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ganguteli:
Don't get me wrong, I feel you!
But, simply saying that the law took a long time to catch up hence we should be let to continue exploiting the loopholes will not get us too far. And I think this is what you are asking for.
We are here because USCIS allowed us to come here. We (employees, employers, immigration lawyers) should have done our due diligence in doing everything possible to protect ourselves against possible/potential audits and queries. Someone should have warned us that there is actually a difference between "temp job" and "full-time job" (EDITED: for GC requirements) like 20 years ago when this consulting business started. The very same people who did not warn us should actually have told us that LCA location is not to be taken lightly, that benching is not okay. All of these did not even occur to us when we enjoyed our lives in this nation.
Yes, USCIS is awake all of a sudden. They are enforcing rules all of a sudden. They are scrutinizing our application all of a sudden. Is that illegal for them to do it? NO. Can something be done to stop them? Certainly NOT. What could we have done to avoid getting into the soup? Should have seen this coming!!!!!!!!
Unitednations,
I read your replies and it seems you are ignoring some facts and are forming a one sided opinion.
- Why did USCIS allow labor substitutions? Why did it take them so long to stop it? Why did they wait until after July 07 to stop it. Were they not allowing people to use this back door and lawyers to make money?
- If consulting is a problem, what were they doing in the past few years? What are they doing now? Do you think just a few raids once is enough to stop the problem? Why can't they enforce their own laws so that they punish the companies and not the immigrants.
- Why is USCIS making paperwork difficult. Why can't the system be simple like Canada or Australia so that we can do our own paperwork? Why are lawyers in the picture?
- If they find problem in consulting, why are they not going after Tata, Wipro etc. Don't tell me these companies are clean?
- Why is USCIS so disorganized without good IT. Do you think other agencies are also same? Do you think USCIS does not have enough money?
- Why can't they ban DV lottery? But go after H1Bs.
- Why can't ICE do their job of enforcement and round up illegals. If they were strict we will not have so many illegals or the problem of illegals.
The questions will go on. But you need to step back and think more from the perspective of a applicant waiting for his GC or H1B .
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Of luxury cars and lowly tractors (http://www.thehindu.com/opinion/columns/sainath/article995828.ece) By P. SAINATH | The Hindu
When businessmen from Aurangabad in the backward Marathwada region bought 150 Mercedes Benz luxury cars worth Rs. 65 crore at one go in October, it grabbed media attention. The top public sector bank, State Bank of India, offered the buyers loans of over Rs. 40 crore. �This,� says Devidas Tulzapurkar, president of the Aurangabad district bank employees association, �at an interest rate of 7 per cent.� A top SBI official said the bank was �proud to be part of this deal,� and would �continue to scout for similar deals in the future.�
The value of the Mercedes deal equals the annual income of tens of thousands of rural Marathwada households. And countless farmers in Maharashtra struggle to get any loans from formal sources of credit. It took roughly a decade and tens of thousands of suicides before Indian farmers got loans at 7 per cent interest � many, in theory only. Prior to 2005, those who got any bank loans at all shelled out between 9 and 12 per cent. Several were forced to take non-agricultural loans at even higher rates of interest. Buy a Mercedes, pay 7 per cent interest. Buy a tractor, pay 12 per cent. The hallowed micro-finance institutions (MFIs) do worse. There, it's smaller sums at interest rates of between 24 and 36 per cent or higher.
Starved of credit, peasants turned to moneylenders and other informal sources. Within 10 years from 1991, the number of Indian farm households in debt almost doubled from 26 per cent to 48.6 per cent. A crazy underestimate but an official number. Many policy-driven disasters hit farmers at the same time. Exploding input costs in the name of �market-based prices.' Crashing prices for their commercial crops, often rigged by powerful traders and corporations. Slashing of investment in agriculture. A credit squeeze as banks moved away from farm loans to fuelling upper middle class lifestyles. Within the many factors driving over two lakh farmers to suicide in 13 years, indebtedness and the credit squeeze rank high. (And MFIs are now among the squeezers).
What remained of farm credit was hijacked. A devastating piece in The Hindu (Aug. 13) showed us how. Almost half the total �agricultural credit� in the State of Maharashtra in 2008 was disbursed not by rural banks but by urban and metro branches. Over 42 per cent of it in just Mumbai � stomping ground of large corporations rather than of small farmers.
Even as the media celebrate our greatest car deal ever as a sign of �rural resurgence,� the subject of many media stories, comes the latest data of the National Crime Records Bureau. These show a sharp increase in farm suicides in 2009 with at least 17,368 farmers killing themselves in the year of �rural resurgence.� That's over 7 per cent higher than in 2008 and the worst numbers since 2004. This brings the total farm suicides since 1997 to 216,500. While all suicides have multiple causes, their strong concentration within regions and among cash crop farmers is an alarming and dismal trend.
The NCRB, a wing of the Union Home Ministry, has been tracking farm suicide data since 1995. However, researchers mostly use their data from 1997 onwards. This is because the 1995 and 1996 data are incomplete. The system was new in 1995 and some big States such as Tamil Nadu and Rajasthan sent in no numbers at all that year. (In 2009, the two together saw over 1,900 farm suicides). By 1997, all States were reporting and the data are more complete.
The NCRB data end at 2009 for now. But we can assume that 2010 has seen at least 16,000 farmers' suicides. (After all, the yearly average for the last six years is 17,104). Add this 16,000 to the total 2,16,500. Also add the incomplete 1995 and 1996 numbers � that is 24,449 suicides. This brings the 1995-2010 total to 2,56,949. Reflect on this figure a moment.
It means over a quarter of a million Indian farmers have committed suicide since 1995. It means the largest wave of recorded suicides in human history has occurred in this country in the past 16 years. It means one-and-a-half million human beings, family members of those killing themselves, have been tormented by the tragedy. While millions more face the very problems that drove so many to suicide. It means farmers in thousands of villages have seen their neighbours take this incredibly sad way out. A way out that more and more will consider as despair grows and policies don't change. It means the heartlessness of the Indian elite is impossible to imagine, leave alone measure.
Note that these numbers are gross underestimates to begin with. Several large groups of farmers are mostly excluded from local counts. Women, for instance. Social and other prejudice means that, most times, a woman farmer killing herself is counted as suicide � not as a farmer's suicide. Because the land is rarely in a woman's name.
Then there is the plain fraud that some governments resort to. Maharashtra being the classic example. The government here has lied so many times that it contradicts itself thrice within a week. In May this year, for instance, three �official' estimates of farm suicides in the worst-hit Vidarbha region varied by 5,500 per cent. The lowest count being just six in four months (See �How to be an eligible suicide,� The Hindu, May 13, 2010).
The NCRB figure for Maharashtra as a whole in 2009 is 2,872 farmers' suicides. So it remains the worst State for farm suicides for the tenth year running. The �decline' of 930 that this figure represents would be joyous if true. But no State has worked harder to falsify reality. For 13 years, the State has seen a nearly unrelenting rise. Suddenly, there's a drop of 436 and 930 in 2008 and 2009. How? For almost four years now, committees have functioned in Vidarbha's crisis districts to dismiss most suicides as �non-genuine.' What is truly frightening is the Maharashtra government's notion that fixing the numbers fixes the problem.
Yet that problem is mounting. Perhaps the State most comparable to Maharashtra in terms of population is West Bengal. Though its population is less by a few million, it has more farmers. Both States have data for 15 years since 1995. Their farm suicide annual averages in three-five year periods starting then are revealing. Maharashtra's annual average goes up in each period. From 1,963 in the five years ending with 1999 to 3,647 by 2004. And scaling 3,858 by 2009. West Bengal's yearly average registers a gradual drop in each five-year period. From 1,454 in 1999 to 1,200 in 2004 to 1,014 by 2009. While it has more farmers, its farm suicide average for the past five years is less than a third of Maharashtra's. The latter's yearly average has almost doubled since 1999.
The share of the Big 5 �suicide belt' States � Maharashtra, Andhra Pradesh, Karnataka, Madhya Pradesh and Chhattisgarh � remains close to two-thirds of all farm suicides. Sadly 18 of 28 States reported higher farm suicide numbers in 2009. In some the rise was negligible. In others, not. Tamil Nadu showed the biggest increase of all States, going from 512 in 2008 to 1060 in 2009. Karnataka clocked in second with a rise of 545. And Andhra Pradesh saw the third biggest rise � 309 more than in 2008. A few though did see a decline of some consequence in their farm suicide annual average figures for the last six years. Three � Karnataka, Kerala and West Bengal � saw their yearly average fall by over 350 in 2004-09 compared to the earlier seven years.
Things will get worse if existing policies on agriculture don't change. Even States that have managed some decline across 13 years will be battered. Kerala, for instance, saw an annual average of 1,371 farm suicides between 1997 and 2003. From 2004-09, its annual average was 1016 � a drop of 355. Yet Kerala will suffer greatly in the near future. Its economy is the most globalised of any State. Most crops are cash crops. Any volatility in the global prices of coffee, pepper, tea, vanilla, cardamom or rubber will affect the State. Those prices are also hugely controlled at the global level by a few corporations.
Already bludgeoned by the South Asian Free Trade Agreement (SAFTA), Kerala now has to contend with the one we've gotten into with ASEAN. And an FTA with the European Union is also in the offing. Kerala will pay the price. Even prior to 2004, the dumping of the so-called �Sri Lankan pepper� (mostly pepper from other countries brought in through Sri Lanka) ravaged the State. Now, we've created institutional frameworks for such dumping. Economist Professor K. Nagaraj, author of the biggest study of farm suicides in India, says: �The latest data show us that the agrarian crisis has not relented, not gone away.� The policies driving it have also not gone away.
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I would like to first applaud Pani for this effort. I strongly support his initative. I think his letter is original and from his heart. It is more authentic and human than what some on this forum are suggesting here. I think his gut feeling on this one is more important than the calculated steps IV has been taking so far.
These kind of authentic letters from members like pani would give IV a more strong foundation to focus their energy. I think all those who want to write letters to the President, Senator, Congressmen, USCIS, DOL, DOS, DOJ, etc should do so and also should write the letter on their own instead of copying one. The reasons, sentiments and purpose will add more flavour to the whole thing. I would go one step further to suggest that some should write the letter in Spanish, French, Mandarin, Hindi, Urdu, etc, etc, if they think that they can express themselves better in their own language.
Pani once again I would like to say that you are doing the right thing.
PS: When the ship is sinking everyone wants to escape but the one who is aggresive to save himself has more chance of living than the other who is waiting for someone to save him.
Best luck for this.
Hope you have been contributing in past and continue to contribute in IV efforts. If havent think why you didnt yet.
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