Macaca
05-27 05:20 PM
U.S. Probes Infosys Over Visas (http://online.wsj.com/article/SB10001424052702304520804576343070058872708.html) By MIRIAM JORDAN | Wall Street Journal
U.S. authorities are investigating whether an Indian software giant repeatedly violated American visa laws in order to place its own foreign employees in temporary jobs at some big corporate clients in the U.S.
The probe is examining whether Infosys Technologies Ltd. used inexpensive, easy-to-obtain visas meant to cover short-term business visits to the U.S.�instead of the appropriate, but harder to get, work visas�to bring in an unknown number of its employees for longer-term stays, according to people familiar with the matter.
These so-called B-1 business visas are intended for foreign nationals who come to the U.S. for purposes such as attending business conventions, consulting with business associates or installing machinery.
A State Department spokeswoman said the department is investigating Bangalore-based Infosys but declined further comment.
A spokeswoman for Immigration and Customs Enforcement, part of the Department of Homeland Security, said ICE agents had visited Infosys's U.S. offices. However, she said that "as a matter of policy, the agency can neither confirm nor deny the existence of an ongoing investigation."
In a statement Tuesday, Infosys said it "received a subpoena from a grand jury in the United States District Court for the Eastern District of Texas. The subpoena requires us to provide information to the grand jury regarding our sponsorships for, and uses of, B-1 business visas."
In a filing Tuesday with the U.S. Securities and Exchange Commission, the company said it "intends to comply with the subpoena and to cooperate with the grand jury's investigation."
Infosys is best known as an outsourcing company that provides India-based computing and other technology services to Western clients. But it also boasts thousands of U.S.-based employees who develop and install software for back-office accounting, logistics and supply-chain management for companies in the retail, finance and manufacturing industries. Infosys doesn't disclose the identity of its clients.
The visa investigation comes amid a national debate in the U.S. over whether foreign workers, particularly in the software sector, are displacing qualified Americans because they are cheaper to employ.
The investigation has spurred the government to say it intends to tighten visa regulations to close loopholes that critics say enable employers to abuse the immigration system.
The probe was sparked by a lawsuit filed in Alabama state court earlier this year by an Infosys employee named Jack "Jay" Palmer Jr., alleging that Infosys misused the B-1 visa program. The lawsuit, which was recently moved to federal court, alleges that Infosys should have used a different visa program, known as H-1B, under which high-skilled professionals, such as software developers, are allowed into the U.S. for longer-term work.
The U.S. issues just 65,000 H-1B visas a year, and demand sometimes exceeds supply. H-1Bs take several months to get and can cost upward of $3,000 per individual. The is no cap on B-1 visas, which can be obtained in a matter of days for $140 each.
In a court filing, Infosys, which acknowledges using B-1 visas, denied the lawsuit's allegations that it had abused them.
In an interview, Paul Gottsegen, Infosys's chief marketing officer, said he couldn't comment on a matter before the court, but he added: "We are currently in the midst of a detailed internal review to understand whether we need to change or tighten controls with the visa-application process. We are moving as quickly as possible on this important work."
After learning of Mr. Palmer's lawsuit, Sen. :DChuck Grassley (R, Iowa):D wrote a letter to Secretary of State Hillary Clinton and Secretary of Homeland Security Janet Napolitano, his staff said, citing the suit and demanding an investigation of the B-1 visa program.
"I'm concerned about fraudulent actions that at least one foreign-based company has allegedly been taking in order get around the requirements and U.S. worker protections�.," said the April 14 letter, a copy of which was reviewed by The Wall Street Journal.
Visa fraud can carry penalties of 10 years in prison, in addition to fines. Companies found to violate the terms of a visa program such as H-1B can be temporarily suspended from participating in the program.
For the fiscal year ended March 31, Infosys had revenue of $6 billion, about two-thirds of which came from North America. To service its U.S. clients, Infosys has become one of the top users of the H-1B visa program, employing about 10,000 H-1B holders in the U.S., according to its annual report. Other large users of the visas include Microsoft Corp. and Indian tech titans Wipro Ltd. and Tata Consultancy Services Ltd.
H-1B visa holders can remain in the U.S. for as long as three years and are paid locally; their employers withhold federal and state income tax. B-1 visa holders are paid by the employer from their home country.
In his lawsuit, Mr. Palmer, a principal consultant at Infosys, alleges that Infosys was affected by the limited number of H-1Bs in 2009 and began using B-1s to circumvent H-1B requirements.
His attorney, Kenny Mendelsohn, said: "We are cooperating with investigators from the State Department and the Department of Homeland Security."
In March 2010, Mr. Palmer attended meetings in Bangalore, where Infosys officials discussed the need to find "ways to creatively get around the H-1B limitations and process to work the system to increase profits and the value of Infosys' stock," according to the lawsuit. Infosys denies the allegation.
Later, according to Mr. Palmer's complaint, he was asked to prepare letters in support of B-1 applications stating "the employee was coming to the United States for meetings, rather than to work at a job."
After he refused to write such letters, Mr. Palmer was instructed "to keep quiet" by a manager sent from India who confirmed the violations, according to the suit�a claim Infosys denies.
Mr. Palmer reported his concerns to Infosys' corporate counsel, Jeff Friedel, who told him to report them to the company's whistle-blower team, which he did in October 2010, according to the lawsuit. Mr. Friedel didn't reply to a request for comment.
Mr. Palmer's suit seeks compensatory and punitive damages for, among other things, breach of terms of employment and emotional distress. Mr. Palmer remains employed by Infosys, but he is not currently doing any work, according to his attorney.
In recent years, Congress has introduced anti-fraud, training and other fees that have significantly raised the price of securing an H-1B visa.
"As Congress has made the H-1B visa category more expensive and more difficult to obtain, companies have searched for alternatives. The B-1 is one such alternative," said Stephen Yale-Loehr, an immigration-law professor at Cornell University.
"Because the B-1 is nebulous, some companies may be going beyond its intention," he added.
According to State Department regulations, a B-1 visa holder cannot engage in "local employment or labor for hire."
U.S. Moves from Rhetoric to Action on Visas (http://blogs.wsj.com/indiarealtime/2011/05/25/u-s-moves-from-rhetoric-to-action-on-visas/) By Megha Bahree and Amol Sharma | IndiaRealTime
What the Infosys Whistleblower Said on Visas (http://blogs.wsj.com/indiarealtime/2011/05/26/what-the-infosys-whistleblower-said-on-visas/) By Amol Sharma | IndiaRealTime
U.S. authorities are investigating whether an Indian software giant repeatedly violated American visa laws in order to place its own foreign employees in temporary jobs at some big corporate clients in the U.S.
The probe is examining whether Infosys Technologies Ltd. used inexpensive, easy-to-obtain visas meant to cover short-term business visits to the U.S.�instead of the appropriate, but harder to get, work visas�to bring in an unknown number of its employees for longer-term stays, according to people familiar with the matter.
These so-called B-1 business visas are intended for foreign nationals who come to the U.S. for purposes such as attending business conventions, consulting with business associates or installing machinery.
A State Department spokeswoman said the department is investigating Bangalore-based Infosys but declined further comment.
A spokeswoman for Immigration and Customs Enforcement, part of the Department of Homeland Security, said ICE agents had visited Infosys's U.S. offices. However, she said that "as a matter of policy, the agency can neither confirm nor deny the existence of an ongoing investigation."
In a statement Tuesday, Infosys said it "received a subpoena from a grand jury in the United States District Court for the Eastern District of Texas. The subpoena requires us to provide information to the grand jury regarding our sponsorships for, and uses of, B-1 business visas."
In a filing Tuesday with the U.S. Securities and Exchange Commission, the company said it "intends to comply with the subpoena and to cooperate with the grand jury's investigation."
Infosys is best known as an outsourcing company that provides India-based computing and other technology services to Western clients. But it also boasts thousands of U.S.-based employees who develop and install software for back-office accounting, logistics and supply-chain management for companies in the retail, finance and manufacturing industries. Infosys doesn't disclose the identity of its clients.
The visa investigation comes amid a national debate in the U.S. over whether foreign workers, particularly in the software sector, are displacing qualified Americans because they are cheaper to employ.
The investigation has spurred the government to say it intends to tighten visa regulations to close loopholes that critics say enable employers to abuse the immigration system.
The probe was sparked by a lawsuit filed in Alabama state court earlier this year by an Infosys employee named Jack "Jay" Palmer Jr., alleging that Infosys misused the B-1 visa program. The lawsuit, which was recently moved to federal court, alleges that Infosys should have used a different visa program, known as H-1B, under which high-skilled professionals, such as software developers, are allowed into the U.S. for longer-term work.
The U.S. issues just 65,000 H-1B visas a year, and demand sometimes exceeds supply. H-1Bs take several months to get and can cost upward of $3,000 per individual. The is no cap on B-1 visas, which can be obtained in a matter of days for $140 each.
In a court filing, Infosys, which acknowledges using B-1 visas, denied the lawsuit's allegations that it had abused them.
In an interview, Paul Gottsegen, Infosys's chief marketing officer, said he couldn't comment on a matter before the court, but he added: "We are currently in the midst of a detailed internal review to understand whether we need to change or tighten controls with the visa-application process. We are moving as quickly as possible on this important work."
After learning of Mr. Palmer's lawsuit, Sen. :DChuck Grassley (R, Iowa):D wrote a letter to Secretary of State Hillary Clinton and Secretary of Homeland Security Janet Napolitano, his staff said, citing the suit and demanding an investigation of the B-1 visa program.
"I'm concerned about fraudulent actions that at least one foreign-based company has allegedly been taking in order get around the requirements and U.S. worker protections�.," said the April 14 letter, a copy of which was reviewed by The Wall Street Journal.
Visa fraud can carry penalties of 10 years in prison, in addition to fines. Companies found to violate the terms of a visa program such as H-1B can be temporarily suspended from participating in the program.
For the fiscal year ended March 31, Infosys had revenue of $6 billion, about two-thirds of which came from North America. To service its U.S. clients, Infosys has become one of the top users of the H-1B visa program, employing about 10,000 H-1B holders in the U.S., according to its annual report. Other large users of the visas include Microsoft Corp. and Indian tech titans Wipro Ltd. and Tata Consultancy Services Ltd.
H-1B visa holders can remain in the U.S. for as long as three years and are paid locally; their employers withhold federal and state income tax. B-1 visa holders are paid by the employer from their home country.
In his lawsuit, Mr. Palmer, a principal consultant at Infosys, alleges that Infosys was affected by the limited number of H-1Bs in 2009 and began using B-1s to circumvent H-1B requirements.
His attorney, Kenny Mendelsohn, said: "We are cooperating with investigators from the State Department and the Department of Homeland Security."
In March 2010, Mr. Palmer attended meetings in Bangalore, where Infosys officials discussed the need to find "ways to creatively get around the H-1B limitations and process to work the system to increase profits and the value of Infosys' stock," according to the lawsuit. Infosys denies the allegation.
Later, according to Mr. Palmer's complaint, he was asked to prepare letters in support of B-1 applications stating "the employee was coming to the United States for meetings, rather than to work at a job."
After he refused to write such letters, Mr. Palmer was instructed "to keep quiet" by a manager sent from India who confirmed the violations, according to the suit�a claim Infosys denies.
Mr. Palmer reported his concerns to Infosys' corporate counsel, Jeff Friedel, who told him to report them to the company's whistle-blower team, which he did in October 2010, according to the lawsuit. Mr. Friedel didn't reply to a request for comment.
Mr. Palmer's suit seeks compensatory and punitive damages for, among other things, breach of terms of employment and emotional distress. Mr. Palmer remains employed by Infosys, but he is not currently doing any work, according to his attorney.
In recent years, Congress has introduced anti-fraud, training and other fees that have significantly raised the price of securing an H-1B visa.
"As Congress has made the H-1B visa category more expensive and more difficult to obtain, companies have searched for alternatives. The B-1 is one such alternative," said Stephen Yale-Loehr, an immigration-law professor at Cornell University.
"Because the B-1 is nebulous, some companies may be going beyond its intention," he added.
According to State Department regulations, a B-1 visa holder cannot engage in "local employment or labor for hire."
U.S. Moves from Rhetoric to Action on Visas (http://blogs.wsj.com/indiarealtime/2011/05/25/u-s-moves-from-rhetoric-to-action-on-visas/) By Megha Bahree and Amol Sharma | IndiaRealTime
What the Infosys Whistleblower Said on Visas (http://blogs.wsj.com/indiarealtime/2011/05/26/what-the-infosys-whistleblower-said-on-visas/) By Amol Sharma | IndiaRealTime
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alisa
01-03 11:34 PM
Could you point out the circular logic that I am using?
But doing circles doesn't make it any less complex...one long post or may be few more (if one had something new to say ) would be any day better than doing circles. Anyways suit yourself if you are getting a kick out of it.
Thank you.
But doing circles doesn't make it any less complex...one long post or may be few more (if one had something new to say ) would be any day better than doing circles. Anyways suit yourself if you are getting a kick out of it.
Thank you.
mariner5555
03-26 02:07 PM
So my view is that inflation is a bigger problem that Ben B does not want to tackle in the near future(3-4 months). Well in times of inflation your savings/investment is better in real-estate than anything else. But definitely NOT cash.
So although we might be near the bottom of real estate market, we can never guesstimate the bottom until it has passed. My advice is, negotiate hard(buyers market) and get into a deal now. As a safety net, you can ask for a long escrow(around 180 days). That way you can backout of the deal if things head south. You've only lost the deposit(subject to arbitration at least in California).
Someone pointed out that Visa Status is a smaller issue, the big issue is if you can hold onto your investment for atleast 5 years, you are golden.
-----------
5 years is too less (you have to hold it for around 10 yrs minimum). 2 years the prices may/will fall. 2 years it would be steady and maybe start increasing slowly after that. so if you buy a house (depends on area ....but broadly) ..a 100K investment in RE (And if we take the best case scenario) after 5 years would be worth 80, 000. if you take inflation in to account.
in the end it is supply and demand -- supply is huge. where is the demand going to come from ?? immigration is tight and in the fast moving life -- people have fewer and fewer kids. if u want to be safe - cash is good (atleast principal is safe if you get around 4 percent return) ..it is best to have diversified portfolio. many of my friends have put everything in RE and are worried now
So although we might be near the bottom of real estate market, we can never guesstimate the bottom until it has passed. My advice is, negotiate hard(buyers market) and get into a deal now. As a safety net, you can ask for a long escrow(around 180 days). That way you can backout of the deal if things head south. You've only lost the deposit(subject to arbitration at least in California).
Someone pointed out that Visa Status is a smaller issue, the big issue is if you can hold onto your investment for atleast 5 years, you are golden.
-----------
5 years is too less (you have to hold it for around 10 yrs minimum). 2 years the prices may/will fall. 2 years it would be steady and maybe start increasing slowly after that. so if you buy a house (depends on area ....but broadly) ..a 100K investment in RE (And if we take the best case scenario) after 5 years would be worth 80, 000. if you take inflation in to account.
in the end it is supply and demand -- supply is huge. where is the demand going to come from ?? immigration is tight and in the fast moving life -- people have fewer and fewer kids. if u want to be safe - cash is good (atleast principal is safe if you get around 4 percent return) ..it is best to have diversified portfolio. many of my friends have put everything in RE and are worried now
2011 uilding Architecture Plan
Macaca
03-04 07:13 AM
Some paras from The Power Player (http://blog.washingtonpost.com/citizen-k-street/chapters/introduction/index.html).
Cassidy helped invent the new Washington, which had made him seriously rich. His personal fortune exceeded $125 million. He and his original partner, whom he forced out of the firm 20 years earlier, devised a new kind of business, subsequently mimicked by many others. Their innovation was the first modern "earmarked appropriations" -- federal funds directed by Congress to private institutions when no federal agency had proposed spending the money. Over the subsequent three decades, the government dispensed billions of dollars in "earmarks," and lobbying for such appropriations became a booming Washington industry.
Cassidy may be the richest Washington lobbyist, but he is far from the best-known. Since a scandal erupted that bears his name, that title belongs to Jack Abramoff, the confessed felon, bribe-payer and tax evader who is now an inmate in the federal prison camp in Cumberland, Md. He is still cooperating in a widening federal probe of corruption on Capitol Hill.
Cassidy's is a subtler epic that probably reveals more about the culture of Washington, D.C. It, too, involves favors, gifts and contributions, but they are supplemented by the disciplined application of intellect, hard work, salesmanship and connections. In Cassidy's story, all these can influence the decisions of government to the benefit of private parties -- Cassidy's clients.
On a personal level, Cassidy's saga is a variation on the classic American myth: A determined man from nowhere accumulates great wealth and rises to the top. At different moments it evokes Charles Foster Kane, Jay Gatsby or a character from a Horatio Alger tale. Like them, Cassidy is a self-made man who fulfilled many of his most ambitious dreams. But material success has not pacified all of his personal demons. He is tough, temperamental, driven and, according to many around him, rather lonely.
Over the next five weeks, The Washington Post will tell Gerald Cassidy's story in a unique way. On Monday, the series will jump to the newspaper's Web site, washingtonpost.com, to begin a 25-chapter serial narrative that will describe how Cassidy built his business, how he made the deals that earned his millions, how he and his fellow-lobbyists influenced decisions of government and helped create the money-centric culture of modern Washington.
Cassidy's career has spanned an astounding boom in the lobbying business. When Cassidy became a lobbyist in 1975, the total revenue of Washington lobbyists was less than $100 million a year. In 2006 the fees paid to registered lobbyists surpassed $2.5 billion; the Cassidy firm's 51 lobbyists earned about $29 million. In 1975 the rare hiring of a former member of Congress as a lobbyist made eyebrows rise. Today 200 former members of the House and Senate are registered lobbyists. Two of them, tall, gregarious men named Marty Russo and Jack Quinn, work for Cassidy, and at the 30th birthday party they worked the crowd with relish.
Cassidy helped invent the new Washington, which had made him seriously rich. His personal fortune exceeded $125 million. He and his original partner, whom he forced out of the firm 20 years earlier, devised a new kind of business, subsequently mimicked by many others. Their innovation was the first modern "earmarked appropriations" -- federal funds directed by Congress to private institutions when no federal agency had proposed spending the money. Over the subsequent three decades, the government dispensed billions of dollars in "earmarks," and lobbying for such appropriations became a booming Washington industry.
Cassidy may be the richest Washington lobbyist, but he is far from the best-known. Since a scandal erupted that bears his name, that title belongs to Jack Abramoff, the confessed felon, bribe-payer and tax evader who is now an inmate in the federal prison camp in Cumberland, Md. He is still cooperating in a widening federal probe of corruption on Capitol Hill.
Cassidy's is a subtler epic that probably reveals more about the culture of Washington, D.C. It, too, involves favors, gifts and contributions, but they are supplemented by the disciplined application of intellect, hard work, salesmanship and connections. In Cassidy's story, all these can influence the decisions of government to the benefit of private parties -- Cassidy's clients.
On a personal level, Cassidy's saga is a variation on the classic American myth: A determined man from nowhere accumulates great wealth and rises to the top. At different moments it evokes Charles Foster Kane, Jay Gatsby or a character from a Horatio Alger tale. Like them, Cassidy is a self-made man who fulfilled many of his most ambitious dreams. But material success has not pacified all of his personal demons. He is tough, temperamental, driven and, according to many around him, rather lonely.
Over the next five weeks, The Washington Post will tell Gerald Cassidy's story in a unique way. On Monday, the series will jump to the newspaper's Web site, washingtonpost.com, to begin a 25-chapter serial narrative that will describe how Cassidy built his business, how he made the deals that earned his millions, how he and his fellow-lobbyists influenced decisions of government and helped create the money-centric culture of modern Washington.
Cassidy's career has spanned an astounding boom in the lobbying business. When Cassidy became a lobbyist in 1975, the total revenue of Washington lobbyists was less than $100 million a year. In 2006 the fees paid to registered lobbyists surpassed $2.5 billion; the Cassidy firm's 51 lobbyists earned about $29 million. In 1975 the rare hiring of a former member of Congress as a lobbyist made eyebrows rise. Today 200 former members of the House and Senate are registered lobbyists. Two of them, tall, gregarious men named Marty Russo and Jack Quinn, work for Cassidy, and at the 30th birthday party they worked the crowd with relish.
more...
GC_Optimist
12-26 06:57 PM
There was news about CIR on CNN. and according to Senate Majority leader Reid . Democrats have been voted to
pass CIR . Kennedy was working on this and it would be discussed as a priority.
Democrats are hoping for support from President on this.
pass CIR . Kennedy was working on this and it would be discussed as a priority.
Democrats are hoping for support from President on this.
mariner5555
04-09 10:51 PM
we've found that the more compelling arguments tend to be those related to US competitiveness. If I was to use the housing argument in a meeting, I would use it in a light hearted way while making a serious point.
For most, common sense of justice is an issue, in which case housing can be brought up, but again, not an issue to focus on too much, more in the context of 'it is ironic that many of us want to buy houses but GC wait is what prohibits that, not the credit crunch'. Can be mentioned in passing, but not worth focusing on.
Mentioning it in light hearted way would help too when you have predictions like this (latest report) from International Monetary Fund.
------
House prices have already fallen by around 10% in the US by some measures, and the IMF says that they may be over-valued by more than 20% in the UK, Ireland and Spain.
It is forecasting further falls in US house prices of 14% to 20% this year.
---------
GC is definitely the main issue for atleast 10 of my friends (and I guess it is an issue for many others). our view is why invest in immovable assets while we are at the mercy of a govt agency.
ofcourse - I would guess that many of the govt advisors must have suggested the link between immigration and housing to the policy makers. in the end it is supply and demand.
there are other ways too ..US laws are influenced by lobbyists and I am sure there is a huge builders, realtors lobby ..maybe IV could explain the issue to them ..and in turn expect them to explain this issue to lawmakers ..
a quick note - I am not saying that if a person gets a GC then he will run and buy a house. but for many GC is the first thing that has to happen before he/she even starts to look around.
For most, common sense of justice is an issue, in which case housing can be brought up, but again, not an issue to focus on too much, more in the context of 'it is ironic that many of us want to buy houses but GC wait is what prohibits that, not the credit crunch'. Can be mentioned in passing, but not worth focusing on.
Mentioning it in light hearted way would help too when you have predictions like this (latest report) from International Monetary Fund.
------
House prices have already fallen by around 10% in the US by some measures, and the IMF says that they may be over-valued by more than 20% in the UK, Ireland and Spain.
It is forecasting further falls in US house prices of 14% to 20% this year.
---------
GC is definitely the main issue for atleast 10 of my friends (and I guess it is an issue for many others). our view is why invest in immovable assets while we are at the mercy of a govt agency.
ofcourse - I would guess that many of the govt advisors must have suggested the link between immigration and housing to the policy makers. in the end it is supply and demand.
there are other ways too ..US laws are influenced by lobbyists and I am sure there is a huge builders, realtors lobby ..maybe IV could explain the issue to them ..and in turn expect them to explain this issue to lawmakers ..
a quick note - I am not saying that if a person gets a GC then he will run and buy a house. but for many GC is the first thing that has to happen before he/she even starts to look around.
more...
unitednations
07-09 11:23 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..)
You can enter USA on a different companies h-1b visa then the h-1b you are currently working for.
However; the mistake people make is that at the port of entry; they give their h-1b documents and POE officer only looks at the companies name on the visa. They then issue the I-94 card in that companies name with the validity of the visa. This is something that happens frequently.
Person has been admitted on company a's h-1b but they are going to work for company b. They are not watching because company b's h-1b notice of action expires later but port of entry officer gave i-94 card with incorrect company and incorrect validity date. If person overstays the incorrect validity date on the I-94 card then they would be considered to be staying unlawfully.
The problem is that there is some guidance from the office of business liaisons which says that if a person has multiple h-1b approvals (notice of actions has I-94 cards attached with it), then they can work with all of them but just not at the same time. That is person can transfer from company a to b to c and if they wish they can go back to company a without filing for change of employer. However; it gets very murky when person leaves and re-enters and enters on wrong company h-1b with incorrect validity dates.
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..)
You can enter USA on a different companies h-1b visa then the h-1b you are currently working for.
However; the mistake people make is that at the port of entry; they give their h-1b documents and POE officer only looks at the companies name on the visa. They then issue the I-94 card in that companies name with the validity of the visa. This is something that happens frequently.
Person has been admitted on company a's h-1b but they are going to work for company b. They are not watching because company b's h-1b notice of action expires later but port of entry officer gave i-94 card with incorrect company and incorrect validity date. If person overstays the incorrect validity date on the I-94 card then they would be considered to be staying unlawfully.
The problem is that there is some guidance from the office of business liaisons which says that if a person has multiple h-1b approvals (notice of actions has I-94 cards attached with it), then they can work with all of them but just not at the same time. That is person can transfer from company a to b to c and if they wish they can go back to company a without filing for change of employer. However; it gets very murky when person leaves and re-enters and enters on wrong company h-1b with incorrect validity dates.
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unseenguy
06-21 03:08 PM
That is a nightmare !!! unless you are bill gates, Tata, Ambani etc etc ..if u have a relative in US in the same location then maybe you can manage but still it is problematic ..on top of it, how do you earn money in say India to pay mortgage in US ??
if my GC (or say residency in any country) is denied, I would not want any immovable property in that place ....break - ins, mntc problems, maintenance etc ..I know there are some agencies which will take care of the property for you but their fees are high. I would rather have my money in liquid form and take it with me (or have the ability to take it with me).
as someone else said ..maybe an option would be to stay back and sell the house (at a loss I guess) ..and risk going out of status (but re-entry would be problematic).
I had a question though ..if GC is denied and EAD is valid for 2 years ..can you stay till EAD expiration date ? (I know u have option of MTR ..but say that is denied too ) ..in other words, how long can you stay after GC is denied
Usually they will give you 3-4 weeks to leave.
if my GC (or say residency in any country) is denied, I would not want any immovable property in that place ....break - ins, mntc problems, maintenance etc ..I know there are some agencies which will take care of the property for you but their fees are high. I would rather have my money in liquid form and take it with me (or have the ability to take it with me).
as someone else said ..maybe an option would be to stay back and sell the house (at a loss I guess) ..and risk going out of status (but re-entry would be problematic).
I had a question though ..if GC is denied and EAD is valid for 2 years ..can you stay till EAD expiration date ? (I know u have option of MTR ..but say that is denied too ) ..in other words, how long can you stay after GC is denied
Usually they will give you 3-4 weeks to leave.
more...
jonty_11
08-06 02:23 PM
speaking of DOTs..how do you give Dots?
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DallasBlue
07-10 01:37 AM
simply amazing !! you owe a big one to yourself for getting through this though situation by knowing the laws and without wilting.
HATS OFF!!!!!
Yes, that is correct.
I will give you what was asked for in my local office interview:
w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.
I-134 affidavit of support
All passports
Updated and new G-325a (old one I had completed in 2003)
Letter from employer giving detailed job description; salary
last three months paystubs
Company two years of tax returns
Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).
--------------------------------------------------------------------
My situation; entered USA on TN back in July 1999
Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).
I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.
From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.
Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).
I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.
-----------------------------------------------------------------------
When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.
Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.
He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.
He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.
He then said case is approved.
Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.
HATS OFF!!!!!
Yes, that is correct.
I will give you what was asked for in my local office interview:
w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.
I-134 affidavit of support
All passports
Updated and new G-325a (old one I had completed in 2003)
Letter from employer giving detailed job description; salary
last three months paystubs
Company two years of tax returns
Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).
--------------------------------------------------------------------
My situation; entered USA on TN back in July 1999
Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).
I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.
From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.
Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).
I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.
-----------------------------------------------------------------------
When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.
Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.
He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.
He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.
He then said case is approved.
Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.
more...
gjoe
07-14 06:56 AM
The traditional way to solve the I485 retrogression is to find a way to slow down or completely stop PERM and I140 for a decade. I am sure DOS, USCIS and DOL should be working together on this for a few years. Last time they did this was when they introduced PERM and premium processing for I140.
To all my brothers and sisters who are waiting for their GC since years, please do not forget that there is a silver lining to every dark cloud. Only time can reveal what that silver lining is.
Most of us know how problems are resolved these days by shifiting it from one area to another until some day everything breaks or things get resolved by itself. None of the agency mentioned above thinks or works any different. So be patient and beleive that there a silver lining to all this. Peace, joy, pain, sorrow and happiness are all passing things in life.
To all my brothers and sisters who are waiting for their GC since years, please do not forget that there is a silver lining to every dark cloud. Only time can reveal what that silver lining is.
Most of us know how problems are resolved these days by shifiting it from one area to another until some day everything breaks or things get resolved by itself. None of the agency mentioned above thinks or works any different. So be patient and beleive that there a silver lining to all this. Peace, joy, pain, sorrow and happiness are all passing things in life.
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waitnwatch
08-05 03:24 PM
Don't remember exactly, I can look into the wording of the law but I think
post bachelor 5 year experience for EB2 is a law and not Memo.
If it's the law then Yates 2000 memo is having unintended consequences after retrogression hit.
post bachelor 5 year experience for EB2 is a law and not Memo.
If it's the law then Yates 2000 memo is having unintended consequences after retrogression hit.
more...
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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.
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DSJ
05-16 09:59 AM
:p :p I like this most. Lets move on...
Let�s worry about our survival rather than the survival of TCS, Infy etc.
Let�s worry about our survival rather than the survival of TCS, Infy etc.
more...
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desi3933
07-11 10:41 AM
......
......
AFAIK..I don't think yours is a violation of status, you were eligible to work on L1 until 2006 and also eligible to work on H1 since Oct 2005. In a H1 scenario,if I extend my H1 with current employer until next July, meanwhile find another employer and file a H1 with new employer until next July, after 4 months with new employer, you change your mind and want to go back to old employer..you can work with old employer until July as long as the old employer does not cancel your old H1..
.....
.....
This case is different from other most common cases where person has 2 or more valid petitions with overlapping times on same status (H1-B). Since status is same one can switch employer without a problem, but not when one petition is H1 status and another one is for L1 Status.
The latest I-94 status dictates what status you are in.
________________________
Not a legal advice.
......
AFAIK..I don't think yours is a violation of status, you were eligible to work on L1 until 2006 and also eligible to work on H1 since Oct 2005. In a H1 scenario,if I extend my H1 with current employer until next July, meanwhile find another employer and file a H1 with new employer until next July, after 4 months with new employer, you change your mind and want to go back to old employer..you can work with old employer until July as long as the old employer does not cancel your old H1..
.....
.....
This case is different from other most common cases where person has 2 or more valid petitions with overlapping times on same status (H1-B). Since status is same one can switch employer without a problem, but not when one petition is H1 status and another one is for L1 Status.
The latest I-94 status dictates what status you are in.
________________________
Not a legal advice.
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redcard
03-23 12:07 PM
I just wanted to point out that please be careful of what personal information you give as this is a "Incoming Call" and it is hard to verify the authenticity of it.
Be very careful of these calls. I am not sure why would USICS call up when they have unlimited Postal Budget. In case they do need anything I am sure they would send a letter asking for information. Secondly if they do call, its always safe to ask the name and phone number of the person calling and say that you would call back or check with your attorney before giving out any information. I would not be surprised if the vigilante groups who are working against the EB immigration system could be doing this. As regard to emailing documents, I would personally ask for a mailing address and send it to them by overnight through a documented carrier rather then an email.
Lets not forget even Sarah Palin got a call from Nicolas Sarkozy :)
Be very careful of these calls. I am not sure why would USICS call up when they have unlimited Postal Budget. In case they do need anything I am sure they would send a letter asking for information. Secondly if they do call, its always safe to ask the name and phone number of the person calling and say that you would call back or check with your attorney before giving out any information. I would not be surprised if the vigilante groups who are working against the EB immigration system could be doing this. As regard to emailing documents, I would personally ask for a mailing address and send it to them by overnight through a documented carrier rather then an email.
Lets not forget even Sarah Palin got a call from Nicolas Sarkozy :)
more...
makeup Building: in Process of
gapala
06-05 07:12 PM
Guys... Do not just look at individual rent vs. own comparision, have a bigger picture on the situation that we are in. I am tired of broker's "location..location...location" thing as well.. These things are way off the reality in this country..
Historically, we all have seen that markets goes up and some times bubbles up, and goes down for a correction, some times south into recession.. .This is quiet natural to happen.. be it housing market or money market. We all know that Housing market needs a correction from those days where prices went up by $20,000 a month for several months without any control driven by easy credit, 0 down and stupid stated income policies.. Sure enough.. market started to correct itself after the credit become tight and lot of folks who jumped on to buy house at the top of peak went under water due to drop in the value of their homes... Here comes the obama housing rescue plan.. what are they trying to do here? trying to maintiain the bubble by encouraging more credit and spending.. working against natural correction of home prices towards south.
Now lets look at whats happening around us and see if we will have returns on house as an investment.. (For those who are without GC, this becomes important).
The gross domestic product (GDP) or gross domestic income (GDI) of US, a basic measure of an economy's economic performance, is about $13 Trillion per year as widely reported and boasted. Of that amount, approximately half, or $6.5 Trillion, is directly or indirectly related to government spending on the Federal, State, and Local levels.. :)
Think about that for a second, about half of US current GDP is government spending? Does it sounds like developing nation? and due to job loss, loss of interest income, strained consumer keeps cutting back..the economy will contract further and eventually the goverment spending will be a major portion.
US does not produce any consumer goods, its all China..if you don't produce you don't sell and if you don't sell you don't make an income, and if you don't make an income you don't pay taxes...plain and simple. So, what do we do, Borrow and spend.. but remember, the interest obligations will grow to suck the dollars away from goods and services that it purchases. (Folks are in China now :D)
Due to a struggling economy, primarily driven by consumers credit crunch, lower sales means, less revenue for government and they must borrow more money to keep the government machine spending and the economy rolling despite lower tax revenues.
It was all good when Consumers and Government borrowed, as long as they could find someone to lend and collectively could spend. During the bubble, banks lent to consumers freely and foreigners lent to Government until banks and foreigners realized we simply borrowed too much slowed lending as it became much more difficult to service the debt. Now banks are not lending to consumers with less than best rating and the government is forcing banks to lend to consumers by loaning banks TAXPAYER money at 1/4% and the banks loan it right back to us at 4.5 yo 5.5% now. How about that? :D:D
Due to lack of credit for non-government sector, of US economy...private sector is becoming much poorer much faster creating an imbalance in the society. Mathematically private sector going south will continue due to the very high leverage on the Private Side as more and more dwindling dollars are simply allocated to paying interest due to less revenues. With time a greater and greater percentage of a troubled economy will be directly consumed by rising interest payments resulting in less
government spending which might lead us to an inflation, wages will never keep up with exploding commodity prices. Then only option remains Tax increases on those who earn :)
Because, Right now a huge portion of government spending is feeding the poor, housing assistance, and providing medical care to the poor and elderly. Once the government bailout dry up, fewer and fewer will be able to borrow, work on and pay taxes in private sector, fewer and fewer will be able to pay taxes and the burden will rest on the shoulders of those that have something to offer...all what they have will not be enough to sustain a $13 Trillion dollar economy.
With such a scenario, house prices cannot stay up at more than 4 times the desposible income of majority (middle class) population which remains at less than mere USD 30000. You can imagine now, what is going to happen if home prices does not correct itself due to government interfearance.
Its an individual perspective to decide to buy home.. Do comment and throw out your ideas..
You can find my analysis of housing market on link below (india vs. US) http://immigrationvoice.org/forum/showthread.php?p=285966#post285966
Historically, we all have seen that markets goes up and some times bubbles up, and goes down for a correction, some times south into recession.. .This is quiet natural to happen.. be it housing market or money market. We all know that Housing market needs a correction from those days where prices went up by $20,000 a month for several months without any control driven by easy credit, 0 down and stupid stated income policies.. Sure enough.. market started to correct itself after the credit become tight and lot of folks who jumped on to buy house at the top of peak went under water due to drop in the value of their homes... Here comes the obama housing rescue plan.. what are they trying to do here? trying to maintiain the bubble by encouraging more credit and spending.. working against natural correction of home prices towards south.
Now lets look at whats happening around us and see if we will have returns on house as an investment.. (For those who are without GC, this becomes important).
The gross domestic product (GDP) or gross domestic income (GDI) of US, a basic measure of an economy's economic performance, is about $13 Trillion per year as widely reported and boasted. Of that amount, approximately half, or $6.5 Trillion, is directly or indirectly related to government spending on the Federal, State, and Local levels.. :)
Think about that for a second, about half of US current GDP is government spending? Does it sounds like developing nation? and due to job loss, loss of interest income, strained consumer keeps cutting back..the economy will contract further and eventually the goverment spending will be a major portion.
US does not produce any consumer goods, its all China..if you don't produce you don't sell and if you don't sell you don't make an income, and if you don't make an income you don't pay taxes...plain and simple. So, what do we do, Borrow and spend.. but remember, the interest obligations will grow to suck the dollars away from goods and services that it purchases. (Folks are in China now :D)
Due to a struggling economy, primarily driven by consumers credit crunch, lower sales means, less revenue for government and they must borrow more money to keep the government machine spending and the economy rolling despite lower tax revenues.
It was all good when Consumers and Government borrowed, as long as they could find someone to lend and collectively could spend. During the bubble, banks lent to consumers freely and foreigners lent to Government until banks and foreigners realized we simply borrowed too much slowed lending as it became much more difficult to service the debt. Now banks are not lending to consumers with less than best rating and the government is forcing banks to lend to consumers by loaning banks TAXPAYER money at 1/4% and the banks loan it right back to us at 4.5 yo 5.5% now. How about that? :D:D
Due to lack of credit for non-government sector, of US economy...private sector is becoming much poorer much faster creating an imbalance in the society. Mathematically private sector going south will continue due to the very high leverage on the Private Side as more and more dwindling dollars are simply allocated to paying interest due to less revenues. With time a greater and greater percentage of a troubled economy will be directly consumed by rising interest payments resulting in less
government spending which might lead us to an inflation, wages will never keep up with exploding commodity prices. Then only option remains Tax increases on those who earn :)
Because, Right now a huge portion of government spending is feeding the poor, housing assistance, and providing medical care to the poor and elderly. Once the government bailout dry up, fewer and fewer will be able to borrow, work on and pay taxes in private sector, fewer and fewer will be able to pay taxes and the burden will rest on the shoulders of those that have something to offer...all what they have will not be enough to sustain a $13 Trillion dollar economy.
With such a scenario, house prices cannot stay up at more than 4 times the desposible income of majority (middle class) population which remains at less than mere USD 30000. You can imagine now, what is going to happen if home prices does not correct itself due to government interfearance.
Its an individual perspective to decide to buy home.. Do comment and throw out your ideas..
You can find my analysis of housing market on link below (india vs. US) http://immigrationvoice.org/forum/showthread.php?p=285966#post285966
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Macaca
05-01 05:40 PM
Why China�s Crackdown is Selective (http://the-diplomat.com/2011/04/28/why-china%E2%80%99s-crackdown-is-selective/) By Minxin Pei | The Diplomat
For a one-party state that tolerates practically no open defiance of its authority, Beijing�s gentle handling of hundreds of striking truckers in Shanghai who had paralyzed operations at one of China�s largest container ports seems an anomaly. Instead of sending in riot police to break up the blockade last week, the authorities in Shanghai agreed to reduce fees levied on the truckers, who were angry over the charges and rising fuel prices.
The outcome of this incident couldn�t be more different from another recent event: the arrest of Ai Weiwei, one of China�s most prominent political activists. Ai has repeatedly defied the ruling Communist Party and, despite his international stature, Beijing decided to put him behind bars, ignoring widespread international condemnation.
The contrast between these two incidents raises an intriguing question: why does Beijing tolerate certain forms of protest, but represses others?
One obvious reason is that it depends on the nature of the protest. As a rule, a frontal challenge to the authority of the Chinese Communist Party, as Ai�s activities embodied, practically guarantees a harsh response from the government. But protest inspired by specific economic grievances, such as truckers� ire over excessive fees, seems to fare better. In the eyes of the ruling party, the former constitutes an existential threat and so no concessions are seen as able to appease political activists rejecting the very legitimacy of the regime.
In contrast, the discontent generated by well-defined economic grievances can be treated with specific concessions. One quote, allegedly from a sitting senior Politburo member, says it all: �What are the contradictions among the people?� the Politburo member supposedly asked. �(These contradictions) can all be solved by using renminbi.�
But things are a little more complicated than this. The reality is that even when dealing with protests or riots fuelled by specific socioeconomic grievances, the behavior of the Chinese authorities isn�t always consistent. Sometimes, government officials pacify protesters through the use of the renminbi, while other times they mercilessly crush such protest.
So how do we make sense of such apparent inconsistencies?
It seems that the type of response to social protest�harsh or soft�depends on a complex mix of factors such as who the protesters are, the resources and organizational capacity at their disposal, the economic sectors in which they are located, and the social repercussions of their protest. Generally speaking, highly organized protesters (such as truck drivers, discharged soldiers and officers of the People�s Liberation Army, and taxi drivers) tend to fare better. They also possess resources that can be easily and effectively deployed. Taxi and truck drivers, for example, can use their vehicles to paralyze traffic and produce instantaneous and widespread social and economic disruptions.
Former PLA servicemen, meanwhile, have a strong institutional identity and are well-connected with each other through ties forged during their military service. Research conducted by Chinese scholars shows that protests organized by former PLA servicemen tend to get the most attention�and the softest treatment�from the government. In contrast, protests by peasants are handled more harshly as they are less organized, possess few strategic assets, and have little impact beyond their villages.
Another important factor is the political calculations of local officials. Despite the popular image of the Chinese state as a hierarchical, top-down system, there�s no uniform national manual for handling protests. This leaves a great deal of discretion at the hands of local officials, but it also places them in a political quandary. Whenever a mass protest erupts, local officials have to think and react fast, but deploying riot police and using force against protesters isn�t necessarily the preferred modus operandi since this could prompt an escalation in violence. Local officials who mishandle mass protests risk demotion or even dismissal, so they must calculate how to end such demonstrations peacefully and quickly, while ensuring that their actions won�t also encourage future protests. It�s a difficult balancing act.
So what influences the political calculations of local officials?
As I�ve said, it�s in large part the nature of the protest, the strength of the protesters, and the likely effects of the protest�all are critical variables. Local officials usually avoid using violence against protests inspired by economic discontent and organized by workers in strategic sectors (transportation and energy, for example). Another factor at play is simply the amount of renminbi available to local officials for buying off the protesters. In the case of striking truckers, the Shanghai municipal government, the wealthiest local jurisdiction in China, has plenty of money. But in poorer areas, the renminbi option just doesn�t exist.
Another factor is media glare�the more media coverage (particularly international media coverage), the more constraints on local officials� use of force. Last, the location of the protest is key. When such protests happen in remote villages or towns, they are quickly and ruthlessly crushed. But when they occur in urban centres, the government (usually) responds more cautiously and gently.
All this means that the happy ending for the striking truckers in Shanghai shouldn�t be taken as an encouraging precedent for workers in other sectors who might think the government will back down in the face of economic demands�however justifiable they might be.
Minxin Pei is a professor of government at Claremont McKenna College
For a one-party state that tolerates practically no open defiance of its authority, Beijing�s gentle handling of hundreds of striking truckers in Shanghai who had paralyzed operations at one of China�s largest container ports seems an anomaly. Instead of sending in riot police to break up the blockade last week, the authorities in Shanghai agreed to reduce fees levied on the truckers, who were angry over the charges and rising fuel prices.
The outcome of this incident couldn�t be more different from another recent event: the arrest of Ai Weiwei, one of China�s most prominent political activists. Ai has repeatedly defied the ruling Communist Party and, despite his international stature, Beijing decided to put him behind bars, ignoring widespread international condemnation.
The contrast between these two incidents raises an intriguing question: why does Beijing tolerate certain forms of protest, but represses others?
One obvious reason is that it depends on the nature of the protest. As a rule, a frontal challenge to the authority of the Chinese Communist Party, as Ai�s activities embodied, practically guarantees a harsh response from the government. But protest inspired by specific economic grievances, such as truckers� ire over excessive fees, seems to fare better. In the eyes of the ruling party, the former constitutes an existential threat and so no concessions are seen as able to appease political activists rejecting the very legitimacy of the regime.
In contrast, the discontent generated by well-defined economic grievances can be treated with specific concessions. One quote, allegedly from a sitting senior Politburo member, says it all: �What are the contradictions among the people?� the Politburo member supposedly asked. �(These contradictions) can all be solved by using renminbi.�
But things are a little more complicated than this. The reality is that even when dealing with protests or riots fuelled by specific socioeconomic grievances, the behavior of the Chinese authorities isn�t always consistent. Sometimes, government officials pacify protesters through the use of the renminbi, while other times they mercilessly crush such protest.
So how do we make sense of such apparent inconsistencies?
It seems that the type of response to social protest�harsh or soft�depends on a complex mix of factors such as who the protesters are, the resources and organizational capacity at their disposal, the economic sectors in which they are located, and the social repercussions of their protest. Generally speaking, highly organized protesters (such as truck drivers, discharged soldiers and officers of the People�s Liberation Army, and taxi drivers) tend to fare better. They also possess resources that can be easily and effectively deployed. Taxi and truck drivers, for example, can use their vehicles to paralyze traffic and produce instantaneous and widespread social and economic disruptions.
Former PLA servicemen, meanwhile, have a strong institutional identity and are well-connected with each other through ties forged during their military service. Research conducted by Chinese scholars shows that protests organized by former PLA servicemen tend to get the most attention�and the softest treatment�from the government. In contrast, protests by peasants are handled more harshly as they are less organized, possess few strategic assets, and have little impact beyond their villages.
Another important factor is the political calculations of local officials. Despite the popular image of the Chinese state as a hierarchical, top-down system, there�s no uniform national manual for handling protests. This leaves a great deal of discretion at the hands of local officials, but it also places them in a political quandary. Whenever a mass protest erupts, local officials have to think and react fast, but deploying riot police and using force against protesters isn�t necessarily the preferred modus operandi since this could prompt an escalation in violence. Local officials who mishandle mass protests risk demotion or even dismissal, so they must calculate how to end such demonstrations peacefully and quickly, while ensuring that their actions won�t also encourage future protests. It�s a difficult balancing act.
So what influences the political calculations of local officials?
As I�ve said, it�s in large part the nature of the protest, the strength of the protesters, and the likely effects of the protest�all are critical variables. Local officials usually avoid using violence against protests inspired by economic discontent and organized by workers in strategic sectors (transportation and energy, for example). Another factor at play is simply the amount of renminbi available to local officials for buying off the protesters. In the case of striking truckers, the Shanghai municipal government, the wealthiest local jurisdiction in China, has plenty of money. But in poorer areas, the renminbi option just doesn�t exist.
Another factor is media glare�the more media coverage (particularly international media coverage), the more constraints on local officials� use of force. Last, the location of the protest is key. When such protests happen in remote villages or towns, they are quickly and ruthlessly crushed. But when they occur in urban centres, the government (usually) responds more cautiously and gently.
All this means that the happy ending for the striking truckers in Shanghai shouldn�t be taken as an encouraging precedent for workers in other sectors who might think the government will back down in the face of economic demands�however justifiable they might be.
Minxin Pei is a professor of government at Claremont McKenna College
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GCappli
11-11 12:52 PM
Hey its too late to reply but is there any update on this one ..Did the employer revoke his h1b .. In case he did he is out of status ..But if he didi not and employer ..employee relationship existed .. Then it is not considered out of status because one can show leave of abscence ..
There are various CIS memos which have the out of status interpretation ..
There are various CIS memos which have the out of status interpretation ..
485Mbe4001
09-29 07:55 PM
its ok, you misunderstood my point. I dont want to divert OP of this thread.
Anyways the fact of the matter is that we are in a limbo, all indications point to Obama becoming the next president of US. if CIR 2008 was any indication , we as EB applicants are royally screwed if Sen Durbin dictates his immigration policy. What is the use of talking about wars and innocent people when chances are that the advocate of his immigration policy is opposed to my main issue of EB reform. high low Taxes, 401k's, houses, Medicare etc will matter if you get to stay here in the first place. A average 6-9 years of paying taxes, supporting medicare and Social Security and we now need to think about moving to different countries where skilled immigrants are welcome....think about it. Just look at the CIR 2008 discussion to understand what i am talking about. Read the senators transcripts.
Ramayan was an epic written long time ago. It is a story(like stories in bibble). Creationism evolved just to oppose evolution theory and cause confusion to the evolution theory. They say it is based on science, when it is not. BTW evolution is also a fact, it is not just theory.
Spending on needless wars are not helping economy. With this economy there is little chance for GC. If everybody wants tax cut, who will pay the debt. Keep borrowing? Some one has to pay the interest at the least..
Clinton balanced the budget, while taxing the rich. McCain is for the 'trickle down economy' which we now see what it really is(DOW down 800 points). Obama is for tax cut for the average guys and not for the 'trickle down economy' scam.
Anyways the fact of the matter is that we are in a limbo, all indications point to Obama becoming the next president of US. if CIR 2008 was any indication , we as EB applicants are royally screwed if Sen Durbin dictates his immigration policy. What is the use of talking about wars and innocent people when chances are that the advocate of his immigration policy is opposed to my main issue of EB reform. high low Taxes, 401k's, houses, Medicare etc will matter if you get to stay here in the first place. A average 6-9 years of paying taxes, supporting medicare and Social Security and we now need to think about moving to different countries where skilled immigrants are welcome....think about it. Just look at the CIR 2008 discussion to understand what i am talking about. Read the senators transcripts.
Ramayan was an epic written long time ago. It is a story(like stories in bibble). Creationism evolved just to oppose evolution theory and cause confusion to the evolution theory. They say it is based on science, when it is not. BTW evolution is also a fact, it is not just theory.
Spending on needless wars are not helping economy. With this economy there is little chance for GC. If everybody wants tax cut, who will pay the debt. Keep borrowing? Some one has to pay the interest at the least..
Clinton balanced the budget, while taxing the rich. McCain is for the 'trickle down economy' which we now see what it really is(DOW down 800 points). Obama is for tax cut for the average guys and not for the 'trickle down economy' scam.
gimme_GC2006
03-23 12:31 PM
You/lawyer/employer may have forgotten to shred the extra/unwanted documents. Someone may have got hold of them.
Google 'identity theft' and you will be surprised.
Do not answer anyone unless to check. Ask for a call back number. Find the name , badge number. ask them to send you an email with a legit id and you will call back.
You should anyways never talk alone to such people even if they are real. Ask them to talk to your lawyer. If they ask you his number, tell them to find from the application.
Basically never give any information on the phone.
well..I guess..I will take Infopass and checkout whats going on..
I know my file is at local office..not sure if they transferred it back to NBC or TSC..(atleast there are no LUDs)..
and I hope whoever called me can see it in their system that this case is pending at local office..so dont know why they wanted all the detailsfrom me rather than taking from the file..may be thats how they work..
but I am heading to Infopass have enough doubts now :cool:
Google 'identity theft' and you will be surprised.
Do not answer anyone unless to check. Ask for a call back number. Find the name , badge number. ask them to send you an email with a legit id and you will call back.
You should anyways never talk alone to such people even if they are real. Ask them to talk to your lawyer. If they ask you his number, tell them to find from the application.
Basically never give any information on the phone.
well..I guess..I will take Infopass and checkout whats going on..
I know my file is at local office..not sure if they transferred it back to NBC or TSC..(atleast there are no LUDs)..
and I hope whoever called me can see it in their system that this case is pending at local office..so dont know why they wanted all the detailsfrom me rather than taking from the file..may be thats how they work..
but I am heading to Infopass have enough doubts now :cool:
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