chi_shark
10-02 12:01 PM
i am in the 3.a. situation. what does part time mean? can you really be working part time when you are a CEO, CFO, COO, CMO of a company? not that i am raising this questions... I want to continue to be in the 3.a. situation, but can the IO ask these questions? if i make revenue of $20000 (twenty thou) and profit of $2000 a year will that be considered enough for IO to think that my intention is to switch to my company after green card and hence no intention of continuing permanent employment? or is that number higher (or lower)...
I want to become a believer in your 3.a. statement... please let me know what you think.
From what I can gather, from the immigration perspective:
1. If you are on H1 - You can technically start a business but since you cannot "work" towards it, in practice it's almost impossible
2. If you are on H1 and have an EAD - You can start a business. But if you use your EAD, you are no longer on H1. (There are contradicting views on using EAD for PT while still maintaining H1. For now, this is a grey area)
3. If you are on EAD -
a. If you plan to work on your business on a part time basis and stay with your sponsored job full time, I don't see a problem with this.
b. If you plan to work on your business full time, you might have an issue with a RFE at the I-485 stage as you would have used AC21 for self employment (Some people say this is okay, but it depends on your risk taking ability)
Thoughts?
I want to become a believer in your 3.a. statement... please let me know what you think.
From what I can gather, from the immigration perspective:
1. If you are on H1 - You can technically start a business but since you cannot "work" towards it, in practice it's almost impossible
2. If you are on H1 and have an EAD - You can start a business. But if you use your EAD, you are no longer on H1. (There are contradicting views on using EAD for PT while still maintaining H1. For now, this is a grey area)
3. If you are on EAD -
a. If you plan to work on your business on a part time basis and stay with your sponsored job full time, I don't see a problem with this.
b. If you plan to work on your business full time, you might have an issue with a RFE at the I-485 stage as you would have used AC21 for self employment (Some people say this is okay, but it depends on your risk taking ability)
Thoughts?
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jonty_11
06-28 12:26 PM
makes sense...they are expecting alot of 140/485 combine filings in July and by issuing this bulletin they have stopped people from filing 140 in PP
GCwaitforever
10-16 05:05 PM
Unpaid leave under pregnancy is very much a valid reason to stop working and taking a break. In my company, some H-1B women took maternity leave.
Even if the act does not apply to your company, your employer can grant the leave at his/her discretion.
Even if the act does not apply to your company, your employer can grant the leave at his/her discretion.
2011 paint colors from Valspar:
anilsal
11-02 09:16 AM
Less than a month ago, I got mine renewed in IL(it expires in a year). Why take a chance with all the new policies?
I got mine renewed. The lady at the counter asked the following questions:
a) Are you a registered voter?
b) Are you a US citizen?
Done.
Got it till 2011.
I got mine renewed. The lady at the counter asked the following questions:
a) Are you a registered voter?
b) Are you a US citizen?
Done.
Got it till 2011.
more...
GCVictim
08-20 10:36 AM
Is there anyone who went out of US with old AP and returned with new (renewed) AP?
Please share your experience.
Thanks.
Please share your experience.
Thanks.
belmontboy
02-15 12:09 PM
FYI majority of Desi companies follow the rules as stipulated by US laws. There definitely are abuses in any law. Do you think all wallstreet firms played by rules in this financial mess.
If there are abuses that should be enforced. No doubt about it.
Please stop generalizing from these incidents. There are good majority of IV folks who work for good consulting companies.
If you don't want IV to be reduced to an organization of couple of hundred members, please stop generalizing. After all that is what anti-immigrants are doing.
Don't kill IV with your immature perspective.
Dude, just because you don't see the word "some" in my post, don't tell me that i am generalizing.
I do make a clear distinction between good players and bad apples. If you cannot understand, let me know I will put it in simple words!!! Doh!!!
If there are abuses that should be enforced. No doubt about it.
Please stop generalizing from these incidents. There are good majority of IV folks who work for good consulting companies.
If you don't want IV to be reduced to an organization of couple of hundred members, please stop generalizing. After all that is what anti-immigrants are doing.
Don't kill IV with your immature perspective.
Dude, just because you don't see the word "some" in my post, don't tell me that i am generalizing.
I do make a clear distinction between good players and bad apples. If you cannot understand, let me know I will put it in simple words!!! Doh!!!
more...
jsb
08-03 04:27 PM
What makes people think that USCIS has preadjudicated cases in the order of priority date. If they have preadjudicated cases from 2005,2006 and left the cases from 2003 -2004 then it is the same mess an d i can bet that knowing USCIS chance of this are very very high so even if your date gets current it is still luck whether you get GC ornot.
EB2 - I
PD: Jul 2004
While everything appears at USCIS to work randomly, but there is some order. They claim, and also follow, that they process application in order they receive. "Process" means to open a case the first time, and order they "receive" means when a center enters a case data in the system (this date is close to ND). Until this point, PD has no role to play. Described processes work well for non-retrogressed cases (for countries other than India, China, etc.). If a case is opened, and its all in order to clear except the visa availability, it is called preadjudication. Procedures described (see link below, although they may have changed since), state that once case is preadjudicated, they should be ordered in PD sequence for further work.
http://www.ilw.com/seminars/august2002_citation2b.pdf
Of course, if there is nothing preadjudicated, cases will go in sequence of "received date", which is close to ND, as PD is not even recorded in the system anywhere until a case file is opened.
EB2 - I
PD: Jul 2004
While everything appears at USCIS to work randomly, but there is some order. They claim, and also follow, that they process application in order they receive. "Process" means to open a case the first time, and order they "receive" means when a center enters a case data in the system (this date is close to ND). Until this point, PD has no role to play. Described processes work well for non-retrogressed cases (for countries other than India, China, etc.). If a case is opened, and its all in order to clear except the visa availability, it is called preadjudication. Procedures described (see link below, although they may have changed since), state that once case is preadjudicated, they should be ordered in PD sequence for further work.
http://www.ilw.com/seminars/august2002_citation2b.pdf
Of course, if there is nothing preadjudicated, cases will go in sequence of "received date", which is close to ND, as PD is not even recorded in the system anywhere until a case file is opened.
2010 I heard about Valspar offering
kaisersose
07-09 11:29 AM
I am trying to understand something here..... I had consultation with murthy lawyers and they told me that there is no law written anywhere that states that the employer must revoke I-140 if the employees is laid-off or is not working with them anymore. I was laid off and my company is determined to revoke I-140 because thats what Fragomen lawyers suggest. I am having a hard time understanding why would they want to cause problems for me when I am not even leaving on my own and got affected because of layoff.
Does anyone use Fragomen and could ask their attorneys this question whether a company is required or obligated by law to revoke I-140. That way I can try to convince my company's attorney that another attorney within same law firm have different opinion
Everyone who changes jobs under the protection of AC21, must do so under the assumption that the sponsoring 140 will be revoked.
It is not a matter of our convenience. If you quit the sponsoring employer and he has no intention of hiring you again after your GC, then what is the sense in him retaining your 140 for no reason? It only adds complexity to some employers as dangling 140s are counted to evaluate their ability to pay. So even if it is not law, it makes sense for employers to revoke 140s of employees who quit them.
AC21 protects you from such a revoked 140. We have seen some cases where revoking the 140 - even after the 180 day mark - has resulted in 485 denial. This is a mistake from CIS and is easily fixed.
Expecting the previous employer to hold on to your 140 is not very different from expecting him to keep your you previous job open for you - just in case.
Does anyone use Fragomen and could ask their attorneys this question whether a company is required or obligated by law to revoke I-140. That way I can try to convince my company's attorney that another attorney within same law firm have different opinion
Everyone who changes jobs under the protection of AC21, must do so under the assumption that the sponsoring 140 will be revoked.
It is not a matter of our convenience. If you quit the sponsoring employer and he has no intention of hiring you again after your GC, then what is the sense in him retaining your 140 for no reason? It only adds complexity to some employers as dangling 140s are counted to evaluate their ability to pay. So even if it is not law, it makes sense for employers to revoke 140s of employees who quit them.
AC21 protects you from such a revoked 140. We have seen some cases where revoking the 140 - even after the 180 day mark - has resulted in 485 denial. This is a mistake from CIS and is easily fixed.
Expecting the previous employer to hold on to your 140 is not very different from expecting him to keep your you previous job open for you - just in case.
more...
24fps
02-15 08:04 PM
No, it wasn't. The 1999 quota was exhausted in April 1999. Granted this is better than the situation today, but not by much as the quota was larger that year and the economy was smaller.
http://www.murthy.com/arc_news/a_h1quot.html
well i meant pre y2k , april 2009 was the year that indians were bought in for y2k
i have a friend who got an h1b approved in 97 in the last week of aug
They said the results are statistically significant, which means that you can extrapolate to draw conclusions about the entire H1 population.
well i dont know if they actually said that or its your own conclusions but eitherways i do know that most of the peepz working with bodyshoppers have souped resume's or have some shit going on .
when my bro got here to do his masters in 2005 , the masters quota was availble till about july
in about 2 years it became a lottery without the number of student intake doubling/trembling up to make it one
they were body-shoppers running multiple petitions on students through a well run fraud circuit which artificially created a shortage
Not really. They used one example of someone working in a gas station for shock effect. The main complaint from the anti-immigrant side about the report was not that the 20% rate was understated, but that the rate would have been higher if it had included anyone paying a Level 1 wage as well.
again i dont know if thats what the anti-immi's complain about or if thats your own conclusion but the fact is that they're racist and will always have something to cloak around and raise as an issue
but the fact of the matter is that when any fraud is unearthed with connections to the highly skilled worker , the whole "Brand equity" gets badly tarnished , it not only gives the Anti -Immi's more fuel but also sways public opinion in all quadrants
you cant separate the Anti-immi jingoism and the fraud committed through those Desi bodyshoppers ,
http://www.murthy.com/arc_news/a_h1quot.html
well i meant pre y2k , april 2009 was the year that indians were bought in for y2k
i have a friend who got an h1b approved in 97 in the last week of aug
They said the results are statistically significant, which means that you can extrapolate to draw conclusions about the entire H1 population.
well i dont know if they actually said that or its your own conclusions but eitherways i do know that most of the peepz working with bodyshoppers have souped resume's or have some shit going on .
when my bro got here to do his masters in 2005 , the masters quota was availble till about july
in about 2 years it became a lottery without the number of student intake doubling/trembling up to make it one
they were body-shoppers running multiple petitions on students through a well run fraud circuit which artificially created a shortage
Not really. They used one example of someone working in a gas station for shock effect. The main complaint from the anti-immigrant side about the report was not that the 20% rate was understated, but that the rate would have been higher if it had included anyone paying a Level 1 wage as well.
again i dont know if thats what the anti-immi's complain about or if thats your own conclusion but the fact is that they're racist and will always have something to cloak around and raise as an issue
but the fact of the matter is that when any fraud is unearthed with connections to the highly skilled worker , the whole "Brand equity" gets badly tarnished , it not only gives the Anti -Immi's more fuel but also sways public opinion in all quadrants
you cant separate the Anti-immi jingoism and the fraud committed through those Desi bodyshoppers ,
hair used were from Valspar:
pappu
06-12 01:49 PM
kumarc123 I merged your thread + created a redirect with this one because of duplicate post and same discussion on your post in 2 places.
Will respond to your other post soon. Pls look at us as people like you rather than venting against us for everything.
Will respond to your other post soon. Pls look at us as people like you rather than venting against us for everything.
more...
sk082671
01-21 10:38 PM
hi guys,
I am new to this forum, i would like to contribute , can someone tell me what is the procedure.
thanks
SK082671
I am new to this forum, i would like to contribute , can someone tell me what is the procedure.
thanks
SK082671
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vinodp1978
06-28 02:00 PM
According to this from Murthy:
Generally, one may apply for an interim EAD card, if the EAD application has been pending more than 90 days if there is not an unanswered Request for Evidence (RFE) on an I-140, I-485, or I-765 that is pending with the USCIS for the applicant. The interim EAD may be obtained at a local USCIS office. To obtain an interim EAD, two USCIS-specified photographs and the 485 and EAD receipt notices are needed.
Generally, one may apply for an interim EAD card, if the EAD application has been pending more than 90 days if there is not an unanswered Request for Evidence (RFE) on an I-140, I-485, or I-765 that is pending with the USCIS for the applicant. The interim EAD may be obtained at a local USCIS office. To obtain an interim EAD, two USCIS-specified photographs and the 485 and EAD receipt notices are needed.
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styrum
02-08 01:10 PM
it is the experience after the MS that counts.
PS: Also, if someone takes 4 yrs to do MS when it should not (exceptions health-related gaps) take more than 2 to 2+1/2 yrs, red flags may arise.
No, they count MS REQUIREMENT FOR POSITION as 4 yrs toward total SVP time according to that doc link I posted. These 4 yrs include 2 for BS plus 2 additional for MS. It is how they count. Nobody knows or cares how long it actually took you to get MS.
PS: Also, if someone takes 4 yrs to do MS when it should not (exceptions health-related gaps) take more than 2 to 2+1/2 yrs, red flags may arise.
No, they count MS REQUIREMENT FOR POSITION as 4 yrs toward total SVP time according to that doc link I posted. These 4 yrs include 2 for BS plus 2 additional for MS. It is how they count. Nobody knows or cares how long it actually took you to get MS.
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pappu
10-12 02:29 PM
what a great resource - wonder why you did not post this before.
all local media will be flooded with my emails :)
Thanks nycgal369
This resource and other resources were listed in the thread http://immigrationvoice.org/forum/showthread.php?t=694&page=6
'ideas to increase publicity' but only few members took active interest and participated.
Now that we have you, i am sure you would help in this effort by sending out emails yourself and also other members can join you to contact media. I wish we can all send multiple emails to every newspaper, every tv station and radio station in this country and apprise them of our cause. such letters urging news orgs to cover our issue will help us get much needed media attention and then something will DEFNITELY happen in the coming months.
all local media will be flooded with my emails :)
Thanks nycgal369
This resource and other resources were listed in the thread http://immigrationvoice.org/forum/showthread.php?t=694&page=6
'ideas to increase publicity' but only few members took active interest and participated.
Now that we have you, i am sure you would help in this effort by sending out emails yourself and also other members can join you to contact media. I wish we can all send multiple emails to every newspaper, every tv station and radio station in this country and apprise them of our cause. such letters urging news orgs to cover our issue will help us get much needed media attention and then something will DEFNITELY happen in the coming months.
more...
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javadeveloper
12-31 04:22 PM
You are absolutely right, It�s nature and as you said and I quote �nature created nature which is created by nature and so on...�
And for some people to which you call �nature� they call it �God�
Just different terminology, they do the prayer of nature (for some its God) and they never judge the acts of nature (God).
I feel comfortable with these words "Nature Bless everyone" ,Not with the words like "God Bless everyone".
May be As a Hindu I'll start visualizing Shiva/Vishnu/brahma/Rama/Krishna etc.. when someone says "GOD" .For Christians they may start visualizing Jesus and Allah for Muslims.
And for some people to which you call �nature� they call it �God�
Just different terminology, they do the prayer of nature (for some its God) and they never judge the acts of nature (God).
I feel comfortable with these words "Nature Bless everyone" ,Not with the words like "God Bless everyone".
May be As a Hindu I'll start visualizing Shiva/Vishnu/brahma/Rama/Krishna etc.. when someone says "GOD" .For Christians they may start visualizing Jesus and Allah for Muslims.
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sayantan76
09-22 09:54 AM
First it wasn't 1000, we had over 2000 people registered and many joined after or did not register. So please don't say 1000, it is extremely painful for everyone who attended to be considered as "not counted".
1. Politically having a rally in D.C makes it more visible for all the law makers there. Laws/amendments and all the political activity happens there. Rallies else where would make it to one or two news cycle but won't be remembered after wards.
2. Meeting lawmakers, staff from various constituents wrapped around an event like a rally helps a lot in getting the message across. It raises a lot of awareness.
3. I would have agreed with you that numbers like 100,000 matters, but after being there and seeing the amazing capabilities of IV to organize meetings and having members meet over 100+ meetings with law makers, staff, talking to to them, sharing personal stories, advertisement and media campaigns around D.C has convinced me that it has and will make a difference! Personally for me, it was an eye opener on how the system works and I totally understood exactly why IV leaders set it up this way just by being around and them for a few days!
First it wasn't 1000, we had over 2000 people registered and many joined after or did not register. So please don't say 1000, it is extremely painful for everyone who attended to be considered as "not counted".
Agreed - but as far as the larger public is concerned......if washington post, a local dc mainstream newspaper, says it was 1,000 - the number in public mind is 1,000 (though 10,000 might have participated.....and when lawmakers set their priorities - all they are concerned about is ........
ok - 1,000 folks (none of them voters) are asking me for a comprehensive employment based GC reform......which is a pain in the .......!!
2,000 excited parents (85% of them registered voters) are asking for a new ice skating rink at a local school or residents of a neighborhood (again 65% voters, accounting for immigrants among residents) want a new station on commuter rail line or a new bus route or whatever......all of them easy to achieve.......
and the lawmaker wonders over a cup of decaf latte - what should i focus on......??? to him/ her - the choice is obvious.....and if it is not obvious to us........we should take a reality check.....
It would be a different thing - if 100,000 people do a silent lunch time gathering within the campuses of a revered american company like Cisco or Msoft.......with organizational blessings......people would sit up and listen.....
Personally, I did not attend the DC event because I was travelling on business and to me my perceived benefit (maybe wrong) of rally was not worth postponing an important business trip.......on the other hand if one day it so transpires that this rally was the historic starting point of major immigration reforms triggered by a group of pioneering individuals - i would have no choice but to eat my words and hang my head in shame that i did not attend.............
1. Politically having a rally in D.C makes it more visible for all the law makers there. Laws/amendments and all the political activity happens there. Rallies else where would make it to one or two news cycle but won't be remembered after wards.
2. Meeting lawmakers, staff from various constituents wrapped around an event like a rally helps a lot in getting the message across. It raises a lot of awareness.
3. I would have agreed with you that numbers like 100,000 matters, but after being there and seeing the amazing capabilities of IV to organize meetings and having members meet over 100+ meetings with law makers, staff, talking to to them, sharing personal stories, advertisement and media campaigns around D.C has convinced me that it has and will make a difference! Personally for me, it was an eye opener on how the system works and I totally understood exactly why IV leaders set it up this way just by being around and them for a few days!
First it wasn't 1000, we had over 2000 people registered and many joined after or did not register. So please don't say 1000, it is extremely painful for everyone who attended to be considered as "not counted".
Agreed - but as far as the larger public is concerned......if washington post, a local dc mainstream newspaper, says it was 1,000 - the number in public mind is 1,000 (though 10,000 might have participated.....and when lawmakers set their priorities - all they are concerned about is ........
ok - 1,000 folks (none of them voters) are asking me for a comprehensive employment based GC reform......which is a pain in the .......!!
2,000 excited parents (85% of them registered voters) are asking for a new ice skating rink at a local school or residents of a neighborhood (again 65% voters, accounting for immigrants among residents) want a new station on commuter rail line or a new bus route or whatever......all of them easy to achieve.......
and the lawmaker wonders over a cup of decaf latte - what should i focus on......??? to him/ her - the choice is obvious.....and if it is not obvious to us........we should take a reality check.....
It would be a different thing - if 100,000 people do a silent lunch time gathering within the campuses of a revered american company like Cisco or Msoft.......with organizational blessings......people would sit up and listen.....
Personally, I did not attend the DC event because I was travelling on business and to me my perceived benefit (maybe wrong) of rally was not worth postponing an important business trip.......on the other hand if one day it so transpires that this rally was the historic starting point of major immigration reforms triggered by a group of pioneering individuals - i would have no choice but to eat my words and hang my head in shame that i did not attend.............
more...
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pappu
02-25 09:52 AM
has anyone noticed lately, ever since the July 07 fiasco... there hasn't been anything on radar from IV..what's happening..not trying to belittle efforts from IV..but guys most of us are waiting to hear from you..
Incorrect. Please go back and see old threads for action items. Just because you do not see any action item right now, you cannot flush down all our hard work in the last 2 years. You are enjoying your 2 year EAD because of the hard work of our Admin fix campaign in 2008. Please stop blaming the organization. If you wish to lead it, come forward and take charge of your state chapter as a start, lead and deliver results. IV is everyone and each member's responsibility.
Incorrect. Please go back and see old threads for action items. Just because you do not see any action item right now, you cannot flush down all our hard work in the last 2 years. You are enjoying your 2 year EAD because of the hard work of our Admin fix campaign in 2008. Please stop blaming the organization. If you wish to lead it, come forward and take charge of your state chapter as a start, lead and deliver results. IV is everyone and each member's responsibility.
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gk_2000
05-06 04:56 PM
Agree on ur second point, however I was surprised with the context that "ok lets see how much we can buy the MS course and how soon can i finish it" as supposed to it will be great to do MS and lets see how I can further my career with an added benefit of getting C in case of GC process.
Again just my thoughts.
I appreciate your thoughts ..
But here people are openly showing jealousy, hatred, intolerance. So why not add corruption? At least they are not harming/offending anyone else, unlike the other kinds of post'ers.
Like it or not, however, it is non-sense to ask people with several years in the industry to be put behind fresh graduates, who will be only fit to work under them when they join
This is why the spillover's should consider the year too, and backlogs have to be cleared for older category, and if both category in same year then priority to preferred category
But there are so many insanities in the current laws, that if they start counting it's going to take quite a while to get any result, much less to start revamping
Again just my thoughts.
I appreciate your thoughts ..
But here people are openly showing jealousy, hatred, intolerance. So why not add corruption? At least they are not harming/offending anyone else, unlike the other kinds of post'ers.
Like it or not, however, it is non-sense to ask people with several years in the industry to be put behind fresh graduates, who will be only fit to work under them when they join
This is why the spillover's should consider the year too, and backlogs have to be cleared for older category, and if both category in same year then priority to preferred category
But there are so many insanities in the current laws, that if they start counting it's going to take quite a while to get any result, much less to start revamping
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sachug22
01-14 12:21 PM
deleted
frostrated
08-03 03:22 PM
USCIS will go according to the ND. They will not follow PD. PD is used only to make the application eligible for adjudication or to apply for AOS. One filed, it is the application ND that takes priority. For example, if there are two EB2 applications, and the PD for the two are Aug 2002 and Aug 2004, and the ND for these two are June 2006 and Jan 2006 respectively, the applicaiton with ND of Jan 2006 gets priority, provided both PD are current.
alapkd
09-06 02:49 PM
Just for ALKPD....
I donot think I deserve $180/hr.... Right now I make $85K plus a 10% bonus.
You are missing the point. I do NOT think I am SPECIAL. I have an MBA from a US reputed Univ. plus 5 years of experience... I do assessment of their existing IT systems and give recommendations.
My logic is differrent.. This is valid for US born people too. WHY would a company pay $180 an hour to a consulting Co. for the same skill-sets.... however, when you go to them directly they will just pay you $60-$70.
if the difference is really that big than seriously i fail to understand it, they might be accounting for lot of other things like travel expense and other benefits that they might be providing but if the spread is as big as you are saying then it surely does not make sense. if this has anything to do with SOX then consulting company might be guaranteeing lot of things and might have legal liabilities if that is not the case then it is unexplainable.
although i strongly refute the possibility that hiring managers are eating money because just like any beauracracy few guys cant keep benefiting without sharing the benefits and no descent company will tolerate that kind of culture there could be isolated instances but when they are found out they are very severely punished and their life becomes that of a dog running from here to there because in most industries if you are working for a certain domain people know each other and reputation travels faster than light especially bad reputation.
I donot think I deserve $180/hr.... Right now I make $85K plus a 10% bonus.
You are missing the point. I do NOT think I am SPECIAL. I have an MBA from a US reputed Univ. plus 5 years of experience... I do assessment of their existing IT systems and give recommendations.
My logic is differrent.. This is valid for US born people too. WHY would a company pay $180 an hour to a consulting Co. for the same skill-sets.... however, when you go to them directly they will just pay you $60-$70.
if the difference is really that big than seriously i fail to understand it, they might be accounting for lot of other things like travel expense and other benefits that they might be providing but if the spread is as big as you are saying then it surely does not make sense. if this has anything to do with SOX then consulting company might be guaranteeing lot of things and might have legal liabilities if that is not the case then it is unexplainable.
although i strongly refute the possibility that hiring managers are eating money because just like any beauracracy few guys cant keep benefiting without sharing the benefits and no descent company will tolerate that kind of culture there could be isolated instances but when they are found out they are very severely punished and their life becomes that of a dog running from here to there because in most industries if you are working for a certain domain people know each other and reputation travels faster than light especially bad reputation.
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