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  • needhelp!
    09-29 11:21 AM
    And oh.. we already bought a house in 2002 (had never imagined that my status would still be "temporary" after 9 years of doing the right thing)




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  • vghc
    01-07 04:32 PM
    You asked me and i tell you this. This news article was written by well known journalists around the world. His name is Robert Fisk. Just read this to get some understanding.

    Robert Fisk: Why do they hate the West so much, we will ask. This is not published in any Muslim media but one of the well known in Britain called "The Independent". You won't read such things in CNN or Fox or BBC.

    http://www.independent.co.uk/opinion/commentators/fisk/robert-fisk-why-do-they-hate-the-west-so-much-we-will-ask-1230046.html

    I don't like either of that 2 sides, they are just a torn on this earth.
    But you know what, don't expect peace if you use violence to obtain it.
    It'll won't work and never will.




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  • sumanitha
    12-22 07:49 PM
    http://www.youtube.com/watch?v=VORdATj6s4w&eurl=http://video.google.com/videosearch?q=zakir+naik+2008&emb=0&aq=1&oq=zakir+nai




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  • alien2006
    07-14 03:03 PM
    I wouldn't use the word slave so calously. We on H1s are not slaves, we have some restrictions but we are not slaves. I think you need to see some good documentary or better yet read books on slavery.



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  • sledge_hammer
    03-24 02:17 PM
    Again, I am not the one you should be asking to define "full-time" and "temp" type jobs. Ask USCIS or DOL or whoever is going to adjudicate your green card.

    I am simply saying that if USCIS has made a distinction between perm job and temp job, AND if they feel that consulting job is of temp type, someone along the line has dropped the ball and missed this. They also missed the fact that the employee needs to work at the LCA specified location. They also missed (or circumvented) that benching is not allowed.

    You can blame anyone and everyone for it. Maybe the immigration attorneys were the ones that should have warned both the employers and employees that consulting jobs do not fit the H-1B requirement. Maybe USCIS was sleeping all the while and suddenly they decided to start enforcing this. But the fact that they can ALL-OF-A-SUDDEN claim that H-1B visa is for permanent jobs only, AND that employees need to stay in the LCA location means that our lawyers, employers, and employees were incompetent in their judgment and did not do their due diligence to protect against potential audits and queries.
    I am telling you the same thing I told the other guy .... you don't need to give me justifications.

    Just hope that USCIS will buy your story!

    sledge_hammer,

    Why don't you define what a "permanent" job is ?
    You think FT job is a permanent job and consulting is a temporary job ? I don't think so.

    There are consultants working for years in a consulting firm. ( Don't bring H1B into the picture) . There are many FT employees being laid off from companies before contractors are let go. Contractors are temporary from a client's perspective not from the sponsoring employer's perspective.

    Try to define a permanent vs temporary job in US without bringing H1B into the picture.




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  • sanju
    04-07 05:54 PM
    I wonder if big names like Mircrosoft and others are aware of this. I am sure they will have a huge loss if this bill went through. May be it is time Bill Gates dropped his gloves and fight for us too.

    Bill Gates is very influential but he is one man and can do only so much. I think all the forum members should become active in educating and engaging our friends and employers about this potential disaster.



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  • Rolling_Flood
    08-05 08:19 AM
    Mirage, in my own small way, i was also involved in the fight against Labor Sub. Cannot discuss it here as i do not think this is an appropriate forum.

    However, i do understand your point of view. But, you have to realize that EB-1,2 and 3 are DISTINCT paths. "Time benefits" should not cascade across these different categories, and that is what i intend to fight legally.

    I can provide more details in a week or so, when i have my final draft plan ready.

    In your example the EB-3 guy was in the green card line before the EB-2 guy. Why on earth should he be asked to come in line after EB-2 guy if he decides to file a new one under EB-2. Why did not you wake up when Labor Substitution was going on. that was something which was utter non sense. People deciding to go for Green card in 2007 stood ahead of people from 2002 by substittuting a 2001 labor. Thank God it's gone.




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  • file485
    07-09 07:01 AM
    Hi Manu..

    can u pls clarify when u find some time..

    from what I understand and you posted, he changed employers from A to B to C.
    He reentered the US with a visa stamping of AorB and din't get a new H1 visa stamping with C..is that so..?

    but until now 99% of us, are in the same thinking that as long as you have a valid stamping in the passport u r good for rentry..

    so they dig and dig into our passports .. ? we ourselves get dizzy looking into all the pages of our passports.

    Like UN said..wonder what we/they achieve with lawsuits,but we can expect a lot of digging into our cases during AOS...

    (lawsuiting/challenging is no good idea with USCIS/DOS,they will not budge even a mm,they r huge monster govt organizations,it is best to move with the flow and instead work on ideas of allowing to file 485 when dates r not current etc..)



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  • StuckInTheMuck
    08-05 02:13 PM
    Dick Cheney walks into the Oval Office and sees The President whooping and hollering.

    "What's the matter, Mr. President?" The Vice President inquired.

    "Nothing at all, Dickie. I just done finished a jigsaw puzzle in record time!" The President beamed.

    "How long did it take you?"

    "Well, the box said '3 to 5 Years' but I did it in a month!"




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  • gimme_GC2006
    04-13 02:22 PM
    OK...an Update..

    I got an email from the same officer asking me to provide the contact number of the client that I worked in 2004.

    duh..I dont have one..and that company (actually a Unit of GE) was bought over by a different company.

    How do I respond? :eek:



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  • senthil1
    04-08 07:34 PM
    IBM and Oracle will survive without H1B as they will hire US workers and set back will be temporary for them. So this bill is targeting the Indian bodyshoppers who are running company just by H1b persons. This was expected for long time. If it is not happening now it is going to happen in a few years. We knew that hundreds of US companies went out of business after 2000 as they were not able to compete with Indian consulting companies because of rate.


    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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  • immique
    07-14 01:56 AM
    really! can you give me the name of that high school that you are talking about. I want to find out if I can qualify as an EB2 Physician/Scientist if I go to that particular high school and get my high school degree. why the hell would any body waste 15 years going to college, Medical school, post graduate trying to get the required skills.

    I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.

    DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.

    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.



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  • Macaca
    12-28 07:23 PM
    In India, a struggle for moderation as a young Muslim woman quietly battles extremism (http://www.washingtonpost.com/wp-dyn/content/article/2010/12/27/AR2010122704519.html) By Emily Wax | Washington Post

    Rubina Sandhi had settled in for a night of homework when panic swept through the narrow, congested alleys of her neighborhood.

    It was Sept. 11, 2001. Television sets in the mosques, tea shops and market were beaming images of the World Trade Center engulfed in flames in New York. Five months later, Rubina's house was burning as Hindu mobs torched Muslim areas of her city, leaving thousands of people homeless. She remembers smoke hovering over Ahmedabad just as it had over New York.

    With their few remaining possessions, Rubina's family members took refuge in a squalid relief camp and, several weeks later, moved into ramshackle housing on the edge of the city - where only Muslims lived and worked. "We felt like ghosts," recalled Rubina, who was then 12.

    The rioting was among India's worst sectarian violence in decades, hardening divisions between the Hindu majority and the country's 140 million Muslims as hard-liners on both sides sought to exploit the tensions. Soon after the rioting, many young Muslims in Rubina's neighborhood started following stricter forms of Islam as imams fanned out into the region's poorest Muslim areas, some bringing with them Wahhabism, the fundamentalist form of Islam practiced in Saudi Arabia.

    Some Indian Muslims even sought training in Pakistan to carry out acts of revenge in India, their version of violent jihad. For her part, Rubina chose a different struggle, determined to be a good Muslim and daughter as the community around her became more radicalized. She fought for the right to make decisions for herself, and she tried to find a way to voice her beliefs as a woman, as others around her were being silenced.

    Her decisions would mirror those of many other young Muslim women in her city who entered adulthood in the aftermath of religious violence and the Sept. 11, 2001, terrorist attacks. She would be asked to compromise her dreams, and her commitment to Islam would be questioned.

    Ahmedabad, a 600-year-old city in the state of Gujarat, has long been a vibrant historical center where religions aspired to coexist. It was the headquarters for Mahatma Gandhi's ashram and his peaceful freedom struggle and is celebrated for its Indo-Islamic architecture. Of the city's 5 million people, 11 percent are Muslim.

    Before the riots, many Muslims in Rubina's neighborhood celebrated Hindu traditions. Yet tensions between Hindus and Muslims here often rose to the surface.

    The violence in 2002 erupted after 59 Hindus were burned to death on a train as they were returning home from a pilgrimage site. Muslim extremists were blamed for the blaze, but the cause of the fire remains in dispute. In 2004, a government-appointed panel ruled that the train fire was an accident and not caused by Muslims.

    Soon after the anti-Muslim riots, extremist imams started to gain more clout. Among them was a firebrand televangelist named Zakir Naik, whose weekly sermons are broadcast from Mumbai and Saudi Arabia. Thousands of young Muslims have been drawn to his powerful slogans, including his declaration that to defend Islam, "every Muslim should be a terrorist."

    This more conservative brand of Islam became more acceptable, and it seemed to empower Muslim men in India. But it had the opposite effect on Muslim women. The imams and mullahs warned young women to stay indoors, to forgo higher education and to become dutiful mothers of as many children as God would give them. The children, they said, would replace the Muslims killed during the riots.

    "The Hindu mobs who attacked us called us all terrorists. Then the mullahs wanted to take away our freedoms," Rubina said, adding: "Everyone felt confused."

    A pervasive fear

    Rubina's father, Mohammed Sandhi, had an eighth-grade education and a job selling incense sticks to Hindu temples. When he was a young boy, his grandparents had told him haunting stories about Muslim-Hindu tensions in the 1930s and rioting in the southern city of Hyderabad that forced the family to migrate to Ahmedabad.

    Mohammed believed in the aspirations of a rising India. He had saved for years to move the family into a comfortable two-room home, and he hoped that his two children - Rubina and her older brother, Irfan - would be the first in their family to attend college.

    But after the riots, Mohammed began to believe that his ambitions were naive, at least for Indian Muslims. "We thought that was the past, over, just our history. But after the 2002 riots, we worry every day that the violence could happen again," he said.

    In the street just outside the family's housing complex, 69 people, mostly Muslims, were burned alive during the riots, the first and largest single massacre during the crisis, a federal investigation later found.

    From there, fighting spread. Over the next two months, more than 200 mosques and hundreds of Muslim shrines were burned down, and 17 ancient Hindu temples were attacked, according to police and human rights workers.

    Everything in Rubina's home was destroyed: childhood photographs, birth certificates, school records and land deeds.

    The family left behind the charred ruins of their home for a relief camp, one of more than 100 that housed 150,000 Muslims after the riots.

    The city slowly calmed, but acts of violence on both sides continued and people remained fearful.

    Watching their parents weep, Rubina and Irfan grew angrier and more confused. "We never thought this could happen here," said Rubina's mother, Mumtaz Sandhi. "We thought we are Muslims. But we are also Indians."

    Silencing women's voices

    After several weeks in the camps, Rubina's family settled in Juhapura, a poor area on the western outskirts of the city where many Muslims moved from Hindu-dominated localities.

    The neighborhood has some middle-class areas but is largely poor, and activists have fought for basic government services, including paved roads, a sewage treatment system and garbage collection.

    During her teenage years, Rubina started to notice that her brother, like many young Muslim men, was growing more observant of Islam, more conservative, introverted. They had always been close, and tragedy had strengthened their bond. But their paths began to diverge as Irfan sought comfort and sanctuary in the strictures of Islam.

    Rubina, like other young Muslim women, feared she would lose her freedom under those strictures. She resisted calls from increasingly conservative imams to wear a traditional black garment that covers the body and sometimes the face.

    In Gujarat, more and more women suddenly started dressing more conservatively, often as a show of Muslim pride but also to ward off sexual advances and potential sexual violence.

    Rubina's mother began covering her hair, and Rubina said Irfan soon told her that he preferred to marry a woman who dressed conservatively.

    Around this time, Rubina met a social worker named Jamila Khan at a meeting for Muslim women concerned about the living conditions in Juhapura and profiling of Muslim men as terrorists. But Khan also spoke out against Muslim leaders intent on reeling in Muslim women, curbing the liberties enshrined in India's secular constitution. She described herself as an "Islamic feminist."

    "It doesn't matter what our women were wearing," Khan told Rubina and her friends. "What is important is still having a voice. Islamic rigidity is silencing our most dynamic Muslim female minds."

    Many of Rubina's peers were giving up on having a career and were marrying and starting families earlier. Instead of going to college to study business or medicine, many were taking up courses at nearby mosques that taught them to be good Muslim wives.

    But as Rubina entered young adulthood, she said, she became aware of the hypocrisy among many of the imams. Although they preached that Muslim women should be homemakers, they sent their daughters to private schools and universities in Britain, Canada and the United States.

    During her first and only year at college, a Hindu extremist group circulating on campus began warning Hindus against having friendships or romantic relationships with Muslims. Rubina said some Hindu students started calling the places where Muslim students gathered "the Gaza Strip" or "Pakistan."

    "But I am Indian, too," Rubina said she wanted to tell them. She felt ashamed. Betrayed. Silenced.




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

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

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

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

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

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

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

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

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

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

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

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



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



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  • gc28262
    08-05 03:04 PM
    The solution for all this divisive arguments ? Sue USCIS for making all categories current in July 2007 when there weren't that many visa numbers available.

    Many of the late PD holders wouldn't be in this discussion if we are successful with this lawsuit. :rolleyes:




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  • easygoer
    12-17 01:48 PM
    This is exactly I hate. To divert focus of terrorism to Hindu group, Muslim leader comes out - WOW!

    Sounds like LeT informed Hindu group in advance that they are going to attack so as a by-product they can kill Karkare. Ha ha ha.

    Times Of India Headline: Antulay raises doubts over Karkare's killing

    People like Antulay are real traitors of India. Who know they may be taking instructions from Pakistan ISI? Such people go unpunish is the main reason India was slave for 2000 years.



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  • sanju
    05-17 10:15 AM
    I am not saying everyone else are less skilled that me. Read my posts please. Nor am I saying everyone are less honest than me. I am saying that people applying for an H-1B without having a FULL-TIME JOB from day 1 are DISHONEST.


    I am saying that people applying for an H-1B without having a FULL-TIME JOB from day 1 are DISHONEST.

    Why do I know that you do not work for a consulting company?

    Conventional wisdom says, if someone is not doing what I am doing OR if someone doesn't think the way I think OR if someone doesn't look the way I look then there is something wrong with the other person. So just because you have a full time job, every consultant in the world has done a huge crime by being a CONSULTANT. If it was for you, you would propose a bill that all H-1B folks who were ever being CONSULTANTS should be hanged until death. Maybe we could pass a law to make CONSULTANT synonymous to 'SERIAL KILLER'. How does that sound???




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  • engineer
    01-03 05:40 PM
    Nojoke,

    Will you accept responsibility of Gujrat Massacre first ?
    and hand over all those to International Criminal Court..

    Will you accept responsibility of Babri Mosque demolation?

    India and media continues to talk about proof but why that proof is not share with UN, Interpoo ? Why so hush hush...I am sure you know that both sided dont even truct opposite umpires in cricket match...and you think Pakistan government will just believe on Indian word that 'they have proof"..

    point is...Pakistanis and Pakistani state is not responsible for Mubmai attacks. We have suffered on hands of these extremist just like you have.. we had 60+ suicide bombings, hundreds of civilians killed, Marriot Blast...

    point is...India and Indians are not responsible for Babri Mosque demolations or Gujrat Massacre..you have suffered enough like us.

    War is not solution...you will be naive to think that Pakistan will not retaliate..in matter of minutes..both sides will loose many able folks during war..and that is what terrorists want..

    Need of hour is to condem these acts in any way shape or form in Pakistan, India, Kashmir etc..and work together to weed these elements out..

    I have many close Indian friends and believe me, from deep of my heart, I dont mean any harm whatsoever..and I am sure they dont mean harm to me as well.

    I wish both sides can site on table, have chai or lasse and start talks on following items:

    1. How to curb terrorism in India and Pakistan and Afghanistan..
    I have no doubt that if both sides do this, we can weed these nuts
    out.
    2. We must somehow find some solution to Kashmir ...it fuels nuts all around the world. It bogs down Pakistan and India and stops any cooperation.
    I am Kashmiri..and it doesnot matter who fires ...in Indian Adminstred Kashmir or Pakistani Adminstred Kashmir, my people get killed..
    If UK can live with Germany and France after bitter WWII ..we sure can...
    3. I am for Open Visas...so both sides can travel freely..As India develops its economy further, it can outsource many activities to 30 M Pakistani youth
    4. Lets excahnge prisoners ..those are poor people rotting in jails for no reasons..and even if there is some stupid reason, ask Presidents to pardon them...

    You work in US and know every issue needs compromise, discussion and then something gets done..

    If you cannot take actions on these terrorists and keep giving reasons for not handing over the terrorists, you don't have any credibility to give us advice. You don't even feel that your country men are responsible and you ask us to modify our behavior. How about going and doing something to change your country first? Meanwhile we will ponder if war is the only option left, because nothing else seems to be working...




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  • thomachan72
    07-08 09:00 AM
    Having said that, dont forget to chose a lawyer who is noted to fight cases that are tough. Contact many lawyers including the murthy, rajeeve khanna etc etc. Evaluate what each of them say. Some will offer advice only after an initial siging of legal contract and paying the consultation fee, there are others who do the initial evaluation free of cost. Hope somebody in this forum with experience gives out the names of good lawyers for you in time.




    number30
    03-24 11:37 AM
    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.


    What the consulting companies( Including Mine) are working like placement cell holding the stock of consultants. This is being questioned by the USCIS. They are understanding the mode of the operations. These stock does not have any usage unless they get some order. This is question was getting raised in H1B RFEs since last two-three years. With H1B you can escape with contracts between companies. But the concern with green card is will they accept such kind of agreements as proof of an permanent job? It will come to nature of the business of the company.

    (sorry for the Language )




    mmillo
    07-08 12:57 PM
    unitednations..!!

    r u the same from immigrationportal.com.. !! people r looking out for u in this immigration greencard darkness..


    UN

    we miss you and your experience



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