States. The first is that, as we've previously discussed here, the United States really should be more open to high-skilled immigrants. They're good for the economy, and an uptick in demonstrably uncontroversial immigrants might mitigate anxiety about the group as a whole. Another is that while there may be benefits to the tacit acceptance of undocumented immigration�the United States acquires an immigrant labour force without making any accommodations for the population�there are also foregone opportunities. One of these, compared to the Canadian approach, is in the United States's ability to foster integration through language training or other settlement programmes.


    Losing (but Loving) the Green Card Lottery (http://www.nytimes.com/2011/05/20/opinion/20mounk.html) By YASCHA MOUNK | New York Times
    We Need Sane Immigration Reform (http://online.wsj.com/article/SB10001424052748703509104576330110520111554.html) Letters | Wall Street Journal
    U.S. to investigate Secure Communities deportation program (http://www.latimes.com/news/nationworld/nation/la-na-secure-communities-20110519,0,3087175.story) By Lee Romney | Los Angeles Times





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  • unitednations
    03-26 05:51 PM
    Does this mean that H1B is also location specific?

    There has been no definitive guidance. H-1b is specific to company, candidate with job duties. If there is a "material change" then it should be amended.

    Material change has not been defined in all encompassing ways. it is a gray area whether one needs to amend h-1b for another location. In that particular case; aao seemed to imply that another work location was a material change. There was no follow up after they made the decision. One of the posters who participated on that thread said that he knew that particular person and after that decsion his lawyer showed LCA's and the case was approved.

    However; it still wasn't conclusive of whether that was good enough. Reason being was that the candidates labor was filed in 2000 and he had 245i protection and that in itself would have protected him from his out of status issues; ultimately on that specific case of working on different locations would not have had an impact because he was protected in other ways.



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  • ss1026
    12-20 04:23 PM
    Every one I know (muslim or non muslim) is appaled by the Mumbai incident. A sensible person has to be. I do not know the sentiment in pakistan though I am sure there is a propaganda machine at work there. I have many pakistan collegues here and they were outraged. If this was an act, they are good it. This is similar to saying that most hindus were not appaled by what happened in gujarat/orissa.

    Silly as it sounds, there is no justification to kill innocent people. I read the mumbai attacked forum and was horrified what was said on both sides. Unfortunately, truth is usually the first casaulty in such incidents followed by been responsible and polite. I am sure words were exchanged from all sides.

    My hope or naivety is straigth forward. Lets stop the cycle of hatred and get the guilty to justice (tough justice if that is what is needed). India is destined for greatness and I believe it is time for a Justice system that functions without prejuidice or fear.





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  • bfadlia
    01-08 09:56 AM
    Dear Admin,
    I didn't understand what you have said about me. I never used in my life any vulgar language. What I did is copy and paste a PM send by the guy started the tread to enlist support for the terrorist. Eventhough I have received my GC, I did visit the IV site every day and share my experience, expertise. I never used this site for any personal or religious agenda. You can check my previous post rather than this tread.
    But what made me furious is, the guy started the tread, already got GC, and his only aim is to make hatred and make support for terrorists. He is from India and he didn't like people in this forum discuss about the Bombay attack. So to challege that he started the tread. (READ HIS EXPLANATION ABOUT IT IN THIS TREAD). That is why many including me become furious. Many in this forum came from India, it is natural that they used to speak about some politics, natural calamity, accident etc. But this guy want to discuss about some thing not related to 99.99% of the people. He want to abuse the Jews. They are abused from all quarters from 2000 years. Now they have a voice.
    I never contribute or visited any religious or any forums before. But after read his view, I did a research and give him reply. But he responded with vulgur language, which I did pasted. It is your responsibility to see to stop putting these kind of posts. If some one post anything religious things, others will respond.
    DON'T ACCUSE ME OF PUTTING PROFANE LANGUAGE.
    I HOPE YOU UNDERSTAND.

    you called all non christian nations "satanic nations that will be wiped out", called 95% of egyptians war children, brain washed bastards and terrorists.. u r right, u don't use vulgar language, only racist hate speech..

    "--------------------------------------------------------------------------------

    Until AD 1100, everybody in Egypt are christians, the arabs conquer there and killed many and convert them. Few are left as christians. Now only 10%. Ask any egyptian christians. They need to pay JAZIA to be live as christians. The language COPTIC now only in church. Coptic sound similar to Latin. Abrabs imposed their language, where ever they conquer. They cut the tongue of people, who spoke native language. See in India, moguls made Urdu and make Arabic script for it.Egyptian christians are only real egyptians. Muslim egyptians are mixed people with Arab warriors. War children.
    Real egyptians are here in USA, you can talk to them, they are nice people no terrorist, brain washed bastards. Go to a coptic chrch and see these people.
    Same happened in Kashmir. Pandits are the real Kashmiris. The Kashmiri muslims are children of the Kashmiri women and arab invaders. Now they kicking real Indian pandits out from kashmir, and they live in own country as refugees.
    In the end all terrorist, satanic nations wiped out at the second coming of Jesus. Those good muslims belive him will be saved. Others will go to hell.".



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  • Legal
    08-08 07:33 PM
    Sajan Chale Sasural : Computer professional coming to US.

    1942 a Love story : Sticking to one company for more than a year.

    Dil to Pagal Hai : Staying in India, dreaming of US.

    Sapnay : Green card.

    Sadma : Rejected H-1(B) Visa.

    Khalnayak : Bodyshoppers.

    Deewana Mastana : Project Manager - Team Leader.

    Beta : Home Phone bill exceeding $400pm.

    Rakhwala : Project Manager.

    Mr. Bechara : Computer professional in Singapore.

    Zanjeer : Company bond.

    Himmatwala : Breaking company bond.

    Tohfa : H-4 Visa for your Wife.

    Mawaali : Before coming to US.

    Raju Ban Gaya Gentleman : Once you are in US.:D

    Chaudhvin ka Chand : Assembly programmer.

    Sahib Bibi aur Ghulam : Client, your company and you.

    Shehanshah : Bill Gates.

    Admi Sadak Ka : Jumping from company to company.

    Dayawan : Company paying full salary in bench

    Anari : Year2000 programmer.

    Phool Aur Kaanten : Microsoft - IBM.

    Aaj Ka Gunda Raaj : Microsoft Monopoly in IT market.

    Maharaja : Doctors who came to US in 70's

    Hairaan : Non-Computer professionals on seeing computer professional's pay-check.
    Hum Aapke Hain Koun : Illegal Immigrants in US
    Aur Pyar Ho Gaya : After staying in US for a Year.
    Pardes : India after 2 Years.
    Daud : Coming to US.
    Rangeela : After getting Green Card.
    Bahaar Aane Tak : Time period between Green Card and Citizenship.
    Desh Premee : Going back to India for good
    Farz : Going to India every year.
    Pyaasa : Longing for a Visa.
    Agneepath : Going to Madras Consulate for getting a Visa.:p
    Jo Jeeta Wohi Sikandar : After coming from consulate with a Visa.
    Bud Naseeb : Not getting a Visa
    Himalaya Putra : Firmly asking for $70k from India
    Elan-E-Jung : Asking for increment
    Gupt : Agreement of Programmer with number of consultants
    . Zakmee : After getting rejected twice for a Visa.
    Swarg Se Sundar : on landing in US.
    Ab Kya Hoga? : Applied for Green Card too late.
    Jallad : INS People.
    Kranti : Increase H-1 quota.
    Main Khiladi Tu Anari : You and Immigration Officer.





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  • sledge_hammer
    06-05 12:52 PM
    First off, a house is really both an investment and a home. I would disagree with anyone that says it is one and not the other.

    When you look at a house as an investment, one has to realize that there is a certain risk involved. So unless you are ready to lose some money if you made a bad decision, you should not invest. The most important thing to remember is that "investing" is never a bad decision. But investing w/o analyzing the risk involved is definitely bad. At the cost of sounding like any financial advisor, diversification is the key. Don't put all your eggs in one basket.

    1. You do not want to buy a house because the real estate market may collapse.
    2. You do not want to invest in stocks because the stock market could go down.
    3. You do not want to buy gold because their track record for long term returns is a joke.
    4. You do not want to park your money in a savings account because the interest doesn't even beat inflation.

    Then what is an average investor to do?

    The answer is "diversify" to minimize risk. Each of the above is a solid investment if you know how to play it. We need to invest in house, gold, stocks, bonds, savings account, etc, and be prepared to take a the risk of losing some money in any one.

    ..And those who bought in the bubble lost money much faster than they would have "Lost" the money renting! Some of them even lost the whole House along with their Credit score!

    LOL.
    :D:D:D:D:D:D



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  • nojoke
    01-03 03:36 AM
    Screw Dawood Ibrahim. He is the past.

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

    Tomorrow the Bombay attack is old too. You are delusional and good making up reasons.:D:D:D:D:D
    How about an apology for what your country men did as a first step? Then we will consider your advice about what we should do. You are so good at giving advice to people who suffered at your country men's(like don't start war etc) hands and yet you don't own any responsibility.





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  • number30
    03-26 04:48 PM
    Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).

    Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.

    That person after a while decides to go back to employer X (485 is still pending) under AC21.

    Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.

    Thanks in advance for sharing your opinion on this.

    We had similar case. It was in 2002. Company was ready to issue another future offer letter. Local USCIS office at Buffalo NY did not agree to continue process. They said job offer is gone the I-485 is gone and has valid reason the denial. They asked my friend to refile I-140 and I-485.



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  • rsdang
    08-22 11:59 AM
    new lecturer (also a Bihari professor) was unable to control the class. The guys were just talking without giving any attention to him. So he wanted to send a guy who was creating most of the problem out. But he doesn't know how to put it in English. He went near the guy. Shouted, "follow me" .The guy followed him till he went out of the class. Now the lecturer turned back and again shouted, "Don't follow me" and went inside the class..........





    # Giving a punishment:

    *You, rotate the ground four times...

    * You, go and under-stand the tree...

    * You three of you, stand together separately.

    * Why are you late - say YES or NO....(?)



    # Sir at his best:



    Sir had once gone to a film with his wife. By chance, he happened to see one of our boys at the theatre, though the boy did not see them. So the next day at school... (To that boy) - " Yesterday I saw you WITH MY WIFE at the Cinema Theatre"





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  • NKR
    04-08 03:07 PM
    Ha Ha ..I guess I have put some salt (unintentionally) on somebody's wounds. NKR ..when did you buy your house and where ?
    btw yes ..there have been cases reported where a worker working in Target wrote that her income was 80K ..and managed to get a loan for 400K. (needless to say that house is in foreclosure ..if people had read such stories before rushing to buy during the peak ,..)
    and no ..my intention is not to keep this thread alive but it was to make people like you fight more for admin fixes. my goal was to link GC to investing more in US. people say lets meet senators ..o.k..meet them and tell what ?? ..there is no word from Core on this ..and hence lets do brainstorming and come up with ideas.


    Why do you assume that everyone who wants to buy a home are earning 80k and is dumb enough to buy a 400k home?. Why do you assume that a person who wants to buy a house has not saved enough to put a significant chunk as down-payment?. Why do you assume that a person who wants to buy a house is single and has no double income?. Why do you assume that a person who wants to buy a house is buying in CA only?. Why do you assume that a person who wants to buy a house has not found a house in a very good location and for a very good price?. Why do you assume that people like me listen to people like you and fight more for admix fixes?. Why do you want to live in a shoe box like place all your life?.



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  • Marphad
    12-17 02:37 PM
    Marphad,

    But none of their postings (jaspreetsinghgandhi & tabletpc) had your kind of religious-politics in it!

    I remember your religious quotes in "485 Approved" thread.

    Guys, Mumbai attack wounds are still unhealed and morons like Antulay is trying to divert the attention is what I am talking about.





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  • brad_sk2
    01-06 02:39 PM
    Gaza is a small town where more than 1.5 million people live there. Hamas is part and parcel of Gaza because they are elected by palestinian people and wherever they go, its full of people. Its a small land with crowded people. Gaza is like a crowded market.

    Again you are trying to justify the killing of innocent school kids and civilian. This is a big LIE constantly told by media to cover up the massacre. This is part of their divide and rule strategy.

    Do you think Indian police will bomb the crowded street in order to kill a theif, then blame the theif that he is hiding behind civilian?

    If the thief is hurling bombs and rockets towards police and other innocent people, then yes. Else more innocents will be killed by barbaric thief.



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  • vrbest
    03-23 08:10 AM
    I agree with all the posters here. I also went ahead and bought the house while on H1B. Me and my family are really happy with our decision.

    I got 100% loan (80-20) with no PMI. both 30yrs fixed. You can try with Mortgage agents who would do better deal initially and may transfer loan to big companies later. I got it at 5.7% first and 7% second last year.
    Best of luck on your new Home(Lifestyle)!





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  • psvk
    08-05 12:25 PM
    This thread is causing unhealthy division between EB2 and EB3. This thread should be closed and people should concentrate on the call campaign instead on fighting each other.

    Prefer to refrain from adding fuel to Sunny's reply as this thread is causing more rift than good.
    Agree this thread should be closed and deleted.

    Moderator: Is there any way people(ID's) don't contribute, don't get to open new threads if not posting comments( and dots too).



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  • mbawa2574
    01-10 06:18 AM
    so.. by your logic, Al qaeda has declared war on the United states (they did, OBL issued that declaration some time in the late 90s) civilians die in each war, so alqaeda had every right to kill civilians in 9/11?
    Of course not! Intentional targeting of civilians is inexcusable and constitutes a war crime and we should never cease to protest it regardless if it is done by a primitive terrorist or from the comfort of an F-16.

    I am not sure why Islamic Fanatics become victims when they are attacked. Israel is 101% right in defending their territory from Palestine terror attacks. My home country is gonig through the same problem but my government won't do anything.

    Similar example of Pakistan becoming a victim of terror when actually it is a factory of terror and 100% of it s population supports terror in one form or another.

    Don't fire rockets if u fear trouble. Civilized world ( US,UK.Israel,India) need to come together and get a gameplan to weed out this trouble.

    When those terrorists kill innocents, Islamic fanatics go silent. They only wake up when their terrorist brothers are killed.

    So collateral is always in play.


    :D





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  • chanduv23
    04-08 07:18 PM
    Look what really does not make sense about the "Consulting company" portion is that management consulting companies like BCG, Mckenzie or the Big 4 consulting firms have a business model where they "outsource" employees for projects to other companies. So, as it stands, these companies will not be able to hire anyone from top business schools. And we are not talking about desi consulting companies here (no pun intended).

    Again, this bill embodies the basic principle that displaces US workers do not want to understand:
    "What is good for the economy may not be good for an individual".

    And I say that because I have been myself displaces 2 times in my life, and every time, I have fallen (or stumbled), I have walked an extra mile to get a better life.

    I just feel sorry for people like me and many others who came to this country with a different mindset and now find themselves in the midst of the worst anti-immigrant clime that has existed in a long time.

    That said, I feel obligated to remind everyone - "Do yourself a favor and do everything within your means to make a meaningful change, self-help is the best help you will get"

    - Raj

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

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

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





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  • cinqsit
    03-24 07:03 PM
    When I first started to get to know consulatants and staffing companies; I thought that this whole bribe system; creating positions at end clients; how consultants got selected, etc., was a big racket.

    However; when I did introspection of how things worked in my industry; I pretty much concluded that it was done in same way but at much, much higher levels.

    USCIS is just keeping it pretty simple these days; show us that there is a job with an end client that requires a degree. They pretty much know that it is impossible. Even if you can get one; they pick on it pretty good and still deny it.

    The system was actually designed for staffing companies when you think about it. When h-1b was first created; no one would have used it if it wasn't for staffing companies. Typical US companies wouldn't have the network to get foreign employees unless they were already here. To get them from a foreign country then the only companies who can really do so are the staffing companies.

    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.

    I always thought that there are people from around the world who want to come here but can't because they are not part of the "system". You can see this in the greencard lottery. Almost 9 million people apploy to get here through this. If they had their own country people looking to get them here then there would be a more equal distribution of visas.

    I think people need to step back and think that this is one of the reasons why they have country quotas. No matter what people think that they re being hired for their skills and that employers don't care about their nationality; people need to understand that a "system" has been designed that is benefitting a few nationalities. Once you can get here then you can find your way. However, if you can't get here then you can't find your way.

    Its rather ironic that system created for staffing companies was misused so rampantly that they are the ones bearing the brunt of this onslaught.

    So according to your experience are they are always denying applications even when the employee is able to furnish a contract with the end client ? This is indeed surprising and alarming. I am just worried this can spill in to everything that USCIS adjudicates.
    on the other hand how do you put an end to this misuse ?

    Should'nt they establish a set of guidelines for the employers and employees? So both are aware what they are up against. Looks like its pretty arbritary right now and USCIS indeed playing the "hand of god"





    purgan
    01-28 10:44 AM
    what has time to put 30-40 comments. Let the junkies who like him waste their money reading his crap...





    nojoke
    04-14 04:33 PM
    Comparing buying playstation3 and chocolates with buying a house is nojoke. The argument of buying playstation3 and chocolates is no argument.

    You ddin't get my point. 7 year old kid gives more importance to these than a house. I am not saying playstation3 is equal to housing.:(

    If you had said your child needs personal space, then it would be different. In this case you are talking about older kids. Most of us have kids younger than 5 years old.



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