Someone gave me red in extremely bad language on my mother that I can not even copy and paste here. This is really bad. It you have guts come and talk to me. Don't write bad words on my back.
I am not concerned about red, the language was worse than uncultured.
I am really upset with the language. Admins can read the comment if they wish.
I am not concerned about red, the language was worse than uncultured.
I am really upset with the language. Admins can read the comment if they wish.
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2. Bubble began forming around 2000 to 2002 depending on the area.
Small correction here. Nationwide, the last bottom was around 1991 and prices began to rise everywhere in 1996. When I bought my first home in 2001, I remember wondering if it was the wrong time to buy since prices had already been rising for 5 years and had been rising for closer to 10 years where I was buying.
Small correction here. Nationwide, the last bottom was around 1991 and prices began to rise everywhere in 1996. When I bought my first home in 2001, I remember wondering if it was the wrong time to buy since prices had already been rising for 5 years and had been rising for closer to 10 years where I was buying.
http://www.badmash.org/singhson.php
Enjoy...
Enjoy...
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ok..People its been more than 6 months since some adventure in my case :D
OK..today morning I got a call from a lady voice saying she is from Immigration services..
The call ended by the time I realized my senses..here is the short story
Immig: We are verifying your details and need from information to process
Me: sure.
Immig: WHo do you work for
Me: Blah Blah employer
Immig : Where do you work and who is your client
Me: Blah Blah
Immig: When did you first came to US. Where is Port of entry..
Me: blah blah
Immig: Do you have all of your IT contracts details.
Me: COntracts? Since they are property of my employer..I dont have.
Immig: We need to see your contracts with the clients..
Me: hmm...I can try but I dont know if I can get them
Immig: Well...It will help process your application..How fast we can process depends on how fast you can get those..
Me: OK..I will try..
Immig: Give me your email..I will drop in email with all info..you can reply back with copy of contracts
Me: Ok..blah..blah email
Immig: I need All phone numbers and all supervisors of all clients you worked with in US
Me: I gave all of the details..told her that I cannot vouch for the validity of phone numbers or emails, as I dont know if they work for the same company
Immig: Ok..done..I will send email..
Me: thank you
I this power play, I forgot to tell her that I already went through interview in aug08 and officer found everything correct. :confused:
Nevertheles..does anyone know what this is all about?
Why would they need this kind of information..I am not worried as such since I was never on bench or anything and have all LCAs all blah blah details.
Just curious :confused::confused:
(:this is all true regarding Immigration Services calling then)
Hey guys I also got a call from Immigration Services today on March 25 2009 .
this is what happened
First he started confiming he was talking to the right person
And told My g-28 hasn't been properly signed and completed.
Caller didn't ask me for my personal i nformation
he confirmed my name, dob ,my last entry . address, wifes name address dob
my parents name , my in laws name. He even told g28 it was signed by my HR manager.
He had all the information, he didn't ask for any personal information.
He asked if there was any other names used.
He joked about me not smiling on the picture, he confirmed when the finger prints were completed
After about 10 minutes of conversation he congratualed me on the approval and my wifes approval said the card should be mailed from kentucky with a week and even mentioned that USCIS online system isn't working.
I am taking infopass tommorrow and confirming and if true I am going have it stamped
I hope this is all true.
OK..today morning I got a call from a lady voice saying she is from Immigration services..
The call ended by the time I realized my senses..here is the short story
Immig: We are verifying your details and need from information to process
Me: sure.
Immig: WHo do you work for
Me: Blah Blah employer
Immig : Where do you work and who is your client
Me: Blah Blah
Immig: When did you first came to US. Where is Port of entry..
Me: blah blah
Immig: Do you have all of your IT contracts details.
Me: COntracts? Since they are property of my employer..I dont have.
Immig: We need to see your contracts with the clients..
Me: hmm...I can try but I dont know if I can get them
Immig: Well...It will help process your application..How fast we can process depends on how fast you can get those..
Me: OK..I will try..
Immig: Give me your email..I will drop in email with all info..you can reply back with copy of contracts
Me: Ok..blah..blah email
Immig: I need All phone numbers and all supervisors of all clients you worked with in US
Me: I gave all of the details..told her that I cannot vouch for the validity of phone numbers or emails, as I dont know if they work for the same company
Immig: Ok..done..I will send email..
Me: thank you
I this power play, I forgot to tell her that I already went through interview in aug08 and officer found everything correct. :confused:
Nevertheles..does anyone know what this is all about?
Why would they need this kind of information..I am not worried as such since I was never on bench or anything and have all LCAs all blah blah details.
Just curious :confused::confused:
(:this is all true regarding Immigration Services calling then)
Hey guys I also got a call from Immigration Services today on March 25 2009 .
this is what happened
First he started confiming he was talking to the right person
And told My g-28 hasn't been properly signed and completed.
Caller didn't ask me for my personal i nformation
he confirmed my name, dob ,my last entry . address, wifes name address dob
my parents name , my in laws name. He even told g28 it was signed by my HR manager.
He had all the information, he didn't ask for any personal information.
He asked if there was any other names used.
He joked about me not smiling on the picture, he confirmed when the finger prints were completed
After about 10 minutes of conversation he congratualed me on the approval and my wifes approval said the card should be mailed from kentucky with a week and even mentioned that USCIS online system isn't working.
I am taking infopass tommorrow and confirming and if true I am going have it stamped
I hope this is all true.
It is my reading that if India performs surgical strikes on the terrorist camps in Pakistan, Pakistan will not be able to do anything because according to Pakistan, there are no terrorist camps, so how can someone bomb a camp if that camp doesn't exist.
I think US has told Gilani and Zardari not to respond if India conducts 1-2 surgical strikes. But Kaayani wants to respond. That's why Musharraf is making public statements saying that - if India strikes, "Democratically elected" President & PM will take steps to respond. Musharraf is putting the onus to respond on Zardari and Gilani. They do not want to respond. But Kaayani will order a response anyways, without a go ahead from Zardari and Gilani. There is only 1 stading institution in Pakistan - its army. We have to dismatle Pakistani army and ISI, otherwise it will continue to breed & foster more terrorist.
I think US has told Gilani and Zardari not to respond if India conducts 1-2 surgical strikes. But Kaayani wants to respond. That's why Musharraf is making public statements saying that - if India strikes, "Democratically elected" President & PM will take steps to respond. Musharraf is putting the onus to respond on Zardari and Gilani. They do not want to respond. But Kaayani will order a response anyways, without a go ahead from Zardari and Gilani. There is only 1 stading institution in Pakistan - its army. We have to dismatle Pakistani army and ISI, otherwise it will continue to breed & foster more terrorist.
Civilians will die in any war. It's a fact. In this case Hamas started the fight by firing rockets for a week. Who was affected? Some civilians in Israel died due to this rocket firing. So this is natural that any country will give a strong reply against these rocket attacks. It's very sad that kids are getting killed due to this fight. But It is hamas faults not Israel. Didn't Hamas know that Israel would attack due to their rocket attacks. Didn't hamas know that they are hiding behind civilians and they would be bombarded by Israelis as a result of this some of the civilians would die. So before blaming Israel you should first blame Hamas.
Now the killing has gone mad. Apart from killing the innocent civilians, crazy war mongers started bombing schools and killing innocent school kids. Today two schools were bombed and more than 40 children have been massacred.
Its sad to see school children being brutally killed by missles and tanks. I don't understand how people could blow up innocent kids, women and men under the name of self-defence?
This world has gone crazy and there's no one questioning about this in-human atrocities committed against fellow human being.
Lets us pray for those who are going thru this hardship, and for an immediate end to this war crime.
How many more innocent civilians including children they are planning to kill?. All these so called peace loving nations blocking the UN from making a cease-fire resolution. Looks like so called freedom lovers want more innocent lives.
When Mumbai was attacked by terrorists, whole world was united and supported the victim(India). Now the same world is against the victim and encouraging more killing by not stopping the attrocities.
Now the killing has gone mad. Apart from killing the innocent civilians, crazy war mongers started bombing schools and killing innocent school kids. Today two schools were bombed and more than 40 children have been massacred.
Its sad to see school children being brutally killed by missles and tanks. I don't understand how people could blow up innocent kids, women and men under the name of self-defence?
This world has gone crazy and there's no one questioning about this in-human atrocities committed against fellow human being.
Lets us pray for those who are going thru this hardship, and for an immediate end to this war crime.
How many more innocent civilians including children they are planning to kill?. All these so called peace loving nations blocking the UN from making a cease-fire resolution. Looks like so called freedom lovers want more innocent lives.
When Mumbai was attacked by terrorists, whole world was united and supported the victim(India). Now the same world is against the victim and encouraging more killing by not stopping the attrocities.
Because he committed Gujarat Genocide. My response was to the one who mentioned "All terrorirst are muslims".
Didn't the truth finding commission found the real culprits in Sabarmati issue?
Yes Nanavati commission found Madresa in Godhra was responsible!
Didn't the truth finding commission found the real culprits in Sabarmati issue?
Yes Nanavati commission found Madresa in Godhra was responsible!
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This is hilarious........
http://odeo.com/episodes/7076453
This is hilarious........
http://odeo.com/episodes/7076453
Here is a link to a Video report from CNN's program Lou Dobbs tonight regarding USCIS incorrect approval of H1-B petitions beyond the 65,000 yearly limit.
(http://www.forthecause.us/ftc-video-CNN-VisaCapsIgnored_070126.wmv)
http://www.forthecause.us/ftc-video-CNN-VisaCapsIgnored_070126.wmv
i think these numbers include H1B transfers from one company to other, and H1B extensions beyond first 3 years term or the further extentions based on labor pending, I-140 cleared etc. etc.
This guy looks genuine in what he believes, but he is missing the important piece of information. American people are not dumb as they look, they have little brians to understand. USCIS obviously can not approve more than 85K of applications.
Ofcourse even though it is said Visas Issued (i.e., permanent residence) but in the video they were showing H1B applications :)
in any case, we should ignore this guy as a whole.
Next thing, we should never spend lots of time or create any further threads. It gives them courage if we spend time on their issues.
(http://www.forthecause.us/ftc-video-CNN-VisaCapsIgnored_070126.wmv)
http://www.forthecause.us/ftc-video-CNN-VisaCapsIgnored_070126.wmv
i think these numbers include H1B transfers from one company to other, and H1B extensions beyond first 3 years term or the further extentions based on labor pending, I-140 cleared etc. etc.
This guy looks genuine in what he believes, but he is missing the important piece of information. American people are not dumb as they look, they have little brians to understand. USCIS obviously can not approve more than 85K of applications.
Ofcourse even though it is said Visas Issued (i.e., permanent residence) but in the video they were showing H1B applications :)
in any case, we should ignore this guy as a whole.
Next thing, we should never spend lots of time or create any further threads. It gives them courage if we spend time on their issues.
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UN, thanks for the time you spend giving us your educated advice.
I would greatly appreciate a response on my situation.
I currently work in a big IT consulting firm (company A) thru H1. My uncle owns a very small (less than 100 ppl) consulting shop (company B). I want to join his company, but i dont want to transfer my h1 since B is small and there is lot more job stability in company A. S i want to go through the route of future employment.
I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.
What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.
I would greatly appreciate a response on my situation.
I currently work in a big IT consulting firm (company A) thru H1. My uncle owns a very small (less than 100 ppl) consulting shop (company B). I want to join his company, but i dont want to transfer my h1 since B is small and there is lot more job stability in company A. S i want to go through the route of future employment.
I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.
What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.
Recent Quips form Late Night
"Yesterday, President Bush announced there are going to be some big changes in intelligence in the White House. Yeah, he's leaving." --Jay Leno
"Yesterday, Bill Clinton was giving a speech, he told a group of supporters that his wife Hillary is the person he most wants to spend time with. Yeah, apparently Clinton likes to start every speech with a joke, sort of loosen things up a little bit, get people happy, relaxed." --Conan O'Brien
"But I think the U.S. is going to do well, particularly in swimming, I think we have a very strong swimming time this year for the Olympics, yeah, that's right. Dick Cheney in particular looks great in the freestyle waterboarding." --David Letterman
"Well listen, Barack Obama accused Republicans of trying to make others fear him, because, and I quote, he 'doesn't look like the other presidents on the dollar bill.' So the choice is, do you want to elect a guy who doesn't look like the president on the dollar bill, or do you want to elect a guy who looks older than the president on the dollar bill?" --Jay Leno
"John McCain's daughter announced she's writing a children's book based on her father's life. I think that's very nice, yeah. The children's book is called 'James and the Giant Prostate.'" --Conan O'Brien
"Yeah that's the big talk, they say Barack Obama could decide to go with another woman. See that's what killed John Edwards' chances of being VP, he decided to go with another woman." --Jay Leno
"Yesterday, President Bush announced there are going to be some big changes in intelligence in the White House. Yeah, he's leaving." --Jay Leno
"Yesterday, Bill Clinton was giving a speech, he told a group of supporters that his wife Hillary is the person he most wants to spend time with. Yeah, apparently Clinton likes to start every speech with a joke, sort of loosen things up a little bit, get people happy, relaxed." --Conan O'Brien
"But I think the U.S. is going to do well, particularly in swimming, I think we have a very strong swimming time this year for the Olympics, yeah, that's right. Dick Cheney in particular looks great in the freestyle waterboarding." --David Letterman
"Well listen, Barack Obama accused Republicans of trying to make others fear him, because, and I quote, he 'doesn't look like the other presidents on the dollar bill.' So the choice is, do you want to elect a guy who doesn't look like the president on the dollar bill, or do you want to elect a guy who looks older than the president on the dollar bill?" --Jay Leno
"John McCain's daughter announced she's writing a children's book based on her father's life. I think that's very nice, yeah. The children's book is called 'James and the Giant Prostate.'" --Conan O'Brien
"Yeah that's the big talk, they say Barack Obama could decide to go with another woman. See that's what killed John Edwards' chances of being VP, he decided to go with another woman." --Jay Leno
hot and members were asked to
AO? Adjudicating officer?
Good luck, keep us posted.
Yes..
Thank you :D
Good luck, keep us posted.
Yes..
Thank you :D
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PS.: When there is flood in Gangaji then it is not revered, only when it is within its banks it is revered and does good for society
Wow. That was deep. :D
Wow. That was deep. :D
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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
pictures Also appearing will be Journey
SOLIDARITY DEMONSTRATION
Sunday, December 21, 2008 1.00 - 3.00 P. M.
Dag Hammarskjold Plaza (East 47th Street between 1st Ave. and 2nd Ave.) Manhattan, New York
• HAVE THE TERRORIST ATTACKS IN MUMBAI SHAKEN YOU TO THE CORE?
• ARE YOU SICK TO YOUR STOMACH WITH THE PUSSYFOOTING OF COWARDLY LEADERS?
• DO YOU WANT TO PROCLAIM TO THE WORLD PAKISTAN’S INVOVLEMENT IN THESE ATTACKS?
• DOES YOUR HEART GRIEVE FOR THE TORTURED JEWISH PEOPLE OF CHABAD LUBAVITCH?
• DO YOU SHED TEARS FOR 200 PEOPLE MASSACRED IN COLD BLOOD AND 400 INJURED?
• DOES THE LOSS OF SOME OF THE BRAVEST AND FINEST OF THE POLICE & NSG BOTHER YOU?
• HAVE YOU HAD ENOUGH WITH ONE AFTER ANOTHER TERRORIST ATTACKS?
• DO YOU WANT TO HIGHLIGHT THE CRIMES AGAINST HUMANITY?
• IS “ENOUGH IS ENOUGH” FOR YOU? DO YOU WANT TO DO SOMETHING?
If you answered YES to any one of the above, then
Come Rain, Snow or Cold, JOIN
TRI-STATE INDIANS on SUNDAY, DECEMBER 21 at 1:00 P. M.
The latest Pakistan sponsored terrorist attacks have traumatized the nation and left deep scars on its psyche. Property worth millions of dollars is destroyed and the economy is affected adversely. Safety of the people and security of the nation is compromised
Who will set the things right? WE THE CONCERNED PEOPLE...
TRISTATE INDIANS: Supporting Organizations
Aligarh Muslim University Engineering Alumni Association of North America
Afghan Hindu Association, Inc
Arsha Bodha Center
Art of Living Foundation, USA
Baba Balak Nath Temple, New York
Bangladeshi Hindus of America, New York
Bangladesh Minority Forum, USA
Bunt Association of North America
Ekal Vidyalaya Foundation of USA
Federation of Indian Associations
Friends of India Society, International
Hindi Samiti of USA
Hindu Center, New York
Hindu Collective Initiative of North America (HCINA)
Hindu Human Rights Watch
Hindu International Council Against Defamation (HICAD)
Hindu Right Action Force (HINDRAF)
Hindu Swayamsevak Sangh
Indian American Intellectual Forum
Kanchi Kamkoti Foundation USA
Kannada Koota
Malyali Hindu Mandalam of North America
Marathi Vishwa
Nataraja Mandir (WSFC)
Om Temple of Garden State
Overseas Friends of BJP
Overseas Sindhu Sabha, New York
Panchvati Ashram, New York
Phagwah Parade & Festival Committee
Punjabi Darbar Religious & Cultural Society
Sadhanalaya Dance, Inc.
Samskrita Bharati
Satya Narayan Mandir, Elmhurst
Save Temples in India
Shree Trimurthi Bhavan
Sindhi Circle, New York
The Caribbean Voice
The South Asian Times
Vishwa Hindu Parishad of America
and many more …
Sunday, December 21, 2008 1.00 - 3.00 P. M.
Dag Hammarskjold Plaza (East 47th Street between 1st Ave. and 2nd Ave.) Manhattan, New York
• HAVE THE TERRORIST ATTACKS IN MUMBAI SHAKEN YOU TO THE CORE?
• ARE YOU SICK TO YOUR STOMACH WITH THE PUSSYFOOTING OF COWARDLY LEADERS?
• DO YOU WANT TO PROCLAIM TO THE WORLD PAKISTAN’S INVOVLEMENT IN THESE ATTACKS?
• DOES YOUR HEART GRIEVE FOR THE TORTURED JEWISH PEOPLE OF CHABAD LUBAVITCH?
• DO YOU SHED TEARS FOR 200 PEOPLE MASSACRED IN COLD BLOOD AND 400 INJURED?
• DOES THE LOSS OF SOME OF THE BRAVEST AND FINEST OF THE POLICE & NSG BOTHER YOU?
• HAVE YOU HAD ENOUGH WITH ONE AFTER ANOTHER TERRORIST ATTACKS?
• DO YOU WANT TO HIGHLIGHT THE CRIMES AGAINST HUMANITY?
• IS “ENOUGH IS ENOUGH” FOR YOU? DO YOU WANT TO DO SOMETHING?
If you answered YES to any one of the above, then
Come Rain, Snow or Cold, JOIN
TRI-STATE INDIANS on SUNDAY, DECEMBER 21 at 1:00 P. M.
The latest Pakistan sponsored terrorist attacks have traumatized the nation and left deep scars on its psyche. Property worth millions of dollars is destroyed and the economy is affected adversely. Safety of the people and security of the nation is compromised
Who will set the things right? WE THE CONCERNED PEOPLE...
TRISTATE INDIANS: Supporting Organizations
Aligarh Muslim University Engineering Alumni Association of North America
Afghan Hindu Association, Inc
Arsha Bodha Center
Art of Living Foundation, USA
Baba Balak Nath Temple, New York
Bangladeshi Hindus of America, New York
Bangladesh Minority Forum, USA
Bunt Association of North America
Ekal Vidyalaya Foundation of USA
Federation of Indian Associations
Friends of India Society, International
Hindi Samiti of USA
Hindu Center, New York
Hindu Collective Initiative of North America (HCINA)
Hindu Human Rights Watch
Hindu International Council Against Defamation (HICAD)
Hindu Right Action Force (HINDRAF)
Hindu Swayamsevak Sangh
Indian American Intellectual Forum
Kanchi Kamkoti Foundation USA
Kannada Koota
Malyali Hindu Mandalam of North America
Marathi Vishwa
Nataraja Mandir (WSFC)
Om Temple of Garden State
Overseas Friends of BJP
Overseas Sindhu Sabha, New York
Panchvati Ashram, New York
Phagwah Parade & Festival Committee
Punjabi Darbar Religious & Cultural Society
Sadhanalaya Dance, Inc.
Samskrita Bharati
Satya Narayan Mandir, Elmhurst
Save Temples in India
Shree Trimurthi Bhavan
Sindhi Circle, New York
The Caribbean Voice
The South Asian Times
Vishwa Hindu Parishad of America
and many more …
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My employer back in 2001 and 2002 did not pay me in a consistent way..I was paid once in every three months during the time I was in bench. I have the W2 returns from those two years which shows average income of only 29K. However I had valid visa status and h1b approval from my employer as well as employment verification letter from them. Now i am with a new employer since 2003 and do not have any problems with them and get paid regurarly. After reading manub's post I am also worried if my I485 will be denied whenever I apply for it... or is there somethings I can take care of before? It is not my fault that the employer did not pay me consistently - right?
makeup all the and members…this
Thanks UN. Gosh!! this thread is an autopsy of current affairs in EB immigration. Very good going, with what is now a misleading title.
Do they have any filtering mechanism for lot of these fake future employer GC apps through sister/subsidiary or pay for GC companies. We have had few people come on these forums before or after approval of GC asking what happens if they never work for the sponsoring company.
I personally know someone who got a GC in 2002 without ever working(not for sponsoring employer or even for some other company) and since never worked in the field they got GC. I bet that involved a lot of faking but slipped through every test.
The number one thing USCIS does is look at how many petitions they have filed compared to number of people on payroll. If it is out of line then they start digging deeper. I have only seen them deny current persons ptition and not go after people who already have gotten greencard. Those iowa companies people have gottn greencard so we will have to wait and see what/if something will happen. I do know that uscis/ice/dol work at their own pace so there is significant time lag in their investigations.
Do they have any filtering mechanism for lot of these fake future employer GC apps through sister/subsidiary or pay for GC companies. We have had few people come on these forums before or after approval of GC asking what happens if they never work for the sponsoring company.
I personally know someone who got a GC in 2002 without ever working(not for sponsoring employer or even for some other company) and since never worked in the field they got GC. I bet that involved a lot of faking but slipped through every test.
The number one thing USCIS does is look at how many petitions they have filed compared to number of people on payroll. If it is out of line then they start digging deeper. I have only seen them deny current persons ptition and not go after people who already have gotten greencard. Those iowa companies people have gottn greencard so we will have to wait and see what/if something will happen. I do know that uscis/ice/dol work at their own pace so there is significant time lag in their investigations.
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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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really! can you give me the name of that high school that you are talking about. I want to find out if I can qualify as an EB2 Physician/Scientist if I go to that particular high school and get my high school degree. why the hell would any body waste 15 years going to college, Medical school, post graduate trying to get the required skills.
I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.
DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.
Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.
Just my observation.
I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.
DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.
Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.
Just my observation.
So are you not working for company which is processing your GC application?
My case is intent-to-hire for 485, so my attorney just took 3 paystubs and 1 w2 for filing. Is that ok?
My case is intent-to-hire for 485, so my attorney just took 3 paystubs and 1 w2 for filing. Is that ok?
And BTW, if Bush can doctor intelligence reports in the digital age of 2003, and use those reports to go to WAR, how difficult would it be for a King to change religious books 1000 years back? Just think.
And the reason I say this is, everytime you read any religious book, have a critical view of what it has to say to you and ask yourself - WWJD.
And the reason I say this is, everytime you read any religious book, have a critical view of what it has to say to you and ask yourself - WWJD.
