EB1C Fraud !!! We need answers......


Desi Dude

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  • How come suddenly thousands of so called "Managers" in the big Indian IT companies decided to make US their home?

  • Why does USCIS think that US needs more Managers now than people who actually do the work (EB2 or EB3).

  • Wonder why all these big Indian IT companies are helping their 'Talented Managers & Executives' to move to US permanently? Shouldn't that be a loss situation for them?

What USCIS needs to understand -

1) These so called 'Managers' are not exactly Managers, infact most of them are less qualified and less experienced than EB2 folks and even EB3 folks.

2) Since these Indian companies have tens of thousands of employees, almost everyone is like a manager except the freshers. The definition of Manager is not the same as in US.

3) Today American Industry needs folks with US Masters degree who have American work experience and working in the field of their study. Not some guy with Bachelor degree in a different field who has 3 freshers working under him and 1yr of American Industry experience.

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I raised a same question in fact I used term "abuse" and senior members here blasted me left and right. I am now sceptical of even say anything in this forum. Only good handful of seniors are left and baby boomers have taken over this forum. Oh well.... move on to other forums where there are sensible and knowledgable people live.

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You know, you may "feel" that these are fraudulent situations, but here in the US, you would have to provide actual evidence.

Please keep this "we think xyz is fraudulent" stuff on ********, until you actually have evidence, and not just something heard from a third cousin twice removed.

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I raised a same question in fact I used term "abuse" and senior members here blasted me left and right. I am now sceptical of even say anything in this forum. Only good handful of seniors are left and baby boomers have taken over this forum. Oh well.... move on to other forums where there are sensible and knowledgable people live.

Nobody said it may not be happening. But one needs concrete evidence. Otherwise it will only be an `allegation' without any concrete proof. Said that, going by the track records of desi consulting companies I tend to believe farud is very much likely going on.

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  • How come suddenly thousands of so called "Managers" in the big Indian IT companies decided to make US their home?

  • Why does USCIS think that US needs more Managers now than people who actually do the work (EB2 or EB3).

  • Wonder why all these big Indian IT companies are helping their 'Talented Managers & Executives' to move to US permanently? Shouldn't that be a loss situation for them?

What USCIS needs to understand -

1) These so called 'Managers' are not exactly Managers, infact most of them are less qualified and less experienced than EB2 folks and even EB3 folks.

2) Since these Indian companies have tens of thousands of employees, almost everyone is like a manager except the freshers. The definition of Manager is not the same as in US.

3) Today American Industry needs folks with US Masters degree who have American work experience and working in the field of their study. Not some guy with Bachelor degree in a different field who has 3 freshers working under him and 1yr of American Industry experience.

This is by far the most pathetic argument I've read, next year you would say that USCIS should completely ban approving GC and H1B visas for Indian companies. I think instead of worrying about others, you should try to improve your own career. I'm not against anyone of any background, what makes you think that people who hold some kind of masters degree from any xyz US university are smarter than people working in Indian companies? In fact many of them really s***k.

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My point was to raise awareness and have an honest discussion. Only USCIS can fix this mess, we can only make enough people aware.

JoeF, you talk so much about fraudulent consulting companies (and I completely agree with you) but did you provide any evidence. You know about them just coz you have heard from your friend's cousin. If you had proof that company would have been blacklisted and charged. We all know what you say is true but we don't need evidence coz we have seen so many cases and they make sense.

I think when people talk about evidence etc they actually want to avoid the discussion since they know it's true.

The questions I raised are common sense questions. Anyone who wants to defend EB1C should first start with answering the questions I raised.

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JoeF, you talk so much about fraudulent consulting companies (and I completely agree with you) but did you provide any evidence.

People have stated themselves that they didn't get paid on bench. That's the fraud I talked about.

Completely different from your stuff. I rely on people stating that fraudulent things happened to them.

If you had proof that company would have been blacklisted and charged.

I personally don't care. I am just telling people to avoid bad companies.

Oh, and in the one case I was passionate about, TVU, ICE was already on their trail, and they shut TVU down.

So, again, please keep your stuff on ******** until you have evidence.

Thank you.

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@JoeF:

Ohhhhhhh........Do you expect Immigration Violators/Cheaters to come voluntarily and disclose that they are cheating/violating the Immigration Laws? If that will be the attitudes of the people, then we do not need any Police Department, or Jury, or Court System, or Border Patrol System. Your expectations are genuine, but the expectations are quiet childish.

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The DOL has posted the names of companies that cannot file:

http://www.dol.gov/ofccp/regs/compliance/preaward/debarlst.htm

http://www.dol.gov/whd/immigration/H1BDebarment.htm

www.dol.gov/whd/regs/statutes/mspa_debar.xls

http://www.foreignlaborcert.doleta.gov/pdf/Debartment_List_Revisions.pdf

Do a simple google search for "dol debarment list" and you get over a half-million hits.

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JoeF, you talk so much about fraudulent consulting companies (and I completely agree with you) but did you provide any evidence. You know about them just coz you have heard from your friend's cousin. If you had proof that company would have been blacklisted and charged. We all know what you say is true but we don't need evidence coz we have seen so many cases and they make sense.

Please do not misrepresent what I am posting.

I tell people to stay away from any company that asks them to pay for an H1, from any company that doesn't pay on bench, etc.

I never say anything about particular companies unless I have evidence.

If you don't understand the difference, please educate yourself.

This is the US. Here you need evidence for wrongdoing, otherwise it is libel.

Until you have evidence, keep this stuff somewhere else. Thank you.

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EB1c would definitely be the one of the next items that USCIS would be cracking its whip on..

USCIS straigtened out several categories that have been abused or misused and tightened bolts on several others..WITHOUT ANY BODY SUBMITTING ANY PROOF..

for ex..EB5, Labor substituiton, Desi Consulting model/ E-V-V-V-series/ TVU or *** to name just few...

and most importantly , blocking the mass H1 filing by few hideous desi IT service companies who are again set on abusing the EB1c...old habits die hard..

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Man, you guys are misunderstanding, those companies have nice immigration team and nice lawyers with them,they go thru number.of layers of check up, unless you are qualified, you will not be filed for something, i know i worked for them ofcourse i came out of that company and working for american company but trust me, they have nice polices and solid structure in place, otherwise, they can not maintain such big teams, just jealousy that you are not getting they are getting does not help, i will bet you that join in the company and ask them to file and see whay they say.. without knowing anything, donot bring useless things to board, it is waste of energy.

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Desidude - I'm completely with you dude...i understand the situation and feel bad and cheated when people on L1 with so called manager title getting their GC within 6 months after coming to the US within 1 yr.

Recently one of my friend got their GC this way..not to mention they dont know the struggle and pain a normal EB2/EB3 guy goes thru. These people dont even have respect for getting their new status so easily.

just like the h1b visa and fraud desi consulting companies...we only hope the USCIS opens their eyes on this new loopholes by our fellow men.

I'm ashamed to be an Indian!!!

why are you ashamed of, i am proud of be an Indian, massive fraud in banking system in America collapsed entire world economy but nobdoy is ashamed of be an american, isn't, fraud can happen anywhee and it is not associated with any place or any race, be proud of what you are and values that you bring it on not because what others do... good luck.

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I agree too. EB1C is misused by L1 Companies. I know two people who got their green card. The first had a engineering degree from god knows which school in india and cannot even form a proper english sentence - He got his GC in 6 months when in fact he wasn't even seriously looking for it.

The other who is my close friend - We went to the same school and he has been in US for little less than 2 years and he got his in 6 months too..

Here I am in the US for the last 11 years and still have not been able to get my GC....I have a masters from US university and have been working for US companies for all these years..

I almost feel like an idiot - May be I should have spent two years I spent on college on finding all the loopholes in the system and aligning myself with the companies that couple get me a EB1C..

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@JoeF:

Ohhhhhhh........Do you expect Immigration Violators/Cheaters to come voluntarily and disclose that they are cheating/violating the Immigration Laws?

If you do not have evidence of law violations, you can not make claims that people in a certain category are breaking the law. Plain and simple.

That's how things work in this country.

Provide evidence.

Oh, and there are whistleblowers, as the recent news shows.

Now go back to ********...

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Desidude - I'm completely with you dude...i understand the situation and feel bad and cheated when people on L1 with so called manager title getting their GC within 6 months after coming to the US within 1 yr.

Recently one of my friend got their GC this way..not to mention they dont know the struggle and pain a normal EB2/EB3 guy goes thru. These people dont even have respect for getting their new status so easily.

just like the h1b visa and fraud desi consulting companies...we only hope the USCIS opens their eyes on this new loopholes by our fellow men.

I'm ashamed to be an Indian!!!

i do not understand why moderator deleted before my comment but..

why are you ashamed of an Indian, the great 100 years old lethman brothers from New York collapsed but nobody from new york is ashmed of, any field or any country few rotten eggs, eventually they are cleaned up..

first grow up and start thinking positively... help others in need instead of putting useless comments...

never ever associate anyting to the entire group or entire race, stick to the message and stick to the problem, come out of regionism and do not be racist.

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Fraud is always a problem with immigration benefits. That is why the penalties are so stiff for fraud/misrepresentation, even when people lie about things that would not have mattered had they told the truth.

The L1 and EB1 is not supposed to be for lower-level managers. In my experience, the larger India-based companies that sponsor L1s do not file GC cases for their employees. They expect their employees to return abroad, and have them sign various agreements in an effort to enforce this expectation.

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I was reading a thread on another forum where one member has asked to help to reply RFE for the following questions:

List down the detailed Managerial Responsibilities performed by you: (a) What executive/managerial and technical skills were required to perform the overseas duties?; (b) How much of the time spent by you has been allotted to executive/managerial duties and how much to other non-executive functions; © What degree of discretionary authority in day to day operations did you have in the overseas job?

He doesn't know how to answer these questions. He has been working here on L1 for several years for a Fortune 500 company.

Here we are struggling for decades and there is no GC at sight. God Bless America!

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Thanks guys, almost everyone can see the fraud except people who want to keep their eyes shut.

JoeF, this is a forum not a courtroom where we have to provide evidence for anything we say. As I said already, this is to raise awareness and have a discussion. So if you support EB1C and think that all these anomalies are just coincidences then go ahead answer the logical questions I raised. And if can't answer, then you have to agree with all of us unless you wanna deny commonsense.

Please read my questions again. Why is there a sudden spike in EB1C now? Who are these companies who are doing EB1C for their employees and why would they do it logically?

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As I said, if you know of abuse, report it.

But you can not deduct from abuse that the whole category is bad. There will always be some amount of fraud in all categories. Fraud in EB1C isn't any worse than fraud in EB2 and EB3.

It is always interesting that people see the splinter in somebody else's eye, but not the log in their own eye (paraphrased from the Bible...)

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If it's a loophole correctly used, it's not fraud. If your spouse was born in a different country but only lived there for a month as an infant, would not file in ROW? The same here. It may not be in true spirit of the law, but many people qualified. It's stupid to blame them. Blame the aweful laws.

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JoeF, this is a forum not a courtroom where we have to provide evidence for anything we say. As I said already, this is to raise awareness and have a discussion.

Oh come on.

How about "raising awareness" of fraud in EB3, for example?

Each category has likely some amount of fraud.

So if you support EB1C

And once again you put words in my mouth. Please stop that.

I support immigration in all categories.

and think that all these anomalies are just coincidences

How about you list "anomalies" in your own category before looking at some other category you have no clue about?

Always look in the mirror first.

Thank you.

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@JoeF:

This is how things work here in United States of America. Do not try to dump your thinking upon us, by trying to act like a dictator, which will not work in USA.

What Evidence are you talking about? We are seeing the evidences in our work place on a regular basis. If you are living with the wrong notion that this is how USA works, then it is high time for you to update your knowledge about USA History.

1) When George Washington led the American victory over Great Britain in the American Revolutionary War as commander-in-chief of the Continental Army, he did not just wait and watch for Evidences against Great Britain. He did what was RIGHT, and what was JUST.

2) When Martin Luther King fought African-American Civil Rights Movement, he did not wait and watch for Evidences to act upon it. He did what was RIGHT, and what was JUST.

3) When USA fought the war against Taliban after the September 11 Attacks, USA Leaders did not wait and watch for Evidences against Taliban. They did what was RIGHT, and what was JUST.

4) When USA fought the war against Iraq, and captured Saddam Hussein, USA Leaders did not wait and watch for Evidences against Saddam Hussein. They did what was RIGHT, and what was JUST.

5) When USA attacked Osama Bin Laden, USA Leaders did not wait and watch for Evidences from Pakistan, which was constantly saying that Osama was not in Pakistan. They did what was RIGHT, and what was JUST.

In other parts of the World, the Evidences can be bought and sold, and Evidences can be suppressed. That is why lots of criminals are roaming around openly for lack of evidence in those parts of the world. In USA it does not work like the way you think, even if you do not like it.

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