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Thursday, July 7, 2011

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  • unitednations
    03-25 12:35 PM
    Oh, and I think I should elaborate just a little more.

    I am not asking whether the USCIS can or cannot exercise scrutiny on approving 485s where a person, under AC21 provision, switches to a small consulting company.

    Of course they can, the 485 is for a full time job, and whether a job with a small consulting company is of a full time nature or not, is up in the air and they can 'scrutinize' it all they want, if they choose to.

    My question to UN is whether he thinks if they will choose to go after 485 AC21 job switches to small consulting companies like he thinks they will for small consulting company H-1Bs, and not whether they can.

    Thanks again,

    You see on all these ac21 issues we rely on uscis memos. Every one of these memos state pending change to the regulations; we are going to follow the principles of this memo.

    it has been 8 years and they still haven't changed the regulations. Memos can be changed at their whim at any time.

    Currently; uscis position is that if someone ports to another company; they are not supposed to check the ability to pay criteria. However; they left themselvees an out that theey can check the genuineness of the ac21 employer. Becasuse of this last statement; what they have been doing is asking for ac21 employer tax returuns, and quarterly wage reports. If you are already on payroll then size of company doesn't matter. However; if you are not on payrroll and it is a very small company then they can challnge it.

    btw; I am not epecting quota to finish early this year. Many companies/lawyers are very frustrated with h-1b right now. I was talking to education evaluator and he told me that there is litteally no business right now. Companies I know of how filed 70 cases last year are not filing any this year due to a combination of issues (iowa issue, lack of approvals and great demand for tansfers by thos who were laid off or had theirr h-1b's cancelled.

    Right now; newer companies who don't have much experience with h-1b are going into the lions den without knowing there is a lion in there.





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  • wellwishergc
    07-11 11:48 AM
    Please ignore my previous posting! I saw in one of the earlier postings that you are approved. Congratulations and Best wishes! and welcome back to this forum; Please help us here whenever you can.

    Thanks!
    Is your GC approved now?





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  • Macaca
    12-28 07:29 PM
    Flashy Office Space, Advertising India�s Allure (http://www.nytimes.com/2010/12/28/business/global/28sizzle.html) By VIKAS BAJAJ | New York Times

    A massive futuristic office complex is rising from a patch of spare, arid land here near the southern Indian city of Chennai. Six butterfly-shaped buildings dock like spacecraft to two long metal-latticed terminals.

    About 12,000 people already work at the campus, being built by India�s largest technology company, Tata Consultancy Services. It eventually will have space for 24,000 of Tata�s nearly 180,000 employees.

    Meanwhile Infosys, one of Tata�s biggest competitors, has added a corporate campus for 15,000 employees with buildings that resemble the Parthenon, the Coliseum and the Louvre�s glass pyramid. Infosys plans to build an additional 10 million square feet of custom office space by mid-2012, at various sites, adding 25,000 workers to its current 122,000.

    It is all part of a construction spree by India�s outsourcing companies, which are growing at a breakneck pace after the lull caused by the global financial crisis in 2008 and 2009.

    But the building boom is about more than making room for more workers.

    The outsourcing giants, which include Wipro and others, hope that architectural sizzle can help them compete for the nation�s top software programmers, while also burnishing their reputations with overseas clients and prospective customers.

    In this nation where world-class high-tech companies co-exist with urban slums and rural poverty, employers like Tata, Infosys and Wipro have set out to create avant-garde, environmentally smart corporate sanctuaries.

    And even if some architects and critics complain about the wisdom and taste of the efforts, the executives behind the building boom say their ambitious projects put a modern face on Indian business.

    T. V. Mohandas Pai, a director at Infosys, which has 15 campuses around India, said his company�s eclectic mix of designs from all over the world reflected this nation�s inclusive sensibility. �One singular thing is monotonous,� he said. �In India, we are a colorful people.�

    Like China a decade earlier, India appears to be at that phase of economic development where buildings are meant to help advertise the nation�s arrival on the world stage. But unlike China, where the government and state-owned corporations took the lead, private companies in India have headed the charge � not the government, which struggles to execute even basic construction projects.

    And within India�s business world, technology companies have been more adventurous than others, perhaps because of their outsize financial success and their need to hire tens of thousands of workers to write software for foreign clients. State and federal governments are aiding the effort by offering these companies generous tax incentives and choice pieces of real estate to build big campuses.

    Competition for employees is intense, because while India produces about 500,000 engineers every year, most colleges provide such poor education that the industry says that just a quarter of graduates are employable. But among those most qualified � typically graduates of elite places like the Indian Institutes of Technology and Birla Institute of Technology and Science � as many as 18 percent leave for other jobs every year. The outsourcing companies see lavish, environmentally friendly campuses as a way to help attract and retain the best and brightest workers.

    With their manicured lawns, power generators and lakes, the campuses are a noticeable improvement on most engineering colleges, which suffer from India�s standard infrastructure deficiencies � blackouts, water shortages and poor maintenance.

    �I prefer a big campus,� said Aditya Mathur, a software engineer, 23, who joined Wipro a year ago, and now works at a four-year-old office in Gurgaon, south of New Delhi, as a software tester. �The facilities are better in a big campus.�

    Tata Consultancy Services � or T.C.S., as the company is known � is spending $200 million on its Siruseri campus and has hired the Uruguayan-born Canadian architect Carlos A. Ott, who designed the opera house on the Place de la Bastille in Paris. The company is also building big campuses in Ahemdabad, Pune, Calcutta and Hyderabad.

    But some critics say that too many of the industry�s new complexes are intended to make a big splash without much thought of how they will function and fit into the local surroundings.

    �It is a haphazard reaching for something that will quickly make a statement about the place being world class,� said Himanshu Burte, an architecture critic who writes frequently for Indian newspapers.

    But Rahul Mehrotra, a prominent architect who has designed an office building for Hewlett-Packard in Bangalore, the city at the heart of India�s technology industry, argued that rather than being outr�, too many Indian tech campuses had a hackneyed feel, evoking the sprawling suburban campuses of Silicon Valley or American companies like Google and Apple.

    �The architecture in these cases symbolizes the fact that these are places of outsourcing, not cutting-edge research,� said Mr. Mehrotra, who lives in Mumbai and Boston.

    Mr. Pai of Infosys said he was unconcerned about such criticism. He said the people who mattered to the company � employees and customers � raved about its buildings, particularly those that resembled landmarks like the Coliseum at its new campus in the city of Mysore. �They like the fact that it�s so diverse,� he said.

    Infosys probably set the standard for ambitious corporate campuses in India more than a decade ago. Many other companies grew helter-skelter wherever they could find space. But Infosys started building large complexes, beginning with its first campus on the southern edge of Bangalore, its home city, in 1995, just a few years after India started to open its economy to the rest of the world.

    That first campus, which, after many expansions, can now accommodate 24,000 people, was considered cutting-edge for creating an ordered oasis of lawns and lakes in the midst of the urban chaos that envelops most commercial areas in India. The complex also established the company�s quirky style � with a glass pyramid for an auditorium and a building that resembles a washing machine � and helped set a benchmark for big campuses in the technology industry.

    Mr. Pai, who determined the overall layout of the campuses with the company�s chairman, N. R. Narayana Murthy, said Infosys was determined to make every new campus �better than our last campus.�

    Their rules include the tenet that no two buildings should look alike. Another audacious goal is that every campus should become a �carbon sink� in the next five years. In other words, trees, lakes and other natural features should absorb more carbon than is generated by the campus.

    Some other firms, like Wipro, tend to be more understated, opting for standard-looking office buildings. But even these companies have trademark causes. Wipro prides itself on minimizing the use of power and, especially, water. It recycles water and creates lakes to harvest the rain. At one of its campuses in Bangalore, a training center appears to float on one of these reservoirs.

    T.C.S., based in Mumbai, has long had significant operations in and around Chennai, the city formerly known as Madras, which is on the Bay of Bengal. But N. Chandrasekaran, chief executive of T.C.S., said the company previously had too many buildings arbitrarily sprinkled around that region.

    The new Siruseri campus, 18 miles south of Chennai, is meant to help consolidate some of those outposts and give employees a sense of place and pride of ownership. �We had multiple buildings and we felt that we should have a campus where employees will feel empowerment, will feel good about working,� he said �and at the same time we have a place to host clients.�

    For at least some employees, the plan seems to be succeeding.

    Deenathajalan Sugumar, who works in production support, recently moved to the new T.C.S. campus in Siruseri from a smaller building in Chennai. He gushed about the campus, even though he now commutes by a company bus for more than an hour every day, more than double his previous travel time.

    �It�s my home,� Mr. Sugumar, 24, said. �It�s my company.�


    The Outsourcing Battle (http://www.nytimes.com/interactive/2010/12/28/business/global/20101228-sizzle-ss.html) New York Times





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  • conchshell
    08-05 06:51 PM
    By the time, the lion gets the GC, he might have forgot he was a lion, and even after getting GC, he will continue to act like monkey.

    Yes ... this leads to a pale and worried Lion keep worrying that whether he should stay with the current zoo for n number of days before taking a new position at some other zoo.

    Looks like a story plot for Madagascar III



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  • unitednations
    03-24 02:39 PM
    UN - why do you think USCIS allows

    (1) File for h1b from consulting company - when they think there is an issue
    (2) Allow labor substitution - when they think it is not good
    (3) Allow eb3 to eb2 porting - when they think it is not good
    ....
    ....
    ....

    the list can go on

    Why do you think people who are following law - not liked by USCIS?

    I am not blaming USCIS or not poking at them or your interpretation.

    I personally see that if you are not properly represented either by company or my a good Attorney - you are bound to have issues.

    Right now USCIS is giving everyone a hard time.

    I didn't even think that getting rid of labor substitution was a good thing. Much of the issues related to labor substgitution had to do with IT jobs. Although IT jobs take up a good number of greencards; it impacted other companies/people who weren't doing anything wrong with it. It was a first step in making eb harder.

    I am a pretty good advocate of the staffing companies. Kill staffing companies and h-1b and employment base greencard is finished for people from india. I don't think many people realize the implications of what is going on. Staffing companies are the lifeline for employment base IT and for nurses. Thre would be no more retrogressoin as people wouldn't be able to come here. All the people who are here in so called permanent jobs will also eventually get squeezed (laid off; company mergers; promotions; more rules like tarp, etc., and they will eventually also stop doing greencards except for the most senior of senior people).

    People really need to be careful right now.





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  • rsdang
    08-11 04:55 PM
    :D1) Did you fart? Cuz you just blew me away.

    2) Are yer parents retarded? Cuz ya sure are special.


    3) My Love fer you is like diarrhea, I can't hold it in!

    4) Do you have a library card? Cuz I'd like to check you out.


    5) Is there a mirror in yer pants? Cuz I can see myself in em.


    6) If you was a tree and I were a Squirrel, I'd store my nuts in yer hole.


    7) You might not be the best lookin girl here, but beauty's only a light switch away.

    8) Fat Penguin................... Sorry, I just wanted to say something that would break the ice.


    9) I know I'm not no Fred Flintstone, but I bet I can make yer bed-rock.


    10) I can't find my puppy , can you help me find him? I Think he went into this cheap motel room.


    11) Yer eyes are as blue as window cleaner.


    12) If yer gunna regret this in the mornin', we kin sleep Til afternoon.



    13) Yer face reminds me of a wrench, every time I think of it my nuts tighten up

    And.... The best for last!

    14) I may not be Mr. Right, but I'll damn sure hump ya' till he comes along...



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  • sk2006
    06-05 02:48 PM
    This is a very healthy discussion!!.
    My two cents.

    Buying a house is the best decision no matter what, if you can get for a good price(price u can afford) at a GOOD LOCATION!!!. I think location is more important...
    As far as real estate investment is concerned.. It is
    LOCATION LOCATION LOCATION..

    Nothing...else..!! .. Even if you are in H1B or GC if you know that u can stick to one job for a while and u get a house in a good location... this is the best time to invest!!


    Partially true.
    In good locations prices are falling slowly but that does not mean they can't fall as much as they have fallen in other areas.

    The primary reason for the big boom in housing was not Rising incomes or rising affordability. It was not even Demand and Supply of Real Estate like may Real estate agents would tell you..

    It was Demand and Supply of Easy Credit.

    Days are easy credit are gone and we would not see it again atleast not for many many years to come. With Real wages falling and unemployment rising there is no way housing prices will rise any time soon. First they have to stop falling!

    So buy a house if rent and mortgage(+tax+maintenace) are comparable and you plan to stay in the area for long time. And for next many years don't look at the value of your house on zillow.com





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  • axp817
    03-26 05:20 PM
    What eventually happened to the case.

    The baltimore case I mentioned happened in 2005 which was certified by AAO.

    UN,
    Thanks for sharing your thoughts on this. As always, your time is highly appreciated.

    So I assume in the Baltimore case, the 485 eventually did get approved (or if still pending, the USCIS atleast okayed the switch back to the petitioning employer despite the 140 revocation).

    And yes, I am talking about cases where the 140 was revoked for genuine ability to pay reasons and not so the underlying labor could be substituted for someone else.



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  • jkays94
    05-31 08:36 PM
    Some CNN folks move to Fox but I doubt whether Lou stands a chance.


    Dobb's was once CNN's executive VP, he quit CNN and returned later....

    Dobbs left CNN in 2000, reportedly due to heated clashes with its president, Rick Kaplan, one of which actually occurred on-air when Kaplan suggested to cut from Moneyline to a live address by Bill Clinton at Columbine, which Dobbs believed was a staged event and not newsworthy. [2] Dobbs returned the following year at the behest of his friend and CNN founder Ted Turner, becoming host and managing editor of the new and initially more general news program Lou Dobbs Moneyline which later became Lou Dobbs Tonight. Dobbs also hosts a nationally syndicated radio show, The Lou Dobbs Financial Report, and is a regular columnist in Money magazine, U.S. News & World Report, and the New York Daily News. [more] (http://en.wikipedia.org/wiki/Lou_Dobbs)





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  • unitednations
    08-01 10:48 PM
    UN, can you please reply? Thanks!


    No; it is not fraud. I have seen many g-325a's and many people seem to miss last address outside usa for more then one year and last occupation for more then one year outside usa.

    There are many uses for this. If you look at the bottom left hand corner of g-325a there is some annotations to it. One of the g-325a's get sent to the consulate. Now; what does the consulate do with it???? Do they compare it with your original visa application of what your last occupation/address was?

    One of the other uses of this information is that a person could have come to usa 8 years ago but you only need to show 5 years of biographical information. USCIS can then calculate when you really came into the country and see if you maintained the status ever since you left your foreign residence.



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  • xyzgc
    12-27 01:29 AM
    great posts by alisa, gcisadawg and abcdgc. I don't agree with alisa but the posts are decent.





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  • gchopes
    06-24 10:33 PM
    Why are be debating 3 - 4 years rent vs own? As the subject indicates "long" term prospects of buying a home..we of all the ppl should know the meaning of the word "long" based on our "long" wait for PD (which I think should be renamed to retrogress date because I see nothing priority about it)..the point being lets debate 10 years rent vs own..as against 3-4...I think over a 10 year timeline the buyers would come out ahead of the renters..maybe not in CA but in other states that's quite likely..



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  • jkays94
    10-03 12:49 PM
    Its a pity when it is obvious through numerous congressional debates who the culprits are in blocking EB friendly legislation. Here we are again with the EB recapture bill and who again is blocking it? The New York times identifies them by name and nowhere does it mention Durbin. Its thus is beyond comprehension when unfounded future claims of doom, apprehension and fear are spread without the basis and contrary to facts presently before us. Instead one needs to be more concerned about the possible reelection of the two below and several of their sidekicks:

    Jeff Sessions (R)
    Steve King (R)

    A House bill that could recapture an estimated 550,000 lost visas, sponsored by Representative Zoe Lofgren, a California Democrat, has been moving slowly through the committee process despite the best efforts of members like Representative Steve King, Republican of Iowa, to sabotage it with ridiculously restrictive amendments.

    In the Senate, Robert Menendez, Democrat of New Jersey, is insisting that a visa-recapturing amendment be added to a bill reauthorizing E-Verify, the federal database program to prevent the hiring of illegal immigrants. For this, he has endured an onslaught of criticism from nativist groups and colleagues, like Jeff Sessions of Alabama. (http://www.nytimes.com/2008/10/03/opinion/03fri2.html?ex=1380772800&en=282e9836144364be&ei=5124&partner=permalink&exprod=permalink)





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  • javadeveloper
    07-19 07:33 PM
    Hello unitednations,

    Can you please comment on my case , pls look at post#140 or http://immigrationvoice.org/forum/showpost.php?p=124370&postcount=140

    I appreciate your help.



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  • pthoko
    07-11 10:10 AM
    pthoko..

    wait for UN's reply

    but I think it is better to be honest on the G328 form and not lie as it mentions in coconut sized letters that we r mentioning the facts and signing the forms. Later on they will have all the rights to ask proof documents thru RFE for paystubs,w2 etc, after that we cannot lie anymore and might land in further mess. we submit all the H1/L1 approvals at the time of 485 filing..they can just enter the case# and get the whole history of the case...

    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..

    * i140 stage,only the companies financial records r checked,you even need not be employed with them when you r filing the i140.
    * 1st time stamping in Canada/Mexico for H1b is not possible I think as it has to be done in home country,unless you have a US Masters.

    btw...I have a question, does your H1b approval have an i94 attached with it...? hopefully ..yes..

    YES my H1B approval had an I-94 attached with it. Same no: as my L1 I-94.

    Thanks.





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  • NKR
    09-30 02:55 PM
    I think a lot of AC21 cases are getting rejected because of the revocation of I140, Companies don't want to keep the people on their list if he/she is not working, because they have to prove the ability to pay for all those people as well. so they are revoking the I140 for people who are not with them anyore to reduce number of people in their list with USCIS.

    How hard is it to figure out that people used AC21 and moved to another company, so the previous employer is out of the picture?. Why should the previous employer�s ability to pay matter?.



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  • pointlesswait
    08-05 10:38 AM
    here is another point:
    if you want to remain a slave to the GC process and ristrict your career by staying with a company..just because you dont want to lose your PD...then..god save u and ur future..


    the person who ports his PS was already in the line..he reclaimed his rightful place after going thru the due deligence...of restarting his GC process...in fact ppl.

    i am sure ..after oct they will offer some relief to Eb3 category...


    i think its a childish and selfish idea...i agree labor substitution was absolute nonsense...but not PD porting!

    Why did they not take the employer to court? Why make the EB2 line suffer for these employer's faults?

    If an employer wrongly files your case under EB3 instead of EB2 or EB1, then the onus is on you to challenge them and take them to court if need be.





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  • jonty_11
    08-07 03:35 PM
    UN,

    I understand u had a topsy turvy ride to GC urself...and ur story is posted somewhere....Can you or someone who may know point me to it...ur GC interview and what not?





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  • nojoke
    04-15 06:18 PM
    kaiserose & NKR have made some mistakes by buying a costly home & wouldn't admit.

    May God Bless you guys.

    :D:D





    Macaca
    05-02 05:32 PM
    America is bleeding competitiveness (http://venturebeat.com/2011/04/28/brain-drain-or-brain-circulation-america-is-bleeding-competitiveness/) By Vivek Wadhwa | Entrepreneur Corner

    With anti-immigrant sentiment building across the nation, and clouds of nativism swirling around Washington, D.C., skilled immigrants are voting with their feet. They are returning home to countries like India and China. It�s not just the people we are denying visas to who are leaving; even U.S. permanent residents and naturalized citizens are going to where they think the grass is greener. As a result, India and China are experiencing an entrepreneurship boom. And they are learning to innovate just as Silicon Valley does.

    Some call this a �brain drain� others say it is �brain circulation.� It is without doubt, good for these countries and it is good for the world. But this is America�s loss: innovation that would otherwise be happening here is going abroad. Without realizing it, we are exporting our prosperity and strengthening our competitors.

    There are no hard data available on how many skilled immigrants have already left the U.S. My estimate is that 150,000 have returned to India and China, each, over the past two decades. The trend has accelerated dramatically over the past five years; tens of thousands are now returning home every year. Most authorities agree with these estimates. For example, the Chinese Ministry of Education estimates that the number of overseas Chinese who returned to China in 2009 having received a foreign education reached 108,000: a sharp increase of 56.2% over the previous year. In 2010, this number reached an all-time high of 134,800 (a significant proportion studied in the U.S.).

    Why is this important? Because, as research conducted by my team at Duke, UC-Berkeley, Harvard, and New York University has shown, 52.4% of all startups in Silicon Valley, from 1995 to 2005, were founded by immigrants. With all these immigrants leaving, and the next generation of foreign-born entrepreneurs trapped in �immigration limbo,� we won�t have as many immigrant founded startups in the future. The xenophobes who are lobbying against skilled immigration will cheer; but there won�t be more jobs for Americans; just less startups in the U.S. and more abroad. The U.S. pie will be smaller.

    My team researched the backgrounds of immigrant founders, and the U.S. immigration backlog. We learned that the majority came to the U.S. as students; 74% held graduate or post graduate degrees, of which 75% were in science, engineering, technology, or mathematics. On average, immigrants started their ventures 13 years after entering the U.S.

    During the last twenty years, we admitted record numbers of international students and highly educated foreign workers on temporary visas. But we never expanded the number of permanent resident visas that allow them to stay permanently. The result is that we have a backlog of more than one million skilled workers�doctors, scientists, researchers, and engineers, who are trapped in immigration limbo. They are working for the same companies and doing the same jobs as when they filed their paperwork for gaining permanent residence; this may have been 10-15 years ago. A foreign student who graduates with a masters or PhD in engineering from Duke or Stanford and joins the queue today will have to wait 10-20 years, perhaps longer, to gain permanent residence. They can�t start companies or progress their careers during the most productive period in their lives. Why would anyone put up with that?

    Indeed, a survey we conducted of 1,224 foreign nationals who were studying at U.S. universities in 2009, or who had just graduated, revealed that they believed that the U.S. was no longer the destination of choice for professional careers. Most did not want to stay for very long. Fifty eight percent of Indian, 54% of Chinese, and 40% of European students said that they would stay in the U.S. for at least a few years after graduation if given the chance, but only 6% of Indian, 10% of Chinese, and 15% of European students said they want to stay permanently. The largest group of respondents� 55% of Indian, 40% of Chinese, and 30% of European students�wanted to return home within five years. This is very different than what used to be the norm in previous decades: the vast majority of Indians and Chinese stayed permanently.

    Our surveys, in 2008, of 1,203 Indian and Chinese immigrants who had worked in or received their education in the U.S. and returned to their home countries revealed that although restrictive immigration policies had caused some returnees to depart, the most significant factors in the decision to return home were career opportunities, family ties, and quality of life. The move home also served as a career catalyst. For example, only 10% of the Indian returnees held senior management positions in the U.S., but 44% found jobs at this level in India. Chinese returnees went from 9% in senior management in the U.S. to 36% in China. The vast majority thought that quality of life, professional advancement, and family ties were at least as good at home as in the U.S.

    The majority of the people we surveyed said they planned to start a business within five years. When we published our research, many experts said that this is where returnees would face the greatest frustration�that the weak infrastructure in India; authoritarianism in China; and corruption and red tape and lack of funding in both countries would be a severe handicap. In other words, when it came to competition from startups in India and China, the U.S. had nothing to worry about.

    So, last September, we initiated a project to learn how the entrepreneurship landscape in India and China compares to the U.S. We wanted to learn why these entrepreneurs returned, what their perceptions of the entrepreneurial climate in their home countries were, what the advantages and disadvantages of working in India and China were over working in the U.S., and what types of ties they maintained to the U.S.

    We were really surprised at what we learned. In the next installment, I�ll discuss our findings.



    Standing Up for Guest Workers (http://www.nytimes.com/2011/05/02/opinion/02mon3.html) New York Times Editorial





    nk2006
    09-30 02:59 PM
    I think a lot of AC21 cases are getting rejected because of the revocation of I140, Companies don't want to keep the people on their list if he/she is not working, because they have to prove the ability to pay for all those people as well. so they are revoking the I140 for people who are not with them anyore to reduce number of people in their list with USCIS.

    That is right - most of these rejections seems to be because of I140 revocations - but as per AC21 this should not result in outright rejection and candidate needs to receive a NOID - this is a result of mis-interpretation of USCIS rules by their own staff and is an administrative issue which needs to be fixed by USCIS.



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