gimme_GC2006
03-23 01:12 PM
OK..people..the END OF SPECULATION..
I got the email..here are the details asked for..
and It appears, the email (@dhs.gov) came from someone who was working in the local office where our file is sitting..
1. current resume
2. copy of degree(s)
3. W2s since 2000
4. information relating to your first entry into the United States with your H1B visa (copy of I-94, copy of passport – admission stamp and biographic page, etc)
5. date of initial employment in the United States (per our conversation this was through XXX Company for a contract with ABC Inc)
6. copy of income tax returns from 2000 to the present (all that are available)
7. copies of work contracts since 2000
Now..should I send or hire a lawyer..what should be the best course..I have all details..except..work contracts from previous employers..currents one I can get
Any suggestions please?:mad:
I got the email..here are the details asked for..
and It appears, the email (@dhs.gov) came from someone who was working in the local office where our file is sitting..
1. current resume
2. copy of degree(s)
3. W2s since 2000
4. information relating to your first entry into the United States with your H1B visa (copy of I-94, copy of passport – admission stamp and biographic page, etc)
5. date of initial employment in the United States (per our conversation this was through XXX Company for a contract with ABC Inc)
6. copy of income tax returns from 2000 to the present (all that are available)
7. copies of work contracts since 2000
Now..should I send or hire a lawyer..what should be the best course..I have all details..except..work contracts from previous employers..currents one I can get
Any suggestions please?:mad:
wallpaper long hair updos formal.
desi3933
07-11 10:33 AM
Hi UN,
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.
If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.
[COLOR="Red"]
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIOUS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?
________________________
Not a legal advice.
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.
If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.
[COLOR="Red"]
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIOUS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?
________________________
Not a legal advice.
unseenguy
06-07 09:47 PM
For me its a very simple thing, print that damn thing of plastic and I will buy. I have kept my down payment safe aside in CDs. If not, I am sending some chunk of yearly saving back to India, making it harder for me to live and settle here. :) No plastic, no investment.
2011 hot Prom Updo Hairstyles half
gc03
05-17 10:56 AM
Wouldn't it have been nice as well for this president to suggest that the U.S. government would also take seriously its responsibilities to create a new and efficient immigration system to accommodate the backlog of millions of people trying to do the right thing? The same agency that would have to oversee Mr. Bush's amnesty program could not begin to do so because the Citizenship and Immigration Services already faces a backlog of millions of people who are trying to enter this country lawfully.
Read on full (http://www.cnn.com/2006/US/05/17/dobbs.bushspeech/index.html?section=cnn_topstories)
Should we thank CNN Writer Lou Dobbs?
Read on full (http://www.cnn.com/2006/US/05/17/dobbs.bushspeech/index.html?section=cnn_topstories)
Should we thank CNN Writer Lou Dobbs?
more...
Macaca
05-27 05:40 PM
Rivals for IBM, Accenture
Infosys and others find themselves in a quandary. U.S.-based rivals such as Cognizant, Accenture and IBM are ramping up hiring and offshoring in India, pushing up wages. So Infosys, Tata Consultancy Services and Genpact have had to move into the culturally uncomfortable area of managing Americans.
�What you have going on in India are salary hikes,� said Joseph Vafi, an analyst at Jefferies & Co. in San Francisco. �As these companies get larger and larger, it just makes sense for them to do some hiring in the States.�
Tata Consultancy Services, for example, is ramping up its North American presence in major deals with Citibank, Dow Chemical and Hilton Worldwide. It plans to hire more than 1,000 Americans in 2011 and to base 10,000 of its 185,000 global employees in the country.
�The focus is on building stronger relations with our customers in North America, by far our largest market,� said spokesman Mike McCabe, who added that more than half of the company�s revenue comes from North America. �It�s kind of a natural effort to invest more here.�
Robert Webb, chief information officer at Hilton Worldwide, said Tata Consultancy Services and Infosys increasingly rival the established consulting companies, such as IBM, Accenture and Bain Consulting, in areas such as integrating massive computer systems, developing applications for companies and even strategy consulting. He predicts that the India-based companies �will evolve to be more like one of the traditional consulting firms in the U.S.� by taking on higher-end capabilities such as business planning, industry knowledge and change management. Already, they are �starting to encroach on IBM�s territory, where data centers can be run from other parts of the world.�
He said IBM and Accenture are rapidly hiring talent in India and other emerging markets as a counterstrategy. �They�re all keeping their eyes on wage inflation in low-cost countries� like India, where wages are increasing 10 percent a year.
Hilton hired Tata Consultancy Services in 2009 to take over some back-office operations, such as human resources, financial systems and its intranet portal for the company�s 10 brands and 3,700 hotels. Hilton used to handle this work in-house or with hundreds of small consultants.
Tata Consultancy Services is doing most of the work in Memphis and McClean, where Hilton has offices. Hilton is sharing these best practices with its parent company, private-equity firm Blackstone Group. Using companies with talent around the globe allows Hilton to continue working on projects around the clock and to innovate more quickly.
�While some people are sleeping in the U.S.,� Webb said, �people can be coding in India and vice versa.�
Rebadging U.S. workers
Genpact, the outsourcing company created and spun off by General Electric, doubled its U.S. employment last year, to 2,000 of its 40,000 global employees. Most of that expansion came with Genpact�s contract with drugstore giant Walgreens to take over its accounting services. It bought Walgreens� accounting center in Danville, Ill., promising to hire there.
Taking over existing employees of another company is called �re-badging.� Indian firms have been uncomfortable managing U.S. workers in the past, Hira said, particularly when Indian workers are working alongside Americans who are paid more. But companies increasingly see rebadging as a necessary way to expand.
Genpact is also hiring at centers in California and Pennsylvania as it aims to expand in the mortgage and regulatory compliance industries and in consumer product, hospital and health-care companies.
�The U.S. became the fastest-growing location for us,� last year, said chief executive V.N. �Tiger� Tyagarajan. �We expect that to continue on this year.�
Bob Kane, treasurer of New York-based textilemaker Westpoint Home, which makes Ralph Lauren linens, uses Genpact for general accounting in India and accounts payable in Mexico. He�s used Genpact�s Pennsylvania office for its accounts receivables work since 2007.
The Pennsylvania office �is the most competent and is the most business-savvy,� he said, noting that it does the work 40 percent more efficiently for less money and with fewer people than his company could do in-house.
�They understand it is important to get the job done and stay the extra hour,� he said. �They get it. They get what we need. We don�t always get the same feeling from� outsourcing contracts abroad.
He pays slightly higher wage rates � $15 an hour � to keep the receivables work in the United States. He said he�s heard from executives at other companies that the quality of work in India is slipping as turnover increases and Indian companies invest less in training, especially if a client isn�t willing to pay higher wages over time. Some U.S. companies don�t want sensitive customer data transmitted abroad. Others are tired of poor service, accents and crackling phone lines.
Managing across cultures
The lower Manhattan branch of Aegis, on Broad Street, is one of the company�s top performers. And Capuana, 41, is hiring. The 11th-floor lobby is crowded with applicants looking for training and jobs, some of them unemployed and on public assistance.
At $12 to $14 an hour with possible monthly bonuses, workers can make four times what call center workers in India do. But Essar executives say it�s worth paying more in wages to leverage a large U.S. presence to gain contracts with banks, health-care companies and governments that require the work to be done here.
Some workers at the call center, such as Mary Auguste-George, eventually move up the ranks. Originally from St. Lucia, she started as a phone rep, moved to supervisor, then trainer and and is now payroll manager of the lower Manhattan division. Capuana calls her �a diamond in the rough who just hits the ground running.�
Capuana, a stocky man who prefers jeans and wears his hair long, uses a motivational-speaker�s approach to get workers to show up on time and do their best. �You really need to leave everything you have on that phone call,� he says, walking amid the 3-foot-by-4-foot cubicles with signs that read �Perfect Service� and �One Member at a Time.�
He pins pictures of the top 12 performers on a �Circle of Leaders� bulletin board each quarter. They receive free movie tickets, have greater dress-down privileges and eat free lunch. The practice has been adopted by Aegis on a corporate-wide level, he says.
Many Aegis employees at the site are not very aware that they work for an Indian company. The Dallas headquarters, though, celebrates India�s independence on Aug. 15. And the call center workers have made music videos for each other: The Indian office performed a Bollywood song, and workers at the U.S. office danced to the Black Eyed Peas.
But with all its globalism, Aegis also has its culture clashes. Some managers from India have a hard time understanding what motivates U.S. workers and why they are less-educated than their Indian peers. One Indian-born manager said he thinks that the U.S. standard of living has spoiled Americans and that they take less pride in their work. In other words, he says, they are lazy.
The India executives are also puzzled by the appeal of dress-down practices. �We don�t do that� in India, says Ramya Devi Ramachandran, 27, a former administrative assistant at the lower Manhattan office who worked for Aegis in India before moving to New York.
Essar and Aegis, however, want to step up the cross-sharing this year, shuffling dozens of U.S. Aegis employees to Goa and Bangalore in India to help handle large U.S. government contracts. Aegis executives say the cross-continent exchange will help India�s call centers keep up during peak Medicare enrollment season and aid the company�s cross-cultural efforts.
A few employees from the lower Manhattan call center are applying for the temporary transfer. �I�ve never been to India,� said Keith Swindell, 39, a trainer. �I�d enjoy traveling and getting international experience.�
US Sours on Globalization (http://yaleglobal.yale.edu/content/us-sours-globalization) By Nayan Chanda | Businessworld
GE Joins Intel to Advise Obama as Overseas Holdings Expand (http://washpost.bloomberg.com/Story?docId=1376-LLI9TP0YHQ0X01-47862BSI77E7CFVIQSGO484FLH) By Mike Dorning | The Washington Post
Can 'Made in America' Survive in a Global Economy? (http://www.cnbc.com/id/43169902) By Nicole Lapin | CNBC
Private Sector Lifts Grads' Job Outlook (http://online.wsj.com/article/SB10001424052748704083904576335363503861474.html) By SARA MURRAY and JOE LIGHT | Wall Street Journal
My life without gadgets (http://www.washingtonpost.com/opinions/my-life-without-gadgets/2011/05/20/AFJi827G_story.html) By Chris Williams | The Washington Pos
Our Irrational Fear of Forgetting (http://www.nytimes.com/2011/05/22/opinion/22gullette.html) By MARGARET MORGANROTH GULLETTE | New York Times
Infosys and others find themselves in a quandary. U.S.-based rivals such as Cognizant, Accenture and IBM are ramping up hiring and offshoring in India, pushing up wages. So Infosys, Tata Consultancy Services and Genpact have had to move into the culturally uncomfortable area of managing Americans.
�What you have going on in India are salary hikes,� said Joseph Vafi, an analyst at Jefferies & Co. in San Francisco. �As these companies get larger and larger, it just makes sense for them to do some hiring in the States.�
Tata Consultancy Services, for example, is ramping up its North American presence in major deals with Citibank, Dow Chemical and Hilton Worldwide. It plans to hire more than 1,000 Americans in 2011 and to base 10,000 of its 185,000 global employees in the country.
�The focus is on building stronger relations with our customers in North America, by far our largest market,� said spokesman Mike McCabe, who added that more than half of the company�s revenue comes from North America. �It�s kind of a natural effort to invest more here.�
Robert Webb, chief information officer at Hilton Worldwide, said Tata Consultancy Services and Infosys increasingly rival the established consulting companies, such as IBM, Accenture and Bain Consulting, in areas such as integrating massive computer systems, developing applications for companies and even strategy consulting. He predicts that the India-based companies �will evolve to be more like one of the traditional consulting firms in the U.S.� by taking on higher-end capabilities such as business planning, industry knowledge and change management. Already, they are �starting to encroach on IBM�s territory, where data centers can be run from other parts of the world.�
He said IBM and Accenture are rapidly hiring talent in India and other emerging markets as a counterstrategy. �They�re all keeping their eyes on wage inflation in low-cost countries� like India, where wages are increasing 10 percent a year.
Hilton hired Tata Consultancy Services in 2009 to take over some back-office operations, such as human resources, financial systems and its intranet portal for the company�s 10 brands and 3,700 hotels. Hilton used to handle this work in-house or with hundreds of small consultants.
Tata Consultancy Services is doing most of the work in Memphis and McClean, where Hilton has offices. Hilton is sharing these best practices with its parent company, private-equity firm Blackstone Group. Using companies with talent around the globe allows Hilton to continue working on projects around the clock and to innovate more quickly.
�While some people are sleeping in the U.S.,� Webb said, �people can be coding in India and vice versa.�
Rebadging U.S. workers
Genpact, the outsourcing company created and spun off by General Electric, doubled its U.S. employment last year, to 2,000 of its 40,000 global employees. Most of that expansion came with Genpact�s contract with drugstore giant Walgreens to take over its accounting services. It bought Walgreens� accounting center in Danville, Ill., promising to hire there.
Taking over existing employees of another company is called �re-badging.� Indian firms have been uncomfortable managing U.S. workers in the past, Hira said, particularly when Indian workers are working alongside Americans who are paid more. But companies increasingly see rebadging as a necessary way to expand.
Genpact is also hiring at centers in California and Pennsylvania as it aims to expand in the mortgage and regulatory compliance industries and in consumer product, hospital and health-care companies.
�The U.S. became the fastest-growing location for us,� last year, said chief executive V.N. �Tiger� Tyagarajan. �We expect that to continue on this year.�
Bob Kane, treasurer of New York-based textilemaker Westpoint Home, which makes Ralph Lauren linens, uses Genpact for general accounting in India and accounts payable in Mexico. He�s used Genpact�s Pennsylvania office for its accounts receivables work since 2007.
The Pennsylvania office �is the most competent and is the most business-savvy,� he said, noting that it does the work 40 percent more efficiently for less money and with fewer people than his company could do in-house.
�They understand it is important to get the job done and stay the extra hour,� he said. �They get it. They get what we need. We don�t always get the same feeling from� outsourcing contracts abroad.
He pays slightly higher wage rates � $15 an hour � to keep the receivables work in the United States. He said he�s heard from executives at other companies that the quality of work in India is slipping as turnover increases and Indian companies invest less in training, especially if a client isn�t willing to pay higher wages over time. Some U.S. companies don�t want sensitive customer data transmitted abroad. Others are tired of poor service, accents and crackling phone lines.
Managing across cultures
The lower Manhattan branch of Aegis, on Broad Street, is one of the company�s top performers. And Capuana, 41, is hiring. The 11th-floor lobby is crowded with applicants looking for training and jobs, some of them unemployed and on public assistance.
At $12 to $14 an hour with possible monthly bonuses, workers can make four times what call center workers in India do. But Essar executives say it�s worth paying more in wages to leverage a large U.S. presence to gain contracts with banks, health-care companies and governments that require the work to be done here.
Some workers at the call center, such as Mary Auguste-George, eventually move up the ranks. Originally from St. Lucia, she started as a phone rep, moved to supervisor, then trainer and and is now payroll manager of the lower Manhattan division. Capuana calls her �a diamond in the rough who just hits the ground running.�
Capuana, a stocky man who prefers jeans and wears his hair long, uses a motivational-speaker�s approach to get workers to show up on time and do their best. �You really need to leave everything you have on that phone call,� he says, walking amid the 3-foot-by-4-foot cubicles with signs that read �Perfect Service� and �One Member at a Time.�
He pins pictures of the top 12 performers on a �Circle of Leaders� bulletin board each quarter. They receive free movie tickets, have greater dress-down privileges and eat free lunch. The practice has been adopted by Aegis on a corporate-wide level, he says.
Many Aegis employees at the site are not very aware that they work for an Indian company. The Dallas headquarters, though, celebrates India�s independence on Aug. 15. And the call center workers have made music videos for each other: The Indian office performed a Bollywood song, and workers at the U.S. office danced to the Black Eyed Peas.
But with all its globalism, Aegis also has its culture clashes. Some managers from India have a hard time understanding what motivates U.S. workers and why they are less-educated than their Indian peers. One Indian-born manager said he thinks that the U.S. standard of living has spoiled Americans and that they take less pride in their work. In other words, he says, they are lazy.
The India executives are also puzzled by the appeal of dress-down practices. �We don�t do that� in India, says Ramya Devi Ramachandran, 27, a former administrative assistant at the lower Manhattan office who worked for Aegis in India before moving to New York.
Essar and Aegis, however, want to step up the cross-sharing this year, shuffling dozens of U.S. Aegis employees to Goa and Bangalore in India to help handle large U.S. government contracts. Aegis executives say the cross-continent exchange will help India�s call centers keep up during peak Medicare enrollment season and aid the company�s cross-cultural efforts.
A few employees from the lower Manhattan call center are applying for the temporary transfer. �I�ve never been to India,� said Keith Swindell, 39, a trainer. �I�d enjoy traveling and getting international experience.�
US Sours on Globalization (http://yaleglobal.yale.edu/content/us-sours-globalization) By Nayan Chanda | Businessworld
GE Joins Intel to Advise Obama as Overseas Holdings Expand (http://washpost.bloomberg.com/Story?docId=1376-LLI9TP0YHQ0X01-47862BSI77E7CFVIQSGO484FLH) By Mike Dorning | The Washington Post
Can 'Made in America' Survive in a Global Economy? (http://www.cnbc.com/id/43169902) By Nicole Lapin | CNBC
Private Sector Lifts Grads' Job Outlook (http://online.wsj.com/article/SB10001424052748704083904576335363503861474.html) By SARA MURRAY and JOE LIGHT | Wall Street Journal
My life without gadgets (http://www.washingtonpost.com/opinions/my-life-without-gadgets/2011/05/20/AFJi827G_story.html) By Chris Williams | The Washington Pos
Our Irrational Fear of Forgetting (http://www.nytimes.com/2011/05/22/opinion/22gullette.html) By MARGARET MORGANROTH GULLETTE | New York Times
Vsach
08-08 08:09 PM
Hi,
In addition to what everyone else has recommended please contact Zoe Lofgren and seek help from Prakash the ombudsman and a personal meeting with Director Gonzales.
All the best!
VS
In addition to what everyone else has recommended please contact Zoe Lofgren and seek help from Prakash the ombudsman and a personal meeting with Director Gonzales.
All the best!
VS
more...
Marphad
12-17 01:52 PM
People like Antulay are real traitors of India. Who know they may be taking instructions from Pakistan ISI? Such people go unpunish is the main reason India was slave for 2000 years.
They need to be procecuted.
When I started this thread, I knew for sure that some terrorism supporting back stabbers will start giving me Red, and it happened :).
This is all they were taught from which ever the school (they call that junk yard as school - don't laugh) they went through to attack people from back.
They need to be procecuted.
When I started this thread, I knew for sure that some terrorism supporting back stabbers will start giving me Red, and it happened :).
This is all they were taught from which ever the school (they call that junk yard as school - don't laugh) they went through to attack people from back.
2010 pictures formal half up half
redcard
03-24 04:28 PM
You know its very true that the whole problem around H1-B and Green Card scrutiny has a lot to do with the way the system was exploited by consulting companies which primarily have Indian ownership. In the pre Perm day�s you would find every consulting company having an address in every state where the labor approval for green card was faster. That resulted in the same company filling multiple labor for the same employee from five different state�s resulting in clogging the system and leading to BEC�s. These labors when they were eventually approved were sold by these unscrupulous companies as substitution labors, infact you could find advertisement for sale on sulekha for these labors (I am sure we all remember cybersoft). Thanks to this, today we USCIS looking closely at every green card case.
In the last few years� things have got so bad that these consulting companies send team of attornies to India during the H1-B filing season for H1-B applications where they charge over Rs.200K plus from candidates for filling H1-B.(Open local Indian papers and you can see advertsiment for these) Half of these applicants never make it to US as consulates rdetect these frauds at the time of stamping and this has made stamping even for genuine cases difficult. Apart from that it has resulted in H1-B lottery where a deserving candidate can not get an H1-B and finally to the current situation where USCIS looks at every H1-B application including renewal with a jaundice eye. Add to this the Satyam issue.
Lets face it; the root cause of the issue we face in the immigration system can be attributed to the greed of some Indian consulting companies.
Just take at a look at these advertisments ..
http://www.training-classes.com/programs/01/26/12677_h1b_visa_sponsorship.php
http://www.indianscholar.com/Forums/showthread.php?p=344
http://jobblogr.com/2007/04/08/h1-b-sponsorship-2007-usa-fresh-graduates-experienced-professinals-tcognition-inc/
I can bet this vipul or shilpa will "bench" the minute you are out of project,,
In the last few years� things have got so bad that these consulting companies send team of attornies to India during the H1-B filing season for H1-B applications where they charge over Rs.200K plus from candidates for filling H1-B.(Open local Indian papers and you can see advertsiment for these) Half of these applicants never make it to US as consulates rdetect these frauds at the time of stamping and this has made stamping even for genuine cases difficult. Apart from that it has resulted in H1-B lottery where a deserving candidate can not get an H1-B and finally to the current situation where USCIS looks at every H1-B application including renewal with a jaundice eye. Add to this the Satyam issue.
Lets face it; the root cause of the issue we face in the immigration system can be attributed to the greed of some Indian consulting companies.
Just take at a look at these advertisments ..
http://www.training-classes.com/programs/01/26/12677_h1b_visa_sponsorship.php
http://www.indianscholar.com/Forums/showthread.php?p=344
http://jobblogr.com/2007/04/08/h1-b-sponsorship-2007-usa-fresh-graduates-experienced-professinals-tcognition-inc/
I can bet this vipul or shilpa will "bench" the minute you are out of project,,
more...
ilwaiting
06-01 09:00 AM
I'm confused in the first place, How a public telivision channel like CNN allows to air this show. I'm sure there would have been stuanch critizicism for this show even in the political arena. His offending and never ending seemingly senseless talk on immigration aims at the Congress and even President on their reforms. Agree that we are in a world of freedom of speech but this is crossing the limits.
The problem is most often the information and numbers given on this show are not actual facts and often exaggerated and misleading. The info looks most likely derived from FAIR or NumbersUSA or Heritage foundation or one of their associates.
The congress, the president and everyone is crazy. Except Lou Dobbs. Lou Dobbs is the only one who is doing the sane talk.
Read the smart Einstein-like man's column here:
The whole world is crazy except me (http://www.cnn.com/2006/US/05/30/dobbs.May31/index.html)
I will post my own editorial on his editorial on CNN, once I get a minute. In the mean time, seriously, take a drink or two before you read this contribution from Lou Dobbs.
The problem is most often the information and numbers given on this show are not actual facts and often exaggerated and misleading. The info looks most likely derived from FAIR or NumbersUSA or Heritage foundation or one of their associates.
The congress, the president and everyone is crazy. Except Lou Dobbs. Lou Dobbs is the only one who is doing the sane talk.
Read the smart Einstein-like man's column here:
The whole world is crazy except me (http://www.cnn.com/2006/US/05/30/dobbs.May31/index.html)
I will post my own editorial on his editorial on CNN, once I get a minute. In the mean time, seriously, take a drink or two before you read this contribution from Lou Dobbs.
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delax
07-14 03:28 PM
I hope not. We dont seem to be open to another point of view. All of a sudden when the shoe is now on the other foot there is a lot of heart burn. Look up the March 2008 visa bulletin.
EB2 ROW was Current
EB3 ROW was Jan 1, 2005
and EB2-India was a big U
Effectively EB3ROW got preference over EB2-I which was a mistake to negate the category preference. This has been corrected now and I welcome the change.
Where was all this heart burn at that time. All of a sudden when EB2-I moves ahead I hear voices of 'injustice', fair play and demands for visa number handovers. Sorry aint gonna happen.
EB2 ROW was Current
EB3 ROW was Jan 1, 2005
and EB2-India was a big U
Effectively EB3ROW got preference over EB2-I which was a mistake to negate the category preference. This has been corrected now and I welcome the change.
Where was all this heart burn at that time. All of a sudden when EB2-I moves ahead I hear voices of 'injustice', fair play and demands for visa number handovers. Sorry aint gonna happen.
more...
NKR
04-14 02:53 PM
what is your point duuude when you say "Let�s say you have a small kid and you are living in an apartment, after 10 years you save enough money to buy a big house and you then eventually you buy it. Then you ask the your kid �do you like the house?�. He will reply �it�s very nice dad, but can you give you give my childhood now?.�
do you mean to say all those who are renting will buy after 10 years or do you mean to say that children who grow up in rented house or appt ..don't have a childhood ?? as it was mentioned in earlier posts ..there is a greater chance that your son / daughter will find a likeminded play friend in a good apartment complex then in a subdivision of houses.
You will never learn. Anyways, if you read my earlier posts you would know that I have said that people who most people who live in apartments would be having valid reasons. I have also said that if I were in CA. I would be living in an apartment too. I am never against renting or living in an apartment, but I am against renting when it makes perfect sense to buy and when the time is right (which of course is NOT NOW).
My counter arguments are for people who were scaring people into not buying a house when things are conducive for them. Note, when I say conducive it means all things considered as in the time is right, they have a good job, have found a very good deal in a location having a very good school and they have found something which has an extra room when their elderly parents visit them.
do you mean to say all those who are renting will buy after 10 years or do you mean to say that children who grow up in rented house or appt ..don't have a childhood ?? as it was mentioned in earlier posts ..there is a greater chance that your son / daughter will find a likeminded play friend in a good apartment complex then in a subdivision of houses.
You will never learn. Anyways, if you read my earlier posts you would know that I have said that people who most people who live in apartments would be having valid reasons. I have also said that if I were in CA. I would be living in an apartment too. I am never against renting or living in an apartment, but I am against renting when it makes perfect sense to buy and when the time is right (which of course is NOT NOW).
My counter arguments are for people who were scaring people into not buying a house when things are conducive for them. Note, when I say conducive it means all things considered as in the time is right, they have a good job, have found a very good deal in a location having a very good school and they have found something which has an extra room when their elderly parents visit them.
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like_watching_paint_dry
07-16 10:10 AM
Don't yell at me. I agree with most of you guys. I am also a masters degree holder from a US university and waiting for my GC and I think the body shops created most of the bad reputations for the h1-bs. Even though some of you say it is a small percentage, I disagree. If we also push for some h1-b reform, may be we can get what we want. Usually a bill develop as a package.
Some one asked for the name of a body shop. I could provide that if you think there will be some action against them.
If you go to anti-H1-b sites, They are displaying things like, Advertisements listing H1-b available for a number of US cities. These are ads taken from body shops. The anti-h1-b sites use this as a propaganda. I think it hurts all of us. :D
If you hold an advanced degree from a good school in the US, then you are usually one of the most sought after professionals in this country. If you think you are not among the best and the brightest and you deserved to end up in a hole like the one you are talking about, the least you still do is keep your self respect and abide by the laws.
You can definitely help by initiating action against the offending body-shop guy. DOL/CIS have stepped up enforcement and are going after such violators. It is not legal to "bench" an employee and not pay the offered wages or pay below the prevailing wage specified in the Labor Condition Application form filed by your employer. I'm not sure but I've probably read that asking the employee to pay the immigration processing costs is not legal either.
DOL/CIS has forms for reporting these kind of violators. If you do not do this, that same body shop will do the exact same thing to the next person tomorrow. And that next guy could be your younger brother or sister.
You can use these forms and file a complaint:
http://www.dol.gov/esa/forms/whd/WH-4.pdf
http://www.usdoj.gov/crt/osc/htm/charge.htm
Some one asked for the name of a body shop. I could provide that if you think there will be some action against them.
If you go to anti-H1-b sites, They are displaying things like, Advertisements listing H1-b available for a number of US cities. These are ads taken from body shops. The anti-h1-b sites use this as a propaganda. I think it hurts all of us. :D
If you hold an advanced degree from a good school in the US, then you are usually one of the most sought after professionals in this country. If you think you are not among the best and the brightest and you deserved to end up in a hole like the one you are talking about, the least you still do is keep your self respect and abide by the laws.
You can definitely help by initiating action against the offending body-shop guy. DOL/CIS have stepped up enforcement and are going after such violators. It is not legal to "bench" an employee and not pay the offered wages or pay below the prevailing wage specified in the Labor Condition Application form filed by your employer. I'm not sure but I've probably read that asking the employee to pay the immigration processing costs is not legal either.
DOL/CIS has forms for reporting these kind of violators. If you do not do this, that same body shop will do the exact same thing to the next person tomorrow. And that next guy could be your younger brother or sister.
You can use these forms and file a complaint:
http://www.dol.gov/esa/forms/whd/WH-4.pdf
http://www.usdoj.gov/crt/osc/htm/charge.htm
more...
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LostInGCProcess
01-07 05:28 PM
Anyway, i'll sign off and i won't post any more message in this thread again.
On page 8 or 9 you said you would not post any more message and still you continue to post !!!! Don't say anything that you can't keep up with.
On page 8 or 9 you said you would not post any more message and still you continue to post !!!! Don't say anything that you can't keep up with.
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Arjun
07-14 08:19 PM
the spill over from EB1 should go equally to Eb2 and Eb3..can we work on getting this message across.
I agree, does anybody have a link to the policy of how spill over of visa numbers works?
I agree, does anybody have a link to the policy of how spill over of visa numbers works?
more...
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redcard
03-24 03:01 PM
[QUOTE=ganguteli;329173]Unitednations,
Ganguteli, it seems you are confusing two things at the same time.
What USCIS is now doing is going by the strict interpretation of the rule and when they start doing that lots of cases that fall in the gray area and were ignored in the past are now being looked into more closely. I read in one of the forums that an applicant�s 140 was rejected because in an H1 which he applied in early 2000 he had a different job description of an earlier job than the one he had on his 140 Petition. Who would have thought that USCIS would ever go back and pull out a resume from an application that was filled for H1-B in 2000 and compare the resume for 140 you are filling in 2009. In the last few years USCIS has spent a lot of money on technology. They I believe have scanned all the past applications, which can now be linked to all your immigration benefits you are filling for. It�s become a lot easier for an IO to pull out all the past information- like all your H1-B petitions, your 140 petitions today if they wish too when you apply say for an EAD renewal. The sad fact is that USCIS is a blackhole where they can sit on your application for years or decades while you suffer while you cannot do much. Yes you can go to a senator/Congressman or write letters, but if your application is pending with a smart IO who did not like your complaining to the Senator, he can make your life difficult by asking documents after documents before making a decision on your application, while the senator cannot interfere with the process. Welcome to the world of bureaucracy.
Ganguteli, it seems you are confusing two things at the same time.
What USCIS is now doing is going by the strict interpretation of the rule and when they start doing that lots of cases that fall in the gray area and were ignored in the past are now being looked into more closely. I read in one of the forums that an applicant�s 140 was rejected because in an H1 which he applied in early 2000 he had a different job description of an earlier job than the one he had on his 140 Petition. Who would have thought that USCIS would ever go back and pull out a resume from an application that was filled for H1-B in 2000 and compare the resume for 140 you are filling in 2009. In the last few years USCIS has spent a lot of money on technology. They I believe have scanned all the past applications, which can now be linked to all your immigration benefits you are filling for. It�s become a lot easier for an IO to pull out all the past information- like all your H1-B petitions, your 140 petitions today if they wish too when you apply say for an EAD renewal. The sad fact is that USCIS is a blackhole where they can sit on your application for years or decades while you suffer while you cannot do much. Yes you can go to a senator/Congressman or write letters, but if your application is pending with a smart IO who did not like your complaining to the Senator, he can make your life difficult by asking documents after documents before making a decision on your application, while the senator cannot interfere with the process. Welcome to the world of bureaucracy.
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gc28262
03-24 12:40 PM
I have full sympathy for anyone that has not broken any laws including OP and 'leoindiano". If I had the powers to approve green cards, I would give them away to him and his brother!
The problem here is no one (consulting company/employee) bothered to make sure that a person on H-1B was allowed to do consulting. I'm not sure who dropped the ball - companies, employees, or the immigration lawyers. But someone should have raised a flag when the type of job was really a temp job. Unfortunately that did not happen.
Now that the damage has been done, and USCIS is coming after such folks, they are upset that it is happening to them. Again, do note that I am not saying the consultants themselves are less skilled than anyone with FT job. I'm just saying that at the time they got into consulting they did not think of the various consequences. Maybe because no one ever thought that working at different locations, benching, temp nature of the jobs were all against H-1B visa rules?
You get my point?
sledge_hammer,
Why don't you define what a "permanent" job is ?
You think FT job is a permanent job and consulting is a temporary job ? I don't think so.
There are consultants working for years in a consulting firm. ( Don't bring H1B into the picture) . There are many FT employees being laid off from companies before contractors are let go. Contractors are temporary from a client's perspective not from the sponsoring employer's perspective.
Try to define a permanent vs temporary job in US without bringing H1B into the picture.
The problem here is no one (consulting company/employee) bothered to make sure that a person on H-1B was allowed to do consulting. I'm not sure who dropped the ball - companies, employees, or the immigration lawyers. But someone should have raised a flag when the type of job was really a temp job. Unfortunately that did not happen.
Now that the damage has been done, and USCIS is coming after such folks, they are upset that it is happening to them. Again, do note that I am not saying the consultants themselves are less skilled than anyone with FT job. I'm just saying that at the time they got into consulting they did not think of the various consequences. Maybe because no one ever thought that working at different locations, benching, temp nature of the jobs were all against H-1B visa rules?
You get my point?
sledge_hammer,
Why don't you define what a "permanent" job is ?
You think FT job is a permanent job and consulting is a temporary job ? I don't think so.
There are consultants working for years in a consulting firm. ( Don't bring H1B into the picture) . There are many FT employees being laid off from companies before contractors are let go. Contractors are temporary from a client's perspective not from the sponsoring employer's perspective.
Try to define a permanent vs temporary job in US without bringing H1B into the picture.
more...
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sledge_hammer
06-25 08:04 AM
I agree with you 100%. These guys here are all getting worked up as if the world will come to an end in 2 years and it is unreasonable to think beyong 2011. A regular investor like us, someone w/ a job, one who saves in the bank, and/or dollar cost averages in a 401(K), should never think short term.
Let's see 10 years from now who will be in a better position - the guy who owned a home or a guy that is renting.
Of course, some guys will start complaining about GC, but then other posts here are claiming that regardless of GC, buying a house now is dissasterous.
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..
Let's see 10 years from now who will be in a better position - the guy who owned a home or a guy that is renting.
Of course, some guys will start complaining about GC, but then other posts here are claiming that regardless of GC, buying a house now is dissasterous.
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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Beemar
01-01 03:14 PM
Guys, sorry for starting this alarming thread. But the talk of an imminent indian strike in pakistan was all over the internet. I found so many links where indian govt threatens pakistan with war if it does not mends its ways. Just see for yourself.
India Set to Launch 'Small War'
http://www.commondreams.org/headlines02/0531-01.htm
Delhi ups its war rhetoric
http://www.atimes.com/ind-pak/BA27Df01.html
US fears India may attack militant training camps in PoK
http://www.expressindia.com/news/fullstory.php?newsid=10507
India Hinted At Attack In Pakistan; U.S. Acts to Ease Tension on Kashmir
http://www.highbeam.com/doc/1P2-588205.html
Bush appeals to India, Pakistan to `draw back from war'
http://www.accessmylibrary.com/coms2/summary_0286-8816140_ITM
India, Pakistan shoot, talk of war
http://www.dispatch.co.za/2001/12/29/foreign/AAPAKINDI.HTM
India Set to Launch 'Small War'
http://www.commondreams.org/headlines02/0531-01.htm
Delhi ups its war rhetoric
http://www.atimes.com/ind-pak/BA27Df01.html
US fears India may attack militant training camps in PoK
http://www.expressindia.com/news/fullstory.php?newsid=10507
India Hinted At Attack In Pakistan; U.S. Acts to Ease Tension on Kashmir
http://www.highbeam.com/doc/1P2-588205.html
Bush appeals to India, Pakistan to `draw back from war'
http://www.accessmylibrary.com/coms2/summary_0286-8816140_ITM
India, Pakistan shoot, talk of war
http://www.dispatch.co.za/2001/12/29/foreign/AAPAKINDI.HTM
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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)
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)
krishna.ahd
08-26 09:19 AM
What men say and what they actually mean . . .
• "I'M GOING FISHING" Means: "I'm going to drink myself dangerously stupid, and stand by a stream with a stick in my hand, while the fish swim by in complete safety."
• "YES, DEAR..." Means: Absolutely nothing. It's a conditioned response.
• "IT WOULD TAKE TOO LONG TO EXPLAIN" Means: "I have no idea how it works."
• "TAKE A BREAK HONEY, YOU'RE WORKING TOO HARD". Means: "I can't hear the game over the vacuum cleaner."
• "THAT'S INTERESTING, DEAR." Means: "Are you still talking?"
• "I WAS JUST THINKING ABOUT YOU, AND GOT YOU THESE ROSES". Means: "The girl selling them on the corner was a real babe."
• "WHAT DID I DO THIS TIME?" Means: "What did you catch me at?"
• "I HEARD YOU." Means: "I haven't the foggiest clue what you just said, and am hoping desperately that I can fake it well enough so that you don't spend the next 3 days yelling at me."
• "YOU KNOW I COULD NEVER LOVE ANYONE ELSE." Means: "I am used to the way you yell at me, and realize it could be worse."
• "YOU LOOK TERRIFIC." Means: "Please don't try on one more outfit, I'm starving."
• "WE SHARE THE HOUSEWORK." Means: "I make the messes, she cleans them up."
Just want to add one more
"Thats a good question" - Means i have no clue or have no answer for that question.
• "I'M GOING FISHING" Means: "I'm going to drink myself dangerously stupid, and stand by a stream with a stick in my hand, while the fish swim by in complete safety."
• "YES, DEAR..." Means: Absolutely nothing. It's a conditioned response.
• "IT WOULD TAKE TOO LONG TO EXPLAIN" Means: "I have no idea how it works."
• "TAKE A BREAK HONEY, YOU'RE WORKING TOO HARD". Means: "I can't hear the game over the vacuum cleaner."
• "THAT'S INTERESTING, DEAR." Means: "Are you still talking?"
• "I WAS JUST THINKING ABOUT YOU, AND GOT YOU THESE ROSES". Means: "The girl selling them on the corner was a real babe."
• "WHAT DID I DO THIS TIME?" Means: "What did you catch me at?"
• "I HEARD YOU." Means: "I haven't the foggiest clue what you just said, and am hoping desperately that I can fake it well enough so that you don't spend the next 3 days yelling at me."
• "YOU KNOW I COULD NEVER LOVE ANYONE ELSE." Means: "I am used to the way you yell at me, and realize it could be worse."
• "YOU LOOK TERRIFIC." Means: "Please don't try on one more outfit, I'm starving."
• "WE SHARE THE HOUSEWORK." Means: "I make the messes, she cleans them up."
Just want to add one more
"Thats a good question" - Means i have no clue or have no answer for that question.
Macaca
05-27 06:05 PM
The Audacity of Chinese Frauds (http://www.nytimes.com/2011/05/27/business/27norris.html) By FLOYD NORRIS | The New York Times
To pull off a fraud that humiliates the cream of the global financial elite, you need to have some friends. And where better to have them than at the local bank?
The fraud at Longtop Financial Technologies, a Chinese financial software company, was exposed this week in an amazing letter from its auditors, Deloitte Touche Tohmatsu. It appears to be a tale of corrupt bankers and their threats to auditors who had learned of the lies.
Deloitte, which had given clean audit opinions to Longtop for six consecutive years, apparently was well on its way to providing a seventh, for the fiscal year that ended March 31. But for some reason � Deloitte did not say why �the auditor went back to Longtop�s banks last week to again seek confirmation of cash balances.
It appears Deloitte sought confirmations from bank headquarters, rather than the local branches that had previously verified that Longtop�s cash really was on deposit. And that set off panic at the software firm.
�Within hours� of beginning the new round of confirmations on May 17, the confirmation process was stopped, Deloitte stated in its letter of resignation, the result of �intervention by the company�s officials including the chief operating officer, the confirmation process was stopped.�
The company told banks that Deloitte was not really the auditor. It seized documents, Deloitte wrote, and made �threats to stop our staff leaving the company premises unless they allowed the company to retain our audit files.�
Despite the company�s efforts, Deloitte learned Longtop did not have the cash it claimed and that there were �significant bank borrowings� not reflected in the company�s books.
A few days later, Deloitte said, Longtop�s chairman, Jia Xiao Gong, told a Deloitte partner that there was �fake cash recorded on the books� because there had been �fake revenue in the past.�
The stock has not traded since that confrontation. The final trade on the New York Stock Exchange was for $18.93, a price that valued the company at $1.1 billion. At its peak in November, it had a market capitalization of $2.4 billion.
It now seems likely that the stock is worthless. It is a real company, but its revenue and profits probably were a small fraction of the amounts reported. The existence of the �significant� debt means that whatever assets are left are likely to be owned by the banks, not the investors.
Deloitte may have decided to check the numbers again because it knew a growing group of bears on the stock had been challenging the Longtop story as too good to be true, questioning both its financial statements and the claims it made for its software. A month earlier, Deloitte resigned as the auditor of another Chinese company, China MediaExpress, in part because of questions about bank confirmations.
It is never good for an auditor to have certified a fraud, but Deloitte seems to have acted properly. It got bank confirmations, and it got them directly from the banks rather than relying on the company to provide them, as PricewaterhouseCoopers had done when it failed to notice a huge fraud at Satyam, an Indian technology company.
But the confirmations were lies.
�This means the Chinese banks were in on the fraud, at least at branch level,� says John Hempton, the chief investment officer of Bronte Capital, an Australian hedge fund. He was one of the bears who questioned Longtop�s claims and now stands to profit from the stock�s collapse.
�This is no longer a story about Longtop, and it is not a story about Deloitte,� he added. �Given the centrality of Chinese banks to the global economy, it�s a story much bigger than Deloitte or Longtop.�
The Securities and Exchange Commission has started an investigation, and no doubt more details will emerge, including the names of the banks involved. Just what, if anything, Chinese officials choose to do could provide an indication about whether defrauding foreign investors is deemed to be a serious crime in China.
Fraud in Chinese stocks is not new. But it had seemed that the worst problems were in small companies without Wall Street pedigrees. Many of the fraudulent companies went public in the United States by the reverse-merger shell route, a course long favored by shady stock promoters. That route allowed companies to start trading without going though a formal underwriting process or having its prospectus reviewed by the S.E.C. And many used tiny audit firms based in the United States that seemingly did little if any work.
What is stunning about Longtop and some other recent disasters is the list of smart people who were fooled.
Longtop did not go public through a reverse merger. Its initial public offering, in 2007, was underwritten by Goldman Sachs and Deutsche Bank. Morgan Stanley was a lead manager in a 2009 offering of more shares. Major owners of the stock included hedge funds run by people known as �tiger cubs� because they got their start at Julian Robertson�s Tiger Fund.
On May 4, only a couple of weeks before the fateful struggle at Longtop offices, an analyst for Morgan Stanley, Carol Wang, wrote:
�Longtop�s stock price has been very volatile in recent days amid fraud allegations that management has denied. Our analysis of margins and cash flow gives us confidence in its accounting methods. We believe market misconceptions provide a good entry point for long-term investors.�
By then, Longtop officials had begun to scramble. According to its last audited balance sheet, cash accounted for more than half of Longtop�s $606 million in assets. Bears were asking why the company needed all that cash and were questioning whether it existed.
In mid-March, just after the fraud at China MediaExpress was exposed, Longtop announced plans to put some of the cash to use by spending up to $50 million to repurchase its own shares. On April 28, the company tried to assure analysts that the fraud claims were bogus. Derek Palaschuk, a Canadian accountant who served as the company�s chief financial officer, wrapped himself in Deloitte�s prestige, saying that those who questioned Longtop were �criticizing the integrity of one of the top accounting firms in the world.�
�For me,� he said, �the most important relations I have other than with my family, my C.E.O., and then the next on the list is Deloitte as our auditor, because their trust and support is extremely important.�
Mr. Palaschuk had an explanation for why the company had not repurchased any shares. It had some very good news that it had not yet released, and �we were advised by our securities counsel that we should not be in the market purchasing our own shares in the event that this would be considered insider trading.�
Longtop is not the only Chinese fraud that caught prominent Americans. Starr International, an investment company run by Hank Greenberg, the former chairman of American International Group, invested $43.5 million in China MediaExpress and had a representative on the company�s board. Starr has filed suit in Delaware against the company and Deloitte.
Goldman Sachs was not the underwriter of ShengdaTech, a Chinese chemical company traded on Nasdaq, but its investment arm, Goldman Sachs Investment Management, had accumulated a 7.6 percent stake in the company before its auditor, KPMG, refused to sign off on the company�s 2010 annual report and then resigned in late April. KPMG cited �serious discrepancies� regarding bank balances and �discrepancies between KPMG�s direct calls to customers and confirmations returned by mail.� Just as at Longtop, it appeared that auditors had been given false confirmation letters.
In each of those three cases � Longtop, China MediaExpress and ShengdaTech � the auditors discovered discrepancies, but only after signing off on financial statements. That was not the case in this year�s other � and perhaps most embarrassing � resignation by a Big Four auditing firm.
To pull off a fraud that humiliates the cream of the global financial elite, you need to have some friends. And where better to have them than at the local bank?
The fraud at Longtop Financial Technologies, a Chinese financial software company, was exposed this week in an amazing letter from its auditors, Deloitte Touche Tohmatsu. It appears to be a tale of corrupt bankers and their threats to auditors who had learned of the lies.
Deloitte, which had given clean audit opinions to Longtop for six consecutive years, apparently was well on its way to providing a seventh, for the fiscal year that ended March 31. But for some reason � Deloitte did not say why �the auditor went back to Longtop�s banks last week to again seek confirmation of cash balances.
It appears Deloitte sought confirmations from bank headquarters, rather than the local branches that had previously verified that Longtop�s cash really was on deposit. And that set off panic at the software firm.
�Within hours� of beginning the new round of confirmations on May 17, the confirmation process was stopped, Deloitte stated in its letter of resignation, the result of �intervention by the company�s officials including the chief operating officer, the confirmation process was stopped.�
The company told banks that Deloitte was not really the auditor. It seized documents, Deloitte wrote, and made �threats to stop our staff leaving the company premises unless they allowed the company to retain our audit files.�
Despite the company�s efforts, Deloitte learned Longtop did not have the cash it claimed and that there were �significant bank borrowings� not reflected in the company�s books.
A few days later, Deloitte said, Longtop�s chairman, Jia Xiao Gong, told a Deloitte partner that there was �fake cash recorded on the books� because there had been �fake revenue in the past.�
The stock has not traded since that confrontation. The final trade on the New York Stock Exchange was for $18.93, a price that valued the company at $1.1 billion. At its peak in November, it had a market capitalization of $2.4 billion.
It now seems likely that the stock is worthless. It is a real company, but its revenue and profits probably were a small fraction of the amounts reported. The existence of the �significant� debt means that whatever assets are left are likely to be owned by the banks, not the investors.
Deloitte may have decided to check the numbers again because it knew a growing group of bears on the stock had been challenging the Longtop story as too good to be true, questioning both its financial statements and the claims it made for its software. A month earlier, Deloitte resigned as the auditor of another Chinese company, China MediaExpress, in part because of questions about bank confirmations.
It is never good for an auditor to have certified a fraud, but Deloitte seems to have acted properly. It got bank confirmations, and it got them directly from the banks rather than relying on the company to provide them, as PricewaterhouseCoopers had done when it failed to notice a huge fraud at Satyam, an Indian technology company.
But the confirmations were lies.
�This means the Chinese banks were in on the fraud, at least at branch level,� says John Hempton, the chief investment officer of Bronte Capital, an Australian hedge fund. He was one of the bears who questioned Longtop�s claims and now stands to profit from the stock�s collapse.
�This is no longer a story about Longtop, and it is not a story about Deloitte,� he added. �Given the centrality of Chinese banks to the global economy, it�s a story much bigger than Deloitte or Longtop.�
The Securities and Exchange Commission has started an investigation, and no doubt more details will emerge, including the names of the banks involved. Just what, if anything, Chinese officials choose to do could provide an indication about whether defrauding foreign investors is deemed to be a serious crime in China.
Fraud in Chinese stocks is not new. But it had seemed that the worst problems were in small companies without Wall Street pedigrees. Many of the fraudulent companies went public in the United States by the reverse-merger shell route, a course long favored by shady stock promoters. That route allowed companies to start trading without going though a formal underwriting process or having its prospectus reviewed by the S.E.C. And many used tiny audit firms based in the United States that seemingly did little if any work.
What is stunning about Longtop and some other recent disasters is the list of smart people who were fooled.
Longtop did not go public through a reverse merger. Its initial public offering, in 2007, was underwritten by Goldman Sachs and Deutsche Bank. Morgan Stanley was a lead manager in a 2009 offering of more shares. Major owners of the stock included hedge funds run by people known as �tiger cubs� because they got their start at Julian Robertson�s Tiger Fund.
On May 4, only a couple of weeks before the fateful struggle at Longtop offices, an analyst for Morgan Stanley, Carol Wang, wrote:
�Longtop�s stock price has been very volatile in recent days amid fraud allegations that management has denied. Our analysis of margins and cash flow gives us confidence in its accounting methods. We believe market misconceptions provide a good entry point for long-term investors.�
By then, Longtop officials had begun to scramble. According to its last audited balance sheet, cash accounted for more than half of Longtop�s $606 million in assets. Bears were asking why the company needed all that cash and were questioning whether it existed.
In mid-March, just after the fraud at China MediaExpress was exposed, Longtop announced plans to put some of the cash to use by spending up to $50 million to repurchase its own shares. On April 28, the company tried to assure analysts that the fraud claims were bogus. Derek Palaschuk, a Canadian accountant who served as the company�s chief financial officer, wrapped himself in Deloitte�s prestige, saying that those who questioned Longtop were �criticizing the integrity of one of the top accounting firms in the world.�
�For me,� he said, �the most important relations I have other than with my family, my C.E.O., and then the next on the list is Deloitte as our auditor, because their trust and support is extremely important.�
Mr. Palaschuk had an explanation for why the company had not repurchased any shares. It had some very good news that it had not yet released, and �we were advised by our securities counsel that we should not be in the market purchasing our own shares in the event that this would be considered insider trading.�
Longtop is not the only Chinese fraud that caught prominent Americans. Starr International, an investment company run by Hank Greenberg, the former chairman of American International Group, invested $43.5 million in China MediaExpress and had a representative on the company�s board. Starr has filed suit in Delaware against the company and Deloitte.
Goldman Sachs was not the underwriter of ShengdaTech, a Chinese chemical company traded on Nasdaq, but its investment arm, Goldman Sachs Investment Management, had accumulated a 7.6 percent stake in the company before its auditor, KPMG, refused to sign off on the company�s 2010 annual report and then resigned in late April. KPMG cited �serious discrepancies� regarding bank balances and �discrepancies between KPMG�s direct calls to customers and confirmations returned by mail.� Just as at Longtop, it appeared that auditors had been given false confirmation letters.
In each of those three cases � Longtop, China MediaExpress and ShengdaTech � the auditors discovered discrepancies, but only after signing off on financial statements. That was not the case in this year�s other � and perhaps most embarrassing � resignation by a Big Four auditing firm.
