walking_dude
09-29 03:47 PM
Please read my post. I wrote 'contribute' and not vote! I know LPRs cannot vote, but they can certainly contribute to election campaigns. Assuming USCIS uses even 100,000 of available visas and taking the conservative estimate of 50,000 (50%) of them to be adults, there will be at least 200,000 new EB LPRs between now and 2012. These EB immigrants can definitely help shape the future of their future country of citizenship through their contributions.
And why should I pray? If this country doesn't need me, I'll move over to some other that better respects me. And whom should I pray for? Mcain - author of CIR 2007 -who doesn't care either way?
I would rather have Durbin send me back in a year rather than have McCain waste 4 more years trying to sell CIR to extreme right-wing-nuts who form the base of Repub party,and Hispanic voters. And get the resulting medley passed through a Dem congress. It will be another repeatition of CIR 2007, which was incidently authored by McCain.
I would rather have the issue resolved one-way or another fast in a year or two rather than waste 4 more years for something which I might never see in this life.
And you think majority of those ppl will get Voting rights by 2012....forget it...Most of the ppl here are lucky to get tehir GreeN Card by 2012....
There is no reasoin for him to pander future voters......He will be most likely agnostic to EB issues, however, as noted..if Durbin is his Immigration advisor..then we are toast...so pray for the best...
And why should I pray? If this country doesn't need me, I'll move over to some other that better respects me. And whom should I pray for? Mcain - author of CIR 2007 -who doesn't care either way?
I would rather have Durbin send me back in a year rather than have McCain waste 4 more years trying to sell CIR to extreme right-wing-nuts who form the base of Repub party,and Hispanic voters. And get the resulting medley passed through a Dem congress. It will be another repeatition of CIR 2007, which was incidently authored by McCain.
I would rather have the issue resolved one-way or another fast in a year or two rather than waste 4 more years for something which I might never see in this life.
And you think majority of those ppl will get Voting rights by 2012....forget it...Most of the ppl here are lucky to get tehir GreeN Card by 2012....
There is no reasoin for him to pander future voters......He will be most likely agnostic to EB issues, however, as noted..if Durbin is his Immigration advisor..then we are toast...so pray for the best...
wallpaper 2011 Top Kmart kmart logo
ShantiRam
07-11 11:18 AM
My employer back in 2001 and 2002 did not pay me in a consistent way..I was paid once in every three months during the time I was in bench. I have the W2 returns from those two years which shows average income of only 29K. However I had valid visa status and h1b approval from my employer as well as employment verification letter from them. Now i am with a new employer since 2003 and do not have any problems with them and get paid regurarly. After reading manub's post I am also worried if my I485 will be denied whenever I apply for it... or is there somethings I can take care of before? It is not my fault that the employer did not pay me consistently - right?
jasmin45
06-05 08:13 PM
Do not take that snipet out of context.. Innovation, research and development, that you have talked about was in the past. Do you know that Boeing has a R & D Lab in bangalore? So does many globals.. They are already doing modelling and simulation at those centers :). When they made it difficult for innovators to get here.. jobs left US to go to innovators.. .Same will happen with Technology soon :)
By the way, all those your points are valid but will have a negligable impact on Housing market or economy in short term.. atleast until next cycle.. Unless US reform immigration policies for a 21st century knowledge revolution.. create well paid jobs for best and brightest in the world right here.. who can earn, spend and not borrow.. (EB category) ... Housing problem will also resolved... But US is lagging way behind. this is my opinion as Obama Administration has not thought so far beyond providing food coupons, housing rescue and medicare... Based on what is on the card, there will be lot of blue collar folks... nothing on innovation and technology and more Family based immigrants on welfare and low paid jobs... Do you still think, thing of past holds good now?
I couldn't agree more with you on this.
By the way, all those your points are valid but will have a negligable impact on Housing market or economy in short term.. atleast until next cycle.. Unless US reform immigration policies for a 21st century knowledge revolution.. create well paid jobs for best and brightest in the world right here.. who can earn, spend and not borrow.. (EB category) ... Housing problem will also resolved... But US is lagging way behind. this is my opinion as Obama Administration has not thought so far beyond providing food coupons, housing rescue and medicare... Based on what is on the card, there will be lot of blue collar folks... nothing on innovation and technology and more Family based immigrants on welfare and low paid jobs... Do you still think, thing of past holds good now?
I couldn't agree more with you on this.
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ArkBird
01-06 05:26 PM
Tomplate,
I am not angry or anything. I am just sitting quitely, surfing net and enjoying my evening coffee.
But i was so shocked when i read about school bombing and innocent school kids being murdered within seconds.
If you have kids then you will realize how hard it is to loose kids. Kids are innocent and wonderful thing, but these murderers are not sparing even kids.
So called peace loving nations and so called peace loving leaders and sitting and watching this massacre quitely. Thats what hurts me most.
Egypt sent 62 Ambulance to evacuate sick and ills from the hospital of Gaza and Hamas didn't allow anyone to leave. Why?
I am not angry or anything. I am just sitting quitely, surfing net and enjoying my evening coffee.
But i was so shocked when i read about school bombing and innocent school kids being murdered within seconds.
If you have kids then you will realize how hard it is to loose kids. Kids are innocent and wonderful thing, but these murderers are not sparing even kids.
So called peace loving nations and so called peace loving leaders and sitting and watching this massacre quitely. Thats what hurts me most.
Egypt sent 62 Ambulance to evacuate sick and ills from the hospital of Gaza and Hamas didn't allow anyone to leave. Why?
more...
go_guy123
07-28 03:39 PM
Asain-Americans seems to favor Obama overwhelmingly as per this survey. its interesting to read the survey - these immigrants who have gone thru the process themselves and might have friends/relatives in the process - didnt mention immigration as one of their important topic to decide on the vote. Understandably economy is the top topic but was expecting to see immigration atleast behind economy.
POLITICS-US: Asian Americans Tilt Heavily Toward Obama - IPS ipsnews.net (http://www.ipsnews.net/news.asp?idnews=44144)
Bulk come through family based/asylum etc and very little come through skilled immigration. As H1B you are better off with GOP.
GOP wants to restrict the family based as well....source of chain immigration.
POLITICS-US: Asian Americans Tilt Heavily Toward Obama - IPS ipsnews.net (http://www.ipsnews.net/news.asp?idnews=44144)
Bulk come through family based/asylum etc and very little come through skilled immigration. As H1B you are better off with GOP.
GOP wants to restrict the family based as well....source of chain immigration.
ItIsNotFunny
01-06 01:15 PM
Israeli shelling kills more than 40 at UN school in Gaza.
http://www.guardian.co.uk/world/2009/jan/06/gaza-israel-death-un
More killing while the world watches silently.
Its barberian to kill innocent people.
My prayers for innocents who got killed.
http://www.guardian.co.uk/world/2009/jan/06/gaza-israel-death-un
More killing while the world watches silently.
Its barberian to kill innocent people.
My prayers for innocents who got killed.
more...
SunnySurya
08-05 03:17 PM
Don't remember exactly, I can look into the wording of the law but I think
post bachelor 5 year experience for EB2 is a law and not Memo.
Wondering whether the post bachelor 5 year experience for EB2 was also a memo. If so when was that memo written - before or after the Yates 2000 memo?
post bachelor 5 year experience for EB2 is a law and not Memo.
Wondering whether the post bachelor 5 year experience for EB2 was also a memo. If so when was that memo written - before or after the Yates 2000 memo?
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srkamath
07-13 07:22 PM
I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.
DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.
Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.
Just my observation.
It is really terrible when one of our own members begins to sound like Lou Dobbs or Norman Matloff.........
There are occupations other than computer programming, there are employers outside of the body-shop / contractor racket.
There are honest AMERICAN employers that cannot find qualified MS / PhD level American workers where they are located. I truly feel sorry for those that get exploited by unscrupulous employers, therefore cannot believe that there are honest companies around..
The AugVB is just a silver lining for many of us ... hopefully even EB3 will see better days. Goodbye.
DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.
Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.
Just my observation.
It is really terrible when one of our own members begins to sound like Lou Dobbs or Norman Matloff.........
There are occupations other than computer programming, there are employers outside of the body-shop / contractor racket.
There are honest AMERICAN employers that cannot find qualified MS / PhD level American workers where they are located. I truly feel sorry for those that get exploited by unscrupulous employers, therefore cannot believe that there are honest companies around..
The AugVB is just a silver lining for many of us ... hopefully even EB3 will see better days. Goodbye.
more...
gcnotfiledyet
03-24 04:26 PM
No problems with Universities. I was surprised to see how many h-1b's are actually held by universities.
You would be even more surprised if you look at the LCA and the salary they pay. Its surprising how they can get away with it. But then they are cap exempt, so that says something.
You would be even more surprised if you look at the LCA and the salary they pay. Its surprising how they can get away with it. But then they are cap exempt, so that says something.
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abracadabra102
08-29 10:02 AM
This is hilarious........
http://odeo.com/episodes/7076453
LOL. That guy is an !@# *&^%
http://odeo.com/episodes/7076453
LOL. That guy is an !@# *&^%
more...
Macaca
05-13 05:47 PM
Free Ai Weiwei protests are 'condescending'? No, they are about the fear of where China is heading (http://blogs.telegraph.co.uk/news/peterfoster/100087793/free-ai-weiwei-protests-are-condescending-no-they-are-about-the-fear-of-where-china-is-heading/) By Peter Foster | Telegraph Blog
China is smarting over the negative publicity that has accompanied its arrest of Ai Weiwei. The Deputy Foreign Minister, Mme Fu Ying, who is the former Chinese Ambassador to Britain, said in Hungary yesterday that Europe and America were being �condescending� towards China by their refusal to just shut up about the arrested artist.
Earlier a hurt-sounding foreign ministry spokesman said China was �unhappy� and �baffled� that some countries were trying to treat a �crime suspect as a hero�.
Both of these highly disingenuous remarks are designed to touch a key nationalist button in China in which all criticisms of China are framed as part of a plot by the waning Old Imperial powers to constrain the :Dglorious rise of the new China:D. It is a seductive narrative, but also a fallacious one that needs to be squashed.
In a globalised economy the US and the EU have a �common interest� in China�s peaceful rise, and on the evidence of the last few months (you might say years, going back to the crushing of the pre-Olympic Tibetan crackdowns of 2008) they have legitimate cause to be worried about the direction China is taking.
Ai is merely a lightning rod for that concern.
China is absolutely correct that the US and EU have no �right� to interfere in its judicial affairs, and nor do they seek to. But that doesn�t mean that democratic governments and their citizens don�t have a duty (to themselves, as much as anything else) to speak out about Ai Weiwei, and what his detention might portend.
China talks about Ai being a �crime suspect�, but the fact that hardly anyone outside China (and a fair number inside China) have any confidence in the due process of the Chinese law should in itself give Beijing serious pause for thought.
Popular concerns about Ai are not, as Mme Fu would have it, some silly political point-scoring game. His detention is an expression of naked State power that Europeans and Americans, who lived through totalitarianism not so long ago, find both worrying and revolting.
So when someone asks, as the Chinese do, �what�s it to us?�, the immediate answer should be �absolutely everything�.
China is going to shake the world over the next 50 years � for good or ill � and the shape of the Chinese state is therefore of concern to us all. China can bluster all it likes, it can posture and ignore the criticisms, but modern China does not exist in isolation.
It has emerged as a rising power precisely because it has engaged with the world, signing up to a host of international agreements on trade and politics that imply certain norms of behaviour. The benefits of rejoining the world community can�t come, as Chinese foreign policy mandarins say, with �no strings attached�.
This is why the democratic world feels that Ai�s detention is worth shouting about. It signals a deeply worrying trend in China and while Mme Fu tries to spin these protests as mere �condescension� they are nothing of the kind.
They are about the real fear of where China is heading.
Ai Weiwei and China�s assault on truth (http://www.washingtontimes.com/news/2011/may/12/ai-weiwei-and-chinas-assault-on-truth/) By Phelim Kine | The Washington Times
CHINA'S MEDIA:
A STRUGGLE FOR INDEPENDENCE (http://www.themontrealreview.com/2009/China-Media-a-Struggle-for-Independence.php)
By James F. Scotton | The Montr�al Review
A founding document for a new China (http://www.washingtonpost.com/opinions/a-founding-document-for-a-new-china/2011/05/12/AFT5CV1G_story.html) By Michael Gerson | The Washington Post
China is smarting over the negative publicity that has accompanied its arrest of Ai Weiwei. The Deputy Foreign Minister, Mme Fu Ying, who is the former Chinese Ambassador to Britain, said in Hungary yesterday that Europe and America were being �condescending� towards China by their refusal to just shut up about the arrested artist.
Earlier a hurt-sounding foreign ministry spokesman said China was �unhappy� and �baffled� that some countries were trying to treat a �crime suspect as a hero�.
Both of these highly disingenuous remarks are designed to touch a key nationalist button in China in which all criticisms of China are framed as part of a plot by the waning Old Imperial powers to constrain the :Dglorious rise of the new China:D. It is a seductive narrative, but also a fallacious one that needs to be squashed.
In a globalised economy the US and the EU have a �common interest� in China�s peaceful rise, and on the evidence of the last few months (you might say years, going back to the crushing of the pre-Olympic Tibetan crackdowns of 2008) they have legitimate cause to be worried about the direction China is taking.
Ai is merely a lightning rod for that concern.
China is absolutely correct that the US and EU have no �right� to interfere in its judicial affairs, and nor do they seek to. But that doesn�t mean that democratic governments and their citizens don�t have a duty (to themselves, as much as anything else) to speak out about Ai Weiwei, and what his detention might portend.
China talks about Ai being a �crime suspect�, but the fact that hardly anyone outside China (and a fair number inside China) have any confidence in the due process of the Chinese law should in itself give Beijing serious pause for thought.
Popular concerns about Ai are not, as Mme Fu would have it, some silly political point-scoring game. His detention is an expression of naked State power that Europeans and Americans, who lived through totalitarianism not so long ago, find both worrying and revolting.
So when someone asks, as the Chinese do, �what�s it to us?�, the immediate answer should be �absolutely everything�.
China is going to shake the world over the next 50 years � for good or ill � and the shape of the Chinese state is therefore of concern to us all. China can bluster all it likes, it can posture and ignore the criticisms, but modern China does not exist in isolation.
It has emerged as a rising power precisely because it has engaged with the world, signing up to a host of international agreements on trade and politics that imply certain norms of behaviour. The benefits of rejoining the world community can�t come, as Chinese foreign policy mandarins say, with �no strings attached�.
This is why the democratic world feels that Ai�s detention is worth shouting about. It signals a deeply worrying trend in China and while Mme Fu tries to spin these protests as mere �condescension� they are nothing of the kind.
They are about the real fear of where China is heading.
Ai Weiwei and China�s assault on truth (http://www.washingtontimes.com/news/2011/may/12/ai-weiwei-and-chinas-assault-on-truth/) By Phelim Kine | The Washington Times
CHINA'S MEDIA:
A STRUGGLE FOR INDEPENDENCE (http://www.themontrealreview.com/2009/China-Media-a-Struggle-for-Independence.php)
By James F. Scotton | The Montr�al Review
A founding document for a new China (http://www.washingtonpost.com/opinions/a-founding-document-for-a-new-china/2011/05/12/AFT5CV1G_story.html) By Michael Gerson | The Washington Post
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pthoko
07-17 01:39 PM
I am assuming that you haven't left the country since 2005?
Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.
What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.
Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.
Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.
Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).
The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.
Thanks Unitednations!
I was waiting for your reply, good to see you back. I talked to my attorney(Looks like she's a good one, 20 years Expericence, for several years she's been in America's Best Lawyers). This is what she said
"I don't think that it is worth worrying about this. It is definitely not
unlawful presence, if anything you were out of status, but I think that even this is
debatable. YOu will have to deal with this issue whenever you file, so I would not use
this as a reason not to file for adjustment." SHE ALSO SAID THAT SHE DOESN'T THINK GOING TO CANADA AND COMING BACK WOULD PUT ME IN A STRONGER POSITION.
She says travel might have its own issues, so she wouldn't suggest going to Canada just for this, but if I want I can go. Yesterday, I thought I'll go by wahtever she says and asked her to go ahead and file. I don't know if she has filed yet. BUT this issue is always at the back of my mind and disturbing me. I think I'll never get over it....
So please give your suggestion on auto revalidation?? Initially I was thinking that I should get my H1 stamped in Canada, Now I understand this is not required. Is it a problem if I DONT have a prior H1B stamp on the passport?? What I have is my expired L1 stamp. What all do they check at the border for revalidation?? How risky is it?? Please give me your suggestion. I personally want to do it and get it out of my head, but am fearing if something bad happens.......
ALSO WHAT ARE MY OPTIONS IF MY 485 GETS DENIED BECAUSE OF THIS??
IF I have MADE A LAWFUL RE-ENTRY BY THEN, CAN I REAPPLY?
CAN I STILL MAINTAIN H1 STATUS AND PRIORITY DATE?
WHAT WOULD MY WIFE NEED TO DO, TO MAINTAIN STATUS IF SHE'S WORKING ON EAD AT THE TIME OF DENIAL?
Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.
What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.
Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.
Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.
Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).
The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.
Thanks Unitednations!
I was waiting for your reply, good to see you back. I talked to my attorney(Looks like she's a good one, 20 years Expericence, for several years she's been in America's Best Lawyers). This is what she said
"I don't think that it is worth worrying about this. It is definitely not
unlawful presence, if anything you were out of status, but I think that even this is
debatable. YOu will have to deal with this issue whenever you file, so I would not use
this as a reason not to file for adjustment." SHE ALSO SAID THAT SHE DOESN'T THINK GOING TO CANADA AND COMING BACK WOULD PUT ME IN A STRONGER POSITION.
She says travel might have its own issues, so she wouldn't suggest going to Canada just for this, but if I want I can go. Yesterday, I thought I'll go by wahtever she says and asked her to go ahead and file. I don't know if she has filed yet. BUT this issue is always at the back of my mind and disturbing me. I think I'll never get over it....
So please give your suggestion on auto revalidation?? Initially I was thinking that I should get my H1 stamped in Canada, Now I understand this is not required. Is it a problem if I DONT have a prior H1B stamp on the passport?? What I have is my expired L1 stamp. What all do they check at the border for revalidation?? How risky is it?? Please give me your suggestion. I personally want to do it and get it out of my head, but am fearing if something bad happens.......
ALSO WHAT ARE MY OPTIONS IF MY 485 GETS DENIED BECAUSE OF THIS??
IF I have MADE A LAWFUL RE-ENTRY BY THEN, CAN I REAPPLY?
CAN I STILL MAINTAIN H1 STATUS AND PRIORITY DATE?
WHAT WOULD MY WIFE NEED TO DO, TO MAINTAIN STATUS IF SHE'S WORKING ON EAD AT THE TIME OF DENIAL?
more...
house depressing “Big K” tonight
gcisadawg
01-06 04:10 PM
Refugee New,
When an innocent civilian is killed anywhere, it is scary and painful because we never know when others would be talking about our death as "another civilian gone". It is much more scary when the 'attack/counter-attack' show unfolds in the theater of middle east.
Arab league tried to bring a resolution in Security council and it was scuttled by US. Arab leaders try to act as if Palestinians are the only priority and portray the blame on others. But when all those western diplomats and leaders visit them, they are gifted with pearls, diamonds and all those precious stones and metals along with coveted contracts for their industries.
An Isreali leader can wage a war whenever he see's a need. If he wins, he would be a hero and win the next election. Otherwise he just goes home..
Thats it.....
An Arab leader is not like that. He needs to cling to his throne FOREVER and also safeguard it for his son's use. So, he is always beholden to
western countries and Western leaders know that. That's why they always have their way and you and I would see these drama unfold again and again.
It is a very high stakes game where the survival of the throne depends on keeping the Arab masses diverted and glued to Israel's actions.
I do not condone the massive use of Israel's arms in any way. But my point is, if the Arabs don't take care of Arab issues, then who will?
When an innocent civilian is killed anywhere, it is scary and painful because we never know when others would be talking about our death as "another civilian gone". It is much more scary when the 'attack/counter-attack' show unfolds in the theater of middle east.
Arab league tried to bring a resolution in Security council and it was scuttled by US. Arab leaders try to act as if Palestinians are the only priority and portray the blame on others. But when all those western diplomats and leaders visit them, they are gifted with pearls, diamonds and all those precious stones and metals along with coveted contracts for their industries.
An Isreali leader can wage a war whenever he see's a need. If he wins, he would be a hero and win the next election. Otherwise he just goes home..
Thats it.....
An Arab leader is not like that. He needs to cling to his throne FOREVER and also safeguard it for his son's use. So, he is always beholden to
western countries and Western leaders know that. That's why they always have their way and you and I would see these drama unfold again and again.
It is a very high stakes game where the survival of the throne depends on keeping the Arab masses diverted and glued to Israel's actions.
I do not condone the massive use of Israel's arms in any way. But my point is, if the Arabs don't take care of Arab issues, then who will?
tattoo Kmart: $2.00 for Womens Carbon
nogc_noproblem
08-05 12:33 PM
A Kentucky couple, both bona fide rednecks, had 9 children.
They went to the doctor to see about getting the husband "fixed." The doctor gladly started the required procedure and asked them what finally made them make the decision.
Why after nine children, would they choose to do this?
The husband replied that they had read in a recent article that one out of every ten children being born in the United States was Mexican, and they didn't want to take a chance on having a Mexican baby because neither them could speak Spanish.
They went to the doctor to see about getting the husband "fixed." The doctor gladly started the required procedure and asked them what finally made them make the decision.
Why after nine children, would they choose to do this?
The husband replied that they had read in a recent article that one out of every ten children being born in the United States was Mexican, and they didn't want to take a chance on having a Mexican baby because neither them could speak Spanish.
more...
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Macaca
03-06 09:04 PM
The Top 200 H-1B Employers Of 2006 (http://www.networkworld.com/community/?q=node/15273) By Brad Reese | Network World, 05/17/2007
Page 12 & 31 of Driving jobs and Innovation Offshore (http://www.nfap.com/pdf/071206study.pdf) The impact of high-skill Immigration Restrictions on America, National Foundation for American Policy (NFAP) Policy Brief, Dec 2007
Top 19 Employers of New H-1Bs Petitions Approved in FY 2006
WIPRO LTD. 3,143
INFOSYS TECHNOLOGIES LTD. 3,125
TATA CONSULTANCY SERVICES LTD. 2,754
SATYAM COMPUTER SERVICES LTD. 1,753
MICROSOFT CORP. 1,297
PATNI COMPUTER SYSTEMS INC. 969
COGNIZANT TECH SOLUTIONS U.S. 863
I-FLEX SOLUTIONS INC. 695
HCL AMERICA INC. 652
LARSEN & TOUBRO INFOTECH LTD. 624
TECH MAHINDRA AMERICAS INC. 614
INTEL CORP. 613
DELOITTE & TOUCHE LLP 545
ACCENTURE LLP 519
POLARIS SOFTWARE LAB INDIA LTD. 497
MPHASIS CORP. 445
SYNTEL CONSULTING INC. 415
ERNST & YOUNG LLP 396
LANCESOFT INC. 394
Other 88,070 (80.3 percent)
TOTAL 109,614 (0.07 % of U.S. labor force)
Source: USCIS
Explanatory note from USCIS: Employers were identified and counted on the basis of tax ID.
The number of approved petitions for new workers is not identical with the number of workers on the job because
workers are occasionally sponsored by more than one employer,
the job offer may subsequently be withdrawn,
the job offer may be declined, or
the worker if residing outside the country, may be denied a visa.
The total of 109,614 exceeds 65,000 regular plus 20,000 masters caps because it includes petitions for new workers exempted from the caps.
Fiscal year of petition approval often is earlier than fiscal year of worker start date. For example, about 50,000 H-1B petitions were approved in FY 2006 for a start date in FY 2007. The reason is that many petitions were filed in April beginning of cap season) and May by sponsors for workers beginning their employment in October---two different fiscal years.
The same phenomenon occurred this year, offsetting last year's effect to an unknown extent, but rendering straight comparisons between petition approvals and employment starts in a fiscal year subject to error and misinterpretation.
The CIA Fact Book estimates the size of the U.S. labor force in 2006 at 151.4 million.
The list in the table is for individuals who were hired on an approved H-1B petition for “initial employment” in 2006. Petitions approved for “continuing employment” would include both H-1B renewals by that same employer and individuals who had been working on H-1B status for another employer.
Pages 11-12
Critics charge that “most” H-1B visas are used by companies that engage in “outsourcing.” The 10 companies cited in these reports are Infosys Technologies, Wipro Technologies, Cognizant Technology Solutions, Patni Computer Systems, Mphasis, HCL America, Deloitte & Touche, Tata Consultancy Services, Accenture and Satyam Computer Services.
WIPRO LTD. 3,143
INFOSYS TECHNOLOGIES LTD. 3,125
TATA CONSULTANCY SERVICES LTD. 2,754
SATYAM COMPUTER SERVICES LTD. 1,753
PATNI COMPUTER SYSTEMS INC. 969
COGNIZANT TECH SOLUTIONS U.S. 863
HCL AMERICA INC. 652
DELOITTE & TOUCHE LLP 545
ACCENTURE LLP 519
MPHASIS CORP. 445
Total 14,768
The 10 companies cited most by critics used less than 14 percent of new H-1B petitions approved in 2006 for initial employment (new hires who were not in H-1B status for a prior employer), according to USCIS.
The new H-1B professionals hired in 2006 by these global companies totaled fewer than 15,000, representing less than 4 percent of the approximately 440,000 people employed by these 10 companies worldwide.
It would be difficult to claim such a small number and proportion of employees are leading to the loss of a large number of American jobs, particularly within the context of a U.S. economy producing employment for over 145 million people. In fact, it is not clear it is leading to the loss of any American jobs.
The vast majority of H-1B visas go to U.S. high tech companies, financial institutions and U.S. universities.
Senators Grassley and Durbin wrote a letter to the companies on this list with headquarters in India.
Crackdown on Indian Outsourcing Firms (http://www.businessweek.com/bwdaily/dnflash/content/may2007/db20070515_218119.htm?chan=search) Two senators are probing how Indian outsourcing firms use U.S. work visas, with an eye on new restrictions by Peter Elstrom | Business Week, May 15, 2007
Lawmakers ask foreign firms for work visa data (http://immigrationvoice.org/forum/showpost.php?p=63251&postcount=896) By Donna Smith, Reuters, Monday, May 14, 2007
Senators questioning tech company use of H1-B visa program (http://immigrationvoice.org/forum/showpost.php?p=63122&postcount=892) By Suzanne Gamboa | Associated Press, 05/14/2007
Page 12 & 31 of Driving jobs and Innovation Offshore (http://www.nfap.com/pdf/071206study.pdf) The impact of high-skill Immigration Restrictions on America, National Foundation for American Policy (NFAP) Policy Brief, Dec 2007
Top 19 Employers of New H-1Bs Petitions Approved in FY 2006
WIPRO LTD. 3,143
INFOSYS TECHNOLOGIES LTD. 3,125
TATA CONSULTANCY SERVICES LTD. 2,754
SATYAM COMPUTER SERVICES LTD. 1,753
MICROSOFT CORP. 1,297
PATNI COMPUTER SYSTEMS INC. 969
COGNIZANT TECH SOLUTIONS U.S. 863
I-FLEX SOLUTIONS INC. 695
HCL AMERICA INC. 652
LARSEN & TOUBRO INFOTECH LTD. 624
TECH MAHINDRA AMERICAS INC. 614
INTEL CORP. 613
DELOITTE & TOUCHE LLP 545
ACCENTURE LLP 519
POLARIS SOFTWARE LAB INDIA LTD. 497
MPHASIS CORP. 445
SYNTEL CONSULTING INC. 415
ERNST & YOUNG LLP 396
LANCESOFT INC. 394
Other 88,070 (80.3 percent)
TOTAL 109,614 (0.07 % of U.S. labor force)
Source: USCIS
Explanatory note from USCIS: Employers were identified and counted on the basis of tax ID.
The number of approved petitions for new workers is not identical with the number of workers on the job because
workers are occasionally sponsored by more than one employer,
the job offer may subsequently be withdrawn,
the job offer may be declined, or
the worker if residing outside the country, may be denied a visa.
The total of 109,614 exceeds 65,000 regular plus 20,000 masters caps because it includes petitions for new workers exempted from the caps.
Fiscal year of petition approval often is earlier than fiscal year of worker start date. For example, about 50,000 H-1B petitions were approved in FY 2006 for a start date in FY 2007. The reason is that many petitions were filed in April beginning of cap season) and May by sponsors for workers beginning their employment in October---two different fiscal years.
The same phenomenon occurred this year, offsetting last year's effect to an unknown extent, but rendering straight comparisons between petition approvals and employment starts in a fiscal year subject to error and misinterpretation.
The CIA Fact Book estimates the size of the U.S. labor force in 2006 at 151.4 million.
The list in the table is for individuals who were hired on an approved H-1B petition for “initial employment” in 2006. Petitions approved for “continuing employment” would include both H-1B renewals by that same employer and individuals who had been working on H-1B status for another employer.
Pages 11-12
Critics charge that “most” H-1B visas are used by companies that engage in “outsourcing.” The 10 companies cited in these reports are Infosys Technologies, Wipro Technologies, Cognizant Technology Solutions, Patni Computer Systems, Mphasis, HCL America, Deloitte & Touche, Tata Consultancy Services, Accenture and Satyam Computer Services.
WIPRO LTD. 3,143
INFOSYS TECHNOLOGIES LTD. 3,125
TATA CONSULTANCY SERVICES LTD. 2,754
SATYAM COMPUTER SERVICES LTD. 1,753
PATNI COMPUTER SYSTEMS INC. 969
COGNIZANT TECH SOLUTIONS U.S. 863
HCL AMERICA INC. 652
DELOITTE & TOUCHE LLP 545
ACCENTURE LLP 519
MPHASIS CORP. 445
Total 14,768
The 10 companies cited most by critics used less than 14 percent of new H-1B petitions approved in 2006 for initial employment (new hires who were not in H-1B status for a prior employer), according to USCIS.
The new H-1B professionals hired in 2006 by these global companies totaled fewer than 15,000, representing less than 4 percent of the approximately 440,000 people employed by these 10 companies worldwide.
It would be difficult to claim such a small number and proportion of employees are leading to the loss of a large number of American jobs, particularly within the context of a U.S. economy producing employment for over 145 million people. In fact, it is not clear it is leading to the loss of any American jobs.
The vast majority of H-1B visas go to U.S. high tech companies, financial institutions and U.S. universities.
Senators Grassley and Durbin wrote a letter to the companies on this list with headquarters in India.
Crackdown on Indian Outsourcing Firms (http://www.businessweek.com/bwdaily/dnflash/content/may2007/db20070515_218119.htm?chan=search) Two senators are probing how Indian outsourcing firms use U.S. work visas, with an eye on new restrictions by Peter Elstrom | Business Week, May 15, 2007
Lawmakers ask foreign firms for work visa data (http://immigrationvoice.org/forum/showpost.php?p=63251&postcount=896) By Donna Smith, Reuters, Monday, May 14, 2007
Senators questioning tech company use of H1-B visa program (http://immigrationvoice.org/forum/showpost.php?p=63122&postcount=892) By Suzanne Gamboa | Associated Press, 05/14/2007
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jungalee43
09-28 12:39 PM
I am not US citizen and who becomes president or who the American people vote for is none of my business.
But I can't resist writing here because it is going to affect my life in a great way.
Sen. Obama's appeal of change is definitely attractive. But would he walk the talk?
He mentioned American values in the debate. All of us i.e. the EB immigrants came here on the invitation of American Employers to help American corporations and economy. I came here little over 8 years ago, not only on the invitation but on the insistence of the American employers. I paid taxes from day 1 and followed every law in letter and spirit.
My then colleagues, who were not invited, stayed back in India and have become Vice Presidents and Presidents of the companies. And they earn equal or more than what I earn here and have exactly same or better life style as I do, including the cars that I drive here. But I am stuck with the same job description and title that was assigned to me 8 years ago and all my retirement money in now with US government and none in India.
Then I've realized that once the EB immigrants, invited by the American employers, enter the GC loop, they are chosen by US immigration system to discriminate on the basis of their country of birth. People born in Timbuktu clear all the three stages of green card in 5 to 15 months. But for people born in India, this journey is simply put, 'endless'. I am myself in the last stage of green card for last five years for the only reason that I was born in India.
If Sen. Obama is really going to bring change, he’ll have to answer these core issues in the immigration system. What is broken is the respect for US values that he talked about. There is discrimination built in the system. There is no fairness, no equality and most of all no justice.
And if his fellow Sen. Durbin calls the shots in next senate then it is all over for us and may be for American employers also. If I am asked to write 100 reasons why CIR2007 failed, I would write Durbin-Grassley provisions on EB immigration from no.1 through 50. That would be followed by the disastrous points based system from position 51 through 75. (My former boss, a great maintenance manager in a huge company in India migrated to Australia under points based system. The last I heard of him was that he was a taxi driver at Sidney airport.)
If a scenario happens where Sen. Durbin calls shots in senate, Sen. Obama would be turning back on his promise of change. To bring change he may have to take the current senate democratic leadership head on. His best chances are with Republican Senate and Democratic House.
I am really really worried but still I wish all the very best to Sen. Obama.
But I can't resist writing here because it is going to affect my life in a great way.
Sen. Obama's appeal of change is definitely attractive. But would he walk the talk?
He mentioned American values in the debate. All of us i.e. the EB immigrants came here on the invitation of American Employers to help American corporations and economy. I came here little over 8 years ago, not only on the invitation but on the insistence of the American employers. I paid taxes from day 1 and followed every law in letter and spirit.
My then colleagues, who were not invited, stayed back in India and have become Vice Presidents and Presidents of the companies. And they earn equal or more than what I earn here and have exactly same or better life style as I do, including the cars that I drive here. But I am stuck with the same job description and title that was assigned to me 8 years ago and all my retirement money in now with US government and none in India.
Then I've realized that once the EB immigrants, invited by the American employers, enter the GC loop, they are chosen by US immigration system to discriminate on the basis of their country of birth. People born in Timbuktu clear all the three stages of green card in 5 to 15 months. But for people born in India, this journey is simply put, 'endless'. I am myself in the last stage of green card for last five years for the only reason that I was born in India.
If Sen. Obama is really going to bring change, he’ll have to answer these core issues in the immigration system. What is broken is the respect for US values that he talked about. There is discrimination built in the system. There is no fairness, no equality and most of all no justice.
And if his fellow Sen. Durbin calls the shots in next senate then it is all over for us and may be for American employers also. If I am asked to write 100 reasons why CIR2007 failed, I would write Durbin-Grassley provisions on EB immigration from no.1 through 50. That would be followed by the disastrous points based system from position 51 through 75. (My former boss, a great maintenance manager in a huge company in India migrated to Australia under points based system. The last I heard of him was that he was a taxi driver at Sidney airport.)
If a scenario happens where Sen. Durbin calls shots in senate, Sen. Obama would be turning back on his promise of change. To bring change he may have to take the current senate democratic leadership head on. His best chances are with Republican Senate and Democratic House.
I am really really worried but still I wish all the very best to Sen. Obama.
more...
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Pagal
06-20 07:29 AM
Hello,
Though housing market may still have room to fall and not rise again for next decade or so, there are some factors to consider in 2009 that could tilt the decision in favor of buying a house:
1. Location - If you are not in bad markets like CA, NY, FL but in more stable ones like TX, you should evaluate
2. Taxes - If you've AGI above 300k, buying house is one of the few options left to reduce your tax bill
3. Affordability - If your monthly mortgage, interest and maintenance payments are comparable to current rent amount (as taxes are adjusted during tax filing) and affordable even when you move out of US, buying house should be an option
4. Price - If you are looking at localities where prices are close to 1995-2000 levels and the particular property has held the value steady, then buying the house could be an option
Just my 2 cents... :)
Though housing market may still have room to fall and not rise again for next decade or so, there are some factors to consider in 2009 that could tilt the decision in favor of buying a house:
1. Location - If you are not in bad markets like CA, NY, FL but in more stable ones like TX, you should evaluate
2. Taxes - If you've AGI above 300k, buying house is one of the few options left to reduce your tax bill
3. Affordability - If your monthly mortgage, interest and maintenance payments are comparable to current rent amount (as taxes are adjusted during tax filing) and affordable even when you move out of US, buying house should be an option
4. Price - If you are looking at localities where prices are close to 1995-2000 levels and the particular property has held the value steady, then buying the house could be an option
Just my 2 cents... :)
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satishku_2000
08-02 07:10 PM
Re-file 140 or file an appeal on the 140.
Filing the appeal; you will be able to extend the h-1b.
Thanks UN for your comments , any comments for the situation mentioned in this thread
http://immigrationvoice.org/forum/showthread.php?t=11819
Filing the appeal; you will be able to extend the h-1b.
Thanks UN for your comments , any comments for the situation mentioned in this thread
http://immigrationvoice.org/forum/showthread.php?t=11819
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pete
04-10 04:12 PM
Its important to understand the root cause for the retrogression. Illegals dont have categories and categories in the EB GCs are there for a reason. It makes a world of a difference for somebody who is EB2 or EB3 if the person was from say.. Bangladesh. If EB2 he is all set if EB3 he will be languishing here. I am EB2 and am in trouble because of CONSULTANTS and yes I have a problem with that.
Fighting between EB categories shows how shallow our debates can turn out to be! Rhimzim & all, do the illegals differentiate between meat packers, seamstresses, window cleaners etc.? Why waste time and energy?
Fighting between EB categories shows how shallow our debates can turn out to be! Rhimzim & all, do the illegals differentiate between meat packers, seamstresses, window cleaners etc.? Why waste time and energy?
delax
07-13 12:13 PM
I agree with that...spillover should have a releif to highly retrogressed also.Common 2001 EB3 is still hanging when will we get our solution.EAD is not a GC.This not relief.I understand unity is required here ,but how aboutEB3
.Even we need required justice.
Atleast we can address the problem.
At the risk of differing with you and inviting unflattering comments from others, but to benefit a healthy debate, I beg to differ that spill over should go to the most retrogressed at the expense of a difference in skill, training and experience level. As you probably may know, EB2 does require a different and arguably more enhanced skill, traninig and experience level than EB3.
If you beleive in the principle that in a land of meritocracy the higher skilled should have an easier path to immigrate then EB2 should always get a preference over EB3 regardless of country of birth so long as the ROW demand within the same category has been satisfied.
Understand, that this definition of EB3 and EB2 is all on paper. I am not saying that all EB2 are 'smarter' than EB3 and vice versa, but the letter/intent of the law is what it is.
Sounds harsh and heirarchical but is true. Obviously I have a vested interest in a favorable interpretation of the law and I welcome the spill over to EB2-I. This does have a flip side if you are EB3-I, but look at a few bulletins from last year/early this year where EB2-I was unavailable and EB3 still was current and/or had a cut off date for a ROW/retro country.
.Even we need required justice.
Atleast we can address the problem.
At the risk of differing with you and inviting unflattering comments from others, but to benefit a healthy debate, I beg to differ that spill over should go to the most retrogressed at the expense of a difference in skill, training and experience level. As you probably may know, EB2 does require a different and arguably more enhanced skill, traninig and experience level than EB3.
If you beleive in the principle that in a land of meritocracy the higher skilled should have an easier path to immigrate then EB2 should always get a preference over EB3 regardless of country of birth so long as the ROW demand within the same category has been satisfied.
Understand, that this definition of EB3 and EB2 is all on paper. I am not saying that all EB2 are 'smarter' than EB3 and vice versa, but the letter/intent of the law is what it is.
Sounds harsh and heirarchical but is true. Obviously I have a vested interest in a favorable interpretation of the law and I welcome the spill over to EB2-I. This does have a flip side if you are EB3-I, but look at a few bulletins from last year/early this year where EB2-I was unavailable and EB3 still was current and/or had a cut off date for a ROW/retro country.
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.
