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  • chanduv23
    03-23 03:50 PM
    well..you hit nail..yes..I initially worked with that company that started with S**..but I changed them after 1 year after coming to US

    So, keep cool. Talk to an Attorney. use a good Attorney for everything from now. You can forward the email request to the Attorney and go from there.





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  • sroyc
    08-06 10:41 AM
    I'm not a lawyer but I think it'll be hard to prove that A qualifies for EB2 given that he/she does not have a Masters or 5 years of experience in a related field.

    Regarding the EB1 spillover - yes, it's a valid question but the fuzziness of the law gives them enough room to interpret it either way.

    Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?

    Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?





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  • dartkid31
    05-24 12:46 PM
    Folks,

    I think if you one wants to eliminate or significantly reduce the number of H1B's or immigrant visas, then you can go ahead and label that person "anti-immigrant". I would be with you, saying that is definitely negative to America.

    So far I haven't seen Lou Dobbs doing that though. All the time I watch the program I see that man bringing up legitimate concerns. Lou Dobbs is a hero for Americans. The fact is that in general, wages have been stagnated for the last five years. What I have seen Lou Dobbs bringing up is that H1B numbers should not be increased. Don't you think that is a fair and rational approach ? Tell me. Honestly, when I learned this provision that they want to increase H1B visas at 20% every year, that appeared quite of a stretch to me. Folks, please be more rational and thoughtful please ?

    "Folks, please be more rational and thoughtful please ?"

    I think thoughtful and rational are NOT two words you would use to describe a Lou Dobbs broadcast. :D

    Extremely one sided, hateful, demagogry, those words would be more accurate.





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  • sri
    04-07 09:15 AM
    Where is it mentioned that they will not renew the H-1Bs?


    Green card is for convenience � H-1B status is for survival!!!!

    As you already know that anti-H1B lobby has introduced a bill that is designed to put most H-1B dependent employers out of business and most H-1B employees out of the country. This bill is designed to slow bleed H-1B program and systematically purge H-1B employees from the country.

    If we cannot stay in the US on H-1, then there is no possibility of a green card.

    Details of the discriminatory and impractical Senate bill
    Here is the link to bill summary:
    http://immigrationvoice.org/media/forums/Analysis_S1035.pdf
    Please see section 2(e) and section 2(f)

    Here is the link to bill test:
    http://immigrationvoice.org/media/forums/Durbin_Grassley_bill.pdf

    The original intent of Senate bill S.1035 seems to be to put in checks and balances on H-1B and L-1 program, with inclusion of some good provisions to empower H-1B/L-1 employees. Immigration Voice supports provisions to empower H-1B/L-1 employees. However, S.1035 is discriminatory against H-1B employees and H-1B dependent employers. The bill is designed to render H-1B program useless and impractical to follow. As an example: Even after going through the process of making sure that no able, qualified and willing person in US is available to do the specific job, �the best and the brightest� H-1B employees will not be allowed to do any Consulting!!!!

    Further, US business will not be bale to have more than 50% of their employees on H-1B. Some of these companies to very specialized research, development and consulting work. In effect, Senate bill S.1035 is forcing the companies manufacturing baby soap, tissue paper etc to drop their core competency to become experts in the sectors/areas where consultants provide their expertise to assist companies to successes.

    This discriminatory bill will have following effects:

    1.) This bill will hurt all sectors of the US economy, directly and indirectly.

    2.) In the short term, most H-1B employees (including medical doctors, research scientist, IT engineers and other highly skilled immigrants) providing consulting services will have to leave the country, thereby taking all the institutional knowledge to other countries.

    3.) In the long term, the bill is designed to promote outsourcing as most employers will be left with no other option but to look outside to find much needed human capital and talent. So this bill hurts competitiveness and is bad for US innovation and economy.

    Timeline and Urgency of this massive issue
    This bill is a VERY REAL threat. It is designed to be made part of the compressive immigration reform bill (CIR). We have learnt that CIR is on the US Senate schedule for the last two weeks of May and, in the House schedule for the month of July. So if we do not educate the lawmakers about this very real threat to the core concept of competitiveness and innovation, this discriminatory bill could become law as early as August of this year.

    What we have to do
    1.) This bill is discriminatory and puts unworkable restrictions on H-1B program. Please join Immigration Voice to oppose this bill in its current form.
    2.) Join Immigration Voice's efforts to oppose the bill S.1035 and educate the lawmakers to pass meaningful comprehensive immigration reform containing the provisions to end the massive employment based green card backlog.
    3.) If you are employee, employer or a lawyer, please take this threat very seriously and inform your organization, employer, colleagues, friends or anybody whom you feel should know about this discriminatory bill. Please request everybody to visit www.ImmigrationVoice.org (http://www.ImmigrationVoice.org) frequently for the latest action items and updates.
    4.) Please contribute to Immigration Voice TODAY and please send out SOS message to you friends, colleagues and employers to contribute and support Immigration Voice. We have very limited resources and desperately need everybody�s support.

    Please standby for more information and action items.


    -----------------------------------------------------------------------------------------------------------------
    Clarification
    -----------------------------------------------------------------------------------------------------------------
    There is going to be no difference whether you ...

    1. Renew your H1 at the same company by filing an extension,
    2. Transfer your H1 to another company by filing a transfer or
    3. File a brand-new cap-subject H1 for someone who has never been on H1.

    ALL OF THE 3 WILL BE AFFECTED.

    For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).

    The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.

    But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.

    Hopefully, this will answer some of the questions.



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  • transpass
    03-26 07:14 PM
    I am sure that per law or whatever when you filed for a h1b for a location A and the petitioner moves to a location B, then I believe you have to file an amendment for ur h1b to that new location...the question is Iam not sure how many people care to do that

    Yeah that's true...I guess not many people bother, not many lawyers bothered until now, and also not many people people even know that you need to file amendment...





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  • unitednations
    03-24 07:56 PM
    http://www.ca5.uscourts.gov/opinions/pub/98/98-60340.CV0.wpd.pdf

    Above case is the most frequent cited case by california/vermont service center and appeals office in denying h-1b's.

    Essentially; many years ago a nurse staffing agency was filing h-1b's and they were doing it for a specific set of nurses which actually required a degree (most nurses do not require a degree).

    The staffing agency was using one of the ways to demonstrate that the job required a degree (which is listed in 8 cfr 214.2h) that it normally hired nurses with degrees. Essentially; they were trying to circumvent h-1b for jobs that normally didn't require degrees.

    USCIS and the courts basically stated that if a person is not working at your location then you are considered a "token" employer and that the job requirements of where you are actually working is what needs to be demonstrated to see if the job requires a degree.

    Most of h-1b rfe's are trying to determine whether the petitioner is the employer or the agent (they ask for office information, project details and intertwine it to whether you have specailty occupation work at your location) or if the information on your payroll reports; your office size, pictures, etc., show that you are an agent. If they believe that you are an agent then they go the purchase order route.

    Now; uscis is totally misapplying this because h-1b is simple; job requreis a degree and person has that degree. In this particular case; nursing agency was trying to create a degree requirement for job that normally doesn't require one.

    However; they are applying this standard to all the staffing companies. I would read it and memorize it as this is quoted in every one of the denials.



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  • xyzgc
    12-28 12:21 AM
    Please don't advocate war.
    If India can defeat the entire British Empire without firing a weapon, I can't believe that there isn't an ingenuitive solution to this mess. I can't believe that Indians and Pakistanis can't be the ones to solve it without weapons, especially nuclear ones.

    Nuclear weapons technology is old. Soon every country (and undergraduate engineering student) will posses the knowledge to build them. Yet if we continue to handle disputes in the same way that was bred into us when our people hunted on some African plane, it will be the end of all of us.

    India defeating entire British empire without firing a weapon? Where did this come from? British colonized Indians for 150 years!
    If Indians were a military power, they wouldn't have been colonized in the first place.
    Do you seriously believe the dogma of non-violence Quit India movement drove the British away?:)





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  • srkamath
    07-13 12:16 PM
    It may be possible to the Sec.of DHS or the President to issue an executive order to allow a "processing grace period" that extends the visa allotment past Sep30th for a given year for those cases where processing had already begun on or before Sep30th.

    This is a small incremental step - but it may help with using up a few 1000 extra numbers.



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  • mbawa2574
    03-25 11:12 PM
    Ok, so everytime I see a rent vs buy discussion I see apartment living compared with living in a house. This may not apply to a lot of other places but here's how it goes in SF Bay Area:

    Rental
    Apartment: Decent sized 2 Bed/2 Bath --- $1600 pm
    House : Decent sized 3 bed/2.5 bath --- $2000 pm

    Mortgage:
    House : Decent sized 3 bed/2.5 bath --- $3500 pm

    So, is additional 1500 pm worth the money? Why not rent a house? What's the point of trying to get into a sliding market when even Greenspan can't say where the bottom is?

    I am in a decent sized apartment right now and if I have to upgrade its a rental house. Buying in a sliding real estate market doesn't make sense to me.
    Dude you are missing on the tax savings part of the game. U need to take it into account. Specially if you are making 100k + . Buying a house will save you big on taxes for first couple of years since interest is tax deductible. For couple of years interest is the major part of your payment.

    Also people suggesting that this is not a great time to buy, then what would be ?There are bargains in the market. A Good investor never buys a property when prices touch the roof. U wanna buy right on the bottom. Also risk factors depends on markets and geography where u are looking. NY metro,CA (San Fran & LA), New England area are the best places to buy as job markets are diversified and markets have potential to sustain ups and downs. Property prices have tanked just 10 points and have already corrected pretty much in good neighborhoods and there is inventory sitting on the market with great deals . U cannot compare apples with oranges. Hence Detroit,Ohio etc have no comparison to these progressive markets I mentioned earlier. Also governments don't cut new lots at the same rate in these states as compared to other US markets keeping the prices more or less stable.

    On NJ- I have not seen a single Native born American liking the state. It is considered most corrupt state in the union but still pretty much rich people live in NJ including our friend Lou Dobbs :-) He curses NJ almost once in a month on his show and lives in a 300 acre farm house in the same state. So I will rather ignore the comments posted about NJ in earlier post.





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  • SunnySurya
    08-05 10:45 AM
    And may I please ask how do you know that?
    May be 1% of EB2. Good to know that.



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  • desi3933
    08-06 02:00 PM
    red dot for this post.... are you nuts or someone touched a raw nerve or you have lots of spare time to create controversies:confused:

    Just gave you a green.

    Have a good day!





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  • alterego
    09-30 12:38 AM
    Right now I see the problem in DC as gridlock. They are paralyzed by partisanship, political bickering and resulting indecision. Part of it is due to the nature of politics and part of it is due to the impact of ever more represented special interests.

    I see it as more likely that this gridlock will be broken(for good or bad) if Obama is elected. With McCain, atleast on the immigration issue, I'm guessing we will see a replay of the two failed Bush efforts. When the Democrats took congress, many observers and even amongst us thought, with a pro-immigration president and a democratic congress, this was one of the few things that could get done, we all know how that worked out. I'm not sure how anything will be different with a McCain presidency.

    I think at this time, many in this community are weary of the politics of this issue. Tired, frustrated and upset at the lack of common sense on this issue. It almost feels like a roll of the dice might be better than this indefinite period of uncertainty and limbo. One can more effectively deal with a decision rather than what is offered us, which is a mere promise with no date certain. It is truly an unfair situation to put someone in, after in many cases 10 yrs in this land. I am hoping for an Obama victory as I see that as the best chance to break this gridlock and release us in some direction.



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  • Macaca
    02-22 11:49 AM
    Hey Chinese! can we have more of the following here (http://www.washingtonwatch.com/bills/show/110_SN_9.html#commentform).

    I am almost 7 years in this country and have paid hundred of thousands of dollars in payroll taxes, and now stuck with the EB priority date.

    I want to say there are many good things going on in the world. Many people take the technology advancement and good life for granted, but behind the scene, there are many people who are doing the real hard work, and we are part of them.

    The reason I came here is I thought this country can turn my talent into fortune and create opportunities for many people. My college roommate in China created the Linux Virtual Server in his PhD thesis and still leads the LVS project. The government covers their 100% medical + 100% housing + 80%-100% pension. But if he did that in the States, he would be very rich and can achieve more goals.

    The current immigration system is neither pro- nor anti-immigration. It is just a limbo system. Everything getting in is just stuck there. Some of my friends have gone back China because they don�t want to wait.





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  • whattodo
    07-11 11:49 AM
    My wife (secondary applicant on I-485) started job 1.5 months after her H4 to H1 approval. She needed to wait for SSN and that took 1.5 months. Will that create any issue? I am planning to use AC21 to change job. Will that result in extra scrutiny?



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  • GCnightmare
    08-02 02:55 PM
    Thanks for the quick reply. I never overstayed my I-94 either before leaving US or re-entering US. But just a thought... Do you mean if somebody covered by 245(i) and never left US after filing the labor before April 2001, still be eligible to adjust status?
    Thanks





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  • Macaca
    05-29 08:22 PM
    The Newest Lobbying Tool: Underwear (http://www.washingtonpost.com/wp-dyn/content/article/2007/05/28/AR2007052801091.html) By Cindy Skrzycki (http://projects.washingtonpost.com/staff/email/cindy+skrzycki/), Tuesday, May 29, 2007

    It was inevitable. In the Internet age, interest groups seeking influence in Washington are joining presidential candidates in discovering a new electronic tool to press their agenda: YouTube.

    "Send your underwear to the undersecretary'' urges the actress in the Competitive Enterprise Institute's stinging 66-second anti-regulatory video posted on YouTube, a free video-sharing site that is a subsidiary of Google. The video blames a 2001 Energy Department rule for an energy-efficiency standard that it says has made new models of washing machines more expensive while getting laundry less clean.

    The underwear video illustrates what other advocacy groups are finding out: YouTube is a cheap, creative way to get a message to a potentially vast audience. This slow migration is in addition to more traditional lobbying approaches, such as direct mail, Web sites and scripted phone calls to federal officials.

    "This is the next step,'' said Missi Tessier, a principal with the Podesta Group, a Washington lobbying firm. She said her company is working on a YouTube piece pushing for more federal funding for basic research for one client, the Science Coalition, a group of research universities. "We are always trying to find ways to get our message out.''

    Concerned Families for ATV Safety, which wants to keep children off all-terrain vehicles, turned to YouTube to lobby for more federal oversight at the agency and congressional level. One of the parents produced the video and posted it May 18.

    "We decided to put it on to raise awareness about how dangerous the machines are,'' said Carolyn Anderson of Brockton, Mass., who lost a son in an ATV accident and is a co-founder of the group.

    Some of the presidential candidates already have calculated that YouTube postings will reach the same younger audience that regularly visits social networking sites such as Facebook and MySpace. A few federal agencies have taken the plunge, too.

    Officials at the White House Office of National Drug Control Policy said it expects its YouTube messages to be ridiculed, laughed at, remade and spoofed. And they are. Its anti-drug message is also reaching the right demographic.

    The Consumer Product Safety Commission realizes that YouTube would be a great way to broadcast product recall and safety messages, though it has not produced a video for it.

    "There are a tremendous amount of people who use that Web site,'' said Scott Wolfson, an agency spokesman. "But we worried about the integrity of the message being changed by users.''

    The YouTube audience hardly seems like a demographic that would be interested in washing-machine efficiency. Still, the Washington-based Competitive Enterprise Institute, which opposes energy-saving fluorescent bulbs and increasing the gas mileage of cars and trucks, has 43 videos on the site. Many of them are snippets of speeches and testimony with few user "hits."

    And then there's the underwear video.

    "We figured we would try a very fast, inexpensive campaign that would go viral," said Sam Kazman, general counsel at the CEI and head of its Death by Regulation project. The video went up May 16 and had 1,306 hits in the first week, a respectable showing, especially considering the subject matter.

    Kazman said the campaign cost virtually nothing. He wrote the script and one employee did the acting and another filmed it.

    The CEI Web site links to the video and to a June Consumer Reports magazine article that rated top- and front-loading washing machines for energy efficiency and performance. The magazine found that since the Energy Department issued an efficiency rule in 2001, the performance of various machines has varied widely.

    "Not so long ago, you could count on most washers to get your clothes very clean," the article says. "Not anymore. Our latest tests found huge performance differences among machines. Some left our stain-soaked swatches nearly as dirty as they were before washing. For best results, you'll have to spend $900 or more.''

    Kazman, who said he owns a 21-year-old Whirlpool washing machine, took this as confirmation that predictions his group made in 2001, that the rule would wreck a "low-priced, dependable home appliance," have come true.

    The manufacturers of home appliances, energy-efficiency groups and regulators who are being mocked in the video disagree.

    Celia Kuperszmid Lehrman, deputy home editor at Consumer Reports, said the underwear campaign takes the ratings out of context. "We support energy standards for washing machines,'' she said. "There are alternatives that will wash as well as older machines. They cost more to buy but not to operate."

    "I think it's obnoxious; I don't think this dog barks,'' said Andrew deLaski, executive director of the Appliance Standards Awareness Project in Boston, a coalition of industry, consumer, environmental and state interests.

    DeLaski, who was involved in the negotiations that led to the 2001 rule, said it was expected at the time that prices would go up but that consumers would save on utility bills.

    "That's a regulation working pretty damn well," he said, adding that consumers can expect to save $80 annually on utility bills with the new models.

    Michael McCabe, a senior engineer at the Energy Department, said that nine out of 10 models Consumer Reports tested are in the price range the department predicted when it issued the rule, an extra $250.

    On the underwear front, Kazman said he sent his own (clean) underwear to the Energy Department. The department said the mailbox of Undersecretary Dennis R. Spurgeon is still empty.

    Kazman blamed the late delivery on another government policy, which subjects packages to irradiation.



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  • file485
    07-11 11:04 AM
    you can try gands.com for H1stamping..they might be a little expensive,but if it works and you want to avoid going back home for H1b stamping trauma..its worth it...

    we went for our H1/H4 renewal stamping with them, though our case was all clear..we dint want to take chance with Chennai consulate and spend in suspense our vacation back home after 5yrs in US





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  • Macaca
    12-29 07:42 PM
    What India Inc. Was Up To in 2010 (http://blogs.wsj.com/indiarealtime/2010/12/29/what-india-inc-was-up-to-in-2010/) By Tripti Lahiri | IndiaRealTime

    We looked back at almost a year of India Real Time blog posts on business and the economy and here, summed up in five points, are the highs, lows and key things to take away from all the court judgments, reports, numbers and other data that the Indian economy and India Inc. generated this year.

    The Ambani fraternal feud ended, sort of. A Supreme Court judgment in May said a gas price set by the government would prevail over one in an agreement between Mukesh Ambani and younger brother Anil Ambani, ending the long-running legal dispute between the two over at what price Mukesh should sell gas to his younger brother.

    Years on from their father�s death in 2002, and after an acrimonious split of the Ambani business empire in 2005, things seem to be easing between the two. This year the two brother scrapped a noncompete agreement. That move allows firms from each brother�s empire to work in areas that the other brother is already involved in.

    Car sales, viewed as an indicator of overall economic health, chugged along. Even though upgrades to meet new fuel emissions rules made cars more expensive and rate increases made loans more expensive, cars sold like crazy, according to sales figures released each month. Although small, compact cars continue to be India�s top preference, SUVs made a lot of headway in India this year, to the distress of India�s environment minister, Jairam Ramesh.

    Speaking of Jairam Ramesh, the environment minister has been very energetic, to industry�s distress. Mr. Ramesh was quick to act on a panel report that said the India-focused metals firm Vedanta had violated provisions of India�s forest rights law. He halted the company�s bauxite mining plans in Orissa. The Lavasa hill town project in Maharashtra also got a stop-work order from the environment ministry in the wake of complaints from a nonprofit.

    Mr. Ramesh is now debating whether or not to put the green hex on the already vexed Korean steelmaker Posco, which has been trying to bring plans to build a steel plant in Orissa to fruition for five years. What he does�a decision is expected early in the new year�on the steel plant will could help show industry whether Vedanta was a one-off or whether Mr. Ramesh means to continue as he has begun.

    RBI Governor Duvvuri Subbarao is watching inflation like a hawk. It�s true the central bank governor, who likes to crack a joke or two and quotes Chinese leaders from time to time, didn�t raise rates at the last monetary policy review two weeks ago. (He had said in November that the Reserve Bank of India wasn�t likely to do so for about three months.)

    However, inflation has been a key concern all year and the Indian bank has been fairly aggressive about tightening. With a goal of bringing the headline inflation rate, which was 7.48% in November, down by 2 percentage points by March, expect Mr. Subbaro to resume a tight hold of the reins.

    Indian women have a really hard time juggling family and work, and that�s probably not good for the economy. It�s pretty clear that Indian women aren�t shy about leading�a woman runs the ruling party and another woman heads India�s top private bank. More women are CEOs of top companies here than of Fortune 500 companies. But several reports and conferences over the year have said that India needs to do more to take advantage of educated women it has, particularly as firms in the formal sector complain of a shortage (as a country of a billion people, there�s no unskilled labor shortage though).

    Many of them agreed that Indian women face extremely high pressure on the family front, even compared to women in other emerging economies, and that it can be quite hard for them stick with positions and climb up the ladder as a result.


    India Raises Renewable Energy Target Fourfold (http://online.wsj.com/article/SB10001424052970203513204576048870791325278.html) By ERIC YEP | IndiaRealTime





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  • chanduv23
    05-17 06:31 AM
    For folks who think banning any sort of consulting on hn1b will solve the purpose and has a good cause, this is what is going to happen.

    You most probably will have been a h1b working ina fulltime job. You will think that when h1b consultants go away, you will fall ahead in the queue and get ur GC. But my dear friend, the intent of this bill is different. IEEE USA, PG etc.. have members who are American citizens and a lot of them may be your own collegues at work and will be encouraging you to support their cause saying it benefits you.
    Once consulting is banned, and when your own American collegues know it is banned and consulting company cannot hire h1b, they will be after your job. They will make conditions miswerable for u at workplace and life will get worse and you will not have any options left for you but to lead a screwed up life.
    If you get fired or layed off, you will be left with no option at all. Remember, while cost cutting, companies will get rid of h1bs before they get rid of citizens, no matter how much u hang on to your job and how much u perform. Basic fact is that your are despensible.
    Their only aim in life is to get rid of all Asians especially Indians and Chinese and reduce their numbers drastically, they will follow any tool or weapon. Don't believe their sweet words and their intent to help you. You must help yourself and help IV.

    Though I do agree that h1b body shops indulge in irregular practices, this is common to any company. Look at biggies like msft, google etcc. they have an entire legal team working hard to workaround any system and utilize loopholes in the system. Thats how businesses survive and make money. Business means "no ethics". So just do not rationalize yourselves by claiming that you know everything. It all boils down to survival of the fittest and it is how you handle situations. Lets all not be selfish and be divided among ourselves.





    Winner
    03-25 11:01 AM
    Thanks for contributing to IV with meaningful discussions. Would you all consider making a monetary contribution to IV?





    CreatedToday
    01-06 04:31 PM
    If this senior Hamas leader could send his son as a suicide bomber to kill innocent civilians in Israel, what stops him from using others' kids as shield?
    :confused:
    http://www.timesonline.co.uk/tol/news/world/middle_east/article5429904.ece

    If its true, why media is not showing how Hamas is hiding behind schools and mosques? Its a big lie and this is what they say in order to justify the killing. Also what rockets you are talking about? Those 7000 rockets that killed 4 people? I agree Hamas must stop their mindless and useless rocket attack.



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