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  • cinqsit
    03-24 07:46 PM
    Isn't the employee-employer relationship between employee and the consulting company ?
    Why should USCIS get into the details of how the companies conduct their business ( like asking for client letters etc ) ?
    Is USCIS supposed to do this?

    USCIS probably does that to identify whether the job offer is bonafide. Especially with the rampant misuse of the system I am guessing thats how they make sure that all these problems like benching without pay, layering, working on lower salary and higher per diems are weeded out

    Painful as it may sound -- to say the least it is in our(employee's) long term interest. Though it appears as though its a measure designed to be against the spirit of at will employee-employer relationship I think its going to cleanse the system and make it more viable for everyone -- clients, employers and employees





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  • file485
    07-08 10:01 PM
    Very insightful.

    So in essence they give the boiler plate RFE's to drag you into a trap and once you oblige with the irrelevant info asked for in the RFE's, then the game is over. so we need to be very careful with the information we provide and need to be consistent no matter what is asked for.

    In Manu's case..he had no choice, but to mention he was on H1 with those companies in that period,but he dint have paystubs/W2's with them..

    this AOS is a nightmare if we have any grey areas with our case..until we get the card into our hands..!!





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  • unitednations
    07-09 12:12 PM
    thanks for the clarification on this..

    but when we re-entered the US, the i94 just mentioned 'on H1 status ..until..xx/xx date'..same way for H4-i94 card mentioned 'on H4 status ..until xx/xx date'..

    we dint show any INS papers..except for the passport(and confuse the officer at the POE)

    In our case,when my daughter came to US in May 2003, we had the i94 original(which we didn't keep the photocopy for our records),filed for her H4 etxn,went to Toronto for H1/H4 stamping,in 2 months when we went for vacation to India, gave away that i94 card at the airport while exiting and re-entered with a new i94.

    I can still see that i94 card lingering in front of my eyes..for which I dint keep a photocopy..


    Sometimes they write the company name and sometimes they don't. However; they do input it into their system (receipt number, company name, etc.). I instruct people to watch very carefully and to verify which company name they are putting into their system.

    Since you haven't posted the RFE's it is difficult for anyone to really give you much detailed answers or pointers. You now just need to give it to a good lawyer who can give a strong response.





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  • logiclife
    04-07 01:06 PM
    The law makers (democrats) who introduced this so called law to reform H1 are actually trying to kill H1 in the name of reform. They don’t have the backbone to come out and say H1 should be abolished but instead they are taking the back door to kill the H1 through these draconian measures.

    You hit the nail in the head.

    Instead of getting rid of all H1B employees in one full swoop, this lobby wants to put law in place where new H1s will be mostly rejected due the "Consulting clause" and existing H1 employees will be hit in the head with a 2 X 4 when renewing H1, since the scrutiny and paperwork is the same for new H1, H1 extensions and H1 transfers. Same LCA filing, same I-129 forms.

    So instead of immediate purge, this is like getting rid of 5 to 10 thousand each month by making extensions and renewals and transfer impossible for those doing the consulting.

    Like the admin said, this is the slow bleed of H1B program where death is slow but not obvious and easily detectable.



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  • bondgoli007
    01-06 05:06 PM
    At the same time read about "Greater Middle East", "Greater Isreal" and "New world Order" , "Unipolar world" etc if you have time.
    What would be the purpose of reading all that? I thought the spotlight was on hamas...this is how you try to move the spotlight away huh!!





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  • sledge_hammer
    03-24 02:42 PM
    ganguteli:

    Don't get me wrong, I feel you!

    But, simply saying that the law took a long time to catch up hence we should be let to continue exploiting the loopholes will not get us too far. And I think this is what you are asking for.

    We are here because USCIS allowed us to come here. We (employees, employers, immigration lawyers) should have done our due diligence in doing everything possible to protect ourselves against possible/potential audits and queries. Someone should have warned us that there is actually a difference between "temp job" and "full-time job" (EDITED: for GC requirements) like 20 years ago when this consulting business started. The very same people who did not warn us should actually have told us that LCA location is not to be taken lightly, that benching is not okay. All of these did not even occur to us when we enjoyed our lives in this nation.

    Yes, USCIS is awake all of a sudden. They are enforcing rules all of a sudden. They are scrutinizing our application all of a sudden. Is that illegal for them to do it? NO. Can something be done to stop them? Certainly NOT. What could we have done to avoid getting into the soup? Should have seen this coming!!!!!!!!

    Unitednations,
    I read your replies and it seems you are ignoring some facts and are forming a one sided opinion.

    - Why did USCIS allow labor substitutions? Why did it take them so long to stop it? Why did they wait until after July 07 to stop it. Were they not allowing people to use this back door and lawyers to make money?

    - If consulting is a problem, what were they doing in the past few years? What are they doing now? Do you think just a few raids once is enough to stop the problem? Why can't they enforce their own laws so that they punish the companies and not the immigrants.

    - Why is USCIS making paperwork difficult. Why can't the system be simple like Canada or Australia so that we can do our own paperwork? Why are lawyers in the picture?

    - If they find problem in consulting, why are they not going after Tata, Wipro etc. Don't tell me these companies are clean?

    - Why is USCIS so disorganized without good IT. Do you think other agencies are also same? Do you think USCIS does not have enough money?

    - Why can't they ban DV lottery? But go after H1Bs.

    - Why can't ICE do their job of enforcement and round up illegals. If they were strict we will not have so many illegals or the problem of illegals.

    The questions will go on. But you need to step back and think more from the perspective of a applicant waiting for his GC or H1B .



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  • hpandey
    06-26 10:50 AM
    LOL. Why dont you throw in Armageddon, Knowing and Deep Impact. Those are also valid points since thats what can happen to the earth tommorow or the day after.

    Investment carries risk. Anyone who tells you otherwise is lying. I have lost money on other investments before, but that is what makes u grow smarter. You fall and you get back up and you know better the next time round.

    If you spend the rest of your life renting, the risk is 100%—you end up with nothing. I will take my chances investing my money in buying a home because its certainly better than losing 100%.

    :D Good points - ... Mr Hiralal seems to be digging up the worst case scenarios from everywhere in the media and now he has even turned to the movies . I watched Pacific Heights fifteen years back and Hiralal should realize that it was about a psycho and made for entertainment. Not to discourage people to rent .

    There are plenty of movies on bigger worst case scenarios like ValidIV mentions above but Hiralal please remember movies are made for entertainment ( except some movies of course ).





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  • JunRN
    09-26 08:03 PM
    Under the Democrats immigration principle, family members of EB GC applicants will be given GC but not count towards the 140,000 quota.



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  • purgan
    04-06 11:03 PM
    I don't think this bill is going to go anywhere, atleast in the Senate. Durbin and Grassley have long harbored anti-H1B feelings (Grassley is a restrictionist in general, while Durban is only pro-illegal), so no wonder IEEE and Prog Guild approached them to introduce this bill. The fininshing touch came when 60 engineer-lobbyists from IEEE came to Capitol Hill the week before to influence lawmakers...





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  • trictrac
    08-02 12:49 PM
    My case is intent-to-hire for 485, so my attorney just took 3 paystubs and 1 w2 for filing. Is that ok?



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  • unitednations
    03-25 04:05 AM
    As a matter of fact, any one if trained properly can do any job..
    So the requirement of basic education can be challenged for any position.. But Can CIS get in the way of running business decisions?? If any company (including consulting) wants to hire staff, shouldn't they have a say in who should be in their office?? If a staffing company policy is to only hire Post graduates, can CIS stop them? Isn't this too much intervention by government?

    Another point is Why this intepretation is different for non-consulting companies? If Cisco can mandate an FTE on H1B to be Masters, how come a consultant working for same Cisco need to prove that the position requires Masters?? What they are doing is wrong.. If some litigation lawyer can find a racially motivated pattern, they will be in big trouble.. Just my thoughts...

    That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.

    USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.

    Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.





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  • sledge_hammer
    03-24 07:14 PM
    Can you please explain how you conluded that my theory was its okay to copy (exploit loopholes) unless you get caught?

    Please point to the exact post of mine...

    Again, I am not defending anyone, I am saying that we should point all the consultanting...not just desi consulting ones...just don't descriminate...from your theory, it looks it is ok to copy unless you are caught.....I don't want to argue on this and deviate from the OP .



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  • GC_Geek
    08-02 10:26 AM
    I read this thread ONLY to not to miss any single word from US, no wonder.. his advises are indirectly helping many others like me in getting more understanding about what we are doing..
    Long live UN(even chain smoke cant distroy you ;) )

    Coming to my situatation,
    I came in July 2000, got job in Nov 2000. in 2002, I left for India to help my Dad who was hospitalized for Cancer. I came back in Dec'02 and have been on the payroll till today without fail.

    Once when I am applying for a H4 for my spouse, the US consulate at India issued a 221(g) to give the details about "Why the employee was paid less then the LCA promised wages?" In fact the officer didnt check all of the paperwork submitted, I had shown that I used FMLA (Family Medical Leave Act) to assisit my Dad. My spouse went on the next day, pulled out the same letters and my Dad's hospital bills and Doctor letters etc and shown, and got the Visa approved..

    So, folks who got their payroll significantly showing the gaps, please show the real reason, if you start covering up something, you will end up in the Original poster's spouse of this thread.

    Once again, thanks UN...
    -Geek...

    first i'll tell a brief story.

    I am a chain smoker. my brother is a ph.d who researches cancer. He told me I would die one day of cancer (thanked him for that advice). I told him that you gotta die one day.

    he is the only person who had this comeback. He said that is what everyone says until they are on their death bed.

    now; why is this story relevant? How comfortable are you in arguing this. I remember a long time ago a person had this query; and he responded that he was on medical leave. USCIS came back and asked for verification with medical records. Others tried to get letters from their employers saying they had extended absences, etc. but employers won't give the letters because they think they will be on hook for payment of wages to you if they give such a letter.

    It is not an easy thing to overcome or argue as one may think.





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  • mariner5555
    04-22 03:52 PM
    this is from schiller ..an economist ..I am sure he knows more about housing than others ..I guess this is a worse case scenario (if not the worst).

    http://biz.yahoo.com/ap/080422/economy_shiller.html?.v=2
    ----
    Economist cautions housing slump could exceed drop of the Great Depression, require bailouts

    NEW HAVEN, Conn. (AP) -- An influential economist who long predicted the housing market bubble cautioned Tuesday that the slump in the U.S. housing market could cause prices to fall more than they did in the Great Depression and bailouts will be needed so millions don't lose their homes.

    Yale University economist Robert Shiller, pioneer of the widely watched Standard & Poor's/Case-Shiller home price index, said there's a good chance housing prices will fall further than the 30 percent drop in the historic depression of the 1930s. Home prices nationwide already have dropped 15 percent since their peak in 2006, he said.

    "I think there is a scenario that they could be down substantially more," Shiller said during a speech at the New Haven Lawn Club.

    Shiller's Standard & Poor's/Case-Shiller home price index is considered a strong measure of home prices because it examines price changes of the same property over time, instead of calculating a median price of homes sold during the month.

    Shiller, who admitted he has a reputation for being bearish, said real estate cycles typically take years to correct.

    Home prices rose about 85 percent from 1997 to 2006 adjusted for inflation, the biggest national housing boom in U.S. history, Shiller said.

    "Basically we're in uncharted territory," Shiller said. "It seems we have developed a speculative culture about housing that never existed on a national basis before."

    Many people became convinced that housing prices would increase 10 percent annually, a notion Shiller called crazy.



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  • vallabhu
    04-06 11:52 PM
    My understanding H1 B employers (mostly desi companies) are root cause of this situation by abusing H1 b program, they have made enough money by sucking H1 employees blood, now hey are equally affected it is time for them to share some of it and fund all the efforts to curb these kind of Bills.

    Please forward the text of this bill to all your employers and ask them to join hands with IV.





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  • Macaca
    05-09 05:51 PM
    After bin Laden, U.S. Will Look East (http://www.realclearworld.com/articles/2011/05/06/after_bin_laden_us_will_look_east_99510.html) By Daniel Kilman | German Marshall Fund

    Al Qaeda's attacks against the United States on September 11, 2001, precipitated an unprecedented level of U.S. involvement in Afghanistan and neighboring Pakistan. With Afghanistan beset by a resurgent Taliban, and Pakistan increasingly unstable, the United States subsequently doubled down in this troubled region even as the Asia-Pacific became the locus of global economic growth and great-power military competition. Although U.S. troops will remain in Afghanistan for years to come, bin Laden's death heralds the beginning of the end of America's "Af-Pak" fixation. Increasingly, the United States will look eastward; Europe should as well.

    Many forget that, pre-September 11, America's strategic focus was gravitating toward Asia. Coming into office, President George W. Bush was determined to rethink how the United States managed China's rise, a development that posed a long-term challenge to American economic and military primacy. This determination was reinforced when a Chinese fighter jet rammed a U.S. spy plane in April 2001, resulting in a short-lived crisis. However, the terrorist attacks orchestrated by al Qaeda redirected the Bush administration toward Afghanistan and the larger Muslim world. Although America remained active in the Asia-Pacific throughout President Bush's tenure, the primary focus of U.S. strategy lay elsewhere.

    Like his predecessor, President Barack Obama entered the White House intending to prioritize the Asia-Pacific. Again, events intervened. To prevent the Taliban from solidifying control over large parts of Afghanistan, Obama authorized a surge of U.S. troops there and ratcheted up armed drone attacks against terrorist sanctuaries in Pakistan. Yet his commitment to reorienting the United States toward Asia appears to have never wavered. Prior to bin Laden's death, National Security Advisor Tom Donilon told The New Yorker that the United States was "overweighted" in the Middle East and Afghanistan and "underweighted" in the Asia-Pacific.

    The death of bin Laden in a shootout with U.S. special forces does not presage an imminent pullout from Afghanistan or a rapid drawdown in American assistance to Pakistan. The United States has committed itself to a "responsible transition" in Afghanistan and will retain a considerable military presence there in the years ahead. Terrorist networks that have metastasized within Pakistan over the past decade and now threaten the integrity of the state will not disband because of bin Laden's demise. Even if elements of the Pakistani government were complicit in hiding the leader of al Qaeda, the United States cannot risk lightly the collapse of a nuclear-armed state by cutting off foreign aid.

    At the same time, the completion of America's original mission in Afghanistan that bin Laden's death symbolizes will allow for a strategy that increasingly reflects the Asia-Pacific geography of U.S. interests. This shift will not occur overnight. For the moment, the revolutions rocking the Arab world will absorb U.S. attention. Nor will this shift automatically substitute China for al Qaeda as America's animating enemy, a development some in China may fear. In fact, the outlines of a U.S. reorientation toward Asia are already clear. The United States will strengthen existing alliances and strategic partnerships, forge new ones, and link like-minded nations together. To reinforce its military presence in the region, the United States will retain permanent bases, negotiate agreements for temporary access to facilities, and deploy more of its naval and air forces to the Indo-Pacific rim stretching from Japan and South Korea to Southeast Asia and the approaches to India. At the same time, the United States will pursue a reinvigorated trade agenda anchored by the Trans-Pacific Partnership talks that seek to lay the foundation for a free trade area spanning the Pacific Ocean. Lastly, Washington will continue to champion democracy and rule of law as universal norms that all countries in the region should embrace.

    U.S. rebalancing toward the Asia-Pacific will have significant repercussions for Europe. Over the past decade, Afghanistan has become a central theater for transatlantic security cooperation. The North Atlantic Treaty Organization will continue to operate in Afghanistan, but, in the future, the United States will increasingly look to Europe as a partner in Asia. Yet transatlantic cooperation in this region remains weak, and many in Europe continue to regard Asia primarily as a market rather than as the cockpit of international politics in the 21st century. This should change. Europe should anticipate America's eastward shift and begin to define a role in the Asia-Pacific that transcends trade.

    During the second half of the 20th century, the United States and Europe, acting in concert, transformed what was then the world's most important region-the North Atlantic. If Europe can join the United States and refocus on the Asia-Pacific, the transatlantic partners can shape this century's most vital region as well.

    Daniel M. Kliman is a Transatlantic Fellow for Asia at the German Marshall Fund of the United States


    Talking to China (http://www.nytimes.com/2011/05/08/opinion/08sun2.html) New York Times Editorial
    Chinese investors still searching for U.S. welcome mat (http://money.cnn.com/2011/05/04/news/international/chinese_investors_america.fortune/index.htm) By Sheridan Prasso | Fortune
    The U.S. must push back against China�s investment controls (http://www.washingtonpost.com/opinions/the-us-must-push-back-against-chinas-investment-controls/2011/05/06/AFoRjRTG_story.html) The Washington Post Editorial
    Renren, China�s Facebook, sells shares on NYSE
    But amid murky numbers and dubious accomplishments, is it really worth billions? (http://www.globalpost.com/dispatch/news/business-tech/110504/renren-china-facebook-nyse)
    By David Case | GlobalPost
    Can China's billions spur the next big idea? (http://in.reuters.com/article/2011/05/05/idINIndia-56786220110505) By Don Durfee and James Pomfret | Reuters
    The Rights and Wrongs of China�s Aid Policy (http://idsa.in/idsacomments/TheRightsandWrongsofChinasAidPolicy_gsingh_040511) By Gunjan Singh | The Institute for Defence Studies and Analyses
    China sees bright side of elite exodus (http://atimes.com/atimes/China/ME05Ad01.html) By Wu Zhong | Asia Times
    China Imposes Price Controls, Informally (http://blogs.forbes.com/gordonchang/2011/05/08/china-imposes-price-controls-informally/) By Gordon Chang | Forbes



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  • s_r_e_e
    07-14 04:29 PM
    What would happen this time before it retrogress again is, some low hanging EB2s from 2005 end & 2006 will get GC while many 2002 & 2003 EB2 are still waiting. More frustration and even more stress with tracking , soft LUDs, Hard LUDs, info pass , uscis calls!! what a mess!





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  • kaisersose
    04-15 04:43 PM
    one last addition ..I guess builders are normally the optimistic lot even when things are bad ..and they seem unhappy now (which means happier days are ahead for fence sitters like me (who are waiting for a GC by the way before looking)
    http://www.cnbc.com/id/24129427 ..

    ----------
    Fitch Ratings said in a conference call Tuesday that the housing sector is likely to continue to contract throughout 2008, and could worsen further in 2009 if the economy slides into a sharp recession. The ratings agency said low mortgage rates, cheaper home prices and government proposals to aid the ailing industry will not be enough to spark a turnaround.

    "Despite a few steps in the right direction, U.S. housing remains mired in a steep cyclical decline, with more pain likely for U.S. homebuilders through 2008," said Fitch homebuilding analyst Robert Curran

    I suggest you stop looking at national level figures if you are seeking accurate information. Look at the specific neighborhood you have mind and you may find that the situation there is not exactly what is shown on CNN.

    As an example the DFW area is doing alright inspite of the gloomy picture painted by the media at the national level. Used homes will take longer to sell, but it is nowhere as bad as Florida or CA. And we are not discussing selling here anyway...we are discussing buying.





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  • nk2006
    06-01 04:49 PM
    All these cable channels are after "ratings". Now that Bush administration has low popular support (based on surveys), these guys saw an opportunity to rouse people emotions and get some better ratings (different kind of vultures). Immigration is always a touchy subject at any time and at any place. Its easy to blame "aliens" for all the current problems. Many people can fall prey to this if they are not well informed. Its very unfortunate and sad that even major media houses are hosting these opportunistic journos. Sure immigration has to be discussed with different view points and should be analyzed to see how it impact's the country but these self-appointed crusaders give blatant misinformation. Even more sad is giving absurd figures/data and claim that its from "independent research".

    Low Dobbs was never a known journalist until he started this rant. The most hilarous part of his show is that question of the day part. He "conveniently" frames the questions to get a desired answer (everyone know who watch and also vote those questions) and then even quotes the result as a support of what he is saying (its obvious he didnt take stats101). As someone else mentioned on another thread its best to just ignore what he says - he dont add any value to any serious discussion.

    Its also MSNBC. Just look at Tucker Carlson and Joe Scarborough.

    If you hear Tucker Carlson on MSNBC, he sounds like the protege of Jeff Sessions.

    However, one difference between Tucker Carlson and Lou Dobbs. Tucker supports(or atleast pretends to support) the legal variety.

    Lou Dobbs openly opposes all immigration.





    mariner5555
    04-09 07:29 AM
    We've met with a lot of law makers and their aids, and really the housing down turn is not an argument for GC that is productive to use. If I get 30 minutes with a law maker's aid, each minute is valuable I can muster many more compelling arguments in that time.

    So to answer your question: yes IV has considered this, but only for about 2 seconds. It is something that is not worth raising with law makers or media.


    o.k. ..Thanks.
    In that case, I honestly don't know why a lawmaker would care much about faster GC processing. if I was a lawmaker and someone comes to me complaining about USCIS - I would think in my mind "hey that is the system ..live with it". I would think the lawmaker would be thinking about other things (like having fun :-)) ..or taking care of the lobbyists who give them donations.
    ..I guess the only other hope would be if other countries in europe start giving super fast blue cards and the talent starts to go there. unless there is urgency the system will never change. even the namechecks were relaxed because of lawsuits.
    I guess the only silver lining is that I will continue to rent (become richer ;-) and have fun while watching the home prices go down and down)





    senthil1
    05-16 11:40 AM
    My view is not based on my personal gain or loss. My view is even if they ban consulting H1b numbers will not be reduced so much and cap will be reached. Number of permanent jobs will increase and they will hire H1b only when there is real shortage. Why do you think IEEE-USA members are undeserving and lazy just because they are interesting to put restrictions in H1b? Infact they are interested in more green cards. We are appreciating. Just because they are pointing out some problems in the program we cannot brand them as anti immigrants or lazy people. We ourself know that there are some issues in the program. While we were studying in the college it was big achivement if our research article comes into IEEE. So IEEE is considered as one of world best academic association.

    It is not TCS,Infy,Wipro is causing delay to GC. Infact I worked one of those companies and still they are one of best in India. Still I may work those companies if I go to India.

    If there is real shortage of skilled people then we will pass all the tests which are given in Durbin proposal and we can get H1b. What is the problem in accepting? Infact I am not supporting Ban of H1b on consulting but other than that everything can be fine and easily passed by most of H1b persons. Anyhow it is my personal view and IV view is different. As a pro immigrant organization we cannot support any anti immigrant bill.

    oh really!!! Your argument is exactly the same arguments used by lazy and undeserving members of IEEE-USA who simply want to eliminate their competition from the younger and more dynamic engineers from the other parts of the world. They also think that if H-1B folks will not come they will get all the jobs and their rate will go from $100/hr to $200/hr. You seem to think that Durbin-Grassley bill will create more permanent jobs for you. Why is there such a strange similarity between yours and IEEE-USA's thinking?

    Companies will survive and they are good with that. Let’s worry about our survival rather than the survival of TCS, Infy etc.



    Again, strangely enough, your views are identical to the views of IEEE-USA. The fact is, "more money" will be there for very small time. And then jobs will be outsourced to the person who would have come here to do the same job. In the final analysis, Durbin-Grassley bill only delays the demand and supply meeting each other for couple of months. But in the new setup, Durbin-Grassley bill is making sure that the job is outsourced for ever. True, before the job is outsourced, there will be "more money" and "more jobs" for small window of time. But then, it will be NO job till eternity. Its like, you can either be satisfied with the golden egg each week or you could choose to kill the hen that gives you the golden egg.


    You will then join a permanent job and whine about someone laughing at you when you pass though the hall-way or not looking at you in the meetings when you are talking. So the bottom line is, there will then be different kind of abuse and exploitation. What will you do then? Maybe you could go to Durbin-Grassley again after a year and ask them to pass another bill to protect us from the "abusive" way someone laughs when you walk though the hall-way. I am sure IEEE-USA will help to promote a bill to protect ALL of us from such an "abuse".



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