Saturday, July 2, 2011

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  • waitnwatch
    05-31 05:56 PM
    It's time he got some free counseling through his "Employee Assistance Program" for stress and anxiety. Somehow this guy comes out as comic - except it feels that he is about to have a nervous breakdown. By the way I wonder what FoxNews' take on legal immigration is. Some CNN folks move to Fox but I doubt whether Lou stands a chance.

    By the way - Lou's turning out to be the biggest stress relief for us.

    :D :D :D :D :D :D :D :D :D :D :D :D





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  • pointlesswait
    08-06 10:37 AM
    too bad this discussion is still on!
    its all about which side of the fence you are on!

    i dont think anyone is cutting the line...there were already there..well before you ..they just rejoined with the right set of documents..

    if you are willing to stick around for 10 years in the same job.. doing the same thing...hoping for ur GC to come thru...so that u can switch..then good luck to you..

    i am sure WHEN USCIS formulated the law..they would have had this discussion...of how to accomodate "high skilled" workers..who climb the ladder ..and who aquire better qualification...and who have the b***s to change jobs and not be slaves to GC process.. this law is them..

    Go ahead and file the case rolling stone...i will be the first to oppose it...c u in the battelground..;-)

    in this context...i am a Pandu..u are a gandu..(pun intended)




    I agree with "singhsa".
    I was reading through this thread and couldn't help replying.

    Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.

    Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.

    Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
    EB3 means there are a lot like u, so u gotta wait more. Period.





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  • h1techSlave
    09-26 05:06 PM
    Going thru Obama's comments, he is sure to put a stop on H1B visas in the name of keeping American jobs in America. Then what would happen is that all American companies will send their whole IT departments to India. The end result will be that there would not be any decent paying jobs in this country.

    CIR will pass and illegals will choke the whole USCIS. Good bye to EB GCs.

    Just Kidding - reading your post i was feeling like I'm reading a comment from Fox News. However i do respect your opinion and thanks for expressing it.

    My Point is more long term - in the shorter term no major change can happen to economy even if Barack wins but eventually Economy would be stronger under Barack's leadership. He also stressed that he would stop "JOBS BEING SHIPPED OVERSEAS" which means companies like TATA or INFY or some Chinese company taking my Job ( or any American's Job ) away from US to INDIA or CHINA. If you are planning a future in US - you would not want your US job taken away by your brother at INDIA or CHINA and Barack will make sure that doesn't happen.

    The Bottonline is he will create tons of Jobs at US , so unemployment will be very low , average peoples will be happy and however loud ANTI-IMMIGRANTS scream and shout no AMERICAN will pay attention. Our EB reforms will Pass much easily and we will be able to able to lead a much happier and content life with GREEN CARD.

    Once again my Point is definitely Long Term - in the shorter duration Barack has to first fix the Mortgage Mess and do something with Iran by taking help from EUROPE.





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  • s_r_e_e
    08-06 01:43 PM
    Here is what happened.
    All monkeys also interfiled and became lions.

    :D:D that was a good one.



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  • s_r_e_e
    08-06 01:43 PM
    Here is what happened.
    All monkeys also interfiled and became lions.

    :D:D that was a good one.





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  • senthil1
    04-07 12:05 PM
    Will 115k enough by seeing 133k applications in one day? If 115k is reached we will ask unlimited. So there should be some system to see whether those115k H1b is used properly. Employers should not wait till october and they should get people when they require. If most of the H1b quota is used by bodyshoppers where will top US companies get?

    How do you find H1 quota to be "unlimited"? And how is this bill going to prevent "unlimited numbers" that did not exist in the first place? I thought S.2611 and HR1645 propose to increase H1 quota to 115K, from the existing 65K H1b/yr. Does this increase make H1 quota "unlimited". I am ignorant about it, could you please help me understand.



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  • Rinku
    05-15 02:19 AM
    hey guys,

    M new to this. I have applied for a H1 B this year ....i went thru the pdf on bill S 1035 ...& it states the following:

    Section 2(e) Prohibition of Outplacement
    1. Employer cannot place, outsource, lease, or otherwise contract for the
    placement of an employee on H-1B. (This prohibits any consulting work for
    an employee on H-1B).
    2. This applies to all the application filed after the enactment of this bill.

    Does it mean that all existing consulting work will also be in danger?? M a bit confused as point 2 states that it will be for all applications after the enactment of the bill. Does that affect H1-b holders frm this year itself??





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  • sanju
    04-08 07:17 AM
    Good post, I would like to add that:

    This is an interesting bill and I feel it'll pass. There are lot of gotcha's but there are some good things. I'm glad to see H1-B rights and whistleblower sections. This was way past due. Really, this is more of a culmination of those few employers who have tried to exploit the system / employees.
    The summary document says that Whistleblower protection does not protect immigration status. So the current language of "Whistleblower protection" has NOT much new to offer because Whistleblower protection is already part of the federal law (outside of immigration act). Here is some info:

    http://www.dol.gov/compliance/guide/whistle.htm
    http://en.wikipedia.org/wiki/Whistleblower



    key points to ponder:

    - Finally IRS and USICS have come together. !! .. thats a big blow to the body shoppers ( may be a good thing)

    There is already a requirement in the Tax law to send the datab/W-2 of each employee (including the employees on H1) to IRS. So much so that if a company you worked for last year has closed down, you could go to the local IRS office to get your W-2 (from IRS).


    -> 50 employees cant have more than 50% H1B's. I think this will basicaly create many smaller consulting companies nothing else. This I don't like .. could be bad for genuine businesses.

    To get around 50% requirements, as the greenguru mentioned, the employers could bend around the system by having companies with employee size < 50. So it will be an inconvenience for them, but there are ways and means to get around. The problem will be faced by people already here waiting for green cards. If your employer has more than 50% on H1, they will have to file H1 from the sister company and the new law will be applicable to the new H1. So the people already here on H1 will suffer the most.


    I hope it doesnt, without any amendments. Maybe a friendlier bill with strict H1-B rights would be nice.
    Well said!! This bill is not friendly and a better bill, which is not imposing unnecessary restrictions and has worker protection provisions for all H1 employees will be better in making the H1 process equitable and workable.



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  • ghost
    07-17 10:24 AM
    Also I forgot to say Randall, I think you really want to see no greencards to anyone. Are you a spy?

    What's wrong with you man, do your homework before spitting out such venemous statements.





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  • alisa
    12-27 12:08 AM
    So what in your opinion is the reason for the state and the government of Pakistan to provoke India, with the risk of starting a war with India that Pakistan cannot win, at a time when the economy is in a very very bad shape and there are multiple insurgencies and regular suicide attacks within Pakistan?


    Not at all.
    My 90 year old grandmother did this.



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  • SunnySurya
    12-18 10:45 AM
    Right, And u must the the enlightened one. And what do you mean by science: physics, chemistry , math or biology or theology

    Is there a difference between god and a religion. I have heard lots of bulls saying " religions are ways to get to the same god" . If that was true then preachers of Islam would not have preached to convert every one to Islam by force or otherwise.

    They would not have preached the following:
    WA ILAHU KUM ILAHUN WAHIDUL LA ILAHA ILLA HU WAR RAHMAN UR RAHEEM
    -- In other words, there is no god but Allah (implying gods of Jews, Christians, Hindus etc do not matter)
    or
    INN AL LAZEENA KAFAROO WA MA TOO WA HUM KUFFARUN ULAIKA ALAI HIM LA NAT ULLAHI WAL MALAAIKA TI WAN NASI AJMAEEN
    -- Meaning : Those who disbelieve, and die while they are disbelievers; on them is the curse of Allah and of angels and of all mankind.
    Now, because I don't share your "ideas" you want me to be cursed. What kind of God will do that.

    Allaha has 100 names including the names like Saboor (99th), Rasheed (98th), Waris (97th) etc. But where are the names of the Gods that others beleive in.

    You are saying all this out of sheer ignorance and you yourself dont know what you are speaking about your own creator. If you know little science you will go away from religion, if you know more science, you will come towards religion. You are a victim of the former.





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  • xyzgc
    12-28 04:05 PM
    So Mr. Trained Reservist,
    Let's say the war is won in 15-20 days based on your expert knowledge, what is next? India occupies Pakistan? and acquires 160 million muslim population along with Talibans? You think that will end terrorism and riots in India?

    Oh BTW, there is another trained reservist in the history who claimed Iraq war would be won in two weeks. Do you know who he is? Hint: he became the worst president in the history of the US.

    The war was won in two weeks. Americans have traditionally poured billions of dollars in rebuilding nations that they have destroyed. What was unexpected was the insurgencies and the sectarian violence, which Iraqis themselves are guilty of. The war went horribly wrong because of the atrocious cost of the war and the drain on the failing economy. Saddam was an evil dictator and the fact that there is so much insurgency is a clear indication that Iraq was the hotbed of terror.
    That is why its taking longer than expected.

    If you want to debate on Hiroshima and Nagasaki, read the kind of savages the Japanese were. Read about comfort women. http://en.wikipedia.org/wiki/Comfort_women. It will make you really uncomfortable. Worse, till date the Japs are unapologetic saying there is no credible proof that this ever existed. Also, read about Bangladesh war http://en.wikipedia.org/wiki/Bangladesh_Liberation_War where 200k women were repeatedly raped giving birth to thousands of war babies, who were exported to orphanages in Europe and America.



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  • abracadabra102
    01-02 11:39 AM
    Non-state actors are mentioned a lot here. Who are these non-state actors and who is responsible for acts of these non-state actors? If a few Pakistani citizens cross over and strike Indian cities at random and disappear back into Pakistan, what are India's options? Just to pray that in some 30-50 years into future all Pakistani terrorists will somehow realize their folly and turn into saints?

    We are also missing the elephant in the room. India has 150 million muslims and we have our share of Hindu fundamentalists. These Hindu fundamentalist groups have been trying for a long time to equate terrorism to Islam (targeting Indian muslims) and Indian public at large rejected this notion so far (rightly so) and that may change in future and it may not be long before a Narendra Modi becomes Prime Minister. It will be a shame if a few terrorists destroyed that very tenet of India - "Unity in Diversity".





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  • punjabi
    08-08 07:53 PM
    hey, this happened right in front of eyes!! I can NEVER EVER forget it!!

    My colleague was getting laid off in a month, so she was trying to find a project elsewhere. She was sitting a few yards away from me when she got a call for an interview. And I saw her coming towards me with a total white face (if there is an expression like this).

    I asked her what happened..

    She said "How can they do that?"
    "This is not good."
    "Don't they know how to talk to a woman?"

    I asked "what happened"

    she said, "might be a prank call, but I'll talk to my employer about it."

    Her next sentence had me rolling over the floor for the next hour.

    She said "After asking some technical questions, they wanted to ask some general ones"
    and he asked "why is a manhole round?"

    She LITERALLY had no meaning for manhole (gutter/sewerage can). And you can imagine her embarassement when I told her!



    Abe.. lets call it "manhole".

    coz these days the environment is no better than that :D:D:D



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  • vbkris77
    03-31 07:42 PM
    I am not convinced with the whole systematic preadjudication logic at all. I think it has to do with the mistakenly released memo by USCIS and the criteria which is listed in it. Companies meeting the criteria listed in that memo's H1s/I140s are being looked at and I485 app in the same file. There is no trend in the posts on this site by people who received RFEs to suggest systematic preadjudication, they are all over the place. EB2, EB3 - priority date-years ranging from 2001 to 2006, received RFEs.

    May be their receipt dates are close.. Remember, CIS can't sort the application by PD. They can process in FIFO of RD.





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  • mrow
    07-07 10:34 PM
    Don't waste your time there. I too had applied for EAD renewal in March, and it expired in the end of June. Contacted the local office but they said they could'nt do anything. Got my 485 approval 2 weeks before our EADs expired! I had even contacted a senator out of desparation when the USCIS had pushed the EAD processing back by 6 months and with a mortgage payment, baby and with no unemployment benefits that would have been hell. Your best bet at this point is your senator and a good attorney. Don't worry about the attorney fees - it will be worth it in the end. Good luck, I feel for you.



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  • senthil1
    05-16 06:17 PM
    Nowadays LCA becomes just a documentation and it does not prevent displacement or any abuse. It may be true that DOL may not have authority and resource to prevent abuse.

    Why someone whose permanent labor certificate is approved should have to go thru the process of adertising when his or her H1 is up for renewal? Can you please explain me what is the intent of permanent labor certificate as opposed to LCA in H1?





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  • Macaca
    12-27 07:31 PM
    'A Hole to Bury You'
    A first-hand account of how China's police treats the citizens it's supposed to serve and protect. (http://online.wsj.com/article/SB10001424052970203731004576045152244293970.html)
    By TENG BIAO | Wall Street Journal

    On Dec. 23, the United Nations International Convention for the Protection of All Persons From Forced Disappearance came into force. China has declined to accede to this convention. My experience that same day is just one of many examples of how the authorities continue to falsely imprison Chinese citizens.

    That evening, I was in the Xizhimen area of Beijing chatting with my colleagues Piao Xiang, Xu Zhiyong and Zhang Yongpan. Ms. Piao had been disappeared after she and I went to Dandong on Oct. 7 to argue the court case of Leng Guoquan, a man framed by the police for drug trafficking; she had only been released on Dec. 20. Her abductors had been officers from the state security squad of the Public Security Bureau. I asked her to narrate the entire process of her disappearance in detail.

    Later, I suggested to Mr. Zhang, "Let's go and see Fan Yafeng's mom." The day before, we had contacted fellow human rights lawyer Fan Yafeng and found out that he was under strict house arrest. But he had said that his mother was going to be alone at home in the evening and so I thought we should go see her.

    Because I used to go there frequently I remembered clearly where she lived. As Mr. Zhang and I entered the block of flats and started walking up the staircase, I had a feeling that someone was following us. Observing that we went to the third floor, a young security guard asked us whom we were visiting. We said, "We're seeing a friend." Immediately, he called out for someone else to come up.

    We knocked on the door and were greeted by Mr. Fan's mother. But as we entered the flat, the security guard came with us, and a person in plainclothes stormed in just behind him. The man in plainclothes demanded to check our IDs in a very coarse manner. I asked him in a loud voice, "What sort of people are you? How can you enter a private residence without permission?"

    The plainclothes man said, "I am a police officer. We want to check your ID cards." "You're a police officer? I want to see your police ID." "If I am telling you I'm a police officer, then that's what I am. What are you doing here?" "Is that your business? How can you prove you're a police officer if you don't show your police ID card?"

    The situation was escalating. I ducked my head and used my phone to send out a message on Twitter, and Mr. Zhang made a phone call to a friend. It was then about half past eight. The plainclothes guy made a phone call asking for reinforcement. Later I learned that at that moment our own reinforcements were mobilizing.

    Two police officers showed up. One of them showed us his police ID. I asked Mr. Zhang to note down his police ID number and name, Shi Ligang, and pass it on to our Twitter friends. Then they wanted to check our IDs. I said, "According to Article 15 of the National Identity Card Law you have no right to check them in the present situation."

    He said, "We are conducting an investigation in accordance with the People's Police Law." I said, "You can only question people who are suspected of having broken a law. We've just come to a friend's home for a visit, so you have no right to question us."

    We quarreled for some time, and that state security squad officer in plainclothes kept making phone calls asking for more people to come over. The situation was getting worse, so I sent another Twitter message.

    I talked to Mr. Fan's mother and the older state security squad officer told her not to speak to me. I got angry. "You're not even disclosing your identity, do you think you can enter other people's flat as you please and order the flat-owner about�not to mention that that's illegal, it lacks every human feeling!"

    "You should think more clearly. Don't talk so much about the law with me. Do you know where we are? We are on Communist Party territory!"

    The state security squad officer later tried to beat me. I warned him, "As you haven't shown me any documentation, you don't even have the right to seek a conversation with me. Don't push me." Then he said, "Don't you know what place you are in? This is China! Now you've come here, don't think you can leave again!"

    After about 15 minutes, a large contingent of police officers arrived. I was in the washroom at the time. I could hear the police dragging Mr. Zhang forcefully downstairs. The plainclothes man banged madly at the door of the washroom, cracking a hole into the thin wooden panel of the door. I said, "I just want to use the washroom!" He said, "You're not allowed to," and kept banging against the door. He inserted his hand through the hole he had made, and undid the latch. Several police officers dragged me out. The state security squad officer took away my glasses. I am severely near-sighted, and as a result I was quite unable to see clearly. Later, I wasn't even able to read a police officer's ID number.

    I protested loudly against this treatment. A whole group of police officers pushed, shoved, pulled and dragged me down the stairs and into a police van. Mr. Zhang's glasses and mobile phone had also been taken away. As we were dragged away we were also beaten. My hand had been grabbed so violently that it was injured in a few places. A police officer wanted to take away my mobile phone, I resisted with all my force and he eventually desisted.

    When we arrived at the Shuangyushu police station, I said, "You have no right to take us into a police station. You can't be ignorant of the provision of Article 9 of the Police Law!"

    "Want to tell us what it says?"

    "'In the following four sets of circumstances, the police may take citizens to a public security bureau for questioning: (1) if the person has been accused of having committed a crime, (2) if a person has been discovered at the suspected scene of a crime, (3) if a person is suspected of a crime and if their identity is not clear, (4) if a person carries goods with them that may have been stolen." And if you want to check a person's ID card, you can only do that in the following cases: (1) suspicion of illegal behavior, (2) control of a site, (3) sudden incidents severely endangering the social order, or (4) other situations stipulated in the law - and such a law stipulating other situations must have been passed by the National People's Congress or its Standing Committee." I knew this stuff inside out.

    "But you are a person 'whose identity is unclear.'"

    "But according to the law, persons whose identity is unclear can only be checked if they are 'suspected of having committed a crime.' I don't belong in that category." Since there are more and more activists nowadays who are familiar with these two legal provisions and use them to challenge the police, I've been told by police officers that they hate the very bones of the legislators who created them.

    Mr. Zhang and I were taken to two different rooms on the second floor of the police station. A gang of police officers again came to wrestle my mobile phone from me; and there was another scuffle. All the things inside my pocket were taken out. I protested. Seven or eight police officers loudly insulted me. Two or three were swearing especially viciously, using mafia slang words to curse me.

    A police officer shouted at me to sit; I pushed the chair over with my foot. Several officers rushed forward and twisted my arms, punched my head and choked me, and pushed me to the ground. They took me to another room. In the corridor I cried out, "I am a law teacher, I know whether or not you are violating the law." I said this primarily to make them understand that they were dealing with someone who knew the law, to make them refrain from acting rashly and inflicting too much pain�and it was also meant for the ears of Mr. Zhang and the officers who were interrogating him.

    Several police officers pushed me into a corner and one guy came up and fiercely dragged at my tie until he finally managed to pull it off, and threw it to the floor. The police officers pointed at my nose and coarsely swore at me again, and again they cried, "Do you know where you are? If we beat you, what can you do?"

    After a while, a police officer came in and said that we had been detained because we had gone to Fan Yafeng's home. One officer, who I heard addressed as Xu Ping, went from merely loudly interrogating to roaring accusations at me: "O ho, that's how it is! In that case, you belong to the enemy! F- your mother, you went to see Fan Yafeng! That c-! In that case we don't have to talk about legal constraints at all! And you motherf- won't get out of here again! You traitors, you dogs! Counter-revolutionaries! The Communist Party feeds you and pays you and you still don't acknowledge how good it is! You keep insulting the Party!� We will treat you just like an enemy!"

    I was very curious. "How do you treat your enemies?"

    "Like Falun Gong!"

    "And how do you treat Falun Gong?"

    "You'll find out by and by."

    I felt a pang of horror.





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  • immique
    07-14 11:07 PM
    I think EB3 India may be the unintended beneficiary of the appropriate interpretation of the spill over of visa into retrogressed EB2 countries. I suspect that once EB2 India and China are current, the remaining visas will spill over into EB3. Thay do NOT spill over into EB3 ROW only but will spill over into EB3 as a whole. the reason for this is as both EB3 ROW and EB3 India are retrogressed, both these categories will advance equally as EB2 I and EB2 China are doing currently. I strongly think this will be the likely outcome next year and so EB3 India should see the PD movement approximately the same as EB3 ROW- but this will happen only when EB2 is current and the spill over reaches EB3 (this will likely happen in the final quarter of 2009)

    but you are not correct about this. please look it up. The vertical spillover was going to EB3 ROW, had that not been so, EB2 I would not have become U, even though (you are right about that) USCIS was actually allocating a little too fast.

    The bottom line is this: before the "system changed" the spillover went to EB3 ROW (country quota more important that category preference)
    Now with revised interpretation spillover goes first to EB2 retrogressed countries (preference category precedent over country quota- use of soft quota provison from AC21). Either way Eb3 I was last on the totem pole.
    There would have been no spillover to EB3 I in either situation. I'm not saying this to either to justify it or to argue for it's fairness. Just trying to make a point about the root issues.
    Therefore, the "change" leaves EB3 I exactly where it was before- which of course is an insane place to be. Frankly, in your place, I would be freaking going out of my mind. But if your only reason for this action is that "change", you have to sit back a moment and understand what the change has doen (or in this case not done) to you.
    The ONLY way to solve the EB3I problem is increased GC numbers. That is why recapture has been the first and foremost thing we have always pursued. Last time there was a recapture, GC numbers went to every single category. Anyway you look at it, if with a recapture, EB2 became current, every bit of spillover in every quarter would go to EB3. Eventually, there will be more long lasting reform. For now we desperately need the extra numbers in any form or shape.

    Just my 2c. not trying to trying to "stop your voice from being heard". One piece of friendly and well meaning advice. Target letters and measures at those that have the power to make the changes you want. Otherwise the effort is pointless from the start.





    myuname
    04-06 10:44 PM
    I guess the only way US of A will ever understand its worth in the world is when: (I am just referring to hypocritical US of A'ans, there are good people too.)

    1) India and China stop sending so many Engineers and doctors.
    2) China and south-east Asia stop supplying Nike's and toilet paper to Walmart's


    I guess the positive side of this H1 bill will be further development of Indian and Chinese economies via decreased brain-drain. I guess it already slowed down (to a trickle?!) quite a bit in the past few years and I Hope this bill plugs the leaks too. Hurray! No more brain drain from India and China.

    Why didn't this happen a few years ago and I wouldn't even have had any regrets being in US of A ever. Yikes!





    gimme_GC2006
    03-23 02:19 PM
    hey buddy are they digging your case just because you worked for the top 5 indian IT and does it start with a "S*****" , just wondering are they digging up all those who worked for them?

    well..you hit nail..yes..I initially worked with that company that started with S**..but I changed them after 1 year after coming to US



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