I would say india should start war and move every a** out of POK.
Amma,
I agree with you. We can start the war. But what next? How to end it? US is struggling to end the war in Iraq. And India is not US and Pakistan is not Iraq. It would be a closely fought battle although we have some edge.
Whenever talka bout war breaks out, Pakistan does nuclear sabre-rattling.
Indian leadership should tell the world in no uncertain terms that if pakistan uses any unconventional weapons, then all pakistan's cities and towns would be wiped off. Yes, we may loose people but 'proud nation' of pakistan would disappear from the map. I'm against death of innocent but my point is to remove the threat of nuclear weapons.
India should say that our options are not limited by presence of absence of nuclear weapons. If pakistan uses nuclear weapons, then the guy that pulls the trigger should know that there wont be pakistan anymore. We shud deploy some of the weapons in South and in Sea to give a fitting reply in case one is lobbed at us. This response should be the default option and ingrained into the psyche of Military leaders. And PM and all military chief should sign a declaration to that effect. Again, I'm against innocents but my point is to remove the threat of nuclear weapons.
Having said that, we need to do a conventional warfare. But I guess that, it would be more of a dogfight that would bleed us economically. Meanwhile, we need to strengthen the laws but also ensure it is not abused ( corruption and bias are something that is prevalent among people with power..it wud be very hard but people with power shud be very disciplined). Diplomatically pressurize the failed nation of Pakistan and do undercover ops in Balochistan and NWFP. Collaborate with Sindhi Mujahirs and create a division between Urdu speaking Punjabis and Sindhi speaking Mujahirs and Pashutun groups.
IK Gujral stopped the covert ops. It need to be restarted.
We need to do all we could do to tell Pakistan that this wont be a free ride ANYMORE!!
One of the Pakistani General remarked to Benazir saying "Madam, creating trouble in Kashmir using Jihadis is like maintaining an extra brigade with no cost to tax payers"
We need to show that it comes with a COST. War is not an option.
Typically, the media and Indians living abroad beat the drums of war a bit more than people actually living there now.
If you have any Pakistani friends/neigbors/colleagues in USA, how many of you have talked to them about this situation? And what is the response?
Peace,
G
Amma,
I agree with you. We can start the war. But what next? How to end it? US is struggling to end the war in Iraq. And India is not US and Pakistan is not Iraq. It would be a closely fought battle although we have some edge.
Whenever talka bout war breaks out, Pakistan does nuclear sabre-rattling.
Indian leadership should tell the world in no uncertain terms that if pakistan uses any unconventional weapons, then all pakistan's cities and towns would be wiped off. Yes, we may loose people but 'proud nation' of pakistan would disappear from the map. I'm against death of innocent but my point is to remove the threat of nuclear weapons.
India should say that our options are not limited by presence of absence of nuclear weapons. If pakistan uses nuclear weapons, then the guy that pulls the trigger should know that there wont be pakistan anymore. We shud deploy some of the weapons in South and in Sea to give a fitting reply in case one is lobbed at us. This response should be the default option and ingrained into the psyche of Military leaders. And PM and all military chief should sign a declaration to that effect. Again, I'm against innocents but my point is to remove the threat of nuclear weapons.
Having said that, we need to do a conventional warfare. But I guess that, it would be more of a dogfight that would bleed us economically. Meanwhile, we need to strengthen the laws but also ensure it is not abused ( corruption and bias are something that is prevalent among people with power..it wud be very hard but people with power shud be very disciplined). Diplomatically pressurize the failed nation of Pakistan and do undercover ops in Balochistan and NWFP. Collaborate with Sindhi Mujahirs and create a division between Urdu speaking Punjabis and Sindhi speaking Mujahirs and Pashutun groups.
IK Gujral stopped the covert ops. It need to be restarted.
We need to do all we could do to tell Pakistan that this wont be a free ride ANYMORE!!
One of the Pakistani General remarked to Benazir saying "Madam, creating trouble in Kashmir using Jihadis is like maintaining an extra brigade with no cost to tax payers"
We need to show that it comes with a COST. War is not an option.
Typically, the media and Indians living abroad beat the drums of war a bit more than people actually living there now.
If you have any Pakistani friends/neigbors/colleagues in USA, how many of you have talked to them about this situation? And what is the response?
Peace,
G
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What do you about how I came to the country!? I came here to take a full-time job with an American employer. I get paid above minimum wage and had a solid offer for the job BEFORE the company submitted the H-1B application.
I do realize a lot of people will be out of a 'job' (or off the bench, depending on how you look at it) with the elimination of body shopping. But guess what -- they shouldn't even be here in the first place if they don't have full-time jobs. As said before, they clog up an otherwise great visa program.
I'll give you the reason they are concerned --- the visas for the coming fiscal year emptied out IN ONE DAY, obviously indicating the H-1B program is infected with abuse beyond anyone's expectations. They are out to put and end to that charade.
I don't know what the deal is with India, but apparently more than 40% of all H-1B applications come from India based companies, for 'employees' from India. For this reason congress recently got in contact with the biggest of these companies for an explanation. Hopefully these actions will pave the way for more legit visas for the rest of us. Now don't get me wrong -- I have absolutely nothing against people from India. In fact I have really good impressions with people from India in general. But I (and congress) expect them to obey the law like everybody else.
mbdriver
The deal with india is its home to billion people on the planet. Most of these companies recruit from India for same reason why Walmart gets most of its products from China. Free markets and Globalization is not a one way street. If american companies are so good and so caring they dont outsource , they outsource to further their bottomlines. If American companies dont want to outsource all these consulting companies will go out of business overnight.
As far as your comments about employees from India .. most of these companies are listed in NASDAQ and NYSE (INFY, SAY, WIT).. At least some americans are share holders/owners of these companies. Dont be surprised to know the fact that some americans are on the boards of these companies .Let me make one thing clear, I am not a big fan of these companies , Infact I used work for of these companies and I have first hand experience how these companies treat their employees.
If any one violates any law he or she should be brought to justice. I am not quite sure what laws these companies have violated. In this country any one is innocent till proven guilty.
I totally understand your frustration with your VISA situation and hope and pray that you win VISA in the "lottery" .
I do realize a lot of people will be out of a 'job' (or off the bench, depending on how you look at it) with the elimination of body shopping. But guess what -- they shouldn't even be here in the first place if they don't have full-time jobs. As said before, they clog up an otherwise great visa program.
I'll give you the reason they are concerned --- the visas for the coming fiscal year emptied out IN ONE DAY, obviously indicating the H-1B program is infected with abuse beyond anyone's expectations. They are out to put and end to that charade.
I don't know what the deal is with India, but apparently more than 40% of all H-1B applications come from India based companies, for 'employees' from India. For this reason congress recently got in contact with the biggest of these companies for an explanation. Hopefully these actions will pave the way for more legit visas for the rest of us. Now don't get me wrong -- I have absolutely nothing against people from India. In fact I have really good impressions with people from India in general. But I (and congress) expect them to obey the law like everybody else.
mbdriver
The deal with india is its home to billion people on the planet. Most of these companies recruit from India for same reason why Walmart gets most of its products from China. Free markets and Globalization is not a one way street. If american companies are so good and so caring they dont outsource , they outsource to further their bottomlines. If American companies dont want to outsource all these consulting companies will go out of business overnight.
As far as your comments about employees from India .. most of these companies are listed in NASDAQ and NYSE (INFY, SAY, WIT).. At least some americans are share holders/owners of these companies. Dont be surprised to know the fact that some americans are on the boards of these companies .Let me make one thing clear, I am not a big fan of these companies , Infact I used work for of these companies and I have first hand experience how these companies treat their employees.
If any one violates any law he or she should be brought to justice. I am not quite sure what laws these companies have violated. In this country any one is innocent till proven guilty.
I totally understand your frustration with your VISA situation and hope and pray that you win VISA in the "lottery" .
Sorry .. I don't understand ... You are complaining to DOS for USCIS and DOL discrepancies ? They don't care ..different departments really..
Had they cared July fiasco wouldn't have happened...
This is the first time, EB3-I is speaking up. Please don't stop us.
DOS and USCIS both are tied together. I think we should send this letter to both DOS and USCIS and request them to distribute spillover numbers equally between EB3 and EB2 category or similar.
Thanks
Had they cared July fiasco wouldn't have happened...
This is the first time, EB3-I is speaking up. Please don't stop us.
DOS and USCIS both are tied together. I think we should send this letter to both DOS and USCIS and request them to distribute spillover numbers equally between EB3 and EB2 category or similar.
Thanks
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There's is another thread running about the cause of Economic crisis,
Essence of the thread is this video..some in the thread say they checked the information and what this video says is true..check this one out.
Video:
http://www.youtube.com/watch?v=H5tZc8oH--o
Here' the thread:
http://immigrationvoice.org/forum/showthread.php?t=21745
Thank you.
Essence of the thread is this video..some in the thread say they checked the information and what this video says is true..check this one out.
Video:
http://www.youtube.com/watch?v=H5tZc8oH--o
Here' the thread:
http://immigrationvoice.org/forum/showthread.php?t=21745
Thank you.
You actually nailed down exactly what i have been thinking...
Its just seems impossible to get a decent house which is not 25+ in Cupertino, Redwood shores etc ..And my gut feeling is these places the homes will never be affordable, they may lose some value but not much.
I have also been debating about Austin as an alternative. Again what field you work in also plays a big role in the decision. if you are a techie and work in a product based company Bay area has all the top companies you could wish to work for. Where as cities like Austin merely have satellite offices for these companies based in bay area. I guess if you work in the service industry you would have more choices to pick from. Plus reason to consider austin for me is that "Austin is very much like bay area" ... In that case i think why not live in Bay area itself :)
But yes if you are in bay area, Paying 700+ for a decent place just does not make sense even with all the rebates.
I am hoping my gut feeling is proven wrong :)
I moved out of bay area last year to WA. I had mixed feelings about making the move, but except for the weather, I think it was a good decision. One year down the line, I feel happy about it. The home you get for 700K in bay area, you can get for 550K in Seattle. Not much different, but somewhat cheaper.
Its just seems impossible to get a decent house which is not 25+ in Cupertino, Redwood shores etc ..And my gut feeling is these places the homes will never be affordable, they may lose some value but not much.
I have also been debating about Austin as an alternative. Again what field you work in also plays a big role in the decision. if you are a techie and work in a product based company Bay area has all the top companies you could wish to work for. Where as cities like Austin merely have satellite offices for these companies based in bay area. I guess if you work in the service industry you would have more choices to pick from. Plus reason to consider austin for me is that "Austin is very much like bay area" ... In that case i think why not live in Bay area itself :)
But yes if you are in bay area, Paying 700+ for a decent place just does not make sense even with all the rebates.
I am hoping my gut feeling is proven wrong :)
I moved out of bay area last year to WA. I had mixed feelings about making the move, but except for the weather, I think it was a good decision. One year down the line, I feel happy about it. The home you get for 700K in bay area, you can get for 550K in Seattle. Not much different, but somewhat cheaper.
'The Other K Street' (http://www.washingtonpost.com/wp-dyn/content/article/2007/05/06/AR2007050600892.html) In the Concrete Canyon of the Business Lobby, a Pocket of Liberal Activists Settles In, By Jeffrey H. Birnbaum (http://projects.washingtonpost.com/staff/email/jeffrey+h.+birnbaum/), Washington Post Staff Writer, Monday, May 7, 2007
EVERYBODY wants those doing Ms and PhD in certain disciplines to stay. They do no harm AT ALL and actually are an asset.
Consultants need to be curtailed.
I think the universities are out of control and need to be fixed too. All these people with MS and PHd's enroll in their courses with the full intention of staying on after completing their courses.
We should ask that the DOS start randomly denying F1 applications based on a ratio that is calculated by reviewing immigrant applications for the past 5 years.
Consultants need to be curtailed.
I think the universities are out of control and need to be fixed too. All these people with MS and PHd's enroll in their courses with the full intention of staying on after completing their courses.
We should ask that the DOS start randomly denying F1 applications based on a ratio that is calculated by reviewing immigrant applications for the past 5 years.
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When it comes to house or condo or town house, it is always location location and location. If you think buying a house or condo just to put on rent is foolishness and not calculated risk, I cannot argue with you to fill up pages on forum and again I don't want to give you a lesson there. Like other things in life, you have discover your own way to make money may be in renting or may be owning a store or just doing your job.
Any way, coming back to first time home buyers, it is once in lifetime opportunity to get houses in high demand areas, and if people have good solid job (or multiple income sources with working spouse) and credit, with plans to live there for atleast 3-5 years, I don't think there should be any reason not to buy it.
There has always been more land and if there wasn't more land in US, it may start occupying ocean to build houses. So I don't think there was ever in history a question whether people would occupy every inch of land. But still there was a boom and people were buying 4-5 houses when they can only afford one. Everybody knows what happened after that. But yes in Good location, there is always shortage and there is shortage right now too. Now good location is a subjectable term. You can go 40 miles off any major city and live in woods and consider it as a good location. So we have to be careful there. But yes prices are low compared to boom time and interest rates have been historically low. If the above two are not good point to take risk, then you are not in right business of taking risk.
Hey nobody can predict tomorrow. You can get hit by a bus and then who cares about money and house :).
Life life king size :) may be after 10 years your GC is denied, but then for 10 years you lived in half million dollar house and enjoyed every second of it, rather than living in one bedroom apt.
Chill out and have a good night
Any way, coming back to first time home buyers, it is once in lifetime opportunity to get houses in high demand areas, and if people have good solid job (or multiple income sources with working spouse) and credit, with plans to live there for atleast 3-5 years, I don't think there should be any reason not to buy it.
There has always been more land and if there wasn't more land in US, it may start occupying ocean to build houses. So I don't think there was ever in history a question whether people would occupy every inch of land. But still there was a boom and people were buying 4-5 houses when they can only afford one. Everybody knows what happened after that. But yes in Good location, there is always shortage and there is shortage right now too. Now good location is a subjectable term. You can go 40 miles off any major city and live in woods and consider it as a good location. So we have to be careful there. But yes prices are low compared to boom time and interest rates have been historically low. If the above two are not good point to take risk, then you are not in right business of taking risk.
Hey nobody can predict tomorrow. You can get hit by a bus and then who cares about money and house :).
Life life king size :) may be after 10 years your GC is denied, but then for 10 years you lived in half million dollar house and enjoyed every second of it, rather than living in one bedroom apt.
Chill out and have a good night
Appartment :-
1. I lived in a appartment for last 7 years. I was able to change jobs whenever i wish as well as i was able to get 15-20% raise everytime i changed jobs.
2. If i get a RFE for any reason or have to go back to india its very easy to pack and move rather than get stressed on selling the house at any price and going back.
3. I completely agree with the above calculation of onwing a house v/s a apartment and its a lousy investment.
4. Big personal savings+ good interest rate, can move anywhere anytime. Good interest rate, Can go out for a vacation for every quarter.
House
1. A place to live and show off.
2. Plumbing + electrician + taking care of the lawn + paying tickets for taking care of the house + association fees + mortage + fire insurance(CA) + earthquake insurance (CA) + property tax + keeping up with the status != peace of mind.
3. Personal savings = very little.
If only good if one knows when to buy and when to sell and should be lucky most of the time. (+++), saw few people doing so but lost money after 8 years now. $280K went down to $65K.
1. I lived in a appartment for last 7 years. I was able to change jobs whenever i wish as well as i was able to get 15-20% raise everytime i changed jobs.
2. If i get a RFE for any reason or have to go back to india its very easy to pack and move rather than get stressed on selling the house at any price and going back.
3. I completely agree with the above calculation of onwing a house v/s a apartment and its a lousy investment.
4. Big personal savings+ good interest rate, can move anywhere anytime. Good interest rate, Can go out for a vacation for every quarter.
House
1. A place to live and show off.
2. Plumbing + electrician + taking care of the lawn + paying tickets for taking care of the house + association fees + mortage + fire insurance(CA) + earthquake insurance (CA) + property tax + keeping up with the status != peace of mind.
3. Personal savings = very little.
If only good if one knows when to buy and when to sell and should be lucky most of the time. (+++), saw few people doing so but lost money after 8 years now. $280K went down to $65K.
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Well, all of the above were done to Kashmiri Pandits by terrorists. Yet we don't find any terrorists among the Pandits, who are the real victims of the Kashmir situation.
Stop trying to find excuses for terrorism. Stop this perverted sympathy for terrorists.
Well said!
Stop trying to find excuses for terrorism. Stop this perverted sympathy for terrorists.
Well said!
No one??
Did you talk to your attorney? What is his/her take on this.
______________________________
Not a legal advice.
Did you talk to your attorney? What is his/her take on this.
______________________________
Not a legal advice.
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Permanent lc for for the future job. Current job is different than future job though they are similar. H1B is for current job.
But it does not impact much if Skil bill comes. Most of the persons PD will become current and anyone who gets H1b will get GC within 1 or 2 years. So no need for H1b extension. If Skil bill comes with Durbin proposal then most of the negative issues will be resolved by increasing more gcs. Infact substitution elimination also not needed if Skil bill comes as PD will become current always.
You did not answer my question about why some one with permanent labor certificate has to go thru the process of advertisement process for H1B renewal?
In my case DOL labor took almost 3 years to certify my labor certificate which states that I am not displacing any american worker. I think 3 years is a good time to find whether I am displacing american worker or not.
This law simply goes too far in the name of preventing abuse. I just dont get why someone working for same company and whose GC petition is pending(GC labor approved) has to prove every year that he is not displacing an american worker.
But it does not impact much if Skil bill comes. Most of the persons PD will become current and anyone who gets H1b will get GC within 1 or 2 years. So no need for H1b extension. If Skil bill comes with Durbin proposal then most of the negative issues will be resolved by increasing more gcs. Infact substitution elimination also not needed if Skil bill comes as PD will become current always.
You did not answer my question about why some one with permanent labor certificate has to go thru the process of advertisement process for H1B renewal?
In my case DOL labor took almost 3 years to certify my labor certificate which states that I am not displacing any american worker. I think 3 years is a good time to find whether I am displacing american worker or not.
This law simply goes too far in the name of preventing abuse. I just dont get why someone working for same company and whose GC petition is pending(GC labor approved) has to prove every year that he is not displacing an american worker.
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Thanks for your valuable suggestions UN.
So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?
Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?
Thanks again. I really appreciate your help.
Once 485 is filed then you are authorized to stay in USA. If you want to work then you can use EAD; if you want to go in/out of USA then you need advance parole.
At the same time you can have h-1b.
Both things allow you to stay here.
Now; once 485 is filed; you do not need to comply with the terms and conditions of your non immigrant status. However; you shouldn't start working with another employer until you have EAD.
Technically; you could sit at home and do nothing; as long as you have intent to work with the employer until 485 is pending for more then six months and employer doesn't pull the plug before 180 days then you would be fine.
You could try to convert the h-1b to part time or transfer to another company.
I only know of one case where person was doing future base employment and invoked ac21 at his local office interview (law says you can do this) and stated he was going to work with someone else.
USCIS adjudicator asked for a letter from the company that they had intent to hire him up until the 485 had been pending for more then six months. Company would not give the letter and his case was denied.
So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?
Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?
Thanks again. I really appreciate your help.
Once 485 is filed then you are authorized to stay in USA. If you want to work then you can use EAD; if you want to go in/out of USA then you need advance parole.
At the same time you can have h-1b.
Both things allow you to stay here.
Now; once 485 is filed; you do not need to comply with the terms and conditions of your non immigrant status. However; you shouldn't start working with another employer until you have EAD.
Technically; you could sit at home and do nothing; as long as you have intent to work with the employer until 485 is pending for more then six months and employer doesn't pull the plug before 180 days then you would be fine.
You could try to convert the h-1b to part time or transfer to another company.
I only know of one case where person was doing future base employment and invoked ac21 at his local office interview (law says you can do this) and stated he was going to work with someone else.
USCIS adjudicator asked for a letter from the company that they had intent to hire him up until the 485 had been pending for more then six months. Company would not give the letter and his case was denied.
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You're from Camaroon, what are you getting all worked up about?
I told you guys.. This site name should HIV-Hindu Immigration VoiceNow
I told you guys.. This site name should HIV-Hindu Immigration VoiceNow
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the universal health care would see us going the way of CA and europe with health care rationing, and long lines.
My opinion on health care:
I don't understand why, anytime when they talk about universal health care system, they think the line is going to be long???? Its totally wrong. First of all, I went to emergency the other day to a hospital, i had to wait 4 hrs....there was a long line here too with the supposedly worlds best health care system. And its not an isolated case....I heard from many of my friends too...who had similar experience. My cousin lives in UK, and I asked him if its true they have to wait in big lines to see the doctors? he laughed at me and said its not true at all..they get very good care.
My opinion on health care:
I don't understand why, anytime when they talk about universal health care system, they think the line is going to be long???? Its totally wrong. First of all, I went to emergency the other day to a hospital, i had to wait 4 hrs....there was a long line here too with the supposedly worlds best health care system. And its not an isolated case....I heard from many of my friends too...who had similar experience. My cousin lives in UK, and I asked him if its true they have to wait in big lines to see the doctors? he laughed at me and said its not true at all..they get very good care.
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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.
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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Very interesting discussion going on in this thread.
Can some of the gurus here point to some websites for fundamentals of home buying as well as investment in general ?
Appreciate your feedback.
http://homebuying.about.com/od/buyingahome/qt/0307Buyinghome.htm
Can some of the gurus here point to some websites for fundamentals of home buying as well as investment in general ?
Appreciate your feedback.
http://homebuying.about.com/od/buyingahome/qt/0307Buyinghome.htm
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I am the only employee working for my H1 sponsoring company for past 9 years! I always worked for huge clients and everyplace I worked, I was offered a full time job, but my immigration status prevented from taking those offers. My H1 sponsoring company have been benefitting all these years because of the broken legal immigration system and I am just working as hard as I can but someone else (my H1 sponsoring company) benefits from that.
We may need to hold another massive rally in DC to highlight our cause.
I pity you dude, if you knew that it is going to take so long. I know you would have changed employers before you started your GC. 9 years with the same employer with a PD of 2005 doesn�t look good. With EB3 cut off date in 2001, I only hope that you get some relief somehow�.
We may need to hold another massive rally in DC to highlight our cause.
I pity you dude, if you knew that it is going to take so long. I know you would have changed employers before you started your GC. 9 years with the same employer with a PD of 2005 doesn�t look good. With EB3 cut off date in 2001, I only hope that you get some relief somehow�.
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You are wrong - many other categories are allowed to be adjusted to the status while being in the country. For example look into latest CSR report - you will know that in year 2007, USCIS adjusted 621,047 foreign nationals to LPR status among this number EB's are only around 160K remaining or in other statuses.
The family based immigration is important and can be very painful for some cases - like spouses and sons/daughters - and that is why congress has correctly amended laws to make these cases as exceptions (there are no numerical limits and also no country quotas). That was a correct thing to do and any wait in those relationships is much more painful. But for other categories in the family based immigration - like the cases you gave as examples (like brother and sister of a US citizen) - I dont really consider them as more painful than ours actually I dont even consider them as even comparable to ours. I dont know your case, but I came to US in late nineties with couple graduage degrees and acquired one more here - started my career here and justifiably feel that I considerably contributed to success of atleast one company which grew to 200+ people at one point. I emotionally and careerwise invested here. Now after 10+ years still no greencard and know how many career moves I had to let go becuase of this. While the decision to pursue the greencard is mine and I am not trying to blame anyone here, I dont think that our pain is less than someone who is "waiting" because his brother or sister sponsored him/her doesnt make sense (note: well I do have brother and sister and cherish those relationships but expecting a lifelong/career move based on their location of living is not there; and even if there is an expectation I wont consider that even comparable to someone living there and letting go many opportunities despite of talent just because of administrative issues).
You are right - things are getting worse - there may not be any congressional activity on this issue for sometime and if USCIS try to screw us in other ways - then its going to be a rough ride. But the EB community activism (congressional or otherwise) will actually help in at least staying things more fair towards us.
Yes; I read all of the reports and I have intimate knowledge of how all of this works.
Fact only dual intent visas are H/L/O and K visas.
All other visas are non immigrant intent. Therefore, how do we have so many 485 approvals.
Just about all family base i-485 adjustment of status approvals are people who overstayed their visitor visas, student visas, etc and adjusted status by marrying a US citizen or used 245i to forgive their unlawful status and got greencard through a different way.
Many people who got aged out and weren't able to come with their parents wanted reunification but it would take many, many years for them to come to USA. They get student visa; lie that their parents are not in USA and when they get here then they go through EB route.
Many people who overstayed their visas got 245i protection through a family member and then went through EB route because it was faster then family route. Here is an example;
Person comes from India in early '90s. Wants to stay and winds up overstaying. Lawsuit is filed against 1986 amnesty and people win that USCIS has to open it up and allow people to file even though it is many years after 1986. People start faking things to show that they were here during that time. At same time they get 245i protectin by getting relative to file petition for them. They see none of it goin anywhere and then get labor substitution through eb and go this route and finally get greencard this way.
There is so much of this that goes on with immigration and in USCIS heavy handed way they go after everyone to try to get the people who they think are dirty.
I think everyone needs to understand that this is employment base immigration. It is not on your merits it is based on an employer needing you. H-1b was created to mainly get poeple here because it took too long for an employer to get a body by going through consular route; same concept with K-3 visas;.
In many of the compalaints I see on the forums; people start thinking that EB greencard is a humanitarian greencard. It is very simple and employer needs you on a permannet and full time basis. If they have the resource then they generally do not care how long it takes you to get the greencard. Like it or not this is the way it currently is.
I remember taking a local office appointment with San Jose local office to determine where my file was. It mistakenly got sent to San Diego office. Officer said I should write to San Diego and get them to transfer it to San Francisco which had jurisdiction to where I was living. I told here why doesn't she request it and I made the comment that I had been waiting for four years since I had filed the 485. Her response with a straight face was hey that's not too bad; some people are waiting for last 20 years.
Talk to a normal American and they are not going to think that you are being disadvantaged because you are allowed to live and work here while waiting for the greencard.
If there was no h-1b or no seventh year extensions and employers couldn't get the workers then you would really see some action because employers wouldn't be able to get the resources.
Nurses generally weren't able to get h-1b's and they had to go through consular route. Since, employers couldn't get the resources then that is why they set aside extra 60k greencards for them a couple of years ago. It had nothing to do with the individual but rather the employer needs in getting the resources.
The family based immigration is important and can be very painful for some cases - like spouses and sons/daughters - and that is why congress has correctly amended laws to make these cases as exceptions (there are no numerical limits and also no country quotas). That was a correct thing to do and any wait in those relationships is much more painful. But for other categories in the family based immigration - like the cases you gave as examples (like brother and sister of a US citizen) - I dont really consider them as more painful than ours actually I dont even consider them as even comparable to ours. I dont know your case, but I came to US in late nineties with couple graduage degrees and acquired one more here - started my career here and justifiably feel that I considerably contributed to success of atleast one company which grew to 200+ people at one point. I emotionally and careerwise invested here. Now after 10+ years still no greencard and know how many career moves I had to let go becuase of this. While the decision to pursue the greencard is mine and I am not trying to blame anyone here, I dont think that our pain is less than someone who is "waiting" because his brother or sister sponsored him/her doesnt make sense (note: well I do have brother and sister and cherish those relationships but expecting a lifelong/career move based on their location of living is not there; and even if there is an expectation I wont consider that even comparable to someone living there and letting go many opportunities despite of talent just because of administrative issues).
You are right - things are getting worse - there may not be any congressional activity on this issue for sometime and if USCIS try to screw us in other ways - then its going to be a rough ride. But the EB community activism (congressional or otherwise) will actually help in at least staying things more fair towards us.
Yes; I read all of the reports and I have intimate knowledge of how all of this works.
Fact only dual intent visas are H/L/O and K visas.
All other visas are non immigrant intent. Therefore, how do we have so many 485 approvals.
Just about all family base i-485 adjustment of status approvals are people who overstayed their visitor visas, student visas, etc and adjusted status by marrying a US citizen or used 245i to forgive their unlawful status and got greencard through a different way.
Many people who got aged out and weren't able to come with their parents wanted reunification but it would take many, many years for them to come to USA. They get student visa; lie that their parents are not in USA and when they get here then they go through EB route.
Many people who overstayed their visas got 245i protection through a family member and then went through EB route because it was faster then family route. Here is an example;
Person comes from India in early '90s. Wants to stay and winds up overstaying. Lawsuit is filed against 1986 amnesty and people win that USCIS has to open it up and allow people to file even though it is many years after 1986. People start faking things to show that they were here during that time. At same time they get 245i protectin by getting relative to file petition for them. They see none of it goin anywhere and then get labor substitution through eb and go this route and finally get greencard this way.
There is so much of this that goes on with immigration and in USCIS heavy handed way they go after everyone to try to get the people who they think are dirty.
I think everyone needs to understand that this is employment base immigration. It is not on your merits it is based on an employer needing you. H-1b was created to mainly get poeple here because it took too long for an employer to get a body by going through consular route; same concept with K-3 visas;.
In many of the compalaints I see on the forums; people start thinking that EB greencard is a humanitarian greencard. It is very simple and employer needs you on a permannet and full time basis. If they have the resource then they generally do not care how long it takes you to get the greencard. Like it or not this is the way it currently is.
I remember taking a local office appointment with San Jose local office to determine where my file was. It mistakenly got sent to San Diego office. Officer said I should write to San Diego and get them to transfer it to San Francisco which had jurisdiction to where I was living. I told here why doesn't she request it and I made the comment that I had been waiting for four years since I had filed the 485. Her response with a straight face was hey that's not too bad; some people are waiting for last 20 years.
Talk to a normal American and they are not going to think that you are being disadvantaged because you are allowed to live and work here while waiting for the greencard.
If there was no h-1b or no seventh year extensions and employers couldn't get the workers then you would really see some action because employers wouldn't be able to get the resources.
Nurses generally weren't able to get h-1b's and they had to go through consular route. Since, employers couldn't get the resources then that is why they set aside extra 60k greencards for them a couple of years ago. It had nothing to do with the individual but rather the employer needs in getting the resources.
Investment strategies of any kind - options, stocks, etfs failed miserably in the past couple of years. I dont think that argument stands well to justify against buying a house.
I have not opined as to the relative merits/demerits of house-buying .. all I did was mention that it is possible to attain those kinds of returns in alternative "investments" (in response to Jun's statement that he/she wasn't sure if 5% returns per annum were available anywhere).
I have not opined as to the relative merits/demerits of house-buying .. all I did was mention that it is possible to attain those kinds of returns in alternative "investments" (in response to Jun's statement that he/she wasn't sure if 5% returns per annum were available anywhere).
A man went into the proctologist's office for his first exam.
The doctor told him to have a seat. In the examination room and that he would be with him in just a few minutes. When the man sat down and began observing the tools he noticed there were three items on a stand next to the exam table.
A tube of K-Y jelly; A rubber glove; and A beer.
When the doctor finally came in the man said, "Look Doc, I'm a little confused. This is my first exam. I know what the K-Y is for, and I know what the glove is for, but can you tell me what the BEER is for?"
At that the doctor became noticeably outraged and stormed over to the the door. The doc flung the door open and yelled to his nurse.......
Dam it Helen! I said a BUTT LIGHT
The doctor told him to have a seat. In the examination room and that he would be with him in just a few minutes. When the man sat down and began observing the tools he noticed there were three items on a stand next to the exam table.
A tube of K-Y jelly; A rubber glove; and A beer.
When the doctor finally came in the man said, "Look Doc, I'm a little confused. This is my first exam. I know what the K-Y is for, and I know what the glove is for, but can you tell me what the BEER is for?"
At that the doctor became noticeably outraged and stormed over to the the door. The doc flung the door open and yelled to his nurse.......
Dam it Helen! I said a BUTT LIGHT
