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.
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.
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 PREVIUOS 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??
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Correct me if I am wrong.
I dont think there were any provisions in 2007 CIR that curtail job movement using AC21 for greencard holders. I think we are over-analyzing this - that Sen.Durbin is against lot of H1B provisions is evident. Also he may not be in favor of visa-recapture for EB immigrants - but I dont think he will single handedly drive immigration rules and make the life of all EB immigrants tough. He may have some support in changing the rules in H1B - but I dont think even he is not that negative regarding GC aspects - even if he is, may not get widespread support for it in congress.
Also Obama has shown his governing style (from the campaign, debate etc) - which is very level headed based on a bunch of things and discussions rather than following "one" ideological path blindly. If at all I think his administration will be more favorable to EB GC reform and somewhat unfavorable H1B reform (and completely pro-undocumented reform just like McCain). This is based on my interpretation of his immigration policies on his site and based on his general campaign.
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
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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You post is a testimony that not all hope is lost with Islam. There are still people like yourselves who can think objectively or at least open to one.
And this is the reason why I am not against Islam as this would also mean that I am raising my fingers on the guys like urself.
Though I sense your intent, I am too feeble to carry the burden even a fraction of the weight of your point. And I am not even trying to be modest here. Though there is a quite a bit of work to be done for moderate muslims to come forward and lead the way, Muslims have a very proud history (along with issues like most religions/races). Lets hope the people on all sides tone down the rheotric and live and let live
???? How do you know that L-1 visa holders will not pay tax ?
The day after voters returned Democrats to power in the House and Senate last year, the AFL-CIO held a press conference at its Washington headquarters to announce that union members had come to the polls in large numbers to vote Democratic.
They also promised to remind the new rulers of Congress that labor put them there, and that unions would be back in 2007 looking for support. So far, all indications show Democrats in Congress have been happy to oblige one of their most loyal constituencies.
Legislation backed by labor that was left on the shelves when the House was under Republican rule has been dusted off by Democrats and moved to the floor. This includes so-called card-check legislation approved by the House earlier this year, which was the subject of a huge lobbying fight between labor and business.
By contrast, free-trade agreements opposed by labor and negotiated by the Bush administration have been delayed, some apparently until after the 2008 election.
�There�s been a dramatic change since January,� said Bill Samuel, a top lobbyist for the AFL-CIO who is in frequent communication with Democratic leaders. �Issues that have been long ignored are now getting the attention they deserve.�
�I think they�ve done a fair job in recognizing what our priorities are and addressing them,� agreed Fred McLuckie, legislative director of the International Brotherhood of Teamsters.
House Republican Conference Chairman Adam Putnam (R-Fla.) agreed with the labor leaders, but put a different spin on the changing tides.
�The brazenness with which they�ve paid back Big Labor is astonishing,� said Putnam, who thinks the loyalty will come back to haunt Democrats next year, particularly since labor unions now represent less than 8 percent of the nation�s private workforce.
Putnam said the shifting fortunes for labor reflect �a blatant return to the old stereotype of Big Labor bosses pulling the strings of Democrats.�
Few Democrats, however, seem to think helping labor will hurt them. For example, only two House Democrats voted against the card-check legislation despite intense lobbying by business groups and negative advertisements in some districts. In the Senate, every Democrat voted in favor of card-check on the floor, as did Republican Sen. Arlen Specter (Pa.).
Pro-business Democratic Rep. Adam Smith (Wash.) said he has some differences with unions on trade. But he has no problem supporting card-check or other pro-union bills that he sees as helping low- and middle-income workers get a share of the economic pie.
While card-check legislation, formally known as the Employee Free Choice Act, received the lion�s share of headlines over the first half of the year, dozens of other measures designed to help the labor movement have been inching forward.
For example, lawmakers have attached to several bills language requiring that workers be paid a prevailing wage � and the tactic has helped highlight divisions within the Republican Party. Fifty House Republicans voted to keep prevailing-wage language in a water-resources bill earlier this year.
In addition, the Teamsters and the International Association of Machinists & Aerospace Workers won a provision in the House Federal Aviation Administration bill that makes it easier for employees of Federal Express to form unions, which could be a boon to the Teamsters and the machinists union. A second provision backed by labor would force the administration back to the negotiating table with air traffic controllers.
And just last week, the House approved a bill providing collective-bargaining rights for firefighters and other first responders in all 50 states. The lower chamber also passed a Department of Labor funding bill that offers increased dollars for workplace enforcement offices like the Wage and Hour Division, which looks into claims that overtime is not being paid, while cutting funds for an office that investigates union corruption.
In the second half of 2007, the AFL-CIO expects to push for bankruptcy law reforms as well as legislation overturning a National Labor Relations Board ruling that broadly defined workers considered to be supervisors. Overturning the decision could allow many more workers to qualify for collective bargaining rights.
Furthermore, the Teamsters will continue to press Democrats to prevent the administration from carrying out plans to allow Mexican trucks access to U.S. roads, McLuckie said.
Meanwhile, the Service Employees International Union (SEIU), which split from the AFL-CIO a few years ago, is lobbying aggressively on several broad policy issues, including an expansion of the State Children�s Health Insurance Program, according to Secretary-Treasurer Anna Burger.
The debate over ending the war in Iraq is also a top priority for SEIU members, who are even more anti-war than the rest of the nation, Burger said, explaining that the SEIU sees the Iraq war as diverting funds that could be used to provide universal healthcare and other priorities.
Still, while union proposals have won momentum, only one union priority � an increase in the minimum wage � has actually become law. Other measures have been held up in the Senate by Republican-led filibusters or are threatened by presidential vetoes.
While the AFL-CIO�s Samuel admits that moving from a defensive posture to offense has been exciting, he said there is frustration that labor issues have been held up in the Senate. And he insists Democrats have not given labor a blank check, even though he and his colleagues are spending more time in the offices of House Speaker Nancy Pelosi (D-Calif.) and Majority Leader Steny Hoyer (D-Md.) in this Congress. �You still have to argue your case on its merits,� he said.
�For the last 12 years we were for the most part on the defensive,� Samuel continued. �It was other people who were making decisions which we were reacting to. I think now we are able to make decisions, to decide what issues to promote.�
AFL-CIO officials meet weekly to decide which issues to push for. They are also in frequent contact with other labor leaders, who say there�s no evidence that Democratic leaders are playing favorites among the sometimes-fractious labor movement.
SEIU and the Teamsters left the AFL-CIO a few years ago and formed the Change to Win coalition. But McLuckie said he hadn�t heard any complaints within the Change to Win coalition about access to Democrats.
For their part, Republicans hope to use labor�s successes to portray Democrats as too compliant with union demands. For example, the National Republican Senate Committee is already trying to raise money from small businesses spooked by the card-check bill.
It has produced an ominously scored video featuring grainy footage of Senate Democrats rallying for the card-check legislation to convince businesses to donate to the GOP next year. In the video, Senate Majority Leader Harry Reid (D-Nev.) tells the crowd, �We have a majority in the U.S. Senate because of you.� Meanwhile, the figure $1,389,489 flashes on the screen to reflect the contributions Reid has received from �Big Labor.�
The video closes with Sen. Hillary Rodham Clinton (D-N.Y.) promising to sign the bill into law when she is president, and notes Republicans need only two seats to regain control of the Senate.
While unions are holding off on their presidential endorsements for now, the video reflects their long-term plan for card check. In 2009, labor hopes to have a Democratic president and a larger majority in the Senate, which would make business-backed filibusters more difficult.
�I think it will be easier next time,� said Samuel, who thinks the labor agenda in Congress will help Democrats in next year�s elections. �I think these measures are generally very popular.�
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Gibbons, 70, says he learned that lesson when he tried to raise 4 million pounds ($6.2 million) from two wealthy London- based nonresident Indian investors in November 2006.
Talks failed because of differences over expectations for returns on equity and other contract terms, he says.
�That�s what made me think this just can�t be done,� he says.
Indian microlenders differ from Yunus�s Grameen Bank in key ways. To protect depositors� money after bankruptcies among nonbanking financial companies in the early 1990s, India�s Reserve Bank in 1997 made it more difficult for them to meet the requirements needed to take deposits from the public. Only 36 microlenders are registered as nonbank financial companies, according to information supplied by the Reserve Bank.
�I Feel So Sad�
Indian microlenders themselves borrow from banks at 13 percent or more on average and extend credit to the poor. They charge interest rates that can rise to 36 percent, says Alok Prasad, chief executive officer of the Microfinance Institutions Network, which represents 44 microlenders. He says all 44 firms are registered with the Reserve Bank.
SKS Microfinance gets funds at about 12 percent interest and lends at 24.52 percent in Andhra Pradesh, spokesman Atul Takle says.
In Bangladesh, Grameen Bank got a banking license in 1983, which allowed it to take deposits. It charges 5 percent for education loans and 8 percent for housing loans. Beggars can borrow for free, and interest on major loans is capped at 20 percent, Yunus says.
�Microfinance has been abused and distorted,� he says. �I feel so sad because that�s not the microcredit I have created.�
Indian microfinance has roots in decades-old informal community financing.
Nongovernmental organizations pioneered cooperative lending, known today as self-help groups, with seed money from the National Bank for Agriculture and Rural Development. Encouraged by these projects, the state-backed bank worked to tie borrowing groups to local bank branches in 1992.
Nonprofit organizations subsequently got involved as middlemen between the banks and the borrowers. By 2005, nonprofits such as SKS and Share Microfin had turned themselves into profit-making enterprises.
Akula�s SKS attracted investors such as Khosla Ventures, Sun Microsystems Inc. co-founder Vinod Khosla�s venture capital firm.
Capital flowed into the new industry from commercial banks, venture firms and private equity.
Sequoia Capital, in Menlo Park, California, and Bangalore- based Infosys Technologies Ltd. Chairman N.R. Narayana Murthy were among the backers. George Soros�s Quantum Fund has a 0.37 percent stake in SKS.
Private-equity investors alone have put $515 million into Indian microfinance companies since 2006, research service Venture Intelligence says.
More than half of the 66 Indian microlenders tracked by Micro-Credit Ratings are for-profit firms. Some 260 microlenders had 26.7 million borrowers and 183.44 billion rupees of loans outstanding as of March, according to the Microfinance India State of the Sector Report 2010.
�Over the last two years, we�ve been seeing explosive growth,� says N. Srinivasan, who wrote the report. �Microfinance institutions found that it�s easy to make money. Not that making money is bad, but when you go overboard and say you require money for growth, you get into problems.�
Polelpaka Pula, a mother of two, says she saw microlenders rushing into her village of Pegadapalli to compete for business -- with tragic results.
Her husband, Prakash, a painter who made 250 rupees on a good day, first borrowed from a group of villagers to build a house. Each participant of the so-called chit fund contributed 1,000 rupees a month and took a turn collecting the entire sum.
Microfinance officers from L&T Finance Ltd., Spandana Sphoorty Financial Ltd., Share Microfin and SKS began offering loans in the village starting in 2004, she says.
The couple, already contributing to their village fund, took five more loans totaling 64,000 rupees. That saddled them with payments of 7,300 rupees a month, more than Prakash�s 5,000 rupee maximum monthly income.
When Prakash ran out of microlenders to borrow from, he went to a village loan shark, who charged 100 percent interest.
With no way out and debt from multiple lenders ballooning, Prakash hanged himself in November 2009, his wife says.
The small house he�d dreamed of was never completed. Only the foundation stands next to the home of his parents, a tiny structure with a roof of palm leaves.
Spandana says that neither of the couple�s names is in its database. The company says the media wrongly attribute harassment cases to microfinance, especially when Spandana is mentioned.
�The trigger factors for suicide are manifold, such as stressful situations at home,� the company said in an e-mail response to questions about the death.
SKS spokesman Takle says its staff has practiced responsible lending for the past 12 years. Its employees are not paid based on the loan size or repayment percentage.
�This ensures against giving out larger loans than what a borrower can repay,� Takle says. A spokesman for L&T Finance declined to comment.
Overlending in Andhra Pradesh calls to mind the U.S. subprime crisis, says Lakshmi Shyam-Sunder, director of corporate risk at International Finance Corp. in Washington, which invests in microlenders.
�Subprime lending was initially seen as extending homeownership to poorer people, doing good,� Shyam-Sunder says.
As the industry expanded, making a profit became more important to some lenders, she says. �Tension arises when you work on activities with both social goals as well as commercial interests,� she says, adding that it�s important to strike the right balance.
Companies chasing profits amid poor corporate governance are undermining the intent of microfinance, Cashpor�s Gibbons says.
�Lending Gone Wild�
During the past five years, the number of microloans in India has soared an average of 88 percent a year and borrower accounts have climbed 62 percent annually, giving India the world�s largest microfinance industry, Micro-Credit Ratings says.
�This is unrestrained consumer lending gone wild,� Gibbons says. �It�s not about poverty reduction anymore.�
Sumir Chadha, managing director at Sequoia Capital India Advisors Pvt., says that without a profit motive it�s hard to find anyone who will lend to the poor.
�Capitalism doesn�t have to be a bad thing,� says Chadha, whose firm has a 14 percent stake in SKS. �If you can�t profit off the poor, it means that no companies will service the poor -- and then they will be worse off than earlier.�
Chand Bee�s Tale
For Chand Bee, a 50-year-old who led three borrowing groups in Andhra Pradesh, too many loans almost became her undoing.
She says she ran away from home after collectors began harassing her. She took out multiple loans beginning in 2005, and she names Spandana as one of the lenders.
Some of the money paid for the funeral of her eldest son. When she fell behind on payments, she says loan officers threatened to humiliate her in front of neighbors and pressed her to sell her small grandchildren into prostitution.
She left her slum in Warangal, where she lived with her deaf husband, some of her eight grown children and more than a dozen grandchildren.
After living as a beggar for a year, Chand Bee returned home in early November when family members told her that the state ordinance that went into effect on Oct. 15 had suspended some collections. A Spandana spokeswoman says none of the company�s four customers in the district with the name Chand Bee has had trouble repaying.
Almost every household in the slum of 250 people -- where barefoot children play in lanes between rows of dilapidated shacks -- has taken several loans. So many microlenders ply their trade that residents refer to them by the days they collect: Monday company, Tuesday company and so on.
Rabbani, a widow with four children, is one of the few women who are debt-free. She started a spice shop with two loans, which she repaid with her small profit. After seeing her neighbors� pains, she vowed never to seek another microloan.
SKS says 17 of its clients have committed suicide, none because of loans being in arrears or harassment.
�Suicide is a complex issue,� Akula says.
Sitting in the second-floor conference room of SKS�s seven- story headquarters in Hyderabad, where posters of smiling women running handicraft and tailor shops decorate the doors of elevators, Akula says there�s nothing wrong with seeking profits.
�What does it matter to a poor woman how much an investor makes?� says Akula, dressed in his trademark knee-length kurta shirt from Fabindia, a seller of ethnic clothes made by rural craftsmen. �What matters to her is that she gets a loan on time at a reasonable rate that allows her to earn higher income.�
Let us face it , we all are selfish. And if our self interest match then we are an organization.
here is another point:
i think its a childish and selfish idea...i agree labor substitution was absolute nonsense...but not PD porting!
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key points to ponder:
- Finally IRS and USICS have come together. !! .. thats a big blow to the body shoppers ( may be a good thing)
-> 50 employees cant have more than 50% H1B's. I think this will basicaly create many smaller consulting companies nothing else. This I don't like .. could be bad for genuine businesses.
I hope it doesnt, without any amendments. Maybe a friendlier bill with strict H1-B rights would be nice.
Just remember that there are a lot of EB3 out there with Masters degrees, like myself, and waiting since early 2002.
EB3s - mail out the letter PLEASE!!!!!
Go ahead do it..... send a badly written letter.
The content of the letter does not read like it was written by a college graduate - at least seek help with writing a professional letter, it sounds very archaic ! Bad expression, poor grammar, poor reasoning, unreadable.
The letter will fare better if it is at least readable.
I'm in EB2 but i will continue to help in IV efforts, and contribute $$ when i can for all efforts EB2 or EB3. I understand the pain of EB3 applicants, so do several (most) others.
Your posts like ".....crying like little babies...." will not help......
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I am not against any religion.. but at the same time when something bad/evil is pointed out in any religion, try to accept it as a part and if you can try to mend it..
First try to accept thy mistake... then point fingers... (It applies to everyone.. including me)
Keep barking the same thing again and again. This is not going to make even a small dent on my faith. The more you hate, the more we love our faith.
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Can I PM you or is there any other way. The question has no relation to this current thread but I need some clarification.
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There is mainly two things for denial: ability to pay and person not meeting the education and experience requirement.
Now; some of the things that USCiS goes after: close relative owning the compay; no registered office or just a virtual office in a particular fast processing state; too many 140's (ability to pay); in merger situations;not substantially all assets and liabilities were acquired by the successor entity (greencard labor rules in successor are different then h-1b situation).
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I am an EB3 2003. I think I did qualify for EB2, but the job position did not require me to be in that category, moreover EB2 & Eb3 were both current and various other factors were considered and they decided to apply in EB3.
NOW: It was my bad that I got stuck in the stupid BEC. A fellow I know with lesser qualifications applied in EB3 in 2004, then changed jobs, applied in EB2 in 2004 and has a green card already.
DO YOU MEAN TO SAY: THAT YOU ARE GOING TO DENY ME MY 2003 PD IF I APPLY IN EB2. FORGET THINKING ABOUT IT! Not that it is easy or I am doing it. As a matter of fact, I am not interested!.
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if you want to remain a slave to the GC process and ristrict your career by staying with a company..just because you dont want to lose your PD...then..god save u and ur future..
the person who ports his PS was already in the line..he reclaimed his rightful place after going thru the due deligence...of restarting his GC process...in fact ppl.
i am sure ..after oct they will offer some relief to Eb3 category...
i think its a childish and selfish idea...i agree labor substitution was absolute nonsense...but not PD porting!
Why did they not take the employer to court? Why make the EB2 line suffer for these employer's faults?
If an employer wrongly files your case under EB3 instead of EB2 or EB1, then the onus is on you to challenge them and take them to court if need be.
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we were qualified to apply in eb-2 and RIR and the economy and the WTC attacks made things worse..
So what you are saying is - some EB2 RIR petitions were rejected by DOL and employers re-applied under regular supervised recruitment under EB3.
How does this imply that "DOL advised some of us to file under EB3?"
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Do you stand with Sen. Durbin on amnesty/legalization for illegal/undocumented people while creating problems for tax paying and law abiding consultants? This will be height of hypocrosy...
Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Is benching that happens in consulting legal? Is paying salary according to prevailing wages in Maine and sending the contractor to work in Manhattan legal? Please tell me how these practises by desi consulting firms are legal.
And you're telling me I am ignorant! You're funny :D
I am sorry, I am not a very knowledgeable person in immigration matters like many of you, but when it comes to finger pointing, we have to show all consulting companies and why only DESI companies are getting into this discussion. I know friends who worked for IBM & KPMG on H1b travels to all states for short term contracts. What about those biggies? They are also desi firms?
How did you come to US in the first place? if not thru a consulting company ( I know F1 is another option) either thru big companies like TCS, Wipro or Infy or through desi consulting firms. Pls do not forget the fact that USCIS changed their stand now and saying that it is not legal to work else where other than employer location. If they implement that rule from start then this mess wouldn't happen.
Now, we are in trouble and so stop finger pointing and give any good advise if you can.
FYI..I am an FTE and I came to us thru a multinational firm and never worked for a desi consulting cmpny.