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Whistleblower In Limbo After Reporting H-1B Visa Fraud At Infosys

McGruber writes "The New York Times has the sad story of Jack B. Palmer, an employee of Infosys, the giant Indian outsourcing firm. 17 months ago, Mr. Palmer made a quiet internal complaint that Infosys was committing visa fraud by bringing 'in Indian workers on short-term visitor visas, known as B-1, instead of longer-term temporary visas, known as H-1B, which are more costly and time-consuming to obtain.' Since making his complaint, Mr. Palmer 'has been harassed by superiors and co-workers, sidelined with no work assignment, shut out of the company's computers, denied bonuses and hounded by death threats.'"

66 of 276 comments (clear)

  1. Was he really naive enough to expect otherwise? by crazyjj · · Score: 5, Insightful

    Jack B. Palmer first made a quiet complaint through internal channels at Infosys,

    Was he really naive enough to think that these were the actions of some rogue managers and that the company would be thrilled to have him put it all in writing? Did he expect them to send him a Thank You letter, beginning with "Thank you for putting this illegal activity, that we've been quietly doing for years under the table, into writing. We really appreciate that you've opened us up now to criminal liability and that your complaint will cost us a fortune. We're so glad that you did this instead of looking the other way and keeping your fucking mouth shut like everyone else in the company. Here's your bonus!"

    Dude, if you're going to be a whistleblower, accept that it means you have to burn that bridge. There is no going back across it and expecting everything to be the same afterwards. Being a whistleblower means making the right moral choice and then paying the price for it. Yeah that sucks--but what's new, huh? Jesus and Superman didn't fight the Romans and Lex Luther without expecting some backlash, you know.

    --
    What political party do you join when you don't like Bible-thumpers *or* hippies?
    1. Re:Was he really naive enough to expect otherwise? by mbstone · · Score: 4, Insightful

      "Thank you for putting this illegal activity, that we've been quietly doing for years under the table, into writing. We really appreciate that you've opened us up now to criminal liability and that your complaint will cost us a fortune. We're so glad that you did this instead of looking the other way and keeping your fucking mouth shut like everyone else in the company. Here's your bonus!"

      He had to write it. Otherwise he would sue, and their lawyers would say, "Heavens to Betsy, who knew? Why didn't you tell us?"

    2. Re:Was he really naive enough to expect otherwise? by rastilin · · Score: 4, Interesting

      Was he really naive enough to think that these were the actions of some rogue managers and that the company would be thrilled to have him put it all in writing? Did he expect them to send him a Thank You letter, beginning with "Thank you for putting this illegal activity, that we've been quietly doing for years under the table, into writing. We really appreciate that you've opened us up now to criminal liability and that your complaint will cost us a fortune. We're so glad that you did this instead of looking the other way and keeping your fucking mouth shut like everyone else in the company. Here's your bonus!"

      For one thing, no one's going to say "Yeah I expected they were totally going to shaft me for it because I always knew they were evil.".

      Personally I am surprised, there was still time for the company to go "my bad", pay a fine and just walk away. Once people start putting pressure on the whistleblower like they're in the mob or even something really stupid like death threats, the company has essentially made it impossible for themselves to back down. They're virtually guaranteeing that management will be criminally prosecuted and will probably go to jail for what will turn out to be a fairly small amount of money.

      --
      How do you kill that which has no life?
    3. Re:Was he really naive enough to expect otherwise? by jesseck · · Score: 4, Funny

      Jesus fighting the Romans??? ...

      The Roman Empire didn't fall on its own.

    4. Re:Was he really naive enough to expect otherwise? by Chris+Mattern · · Score: 5, Funny

      Apparently the Romans *and* Lex Luthor. Good thing he had Superman on his side. Must've been one helluva team-up.

    5. Re:Was he really naive enough to expect otherwise? by Bill,+Shooter+of+Bul · · Score: 5, Funny

      Neither did the British Empire, or the Incan empire, or the Japanese Empire, or the Russian Empire, or the Galactic empire. Man Jesus is awesome at killing empires!

      If you ever build something that might be called an empire, its probably safer to just call it a principality, lest Jesus kill it.

      --
      Well.. maybe. Or Maybe not. But Definitely not sort of.
    6. Re:Was he really naive enough to expect otherwise? by interval1066 · · Score: 5, Insightful

      He wasn't really a whistleblwer. The action he took is described as a "quiet internal memo". The story only blew after 17 months of the company screwing with him. They should have thanked him, at least told him they were working on the situation, and left him alone, If they had taken that action, we probably would have never heard of it. Now, they come out smelling like garbage, he has a hell of a lawsuit he can throw at them, and all becuase they wanted to act like babies when some one told THEM that they were screwing up. I don't think naivete has anything to do with this.

      --
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    7. Re:Was he really naive enough to expect otherwise? by crazyjj · · Score: 5, Informative

      Because putting it in writing in an formal internal complaint creates a paper trail that forces the company to either address it or face criminal liability. It's no longer an wink-wink-nudge-nudge, under the table thing. Now the company can no longer say they didn't know about it when the FBI comes calling.

      --
      What political party do you join when you don't like Bible-thumpers *or* hippies?
    8. Re:Was he really naive enough to expect otherwise? by cpu6502 · · Score: 3, Interesting

      Speaking of "whistleblowing" there's a law making the rounds through Congress that would make it illegal. If you are a government or corporate employee, you can only blow your whistle to internal "mediators". And if you get fired, you're not allowed to tell anyone why you were fired.

      I guess I shouldn't be surprised given Congresses' other recent actions (mandatory inurance purchase, the Protect IP Act, U.S.A. P.A.T.R.I.O.T. A.C.T., NDAA passage).

      --
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    9. Re:Was he really naive enough to expect otherwise? by crazyjj · · Score: 4, Funny

      Best issue of World's Finest ever.

      --
      What political party do you join when you don't like Bible-thumpers *or* hippies?
    10. Re:Was he really naive enough to expect otherwise? by Anonymous Coward · · Score: 5, Funny

      In the not so distant future, Superman's clash with Lex Luthor results in him retreating into a strange chamber. Before Superman's eyes, the world shifts, imagery of the America he knew is replaced with what looks to be ancient Roman stylings. With the aid of dissident Centurion Wayne, he is able to get the time-chamber working again and Superman is propelled to the ancient past. But not the past we know of, an ancient world where Roman rule is enforced by Lex Luthor's cunning and genious. In this strange alien past, Superman finds the only one who can help him right the timeline, Jesus.

    11. Re:Was he really naive enough to expect otherwise? by mydn · · Score: 2

      The only people Jesus fought were bankers. He whipped their ass!

    12. Re:Was he really naive enough to expect otherwise? by jellomizer · · Score: 3, Interesting

      A good portion of the world is Monotheistic, the majors religions that are not Monotheistic are not praying to Roman Gods.
      Jesus +1 Romans -1

      The reason why the Jewish people were really hoping for a Messiah to come was because their land has been taken over by Rome, and pressured to change religions to the Roman one. They didn't care much for it. Jesus came and according to Christianity and some sects of Judaism he was the Messiah however he didn't do it the way they thought so the Jewish people dishearten and basically had him killed.

      However most of Jesus teaching had a sharp tongue against the Priests who basically worked for the Romans and was allowed to be corrupted by them.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    13. Re:Was he really naive enough to expect otherwise? by jellomizer · · Score: 4, Funny

      Lex Luthor goes back in time to give the Romans Modern Technology, in exchange he will become Emperor. Superman flies back in time to join forces with Jesus to stop them.

      As Luther amazes the Romans with modern water purification systems Jesus turns it into wine where the Luther and the Romans get so drunk that allows Superman to catch Luther and destroy the advance technology.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    14. Re:Was he really naive enough to expect otherwise? by cpu6502 · · Score: 3, Insightful

      Carrying a gun doesn't make you a nutcase. Given how many get killed, raped, or assaulted, it is only logical to carry a gun or stunner.

      As for your claim that he's whining "hw has no real work to do" please provide a link. Otherwise I have to reject your claim as having no basis.

      I also have to reject your claim that he deserves death threats -- for what reason? Obeying the law??? I don't benerally listen to people who advocate law-breaking with falsified Visas. That makes you a criminal.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    15. Re:Was he really naive enough to expect otherwise? by K.+S.+Kyosuke · · Score: 4, Insightful

      So someone taped a death threat to his chair at work, and he's gotten a few crank phone calls. Big. Bloody. Deal. Get a dozen women in a room and you'll hear at least six have gone through a lot worse without ending up pointing guns at unarmed strangers.

      Hah. What an argument. Some women have gone through something worse, so a man has no right to feel physically safe. Right.

      --
      Ezekiel 23:20
    16. Re:Was he really naive enough to expect otherwise? by Tassach · · Score: 3, Insightful

      I also have to reject your claim that he deserves death threats -- for what reason? Obeying the law??? I don't benerally listen to people who advocate law-breaking with falsified Visas. That makes you a criminal.

      You could also argue that it was his duty to inform the higher-ups that their lawbreaking was obvious. You have a moral as well as a fiduciary duty to inform management of risks that could impact the business. If you know of a situation that could cost the company millions/billions in fines, civil judgements, and bad PR, and you *don't* report it, you're not doing your job.

      (AFIK) Under Sarbanes-Oxley, not reporting illegal activity to management could wind up costing *you* your freedom. A paper trail will cover your ass when the shit inevitably hits the fan.

      --
      Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
    17. Re:Was he really naive enough to expect otherwise? by Kreigaffe · · Score: 3, Informative

      They still only made things worse for themselves by mistreating this dude. Both legally over the visa fraud, and over their retaliatory actions against dudeman.. though I'd think the latter would be a civil matter.

      --
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    18. Re:Was he really naive enough to expect otherwise? by causality · · Score: 5, Insightful

      That pretty much sums it up.

      Nice "me too" but no, not entirely. There's a lesson here for other would-be whistleblowers.

      The lesson? Don't try to be a nice guy by going through channels, keeping it internal, identifying yourself, etc. Instead, quietly collect all the absolutely damning evidence you can gather, be certain that it names names, and then bring it straight to the authorities. If you can remain anonymous while doing that, like an informant, then so much the better.

      If this is how someone who raises a benign warning is going to be treated, then just fucking nail them as hard as you can. They are obviously unworthy of someone who wants to be amiable and play softball, as one would expect of the kind of sociopaths who create this situation in the first place. Instead of letting this frighten you into reluctant silence, just don't put the ball in their court to begin with as that's terrible strategy.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    19. Re:Was he really naive enough to expect otherwise? by PRMan · · Score: 2, Informative

      A good portion of the world is Monotheistic, the majors religions that are not Monotheistic are not praying to Roman Gods. Jesus +1 Romans -1

      False cause. Jesus died centuries before Christianity was anything more than a persecuted cult. If anything, the Roman emperor Constantine I was more directly involved with saving Christianity from total obscurity.

      Jesus died decades before Christianity was anything more than a persecuted cult. Ever hear of Nero?

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    20. Re:Was he really naive enough to expect otherwise? by mbstone · · Score: 5, Informative

      Actually there are two legal reasons to write the obviously futile letter to the company. The first is mitigation of damages: you have to give the wrongdoer the opportunity to stop the wrongdoing (and to stop running up the plaintiff's damages tab). The second is scienter; if they receive this letter and keep on with the wrongdoing even now, after they can be proved to have knowledge of it, this raises the inference that the wrongdoing is intentional (as opposed to merely negligent) and this could be the basis for a claim for punitive damages.

    21. Re:Was he really naive enough to expect otherwise? by cusco · · Score: 5, Insightful

      management will be criminally prosecuted

      Seriously? You apparently haven't been paying attention to world events for, oh, the last four decades or so. The only executives that ever go to jail are those who lose rich people's money. Tyson got caught, repeatedly, paying truckers $200/head to bring illegals from Mexico to work in their Arkansas chicken processing plants to avoid having to pay workers compensation claims (injured on the job? must be time to call Immigration!) Their penalty? A fine of about half the amount that they saved by abusing the mojados. IIRC, no one was even disciplined internally. Infosys won't even be banned from working US gov't contracts.

      --
      "Think about how stupid the average person is. Now, realise that half of them are dumber than that." - George Carlin
    22. Re:Was he really naive enough to expect otherwise? by laughingcoyote · · Score: 2

      The Roman Empire didn't fall on its own.

      No, but they never taught us it was brought down by zombies!

      --
      To fight the war on terror, stop being afraid.
    23. Re:Was he really naive enough to expect otherwise? by Anonymous Coward · · Score: 4, Interesting

      Its actually worse than you think.

      Why is John Corzine not in jail? He "lost" $600 million of investor money with no trace, yet there is a record of him transferring $200 million just days before it disappeared. Thats not the suprising part though. His firm had to comply with SOX regulations so money can't be transferred without someone's name being on it. In addition any lost investor money would be the sole responsibility, criminally as well, of the CEO who signed off on the SEC filings. They were apparently not SOX compliant. The BEST part of the story, Corzine was actually in the Senate when SOX was voted on and he voted yes.

      So you have someone who agreed with SOX rules, running an investment company not following the SOX rules, breaking the law, signing illegal statements, and he is not in jail. There isn't a more clear cut case of SOX violations possible and it was done by someone who agreed with SOX laws enough to vote on them.

      If they won't enforce the law on Corzine they should just drop it. Anyone in the future gets caught by it just brings up his case and the 14th Amendment and they should get off instantly.

    24. Re:Was he really naive enough to expect otherwise? by Anonymous Coward · · Score: 2, Interesting

      That pretty much sums it up.

      Still, it blows.

      I work at Infosys and have been for the past 9 years, I am no top brass, nor am I am manager, I am a developer. I am in the UK not in the US but I am in the firm. Now I am no big fan of Infosys, for me it gives me work i like and pays the bills I don't worship the founders nor do I bad mouth them. But one thing I can guarantee is that hounding and death threats from Infosys are not possible, I know of an Infosys that listens to its employees, it may not act on their issues but it _will_ listen. In my experience over the last 9 years, if you escalate bad behavior it is acted upon every single time. If an employee acts as a whistle blower he is protected. Infosys goes over the board with transparency in its dealings with employees, regulators and customers.
      Heck I have to tell clients of a mere possibility of a schedule slipping. Something that is routine is most IT projects (outsourced or not) but we do it.
      Infosys quarterly filings to the shareholders are some of the most comprehensive.
      Infosys' insistence on detail and procedural oversight in everything it does is thorough to an extent of being painful at times.
      I cant help but think this rabbit hole goes far deeper than what it seems and in both directions.
      I cant claim to know the in's and out's of this case and for all my statements here there may be a serious procedural flaw or a managers greed in saving a few bucks and getting work done on an unacceptable visa. But this is certainly not an endemic problem, if any thing this is a case of exception to the rule, that's my gut feeling.

    25. Re:Was he really naive enough to expect otherwise? by blackraven14250 · · Score: 2

      Jesus was the first to die once Christianity became a persecuted cult.

    26. Re:Was he really naive enough to expect otherwise? by couchslug · · Score: 2

      Jesus is Entropy? Cool!

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    27. Re:Was he really naive enough to expect otherwise? by Anonymous Coward · · Score: 2, Interesting

      I work for a company that uses Infosys' services in the UK and I've seen first hand how close to the line of immigration law Infosys like to play.

      My gut feeling is that this is not a one-off.

      That said, the Indian team members brought over by Infosys are hard working and well paid, and enjoy a standard of living in India that's far ahead of my own in the UK.

      Posted anon for reasons of commercial sensitivity.

    28. Re:Was he really naive enough to expect otherwise? by Omestes · · Score: 4, Insightful

      The "empire" of the United States is in the process of collapsing from internal corruption, entirely its own fault. How's that "hope and change" working out for you?

      If the American "empire" is falling, the causes stretch back long before Obama. I'd say that these problems were endemic when Obama hit office, and he is but a further symptom of them.

      I'd like to say Reagan was the start, but I'd be wrong, I'd say these things stretch back to, at least, Truman. Some of the seeds were probably existent since almost back to our founding.

      I'm not an Obama fan or apologist. I don't think we'd be any better off with any of the people who were running against him (even Ron Paul), and I don't think we'll be any better off with any of the people running against him now (even Ron Paul). The problems run deeper than just the president, or petty partisanship, or any single body of the government.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    29. Re:Was he really naive enough to expect otherwise? by freedom_india · · Score: 4, Informative

      As someone who hires Infosys as a vendor, i can say this with confidence: 1) Infosys Consultancy is a Brilliant organisation who can actually bring value to a client. 2) Infosys Delivery is a piece of shit that is like the useless two frontlegs of a T-Rex. Attention to detail? Infosys is paid to follow the rules of the company that hires it: not its own inane rules. Infosys tries to bill us for doing their work. Their approach has been : "When the weight of the paperwork equals that of the plane, it will fly". Worst of all, most paperwork is Infosys-own crap- and they try to bill us for producing their compliant stuff. 3) Schedule: slippage is common, even when Infosys tags a 40% buffer. 4) Unless you have a clear, contracted say in what resources they give you, timelines, etc., they will take you for a ride: Their consultancy wing will dazzle you and make you sign a fixed-bid blackbox contract. Then, their delivery wing will come in and negate everything that the consultancy told you. They will stuff their project with 90% freshers from the market. 5) Once i asked Infosys to give me an experienced Business Analyst to handle a business workshop with me. The person landed next day from India. He was a mainframe developer who was the only one available. When asked, the Infosys manager cooly said: "You said you needed an experienced BA. Well, he is experienced in mainframe and he is now a BA. Poof! " I was stunned. Infosys hires the top 99% percentile from the market and acts as such. Each developer, each project manager and each delivery manager is a prima-donna and has a "without us you would be dead" attitude. They get paid to manage their paymasters. Weird, isn't it?

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    30. Re:Was he really naive enough to expect otherwise? by sribe · · Score: 3, Interesting

      ...as one would expect of the kind of sociopaths who create this situation in the first place.

      Exactly. Unfortunately, I have found that there are a surprising number of nice, functional, competent and reasonably successful people in this world who have not encountered sociopathy directly and have no real clue how it works, and are completely shocked when they finally encounter a sociopath head on. Almost makes me glad I grew up with one in the house ;-)

  2. He still draws a check from Infosys? by KrazyDave · · Score: 5, Funny

    They should just outsource his job - true poetic justice.

    --
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    1. Re:He still draws a check from Infosys? by dgatwood · · Score: 4, Interesting

      The guy is still drawing a check, but doesn't have to work, and he's upset?

      It all comes down to whether you have a good work-life balance or you live to work and work to live. A lot of retirees have the same reaction to retirement. Going from having a list of things that you have to get done to not having one can be stressful for some people.

      For me, it would be awesome because I have so many tens of thousands of hours of backlog in my personal projects that I may never catch up as it is.... But if you don't have a wide range of outside creative interests, I could see how it could be very uncomfortable. It would be like starting your life over from scratch—a cold reboot of sorts.

      --

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    2. Re:He still draws a check from Infosys? by 19thNervousBreakdown · · Score: 2

      I don't know, it just seems really odd to me, to hold an employer responsible for your life and happiness at the level he's doing. Like, if you're going to hold them responsible for making you a happy, fulfilled person, how do you reconcile any sort of separation of work and personal life? I don't think it would even be morally right to tell a company they're responsible for my happiness in that kind of way and then say, "no, I don't want to spam links to the product on my personal blog" or "no, you cannot see my cellphone records".

      Hell, I think it's weird to even put that kind of responsibility on your spouse. Maybe I'm the weird one there, but I don't think so--I'm pretty sure that's at least some form of codependency.

      --
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    3. Re:He still draws a check from Infosys? by Barbara,+not+Barbie · · Score: 2, Interesting
      It's even worse - he has a duty to mitigate any long-term loss to his own income. So he can't just say, in the damages portion of his ongoing lawsuit, that when they finally get around to stopping his paycheck that he's going to lose future revenue for $x number of years down the line.

      He absolutely should be using the $1,800 a week they're paying him to prepare for a new career, or to set himself up to work independently, rather than complaining that he can't quit because ... wait for it ... they're paying him good money to do nothing but sit around his home.

      Instead, he's abusing anti-depression meds and traquilizers, boozing it up, and pointing guns at strangers.

      White trash about sums it up. "I can't try to do something else because then I'll lose my corporate 'welfare' check." Call me a whaaaamulance.

      --
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    4. Re:He still draws a check from Infosys? by cusco · · Score: 4, Interesting

      it just seems really odd to me, to hold an employer responsible for your life and happiness

      Unfortunately that's the case with an awful lot of executive types. The husband of my wife's co-worker came very close to suicide when the dot-com he worked at folded and he suddenly had no reason to live. He made her life miserable until he finally found another job that he could spend 90 hrs/week at. I knew a fellow years ago who barely noticed when he got divorced, since the primary focus in his life was his job. It's a sad, sick lifestyle.

      --
      "Think about how stupid the average person is. Now, realise that half of them are dumber than that." - George Carlin
  3. Re:Is anyone surprised they do this? by h4rr4r · · Score: 5, Insightful

    Of course, and that is why the punishments for these things have to make it not profitable. The simple way to do that is ban those people from ever coming back to the USA and fine the company millions. If the execs knew about it toss them in the clink.

  4. Guest Worker programs == pro-employer Fraud. by sethstorm · · Score: 5, Insightful

    "The New York Times has the sad story of Jack B. Palmer, an employee of Infosys, the giant Indian outsourcing firm. 17 months ago, Mr. Palmer made a quiet internal complaint that Infosys was committing visa fraud by bringing 'in Indian workers on short-term visitor visas, known as B-1, instead of longer-term temporary visas, known as H-1B, which are more costly and time-consuming to obtain.'

    Hopefully this is only the tip of the iceberg when it comes to more of these kinds of things.

    Since making his complaint, Mr. Palmer 'has been harassed by superiors and co-workers, sidelined with no work assignment, shut out of the company's computers, denied bonuses and hounded by death threats.'"

    Isn't that something called retaliation? People that have a vested interest in moving work offshore really hate it when there is evidence that you're doing it based on fraud - especially fraud that exposes them for being against US citizens.

    If Infosys willing to do everything against this guy, he sure must have something damning enough to warrant death threats.

    --
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    1. Re:Guest Worker programs == pro-employer Fraud. by JustSomeProgrammer · · Score: 2

      I got the impression that it was other employees that were in the states on the wrong visas and had built a life here that were sending death threats, not random exec who is looking to save money.

  5. Comment removed by account_deleted · · Score: 4, Insightful

    Comment removed based on user account deletion

  6. How are they doing it? by TheSpoom · · Score: 5, Interesting

    How are they getting around it? Are these workers completely undocumented? Are they lying at the border? Did they not fill out I-9s? Because if they filled out I-9s, and those were looked at by USCIS, this sort of thing would be picked up pretty goddamn quick.

    Given the amount that I've personally spent on legal immigration, this pisses me off a little bit. I'm not exactly surprised, but it seems to be yet another case where breaking the law as an individual would have adverse consequences (e.g. in this case, where one would be banned from the United States between three years and indefinitely, depending on the overstay) while breaking the same law as a corporation is completely overlooked.

    --
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    1. Re:How are they doing it? by cpu6502 · · Score: 3, Interesting

      >>>Given the amount that I've personally spent on legal immigration, this pisses me off a little bit.

      Most legal immigrants feel exactly the same. Oftentimes the legal immigrants are the strongest supporters of blocking the illegals from coming in.

      --
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    2. Re:How are they doing it? by 140Mandak262Jamuna · · Score: 5, Informative
      B-1 visas is the tourist visa. Typically you can stay in the country legally for some 4 months or 6 months once you enter. The duration is decided by the immigration officer depending on the purpose of the visit. Typically Indian seniors visiting their sons/daughters would ask for 4 or 6 months. Once you are in, you cant get a driver's license, you cant get a SSN, you are not supposed to work, you can't get a US pay through any US Bank. But if you actually show up for work with a jacket and a laptop and call yourself "contractor visiting from off shore site to provide close technical support" no one is going ask for the employment authorization. So you work, though you are not supposed to.

      Typically the visitor is employed in India and his/her Indian salary will continue to accrue in India. They give an expense account, which will be almost 40% of US salary. The workers usually live quite frugally and save it all and take it home. It is tax free in India because it is not really pay, just left over money in the expense account. Way back in 1980s when they offered such a deal to me, they were offering me 5000 Rs a month in India (twice the pay of a commissioned officer or as they call in India gazetted officer) and an expense account of $1800 a month. US starting salaries those days were around $36000 for an engineering undergrad.

      This has been going on for a long time. I know of people who came like on B1. I know people who applied for B-1, the embassy in India smelled a rat and got "banned from applying for USA for two years" stamped on their passports.

      Me, I came as F-1, struggled as PIGS (poor indian grad student) got H1-B then green card and then hurried to get my citizenship just in time to vote against Santorum in the senate election. woot!

      --
      sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    3. Re:How are they doing it? by Urban+Garlic · · Score: 2, Informative

      > Given the amount that I've personally spent on legal immigration, this pisses me off a little bit.

      You must have a nice, even temper. I'm also a legal immigrant to the US, and this stuff pisses me off a lot.

      I was an academic H1-B for a while, and got a pretty good view of the hoops that my host university had to go through to do it, so I understand about the hassle and expense referred to in the article. The consensus where I did this was that the regulatory burden was mostly due to the corporate history of cheating, and they resented it a fair amount, but they were also pretty much terrified of screwing it up, even accidentally, because this might jeopardize their numerous federal grants. They were very, very careful to comply with all the regs.

      If we could find a way to put that kind of fear into the corporate types, this problem would go away.

      --
      2*3*3*3*3*11*251
    4. Re:How are they doing it? by jpate · · Score: 2

      [citation needed]

    5. Re:How are they doing it? by quarterbuck · · Score: 2

      I believe the visa in question is the B1/B2 visa. The visa is issued as B1, B2 or B1/B2. If it is B1 alone, it is a tourist visa. B2 is a business visa. B1/B2 includes both, but i believe you have to declare at the port of entry what the purpose of the travel is.
      B2 is not a tourist visa, but allows a visitor to negotiate contracts etc.(do business, not necessarily work) while in US and being on a foreign payroll. http://en.wikipedia.org/wiki/B-2_visa#Uses_of_a_B1.2FB2_visa

      --
      http://slashdot.org/submission/1062723/Cheap-mobile-data-plan?art_pos=2
    6. Re:How are they doing it? by afgam28 · · Score: 2

      Actually it's the other way around; B1 is the business visa, and B2 is the tourist visa.

  7. Re:Is anyone surprised they do this? by h4rr4r · · Score: 2

    Execs hate them, timezone differences, outages of all kinds, in short they seem great but have a ton of drawbacks.

  8. Re:Gather evidence. by larry+bagina · · Score: 5, Funny

    I bet infosys is feeling stupid for outsourcing the death threats instead of using American IT workers to plant kiddy porn on his computer.

    --
    Do you even lift?

    These aren't the 'roids you're looking for.

  9. Re:Gather evidence. by h4rr4r · · Score: 2

    Why?
    He can easily get a job at a company that does not have any foreign workers or break other federal laws.

  10. Re:Is anyone surprised they do this? by rickb928 · · Score: 4, Informative

    Banning the exec from coming to the USA might also be a deterrent.

    Rounding up all the current visa holder documents and giving them a good once-over would be fun too. But don't stop at Infosys.

    Seriously, though, my bank rarely lets a withdrawal go by unnoticed, but our government can't keep track of work visas, much less tourists. Pathetic. No one in government or business as a dog in this fight - they all have reasons to avert their eyes from illegal immigration in all of its forms, work visas and H1whatevers included, and no less grievous than all the other forms.

    --
    deleting the extra space after periods so i can stay relevant, yeah.
  11. Re:Not news by cpu6502 · · Score: 5, Interesting

    "Classified" material that never should have been classified, but instead was trying to cover-up military blunders. Example: The whereabouts of the journalists who were killed. The military said "We don't know" to the poor family members, but they knew all along it was a friendly fire incident.

    Other examples: Covering-up the shootings of kids and torture of POWs. I'm glad Manning and other wikileaks persons are not "just following orders" while military/war crimes are being committed. We the People deserve to know what is actually happening.

    --
    My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
  12. Re:Gather evidence. by ZombieBraintrust · · Score: 4, Insightful

    They should feel stupid for hiring an American IT worker and placing him in a management position. An Indian dev lead would not have reported this.

  13. Not only costs by legont · · Score: 4, Interesting

    There is much bigger reason why companies don't want to obtain H1-B. While on work visa, it's relatively easy to find some other employer willing to take you on H1-B or even on adjustment of status to Green Card. On the other hand, somebody working on B1 can't look for another job at all - he can't claim experience because it is illegal. Makes nice slaves. It used to be popular in 90s, but in little shops.

    1. Re:Not only costs by legont · · Score: 2

      Perhaps, I did not make myself clear. Sure, you can be here on B1 and look for a job based on your *foreign* experience/education. But if asked about current job, you'd have so say unemployed, which would be a lie. You can't say you are working in the US on B1 as it will potentially make adjustment of status much more difficult. It's a catch 22 situation.

  14. Re:I'm having a hard time being sympathetic ... by Barbara,+not+Barbie · · Score: 2, Interesting

    Perhaps he thought they were above-board and honest in their proceedings.

    It doesn't change the fact that this guy is sitting at home being paid $90,000 a year (yes, I read the article) and whining about how he is going nuts because he doesn't have any real work to do.

    He deserves it - over the last 7 years his job put plenty of his fellow citizens in the same position, minus the pay-check. I'd have the same level of sympathy for a crack dealer who complains about someone selling them fake drugs. None. Zero. Nada. Zilch. Rien.

    He knew the details of the visas - that they were for people who were not supposed to be working in the country - and let's face it, he placed them anyway. So now he's going around with a gun strapped to his ankle (again, I read the story). He's in fear of his life and ready to blow people away (he drew down on a door-to-door salesman) because someone taped a print-out death threat to his office chair, and he's gotten a couple of crank phone calls?

    He must have led a really, *really* sheltered life. Even high school would have been too much.

    --
    Let's call it what it is, Anti-Social Media.
  15. Re:Not news by Quila · · Score: 2

    "Classified" material that never should have been classified

    Some things we look at and think that people should know, and we may be right. However, information is often classified not because the information itself could damage national security, but because its release could reveal the identity of valuable intelligence sources to the enemy or could have other consequences not in our interest.

    but instead was trying to cover-up military blunders.

    Much of it wasn't even related to military, such as the hundreds of thousands of State Department cables. The military could throw out charges based on anything that could even be remotely considered to be whistleblower material, and still have enough to send him away for life.

    We the People deserve to know what is actually happening.

    No, we don't. Imagine a leak resulting in a New York Times front page in 1943, "Allies Crack German Enigma Code Machine!" when the Germans thought it was secure in a practical sense through the end of the war. How many battles would we have lost? Maybe even the war.

  16. What's up with the title? by shutdown+-p+now · · Score: 4, Interesting

    The title says "H1-B visa fraud". But the fraud did not actually involve H1-B visas at all; it involved brining people in under B-1 ("business") visas - which do not permit working in U.S., but are for attending meetings, conferences and such - and then having them do actual work while in U.S. It is certainly a visa fraud, but its only relation to H1-B is that those people who were working have to be issued H1-B (or L-1, or one of several other types of visas permitting it) to work.

    Is that just shoddy writing, or a a cheap attempt to stir up the usual flamewar over H1-Bs "stealing our jobs"?

    1. Re:What's up with the title? by shutdown+-p+now · · Score: 2

      I'm not a legal expert, either. However, a while ago I was living and working in Canada, but on a team that was almost entirely located in U.S. (ah, the wonders of telecommuting...). Every now and then, I'd come in person to attend design meetings and such, which necessitated a B-1 visa. When I was briefed by our legal folk on visa issues, they repeatedly stressed the fact that I cannot write a single line of code or produce any other work-related artifacts while in U.S.; and when being interviewed by a CBP agent while crossing the border, I should never, ever use the word "work" in any context to describe my planned activities.

  17. As someone who dealt with Infosys' "deliverables" by Anonymous Coward · · Score: 2, Funny

    I can pretty confidently say any death threats can be outright ignored, as to threaten death would imply the ability to logically plan the act and then execute it properly.

  18. Re:Not news by Barbara,+not+Barbie · · Score: 3, Interesting

    Imagine a leak resulting in a New York Times front page in 1943, "Allies Crack German Enigma Code Machine!" when the Germans thought it was secure in a practical sense through the end of the war. How many battles would we have lost? Maybe even the war.

    Actually, what could have been done was to publish stories about the code being cracked well before it was. DIsinformation is a very effective wartime tool.

    From that point on, every failed plan would be attributed to the imaginary "they cracked the code!"

    And then when it was finally cracked, even if someone leaked the truth, they wouldn't be believed, because by then it would be "obvious" that the stories were just a plant designed to encourage FUD.

    Similar to how the brits published bogus accounts of german attacks (v1, v2) that caused high casualties when they missed their targets, to encourage them to keep missing ...

    --
    Let's call it what it is, Anti-Social Media.
  19. Re:Why did Palmer do it? by ahoffer0 · · Score: 2

    >whom did Palmer do a service by calling attention to the situation?

    Job-seekers with a legal right to work.

  20. Re:Is anyone surprised they do this? by cusco · · Score: 2

    This is deliberate, they can't track the visas because Congress won't allot the funds necessary to do the job. Newt Gingrich's moment of brilliance was when he realized that he didn't have to go to all the trouble to eliminate the EPA and IRS, just de-fund enforcement of the laws that his sponsors dislike. Did you know that the IRS is now required by a 1990s law to spend considerably more on searching for cheats on the Earned Income Tax Credit (a huge money loser) than on searching for corporate and millionaire tax evaders (a money maker)?

    --
    "Think about how stupid the average person is. Now, realise that half of them are dumber than that." - George Carlin
  21. And do you think Infosys is the ONLY one? by erroneus · · Score: 4, Interesting

    This is too much like a cockroach problem. Slashdotters have been complaining about these kinds of practices for a very long time. People need to befriend this whistle blower so he doesn't commit suicide or some violent crime. I get the feeling he was quite naive and believed he was doing "the right thing in the right way" and now he is paying the price with his physical and mental health. (If it was me, I'd be riding my bicycle and playing XBox games all day collecting a paycheck or finding other ways to enjoy the vacation... but maybe that's a stupid idea too for reasons I haven't yet considered.) I have dealt with some ugly situaitons in the past (though not quite as ugly as this) and I simply had to maintain my course and attitude through it all. I had to remember not to let "other parties" determine who I am and that I will not change who I am in response to anything anyone else does to me. I also had to keep my eyes on the horizon rather than focusing on "here and now."

    These companies like Infosys are scum. They want to play in the US market and make US dollars, but they don't want to play by US laws and are willing to commit criminal acts in the name of business. I hope people are imprisoned, deported and businesses get shut down. And before anyone makes claims about killing industries and all that nonsense, I just have to say it'll never happen. There is still a lot of money to be made in the software business even when playing by the rules and operating within the law. The only problem these fat, greedy, lazy Indian companies have is they don't want to SHARE the profits according to the law and according to any sense of fairness and respect.

  22. The only court that matters-public opinion by evanism · · Score: 4, Insightful

    Agreed. Take a baseball bat straigt to the head of these companies. Gather and release. Make it public and nuke them from space.

    All too often the most evil actions are created by big organisations. They all tend towards being sociopathic.

    --
    Just bought a new quantum computer, but I'm uncertain how it works.
  23. There should be a bounty system. by couchslug · · Score: 2

    There should be a bounty system for whistleblowers to go straight to the government.

    Companies who do these things are the enemy, not to be warned before being struck down.

    --
    "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."