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  • zxcvb
    07-17 10:37 PM
    Hi UN,

    What if the employee gets paid less than what is mentioned on the LCA on H1. Is that considered Out of Status?

    Thanks in advance





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  • CreatedToday
    01-06 05:55 PM
    Checkpoints? What do you expect Israel to do?

    Given a chance, they strap a bomb in their waist and rush to Israel!!

    India has legitimate reason to attack pakistan ...

    But Palestine is not like that. They are fighting for their right. Have you ever seen or heard about how people in palestin live their day to day life? How many check points they have to cross before crossing a mile? How much time they spend waiting on each crossing?

    ...
    We have seen Isreals brutal aggression year after year. Killing civilians and kids year after year. I don't know how much more blood they need??





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  • sanju
    12-28 01:10 AM
    I hope so.

    I agree with most of what you said. I just think that the expectation to shed the inertia built over two to three decades is a bit too much. It is going to take time, regardless of what anyone wants. Ironically, hostile relationships between India and Pakistan are only going to prolong the process.

    I disagree, this is not the hostile relationship between two countries, we see this as one country and the international community applying pressure on Pakistan. Without this pressure, there is no way Pakistan will gather the "motivation" to dismantle the terror network. The terror network will get dismantled only if there are two choices, either Pakistan dismantles the terror network or we will dismantle it for Pakistan. Without a direct approach, nothing will change.

    On a different note, there is only one outcome of over analysis by computer analyst or business application analyst, and that outcome is -war is too "expensive". What about the lives of those 200 people who were killed? Please don't expense those 200 lives and other 100,000 lives in last 10 years by your "over analytical" computer analyst Mircosoft projects approach calculating the "cost of the war". What if it is your father who is targated by the terrorist next, I want to know who all will still run the profit and loss statement if your father is killed by the next strike by the terrorist. Will you only agree to a war when your own family member is killed? Don't you think its time to put the bleeding innocent people ahead of this "over analysis".

    We are peace loving people. But should we not respond to the war we did not start. We are not the aggressor, we are the victim here for christ sake.

    Wars are decided by brave men, wars are faught by warriors, and wars are won by patriots. Over analysis at the time of war is a sign of weakness - message of Gita. I hope we agree that War is not like a lala shop to prepare a profit & loss statement before making a decision. We did not start this war, it is being forced on us. The question is - should we respond to the war that is forced on us, the war we did not start, but the war which we have the strength to end.


    .





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  • SunnySurya
    12-18 10:22 AM
    Nobody went to Mohammed Atta's house to destoy his building. They were the ones who crashed into the world tower.
    Nobody came to Kasab's house and killed his brothers and sisters, yet he went on to become a terrorist. It is very easy to stop rational thought and breed hatred. It is loose thinking like yours that perpetuates terrorism. There are injustices all over the world, yet not everyone goes on a spree killing inncoent people.



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  • Macaca
    05-27 06:06 PM
    In December, KPMG was retained by China Integrated Energy, which claimed to be a leader in the production of biodiesel. Just hiring a Big Four auditor enabled it to raise $24 million from institutional investors in the United States. Three months later, KPMG certified the financials.

    Six weeks after that, KPMG repudiated the report and resigned. By then, China Integrated Energy executives had refused to cooperate with a board investigation into claims that the company was a complete fraud.

    The Chinese audit firms, while they are affiliated with major international audit networks, have never been inspected by the Public Company Accounting Oversight Board in the United States. The Sarbanes-Oxley Act requires those inspections for accounting firms that audit companies whose securities trade in the United States, but China has refused to allow inspections.

    In a speech at a Baruch College conference earlier this month, James R. Doty, chairman of the accounting oversight board, called on the major firms to �improve preventative global quality controls,� but said that actual inspections were needed.

    Two weeks ago, Chinese and American officials meeting in Washington said they would try to reach agreement �on the oversight of accounting firms providing audit services for public companies in the two countries, so as to enhance mutual trust.�

    Frauds and audit failures can, and do, happen in many countries, including in the United States. But the audacity of these frauds, as well as the efforts to intimidate auditors, stand out. If investors such as Goldman Sachs and Hank Greenberg cannot fend for themselves, something more needs to be done if Chinese companies are to continue to trade in American markets.


    Corporate China's political shadows (http://www.guardian.co.uk/commentisfree/2011/may/22/corporate-china-political-shadows) By Isabel Hilton | Guardian
    The Truth about the Three Gorges Dam (http://blogs.cfr.org/asia/2011/05/24/the-truth-about-the-three-gorges-dam/) By Elizabeth C. Economy | Council on Foreign Relations
    AIDS Funds Frozen for China in Grant Dispute (http://www.nytimes.com/2011/05/21/world/asia/21china.html) By SHARON LaFRANIERE | New York Times
    Kicking the Great Firewall (http://the-diplomat.com/china-power/2011/05/25/kicking-the-great-firewall/) By Mu Chunshan | The Diplomat

    China opens doors to despots with series of pariah state visits (http://www.independent.co.uk/news/world/asia/china-opens-doors-to-despots-with-series-of-pariah-state-visits-2289723.html) By Clifford Coonan | Independent
    Ai Weiwei's Zodiac heads
    It's political (http://www.economist.com/blogs/prospero/2011/05/ai_weiweis_zodiac_heads)
    The Economist
    China�s jasmine crackdown and the legal system (http://www.eastasiaforum.org/2011/05/26/china-s-jasmine-crackdown-and-the-legal-system/) By Donald C. Clarke | George Washington University Law School





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  • supreet
    06-07 04:52 PM
    I think it really is a matter of personal choice. A house is much more than a mere investment. For people like us it adds another layer of complications
    due to our status (or rather...lack of status).

    We are in Bay Area (San Jose Metro area) and were paying around $2000 in rent. We just bought a condo where our payments (mortgage + Taxes + HoA) are going
    to be around 2300. Hopefully we will be getting back around 400-500 in taxes and this makes it a good deal. However only 15 days after moving into our
    new house, I was laid off and now our biggest concern is if I am not able to get a job in next few weeks and if we have to go back we will be almost
    80k down the hole.



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  • Beemar
    12-30 09:35 PM
    It is preposterous to compare Mumbai attacks with a speculative India involvement in Baluchistan.

    The principal actors, i.e. the actual fighters on the ground in Baluchitan are all Baluchis. Were Qasaab and his other 9 companions Kashmiris? What locus standi these west punjabi fighters have to attack Mumbai?

    Baluch conflict is limited primarily to armed skirmishes between Pakitani army and BLA (and may be some other Baluch nationalist groups). In military terms it can legitimately be called fair fight because both parties are armed. But can shooting unarmed civilians in the back who are sipping coffee or eating dinner or just waiting for a train be called a fair fight? Can the rules of engagement of any country, or the morals of any religion permit that? Isn�t this a text book example of pure unadultrated terrorism.



    I think I agree with quite a lot of what you say. But I think there is some truth in Pakistani fears that India is already supporting anti-state actors in Pakistan, like in Balochistan.



    I don't think we all want that.
    I don't think even all Indians want that.
    I don't think its in the interest of India, or anyone else for that matter, to have a huge Afghanistan on its Eastern border.





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  • sledge_hammer
    12-17 04:14 PM
    I too will post something funny :)

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  • Macaca
    05-27 05:39 PM
    As Indian companies grow in the U.S., outsourcing comes home (http://www.washingtonpost.com/business/as-indian-companies-grow-in-the-us-outsourcing-comes-home/2011/05/17/AFZbrp7G_story.html) By Paul Glade | The Washington Post

    Ray Capuana paces the rows of cubicles in a haggard high-rise a stone�s throw from Wall Street as his people hustle the phones and hope for a bonus check.

    His employees are not bond traders, though. They are call center workers. Many are African Americans without college degrees. Some lack high school diplomas. They work for a Mumbai-based company called Aegis Communications.

    India�s outsourcing giants � faced with rising wages at home � have looked for growth opportunities in the United States. But with Washington crimping visas for visiting Indian workers, some companies such as Aegis are slowly hiring workers in North America, where their largest corporate customers are based. In this evolution, outsourcing has come home.

    Capuana, a manager for Aegis in New York, motivates this U.S. office with dress-down days and the prospect that workers could, one day, earn a stint training call center workers in Goa, India. One of his tasks is to staff 176 cubicles, where workers make or take calls for customers of prescription drug plans or Medicare contracts and enter and verify information. The pay runs $12 to $14 an hour, with bonus checks of up to $730 a month.

    �Our recruitment model is simple,� says Capuana, who played Division III college football, wears rosary beads on his wrist and has a picture of Jesus above his desk. �I don�t care if you come from Park Avenue or the park bench. If you can do the job, we want you.�

    Aegis, a subsidiary of India�s Essar Group, an energy, telecom and metals conglomerate, says it�s pioneering the next generation of outsourcing: putting the work close to its global customers. Its executives call the practice �near-sourcing,� �diverse shoring� and, sometimes, �cross-shoring.�

    Madhu Vuppuluri, chief executive and dealmaker for the Americas division of Essar Group, remembers watching outsourcing grow in India in the late 1990s and early 2000s and thinking that the decline of U.S. call centers was overdone. He persuaded the billionaire Ruia brothers, Essar�s Indian owners, to let him make a counterintuitive bet: In 2000, he bid on the bankrupt assets of Telequestion, a 500-person call center in Arlington, Tex., for $2.5 million.

    That led to other acquisitions in the United States and abroad. Today, Aegis employs 50,000 of Essar�s 70,000 employees on several continents. About 5,000 people work at nine U.S. call centers. Aegis, which is on the hunt for more acquisitions, has said it aims to triple its U.S. head count, to more than 15,000.

    The strategy is based on the old-fashioned idea of being close to your customers. It�s one embraced by companies such as credit card giant American Express, insurer Humana and government agencies, which sometimes prefer on-shore call centers to handle customer service for sensitive life insurance, financial or health-care products.

    �The customer is the king,� Vuppuluri said. �Wherever the customer wants the services to be, we can provide.�

    Visitors on visas

    At its U.S. sites, Aegis says, 90 percent or more of its workers are American. In that way, Aegis is an exception to the rule. Until now, India-based outsourcing companies have largely brought Indian workers into the United States using H-1B visas and L-1 visas and have been the heaviest users of those programs.

    In India�s $60 billion software-exporting industry (which employs roughly 4 million people worldwide), Aegis is competing with companies such as Wipro, Tata Consultancy Services, Genpact, WNS and Infosys. Most are expanding their outsourcing work � from call centers to high-tech consulting and financial services � to the United States. In many cases, it�s a key part of the companies� growth strategy. But political and economic forces in this country and India complicate things.

    Some say the visa practice has hurt U.S. jobs and wages. These new visa categories were created by the Immigration Act of 1990, allowing foreigners to work in the country for up to six years. The aim was to lure high-tech talent. Tech America, an industry trade group, says that the visas are crucial to American innovation, future competitiveness and job creation.

    But they have been abused, too. In a study released in 2008, the government found fraud and technical violations on 20.7 percent of H-1B applications. Violations ranged �from document fraud to deliberate misstatements regarding job locations, wages paid and duties performed,� said Donald Neufeld, of the Department of Homeland Security, at a March hearing.

    Immigration officials and the State Department have worked to crack down on the fraud.

    �There will be, in any situation, an effort to go around the law,� said David T. Donahue, deputy assistant Secretary of State for Visa Services. �Our job is to catch the companies doing that.�

    :DSome lawmakers are looking to curb the practice and to encourage the India-based outsourcing firms to follow Aegis�s model of hiring Americans at U.S. sites.:D Issuance of regular H-1B visas � 10,200 so far this year � is down 43 percent percent from 2010, according to federal data. Last year, the Obama administration added a roughly $2,000 fee per H-1B visa for large companies, which could be curbing applications.

    In the past, if, say, BNY Mellon inked an IT contract with Infosys, Infosys would handle 70 percent of the work in India and send 30 percent of its project staff to the United States on temporary work visas. These Indian workers often live in ethnic enclaves on the outskirts of a city, work long hours and earn less than an American would for the same work.

    Companies such as Tata Consultancy Services, Genpact and Infosys are the largest users of the H-1B visa program and have collectively brought as many as 30,000 workers into the country in a year on H-1B or other visas.

    Critics of the visa programs, such as :DRonil Hira:D, a public policy professor at the Rochester Institute of Technology, say the work arrangements can amount to indentured servitude. The workers are often paid �home-country wages� in America. �That�s as low as $8,000 a year� with housing allowances, he says. The employers own the visas � so the workers can�t bargain for wages, and if they lose their job they have to leave the country.

    Hira said Indian workers still make up more than 90 percent of most outsourcing companies� U.S. head counts. He and other critics argue that many of these workers are not more highly skilled than their American counterparts but are simply willing to work for less. �It�s harming American workers,� he said. �It�s taking away their job opportunities, bringing down their wages and harming their working conditions.�

    The companies that use the visa programs have faced opposition from U.S. labor unions as well as age-discrimination lawsuits from American tech workers alleging that they were passed over by the hiring practices.

    At the same time, as high unemployment lingers and the economic recovery lags, India-based companies have seized on an opportunity to improve their image and expand their U.S. businesses by taking over companies and hiring more U.S. talent.





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  • Amma
    01-07 07:21 PM
    to call all of these people as highly skilled . Don't know the decency and decorum of the forum.Fighting in the name of religion.
    When you people are going to change ?

    People with no skill is better than so called highly skilled but no brain .



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  • Marphad
    12-17 02:53 PM
    Now you may go and dig out my previous postings too!

    Ah! all these red dots are showered on me by you kinda folks for questioning this type of nonsense!

    Bring it on more (red dots) LOL

    Because when you speak something it is useful and when others say something is nonsense. Cool.





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  • funny
    09-30 02:38 PM
    I just do not understand this part, why would they provide something and ask us not to use it. It is like giving you a piece of cake and telling you not to eat it. This whole thing sucks, they are making it harder for people who live by the law of the land.

    I think a lot of AC21 cases are getting rejected because of the revocation of I140, Companies don't want to keep the people on their list if he/she is not working, because they have to prove the ability to pay for all those people as well. so they are revoking the I140 for people who are not with them anyore to reduce number of people in their list with USCIS.



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  • validIV
    06-26 02:47 PM
    I don't know what else to tell you except what I've already stated. Frankly I am surprised that this debate has gone beyond 1 page. I am tired of beating a dead horse.

    If you are renting for 1500/month thats 18,000 a year, or 540,000 in 30 years that you lose with no chance of claiming as a deduction or ever using for anything. Rather than losing that money, why not use it to own the property you are living in?

    As a homeowner, you can use that 540,000 to own the home. The interest and property taxes you pay are tax deductible, and the principal means that at the end of the 30 years, the home is yours (20 if your loan is 20 years). Even when you are paying the mortgage, you are saving. You are getting bigger tax returns and you are owning the home that you live in. No amount of rent will guarantee either.

    Through a combination of tax deductions, home equity, and property value, I am willing to bet you that I can save the same amount you do by renting, but still be ahead by owning the property I live in in 30 years. Just take a look at any home owner's history and tell me someone who hasn't doubled the value of their home (home only, not including their savings) in the past 30 years or more.

    Everyone here that is dead-set on renting, by all means continue to throw your money away. And it REALLY is throwing your money away. How you wish to justify doing so is fine by me as long as you can sleep at night and explain to your family, friends and kids why you chose to rent for 30 or so years.

    If you buy - and take a mortgate - you end up losing (the same way you "lose" your rent)
    1. Interest you pay
    2. Property taxes you will pay forever.
    3. Maintenance you will pay forever.

    On the other hand - if you rent and,
    A. IF you pay less in rent than #1 + #2 + #3,
    B. IF you invest the remainder plus your mortgage principal amount in some other investment vehicle with superior investment returns than real estate.
    .... Then you will come out ahead renting.

    The tipping point is whether your rent equals interest + property taxes + maintenance. Based on which side is higher - either renting or buying could be good for you. I don't think there is a clear cut answer. This does not take into account the flexibility associated with renting - which is important for non-GC holders. If you assign a non-zero dollar value of $X with that flexibility, then your rent needs to be interest + tax + maintanance + $X to get to the tipping point. On the other hand, if you are not forced to save (in the form of mortgage principal payment every month) - you may just spend that money instead of investing that. If you assign a dollar value of $Y with that (probability multiplied by actual dollar value) - then the tipping point is at
    $rent = $interest + $tax + $maintenance + $X(dollar value for flexibility) - $Y(dollar value for probability of spending money instead of saving).

    Now as soon as you plug in the numbers in this equation - it will give you your tipping point and will tell you whether it is right for you to rent or to buy.

    Think about it. It is not as clear cut as you think it is. :-) Based on your earlier posts - you got an absolutely faboulous deal on your house (maybe because of your timing) and the tipping point equation would probably highly favor buying in your case. For many other (specially for those without a GC) - it may not be so clear cut.





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  • sledge_hammer
    03-24 03:49 PM
    No, they figured out that it is consulting companies that are exploiting loopholes. Tell me what proof you have that ALL consulting companies are complying with H-1B requriements.

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

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

    All your assumptions about H1B is only for full time jobs is flawed. USCIS has not said that. There is no law that says that.

    BTW why do you think LCA requirements are meant only for consulting companies ? It is applicable to all H1B candidates. That has been the law for a long time. Nothing new here for you to be happy about.

    Your posts are driven by your ignorance than any legal base. You need to educate yourself in immigration perspective.

    Why USCIS audits are focused on consulting companies ?
    It is not because consulting is not allowed on H1B. It is because they figured out that H1B violation are more prominent among small companies.



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  • hiralal
    06-21 07:06 PM
    Unseen guy ..Thanks for the reply.
    In that case it is another reason to stay away from immovable assets ..I guess if we are ever in such a situation and try to plead with them (USCIS), then they will just say ..well you should have known that you are on "TEMPORARY STATUS" before you bought a house.
    (just as they said, H4 people should have known what they are getting in to ....when told qualified H4 people cannot work) !!!





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  • SunnySurya
    08-05 11:55 AM
    That is correct and unfortunate...
    We have approx 35K members and not even 2k people contributed to our cause if not 100 at least $5. .

    No I don't expect that on the contary I highly doubt it will ever materialize. But if such group is formed I will definitly participate in that just because I think it is right thing to do.
    Not sure how do u expect $500 -1000 for a failing cause. If you take the pain others will happily enjoy the fruit. .

    Don't go by when it shows I joined. Do you really think that I will discuss such controverial topics using my original ID. By the way, I (the person and not my Ids) have contributed to the cause way more than you have. And I still believe that we need to continue down that path.

    By the way I have contributed $200 ( and more in line) and participated in phone and fax campaigns and got at least few more new members with contribution.



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  • jonty_11
    04-09 10:59 AM
    What is IV's position on this bill?





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  • gapala
    06-05 08:03 PM
    >>
    If the key innovators/management are in/from US - a lot of the profit of this corporation would stay in the US - either in the form of taxes or return paid to shareholders. In fact, I would argue that the intellectual properties (that US would "own") will be more valuable than the value addition from the grunt work in China/India. So your comment suggesting that US is no longer adding any real value to the world economy is probably misplaced.

    And what happens if the Lou Dobbs types are successful and US goes down the drain? Well - then all of us are well and truely screwed and the economy, its trends etc become meaningless. The world has many major issues to face in the next 100 years - global worming, over population, depleting natural resources etc. If there is no center of innovation any more (like the current US) - then all the calculations we do about economy and all will probably be irrelevant. When you are fighting for survival then economy does not matter - your next bowl of rice does.

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

    By the way, all those your points are valid but will have a negligable impact on Housing market or economy in short term.. atleast until next cycle.. Unless US reform immigration policies for a 21st century knowledge revolution.. create well paid jobs for best and brightest in the world right here.. who can earn, spend and not borrow.. (EB category) ... Housing problem will also resolved... But US is lagging way behind. this is my opinion as Obama Administration has not thought so far beyond providing food coupons, housing rescue and medicare... Based on what is on the card, there will be lot of blue collar folks... nothing on innovation and technology and more Family based immigrants on welfare and low paid jobs... Do you still think, thing of past holds good now?





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  • Rayyan
    01-07 05:58 PM
    ^^^^^





    nogc_noproblem
    08-05 01:10 PM
    A man was walking in the street when he heard a voice...

    "Stop! Stand still! If you take one more step, a brick will fall down on your head and kill you." The man stopped and a big brick fell right in front of him. The man was astonished.

    He went on, and after awhile he was going to cross the road. Once again the voice shouted: "Stop! Stand still! If you take one more step a car will run over you and you will die." The man did as he was instructed, just as a car came careening around the corner, barely missing him.

    "Where are you?" the man asked. "Who are you?"

    "I am your guardian angel," the voice answered.

    "Oh yeah?" the man asked. "And where the heck were you when I got married?"





    copsmart
    01-01 09:39 AM
    Wish You All a Happy and Prosperous New Year.

    May god give this world the strength and courage to tackle Pakistan and its terrorist activities.

    World Peace!