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  • unitednations
    03-25 11:58 AM
    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.


    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."


    If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.

    Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.

    In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.

    USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.

    As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.




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  • Marphad
    01-09 11:36 AM
    Admin, I have responded to your message. Also please understand that it was my response to his PM using very harsh and abusive language.

    Its good we talk healthy now!




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  • dontcareanymore
    08-05 12:59 PM
    What i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).

    "Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.

    If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.

    I hope i have made my point clear? Thanks.

    And if you feel your esteemed queue is getting bigger you are more than welcome to leave this place.




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  • mariner5555
    04-12 10:20 PM
    For those of you who think housing will always go up and those that think it will back in few years..
    http://cosmos.bcst.yahoo.com/up/player/popup/?rn=3906861&cl=7322611&ch=4226720&src=news
    or for those who intend to buy 2 - 3 houses for investment. This is a superb link (since picture is worth more than thousand words). honestly speaking - the delay in GC has saved me (and people like me who wanted to wait for GC before buying a house). I had lot of pressure from my wife (because all her friends were buying) and I said only one thing once we get a GC we will buy. now her / mine friends are repenting because they brought houses far away from their work (and v.v. far from the city / airports). the price appreciation graph is so steep that one wonders - Why should I be a sucker and make profits for others by buying at the peak !!



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  • sanju
    12-17 04:32 PM
    I told you guys.. This site name should. Now

    This guy seems seems to be an agent of some other site that wants us all to track fake data of others GCs, instead of working to eliminate the problem. Is thats why he is always putting labels on this forum?


    .




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  • Madhuri
    04-05 08:12 PM
    Jang.Lee,
    I totally aggree with you. I am also from socal and a regular visior to irvinehousingblog.
    Currenly I am in apt and tired of living in apt, but I am definitely in no rush to buy and would probably find a good private home to rent.

    Please check your PM.

    I think you missed my point. I was not trying to connect the ARM reset schedule with write-offs at wall street firms. Instead, I was trying to point out that there will be increased number of foreclosures as those ARMs reset over the next 36 months.

    The next phase of the logic is: increased foreclosures will lead to increased inventory, which leads to lower prices, which leads to still more foreclosures and "walk aways" (people -citizens- who just dont want to pay the high mortgages any more since it is way cheaper to rent). This leads to still lower prices. Prices will likely stabilize when it is cheaper to buy vs. rent. Right now that calculus is inverted. In many bubble areas (both coasts, at a minimum) you would pay significantly more to buy than to rent (2X or more per month with a conventional mortgage in some good areas).

    On the whole, I will debate only on financial and rational points. I am not going to question someone's emotional position on "homeownership." It is too complicated to extract someone out of their strongly held beliefs about how it is better to pay your own mortgage than someone elses, etc. All that is hubris that is ingrained from 5+ years of abnormally strong rising prices.

    Let us say that you have two kids, age 2 and 5. The 5 year old is entering kindergarten next fall. You decide to buy in a good school district this year. Since your main decision was based on school choice, let us say that your investment horizon is 16 years (the year your 2 year old will finish high school at age 18).

    Let us further assume that you will buy a house at the price of $600,000 in Bergen County, with 20% down ($120,000) this summer. The terms of the loan are 30 year fixed, 5.75% APR. This loan payment alone is $2800 per month. On top of that you will be paying at least 1.5% of value in property taxes, around $9,000 per year, or around $750 per month. Insurance will cost you around $1500 - $2000 per year, or another $150 or so per month. So your total committed payments will be around $3,700 per month.

    You will pay for yard work (unless you are a do-it-yourself-er), and maintenance, and through the nose for utilities because a big house costs big to heat and cool. (Summers are OK, but desis want their houses warm enough in the winter for a lungi or veshti:))

    Let us assume further that in Bergen county, you can rent something bigger and more comfortable than your 1200 sq ft apartment from a private party for around $2000. So your rental cost to house payment ratio is around 1.8X (3700/2000).

    Let us say further that the market drops 30% conservatively (will likely be more), from today through bottom in 4 years. Your $600k house will be worth 30% less, i.e. $420,000. Your loan will still be worth around $450k. If you needed to sell at this point in time, with 6% selling cost, you will need to bring cash to closing as a seller i.e., you are screwed. At escrow, you will need to pay off the loan of $450k, and pay 6% closing costs, which means you need to bring $450k+$25k-$420k = $55,000 to closing.

    So you stand to lose:

    1. Your down payment of $120k
    2. Your cash at closing if you sell in 4 years: $55k
    3. Rental differential: 48 months X (3700 - 2000) = $81k

    Total potential loss: $250,000!!!

    This is not a "nightmare scenario" but a very real one. It is happenning right now in many parts of the country, and is just now hitting the more populated areas of the two coasts. There is still more to come.

    My 2 cents for you guys, desi bhais, please do what you need to do, but keep your eyes open. This time the downturn is very different from the business-investment related downturn that followed the dot com bust earlier this decade.



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  • ita
    07-14 11:24 AM
    Wll support campaign for EB3 . Please let this happen.
    Appreciate all the comments on how the initiative(s) won't work. But at the same time if they can in some way suggest what will work that will be great.
    I'm sure not doing anything will be not be a right thing .
    I do agree we have to make noice. Let's work on how to make effective noise.
    My thoughts are running on Letter/Call campaigns.
    Don't know anything about what should be done effectively.Else I would be posting it here.
    But for sure I'll support initiative(s) for EB3-I.

    Thank you.




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  • fide_champ
    03-23 05:04 AM
    Immigration uncertainties should not be a reason for not buying a house in the US. In my opinion it�s always best to buy a house considering it as a long term investment � You will eventually build equity even though the present US housing market is in doldrums.

    I played the housing game differently to minimize the risks associated with my present immigration scenario (I am on 8th year H1B with I140 pending since Oct 2006)...
    1) I did not buy an expensive place even though I could easily qualify for $500K mortgage.
    2) I put only 3% down payment on my mortgage instead of conventional 20%. It was a difficult decision to make due to PMI but I feel more secure with cash liquidity.

    I am an optimistic person but here is my realistic backup strategy if anything falls apart due to immigration (Worse case scenario) -

    1) Sell the house and move out of the US (Housing market conditions could be a determining factor)
    2) Rent the house (I don't think this should be a problem... LOCATION is the key)
    3) Go into Foreclosure (Highly unlikely but you are destined to be screwed anyways)

    Does anyone have a better backup plan? Please share here :)

    That's interesting. You paid only 3% and how much loan you took and what's your monthly payment?

    You guys are providing me with lots of encouragement. I very much appreciate your suggestions or inputs.



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  • unitednations
    07-19 02:07 PM
    It looks like this thread has really started to make peope think of the "status issues".

    A lot of people have sent me PM's to assist them. However; I can't take this off-line; therefore, please resist from sending me PM's.

    Reason I participated in this discussion was to highlight some of the things that people should think of and determine best courses of actions.

    attornies and the like are very busy doing their current work. There is a high chance that they may not do the proper due diligence or ask you the proper questions before they file.

    You all need to have a very thorough discussion with your attornies and take second opinions where necessary. I can tell you that depending on your attornies case load; how many phone calls they are taking; they may provide you advice that would suit their own needs (ie., get you off the phone the quickest and let them carry on with their normal duties).

    Unless the law changes; everyone will be stuck in retrogression for a long time. If UScis should pre-adudicate and deny 485's then you will lose the opportunity to re-file for quite some time.

    This is an important topic as this is what uscis mainly looks at in the 485 stage. I suggest people discuss it with their attornies and make sure you have every situation covered before you file the 485.




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  • bfadlia
    01-09 05:18 PM
    American Army was not hiding in World Trade Center and launching rockets on the civilians in Saudi from there. There was absolutely no target of military importance in WTC. Civilians got killed in Gaza because terrorist were hiding among them.

    Quit hiding among women and children and fight like man on battlefield.

    when you have two sides claiming two opposite stories, it is not reasonable to have one side be the defendant and the judge at the same time.
    The UN and International Red Cross who are on the ground there declared the Israeli claims of militants in the bombed civilian areas bogus.. foreign journalist might have confirmed that too (ah.. forgot that Israel banned foreign journalists from entering Gaza.. wonder why?)
    If we dismiss independent testimony just because the defendent says so, every criminal will go get a free hand.. plz let me hear ur logic for doing that



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  • chanduv23
    03-24 10:55 AM
    A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.

    There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.

    Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.

    Right now;

    VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?

    They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.

    It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.

    They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).

    USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.

    People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.

    UN - I don't think people who indulge in fraud or use wrong route, go to Senators or Congressmen - rather they want to stay unnoticed. Most people who lobby - lobby for a better system.

    No one is taking on or poking at USCIS.

    On another note - what is permanent job? There is absolutely no such thing called future job - ie job that will come into place after 5 or 10 years. A permanent job is a job which is permanent at the time of employment.

    When we talk about good faith employment - it is the relationship that exists during the terms of employment.

    While your analysis makes sense - we really never know what is happening behind the scenes.




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  • sc3
    07-14 12:18 PM
    Bear this in mind. We are not opposing because EB2 is getting the number, we are opposing because USCIS arbitrarily changed the law -- without any legislative approval. Remember, they changed the OPT rules and they are now facing lawsuit.

    You seem to be saying that we are petty in making our demands, and also suggestion (I have got personal comments) that we are causing a rift among the team. I say NO. We are not causing the rift. You did that, we are just highlighting our plight.



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  • Macaca
    03-27 08:14 AM
    Lobbying Is Lucrative. Sometimes Very, Very Lucrative (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/26/AR2007032602027.html), By Jeffrey H. Birnbaum, Tuesday, March 27, 2007

    Lobbyists, as they say, make the big bucks. That's why so many lawmakers, congressional staffers and political appointees move downtown when they leave government.

    So just how lucrative is it? Well, pretty lucrative. According to new data from the Center for Responsive Politics, 22 clients paid $1 million or more in lobby fees to individual lobbying firms last year.

    Three of the biggest payments went to the usual suspects: Patton Boggs, Hogan & Hartson and DLA Piper -- all major law firms. But two of the top five recipients were small shops you have probably never heard of: Canfield & Associates and New Frontiers Communications Consulting.




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  • sayantan76
    01-11 03:48 PM
    I don�t agree with your argument. Who is holing up the innocents..? Hamas using the kids and civilians as human shield. I also don�t consider the civilians as innocent there. They are whole heartedly support and elected Hamas -the terror organization. They are the one poisoning the kids with hatred. But I feel very sorry for the kids and the developments are very much disturbing.

    The Hamas, Hezbollah, Iran and Syria � the devil�s club will never achieve their goal � wipe out ISREAL from the map. ISREAL is IS REAL and this mullahs needs to understand that.
    we should be careful here - there is a thin line between terrorism and legitimate freedom struggle....also - the classification may very well vary based on which prism are you looking through.....for example - Bhagat Singh and the likes were considered terrorists by occupying British colonial power but were considered revolutionaries and freedom fighters by the Indian masses.....how can we say that the Indian Freedom Struggle was any more just and legitimate than the Palestinian desire for self governance...

    Another example - were the Mughal rulers in medieval India an occupying invader or were they populist rules loved by the masses? Based on how you answer this question - Chatrapati Shivaji either becomes a glorious Maratha freedom fighter or a terrorist leader....

    On the current situation - Hamas fighters live in a densely populated area....so of course - there are civilians there - what do you expect - Hamas would say - Israel is coming to fight us - lets find some sort of Panipat (check battles of panipat on wikipedia for those who dont know) or Kurukshetra (check Mahabharata on wikipedia) where we can fight Israelies in a vast unpopulated area - Israel is the invading army here - they have chosen to fight in densely populated areas - Hamas is merely responding....

    One of the newspapers today suggested that Hamas has booby trapped Gaza and thats causing problems for Israeli army and somehow Hamas is wrong in doing so - guys what do you expect - Israelis would be welcomed with garlands in Gaza? If some armed enemies were attacking your home and you knew you did not have the might to directly face them - wont you try every underhand tactic in the book to cause as much damage to the enemy as possible?

    While I am no supporter of Hamas or religious extremism - i think its important to study the Palestinian/Israel issue as an ethnic problem as opposed to a religious issue.... - holocaust was a terrible thing to happen but just because of the collective Western guilt conscience (of having done nothing to prevent Holocaust)- the Palestinian/ Israeli dispute has never been judged objectively and one side has always been given a long rope while the other has gotten the short end of the stick.



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  • gc4me
    12-17 03:57 PM
    Is it 200 not 2000 :D

    People like Antulay are real traitors of India. Who know they may be taking instructions from Pakistan ISI? Such people go unpunish is the main reason India was slave for 2000 years.




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  • jonty_11
    07-09 02:12 PM
    You already have I-94 valid until 11/11/2209.

    Just to verify, are the numbers same on both I-94s (8/11/2007, 11/11/2009)? If so, you are ok. Staple the new I-94 in the passport along with the old one.


    ______________________
    Not a legal advice.
    Ah!! I see.....I do have the same i94 number on both the I-94s



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  • GCKaMaara
    12-17 05:14 PM
    the mumbai incident was a terrible one. the guilty must be punished to the fullest extent, be it people from any background doing it in the name of religion.

    In the same way the people in this forum should have been angry/troubled over the killings in orissa where innocent christians were beaten, raped, killed, burned alive, home destroyed and chased from the homes to the jungles just because of their faith. this sort of crimes against christians is taking place throughout many parts of India. I am sure this will not go unpunished on the people who did/do these terrible things. the punishment may be delayed, but I am 100% sure it's going to be devastating on the people. mark my words. 'Coz I believe there is a God above, who watches and at the appointed time the punishment will come.

    But the bible also says that God is forgiving. The Bible says the following:
    "If we confess our sins, God is faithful and just to forgive us our sins and to cleanse us from all unrighteousness." (1 John; chap 1 verse 9)

    Also it says in the book of John (chapter 3 verse 16):
    "For God so loved the world (mankind) that he gave his son Jesus Christ to die as a sacrifice (for the sins of mankind), that whoever believes in Him (and repent), shall not perish but have eternal life".

    Any innocent killed must be stopped. My faith is any person who does it or supports it must and will be punished by God.




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  • svn
    03-31 07:27 PM
    USCIS seems to be making a coordinated attempt to preadjudicate in order to avoid future backlogs (to achieve their metrics on processing times). See thread on Processing Time Targets they have set for themselves: http://immigrationvoice.org/forum/showthread.php?t=24747




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  • django.stone
    09-26 07:03 PM
    I agree with 485Mbe4001 and many other folks on this thread that have talked about the results of Obama victory - USA would face socialist policies and personally our GCs could be affected by protectionist agenda. I have never understood why Indians (even 2nd generation) by default support Democrats, when all the values and rational reasons point us towards Republicans. I am libertarian in my views and a staunch supporter of republicans.

    Reasons for Indians to support Democrats -

    1. Generally religion neutral and not influenced by christian right wing
    2. Generally tolerant of people from other cultures rather than being a party of white folks run by white men
    3. Tendency to help human/environment suffering
    4. Afraid of military draft that could recruit our kids

    Reasons for Indians to support Republicans -

    1. Supportive of outsourcing which is one of the many reasons our home country is flourishing these days
    2. Supportive of entrepreneurship, which many if not all Indians plan to pursue at some point in their life time in USA
    3. Lower taxes so you can spend your money rather than have govt spend it for you in things you don't need (such as bear research in Montana for $3MM)
    4. Privatize social security so you can keep you own contributions rather than throw it into the common pool. Let me explain this a bit here. Indians contribute to SS all their life until 65, but never get to enjoy it as rarely we live past 65. Life expectancy of Indian women is around 60 and men is around 55, rarely we live up to 75+ like Caucasians. What happens to the money we contribute to the common pot? It is enjoyed by somebody else, if we had private accounts, you can retire around 55 and enjoy your contribution till you live.
    5. Family values of Indians very much like the value system of middle-america's republican base - religious, hard working, humility, respect for elders, american dream of owning a 3bed-2bath house with a yard, cul-de-sac and basketball etc.
    6. Aligned with Indian govt's views on fighting terrorism
    7. Allow your kid to go to private school of your choice with your tax dollars, rather than force you to send your kid to public school in your area

    Immigration

    Now coming to the issue on hand, overall roughly 60% to 80% of americans do not want any kind of immigration (check wikipedia). That is the unfortunate truth! We should all be lucky to be here due to generally business friendly laws that allows for H1B visas and EB GCs for skilled labor. If left to public, immigration would be banned. Hence, I believe both parties use this as a posturing issue during elections to their favor. khodalmd in the previous thread explained the breakdown of republicans/democrats accurately. Logically speaking, republicans can be convinced about its need to sustain economy and generate taxes as more baby boomers retire, but this logic is these days trumped by mix up with illegals.

    If Obama wins, economy/stock market would tank, more jobs would be outsourced. My fear is that during those times, any kind of immigration law would not pass. If god forbid, layoffs start to roll, then many of us may have to start from scratch, hence I call it perfect storm.




    seattleGC
    05-16 05:18 PM
    That's called pandering. To unions like IEEE and hispanic vote base. These ppl don't have any interest in America's competitiveness or interests of people at large rather work in the interests of their party and their re-election.

    But I am suprised at the attitudes of some forums members who want to screw the ppl behind us.
    Anyway I agree, we should be worried about delays to i-485 processing if 11 million ppl are added to USCIS queue.


    I know where Senator Durbin stands on illegal immigration issue , he is totally for amnesty/legalization of illegal/undocumented people in the country. According to him its ok if someone is totally undocumented and stays here but its not ok if someone does consulting and documented and pays taxes while working and waiting for the green card to be approved. Isn't it height of hypocrosy?

    Where do people like mbdriver and senthil stand on the issue of legalization/amnesty for illegal/undocumented people in the country? If the legalization were to happen these are the kind of people who complain saying illegal aliens have slowed down our green card petetions. If legalization were to happen processing of every petetion at USCIS will slow down considerably. I will not surprised if 485 takes 4.85 years or 48.5 years or 485 years ...:)

    Which one is a bigger problem 12 to 15 million people totally undocumented or perceived misuse of visa petetions by few bad apples.




    Macaca
    12-27 06:27 PM
    A Who's Who of Indian sleaze
    Leaks of tapped phone conversations reveal how corruption propels India's booming economy (http://www.guardian.co.uk/commentisfree/2010/dec/26/india-sleaze-corruption-economy)
    By Praful Bidwai | The Guardian

    The leak of hundreds of nearly 6,000 tapped telephone conversations between corporate lobbyist and British citizen Niira Radia and many of India's politicians, businessmen, bureaucrats and journalists has shocked the country. The tapes reveal the lobbying to assign the telecommunications portfolio to the politician A Raja, who sold mobile telephone licences at throwaway prices to favour particular companies, at an estimated loss of $12bn to $38bn to the exchequer � the highest-ever figure for an Indian corruption scandal.

    Even more important, though, are the corporate lobbyists' attempts to influence government policies in a host of areas; to rig cabinet appointments; and to plant stories with high-profile journalists in which support for parochial business interests would be dressed up as "the national interest".

    The tapes' dramatis personae read like a Who's Who of India, but despite the personalities involved attention is now turning to the larger story � the influence of business over politics, and lobbyists' intrusion into policy-making on scarce natural resources, licensing of industries, and "regulatory capture". Suddenly, the inner workings of government, the compromised roles of high officials and the limitless venality of businessmen stand exposed to the harsh light of public scrutiny.

    The Radia tapes are the tip of the iceberg. They shock because they provide the clinching evidence for a few of the many recent scandals, including the astronomical corruption in contracts for the Commonwealth Games; mining and metallurgical projects that blatantly violate environmental regulations; corporate land grabs in the guise of export promotion zones; the razing of virgin tropical rainforest to make way for opulent housing; and the ripping up of mountain ranges to build dams.

    Scandals and corruption are not new to India. Businessmen have long milked the exchequer through tax breaks, rigged licensing procedures and fraud. What is new is the neoliberal policy context, the quality and intimacy of business-politician-bureaucrat collusion bordering on a corporate takeover of government, and the growing plunder of public money. The thinktank Global Financial Integrity estimates that rich Indians have spirited abroad the equivalent of half of India's GDP over six decades. Illicit flows have greatly increased since the economy was liberalised in 1991. The notorious (often exaggerated) excesses of the "licence-permit raj" of the 1960s and 1970s pale beside the new crony-capitalism.

    Sleaze is integral to India's growth, and one of its main drivers. The growth is skewed. Agriculture has stagnated, per capita food consumption has fallen, 200,000 indebted farmers have committed suicide. Industry has grown sluggishly and only forms about one-fourth of GDP. But services have boomed. The highest growth sectors are property, construction, telecoms and road transport � not IT. Capital accumulates through the privatisation of natural resources and dispossession of whole communities. In all these sectors, and in mining and metallurgical production, what counts is privileged access to natural resources and the national commons, most critically land, which is at the core of the government's discretionary powers.

    "Liberalisation" has recast discretionary powers and allowed a new business-politics relationship to develop. Behind each of India's new billionaires is political patronage. Here lies the underbelly of India's growth: using crony-capitalist influence to corner mining leases, property development rights, construction permits and airwaves. It is not the free market, but manipulation and distortion, that propels growth.

    One part of the seamy side of India's growth is well-known: persistent poverty, social bondage and economic servitude. The Radia tapes highlight another: sleaze and collusive business-politics relations that mock transparency, accountability, democratic policy-making and the public interest.



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