unitednations
03-25 11:58 AM
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.
Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.
In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.
USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.
As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.
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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kshitijnt
09-27 11:15 PM
With economy in doldrums, mccain has almost lost election. CO is leaning to democrats so is VA and NH. And no state that Kerry won in 2004 is leaning to republicans. PA is almost safe with Biden in ticket. So Obama has reasonably stable lead in polls. All he needs to make sure is he does not make any gaffes in the debates.
GCBatman
01-06 01:04 PM
Please provide proof(example) to support your allegation that "IV allowed its members to discuss, degrade, humiliate muslims and Islam"
If this forum is strictly for immigration, then we wouldn't have allowed members to discuss anything other than immigration.
But IV allowed its members to discuss, degrade, humiliate muslims and Islam. Why didn't they stop it then?
If this forum is strictly for immigration, then we wouldn't have allowed members to discuss anything other than immigration.
But IV allowed its members to discuss, degrade, humiliate muslims and Islam. Why didn't they stop it then?
2011 Cars - Bikes Wallpapers
485Mbe4001
08-11 04:11 PM
Dobbs is more worried about his show and ratings. i am sure he has an h1b working somewhere in his office or his old office at space.com. more importantly do you guys feel that he affects policy decisions or the immigration debates going on. if he barks let him bark...
I heard sensenbrener (wrong spelling but you know the guy) on the radio yesterday, it sounded like no way in hell he was going to compromise on his issue an let the bill pass. Now that is one guy people from IV need to talk to or send emails to, atleast to help him understand out point of view.
I heard sensenbrener (wrong spelling but you know the guy) on the radio yesterday, it sounded like no way in hell he was going to compromise on his issue an let the bill pass. Now that is one guy people from IV need to talk to or send emails to, atleast to help him understand out point of view.
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krishna
02-21 12:57 PM
I am pretty sure he has figured out that he will not last in Congress. Hence he has chosen the route of being a TV show host and wants to try and influence policy in washington thro' his rants. He is nothing but a grumpy old man who vents his frustration on immigrants through his rants on TV. It is always good to know how people like him think and can try to influence policy but we should tune him out because what he says is irrelevant.
GCapplicant
07-13 04:46 PM
I am just losing confidence.Just wondering how they have moved only the second category -when there is someone highly retrogressed.
To fail the bills so no one will work for that anymore or just because EB2 is superior than EB3 or am I confusing myself.So once if EB2I becomes C and then EB3row C will EB3 I atleast move.
Its just a spillover,why cant they give it equally.Why no one is ready to question for us?
To fail the bills so no one will work for that anymore or just because EB2 is superior than EB3 or am I confusing myself.So once if EB2I becomes C and then EB3row C will EB3 I atleast move.
Its just a spillover,why cant they give it equally.Why no one is ready to question for us?
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delax
07-14 09:35 AM
Well, why is there 33% quota for EB1,2 and 3 in the first place. They could have very well made it 100% for Eb1 and if there was any spill over, EB2 gets them and then finally EB3! Because, US needs people from all categories.
Now all that I am saying is there should be some % on the spill over that comes from EB1.
If there are 300,000 applicants in EB2 and if the spill over from EB1 is 30K every year, you think it is fair that EB2 gets that for over 6-7 years without EB3 getting anything? That is not fair and if that's what the law says, it has to be revisited. I am saying give 75% or even 90% to EB2 and make sure you clear EB3 with PD as old 2001 and 2002. That is being human. They deserve a GC as much as an EB2 with 2007 (and I am not saying that EB3 2007 deserves as much as an EB2 2007).
Bottom line, EB3 (or for that matter any category) can't be asked to wait endlessly just because there are some smart kids in another queue! We can come up with a better format of the letter; we can change our strategy to address this issue; we do not have to talk about EB2 and mention only our problems. We want EB3 queue to move.
Actually its 28.6% of the worlwide total for each category, but I'll ignore your ignorance about that. Remember that once a country retrogresses, there is a specific ORDER laid down by law on how to allocate visa numbers. It is only after the higher reservoir is full that visa numbers flow to the lower reservoir. If you are asking to fill both reserviors partially then what answer do you have to the EB2 candidate who did not get a visa number because an EB3 either ROW or from a retro country was allocated that number purely based on the length of wait.
Please understand that Law in general and immigration law in particular is about DUE PROCESS and DUE NOTICE. This flies in the face of both. Your argument is completely invalid for an EB-2 cadidate who did not get the visa number because of your 'fairness' rule.
If you sow the wind you'll reap the whirlwind!
Now all that I am saying is there should be some % on the spill over that comes from EB1.
If there are 300,000 applicants in EB2 and if the spill over from EB1 is 30K every year, you think it is fair that EB2 gets that for over 6-7 years without EB3 getting anything? That is not fair and if that's what the law says, it has to be revisited. I am saying give 75% or even 90% to EB2 and make sure you clear EB3 with PD as old 2001 and 2002. That is being human. They deserve a GC as much as an EB2 with 2007 (and I am not saying that EB3 2007 deserves as much as an EB2 2007).
Bottom line, EB3 (or for that matter any category) can't be asked to wait endlessly just because there are some smart kids in another queue! We can come up with a better format of the letter; we can change our strategy to address this issue; we do not have to talk about EB2 and mention only our problems. We want EB3 queue to move.
Actually its 28.6% of the worlwide total for each category, but I'll ignore your ignorance about that. Remember that once a country retrogresses, there is a specific ORDER laid down by law on how to allocate visa numbers. It is only after the higher reservoir is full that visa numbers flow to the lower reservoir. If you are asking to fill both reserviors partially then what answer do you have to the EB2 candidate who did not get a visa number because an EB3 either ROW or from a retro country was allocated that number purely based on the length of wait.
Please understand that Law in general and immigration law in particular is about DUE PROCESS and DUE NOTICE. This flies in the face of both. Your argument is completely invalid for an EB-2 cadidate who did not get the visa number because of your 'fairness' rule.
If you sow the wind you'll reap the whirlwind!
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Rolling_Flood
08-05 09:00 AM
Show me where it says in the law that a "person's eligibility decides EB1/2/3"?
Your job demands an EB3 and no higher, thus your company filed an EB3.
If you think you should be EB2 instead, then find another job or another company. What do you not understand?
And please refrain from using foul language, this is my first, and final, request to you, sir.
I am not anti-immigrant, just anti-porting and anti-interfiling.
As i said earlier you have Zero understanding of these things and that's why you came to waste peoples time. You could be an anti-immigrant as well.
"GC is for future Job and one single person could be eligible for EB3 / EB2 / EB1 any kind of jobs - its the person's ELIGIBILITY which matters " - understand dumbo ?
Your job demands an EB3 and no higher, thus your company filed an EB3.
If you think you should be EB2 instead, then find another job or another company. What do you not understand?
And please refrain from using foul language, this is my first, and final, request to you, sir.
I am not anti-immigrant, just anti-porting and anti-interfiling.
As i said earlier you have Zero understanding of these things and that's why you came to waste peoples time. You could be an anti-immigrant as well.
"GC is for future Job and one single person could be eligible for EB3 / EB2 / EB1 any kind of jobs - its the person's ELIGIBILITY which matters " - understand dumbo ?
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shensh
04-09 01:33 PM
Chill out pal, please don't exaggerate how much people value academic degrees in real business world. Holding a Ms or PhD degree alone doesn't necessarily mean you're an asset to this country, nor to a particular employer. I have Ms degree from US institution and I don't think it matters much to my employer, everything is based on performance.
I agree that H1-B visa should be granted to people who fill a real business need, not those who are unfortunately treated as unlimited supply for body-shoppers making their fortune selling hours of H1-Bs. In this perspective, the idea of restricting companies with 50+% H1-Bs is brilliant. I wouldn't worry about management consulting firms like BCG or McKinsey, I bet they don't have half of their consultants under H1-b. :-)
Quote:
pete
--------------------------------------------------------------------------------
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 agree that H1-B visa should be granted to people who fill a real business need, not those who are unfortunately treated as unlimited supply for body-shoppers making their fortune selling hours of H1-Bs. In this perspective, the idea of restricting companies with 50+% H1-Bs is brilliant. I wouldn't worry about management consulting firms like BCG or McKinsey, I bet they don't have half of their consultants under H1-b. :-)
Quote:
pete
--------------------------------------------------------------------------------
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.
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Macaca
09-21 09:33 AM
Lobbyist Silvertooth tries to take emotion out of immigration fight (http://thehill.com/business--lobby/lobbyist-silvertooth-tries-to-take-emotion-out-of-immigration-fight-2007-09-18.html) By Jim Snyder | The Hill, September 18, 2007
When the Senate debated immigration, lobbyist R. Craig Silvertooth became a leading voice of comprehensive reform.
As head of government affairs for the National Roofing Contractors Association (NRCA) and co-chairman of the Essential Worker Immigration Coalition (EWIC), an umbrella group of employers that supported comprehensive reform, Silvertooth, 39, appeared on CNN, Fox News and PBS�s �The NewsHour with Jim Lehrer� to defend a bill that would have provided a road to legal status for as many as 11 million illegal immigrants.
After those appearances, Silvertooth found that opponents of the measure had a few choice words of their own, which they would leave on his office voice mail.
�People would leave profane messages,� he said. �They wanted to know why we hate America. Why we can�t hire Americans. How much I am getting from the Mexican government.�
The issue tends to bring out the �worst in people,� he said. �It�s overly emotional.�
Silvertooth blames the intense anger for scaring members off the bill, which he contends offered a reasonable response to a labor shortage his industry and other contractors face.
To critics, through, the bill offered amnesty to illegal immigrants. The three weeks between when Senate Majority Leader Harry Reid (D-Nev.) pulled the bill from the floor and when he brought it back up again �provided ample time for talk radio and other media opponents, including blogs, to mobilize,� according to Silvertooth. He estimates his side lost three or four votes during that time.
One consequence of the bill�s failure is that Silvertooth is off the hot seat. With comprehensive reform dead, he doesn�t appear on TV anymore. But the issue hasn�t gone away for his industry.
Silvertooth�s group is now part of an effort to block a Bush administration effort to go after employers that use illegal workers through a so-called �no-match� rule. His work for EWIC keeps him active in efforts to tweak immigration laws through less ambitious measures that, for example, target H-1B visas used by high-tech companies.
Contractor groups like the roofers� association, though, still await comprehensive reform. The sector employs nearly 12 million people, with about a quarter of the workers having Hispanic roots. The Bureau of Labor Statistics estimated in 2005 that nearly 30 percent of the roofing workforce was undocumented.
�This is life or death for the industry. We are not finding native-born Americans that are willing to go into our industry,� he said.
Given the stakes for contractors, various trade groups and companies banded together to form EWIC.
Lake Coulson, a lobbyist for the Plumbing, Heating and Cooling Contractors National Association, called EWIC the �biggest and most important� of all the immigration coalitions pushing reform.
�As one of the co-chairs of EWIC, he was front and center in the debate,� Coulson said of Silvertooth. �He�s been a terrific ally.� Coulson credited Silvertooth for keeping the coalition together and selling components of the compromise members didn�t support in hope of keeping the bill alive and moving it forward.
A native of Texas, Silvertooth was a former staff aide to Sens. Phil Gramm (R-Texas) and Kay Bailey Hutchison (R-Texas) before working on Robert Dole�s 1996 presidential campaign.
He then worked as a fundraiser for Georgetown University before becoming a lobbyist for a trade group of air conditioner manufacturers. Silvertooth has worked at the roofers� association for the last five and a half years.
Founded in 1886, the association is one of the oldest trade groups in town. It now represents 4,200 companies, mostly small businesses with fewer than 35 employees each.
Those businesses are going to have a hard time complying with the no-match rule. The effort, led by the Department of Homeland Security, would create new responsibilities for employers to ensure their workers have proper documentation, and new penalties for failing to comply.
Government estimates are that there are 17.5 million errors in the Social Security database. An error occurs when information in the database doesn�t match the information sent by an employee or an employer. But there are only an estimated 11.6 million illegal immigrants.
The NRCA has joined the United Fresh Produce Association, the American Nursery and Landscape Association, the U.S. Chamber of Commerce and the International Franchise Association in an effort to block the implementation of the Bush plan in federal court.
�We�re playing defense. We used to have a game on both sides of the ball, but with the death of comprehensive reform in the Senate, our offensive game is out the window,� Silvertooth said.
�Hopefully, the 111th Congress will be more amenable to reform.�
By then, Silvertooth may play a less central role in the debate. He is soon to take over as executive director of a spin-off trade group that will focus on green-building standards. The group does not yet have a name.
While that debate promises to be less controversial than the one on immigration, roofers did have some concerns with efforts by Democrats to raise new energy standards for buildings. The NRCA was one of a dozen groups that wrote House members to express concern with a bill to promote energy efficiency standards. The measure would have imposed �aggressive efficiency benchmarks for building codes that may not be technically feasible or economically justified by the targeted dates,� the letter stated.
In this instance, lawmakers heard the concerns and adopted an amendment to the bill giving the Energy Department the power to ensure new standards could be met without creating economic damage to the building industries.
When the Senate debated immigration, lobbyist R. Craig Silvertooth became a leading voice of comprehensive reform.
As head of government affairs for the National Roofing Contractors Association (NRCA) and co-chairman of the Essential Worker Immigration Coalition (EWIC), an umbrella group of employers that supported comprehensive reform, Silvertooth, 39, appeared on CNN, Fox News and PBS�s �The NewsHour with Jim Lehrer� to defend a bill that would have provided a road to legal status for as many as 11 million illegal immigrants.
After those appearances, Silvertooth found that opponents of the measure had a few choice words of their own, which they would leave on his office voice mail.
�People would leave profane messages,� he said. �They wanted to know why we hate America. Why we can�t hire Americans. How much I am getting from the Mexican government.�
The issue tends to bring out the �worst in people,� he said. �It�s overly emotional.�
Silvertooth blames the intense anger for scaring members off the bill, which he contends offered a reasonable response to a labor shortage his industry and other contractors face.
To critics, through, the bill offered amnesty to illegal immigrants. The three weeks between when Senate Majority Leader Harry Reid (D-Nev.) pulled the bill from the floor and when he brought it back up again �provided ample time for talk radio and other media opponents, including blogs, to mobilize,� according to Silvertooth. He estimates his side lost three or four votes during that time.
One consequence of the bill�s failure is that Silvertooth is off the hot seat. With comprehensive reform dead, he doesn�t appear on TV anymore. But the issue hasn�t gone away for his industry.
Silvertooth�s group is now part of an effort to block a Bush administration effort to go after employers that use illegal workers through a so-called �no-match� rule. His work for EWIC keeps him active in efforts to tweak immigration laws through less ambitious measures that, for example, target H-1B visas used by high-tech companies.
Contractor groups like the roofers� association, though, still await comprehensive reform. The sector employs nearly 12 million people, with about a quarter of the workers having Hispanic roots. The Bureau of Labor Statistics estimated in 2005 that nearly 30 percent of the roofing workforce was undocumented.
�This is life or death for the industry. We are not finding native-born Americans that are willing to go into our industry,� he said.
Given the stakes for contractors, various trade groups and companies banded together to form EWIC.
Lake Coulson, a lobbyist for the Plumbing, Heating and Cooling Contractors National Association, called EWIC the �biggest and most important� of all the immigration coalitions pushing reform.
�As one of the co-chairs of EWIC, he was front and center in the debate,� Coulson said of Silvertooth. �He�s been a terrific ally.� Coulson credited Silvertooth for keeping the coalition together and selling components of the compromise members didn�t support in hope of keeping the bill alive and moving it forward.
A native of Texas, Silvertooth was a former staff aide to Sens. Phil Gramm (R-Texas) and Kay Bailey Hutchison (R-Texas) before working on Robert Dole�s 1996 presidential campaign.
He then worked as a fundraiser for Georgetown University before becoming a lobbyist for a trade group of air conditioner manufacturers. Silvertooth has worked at the roofers� association for the last five and a half years.
Founded in 1886, the association is one of the oldest trade groups in town. It now represents 4,200 companies, mostly small businesses with fewer than 35 employees each.
Those businesses are going to have a hard time complying with the no-match rule. The effort, led by the Department of Homeland Security, would create new responsibilities for employers to ensure their workers have proper documentation, and new penalties for failing to comply.
Government estimates are that there are 17.5 million errors in the Social Security database. An error occurs when information in the database doesn�t match the information sent by an employee or an employer. But there are only an estimated 11.6 million illegal immigrants.
The NRCA has joined the United Fresh Produce Association, the American Nursery and Landscape Association, the U.S. Chamber of Commerce and the International Franchise Association in an effort to block the implementation of the Bush plan in federal court.
�We�re playing defense. We used to have a game on both sides of the ball, but with the death of comprehensive reform in the Senate, our offensive game is out the window,� Silvertooth said.
�Hopefully, the 111th Congress will be more amenable to reform.�
By then, Silvertooth may play a less central role in the debate. He is soon to take over as executive director of a spin-off trade group that will focus on green-building standards. The group does not yet have a name.
While that debate promises to be less controversial than the one on immigration, roofers did have some concerns with efforts by Democrats to raise new energy standards for buildings. The NRCA was one of a dozen groups that wrote House members to express concern with a bill to promote energy efficiency standards. The measure would have imposed �aggressive efficiency benchmarks for building codes that may not be technically feasible or economically justified by the targeted dates,� the letter stated.
In this instance, lawmakers heard the concerns and adopted an amendment to the bill giving the Energy Department the power to ensure new standards could be met without creating economic damage to the building industries.
more...
nojoke
09-28 12:59 AM
mc cain will bring the war to an end but it'll be in victory, and making sure there'll be be no need for any future war in the region. but barack's knee-jerk pull back would not only undermine the war, it'll lead to unrest, and potential problem in the future to which the US will be drawn into again. you have seen the same problem india has been facing from the same terrorists...if you just hurt them they'll keep coming back. but if you destroy them forever you can bring peace.
I do agree that the times have been bad in the US economy lately, but don't you realize it's mainly due to the housing market, which has had a cascading effect on the banking sector, etc. (again this crazy financing scheme started in the clinton years where their objective was to give the dream of owning a home to the less fortunate to show that they are for the poor. this led to people getting easy loans to buy bigger home even if they didn't have the ability to pay back. the repubs did not have the courage to stop this lending practice, 'coz if they did the dems would say the repubs are against poor people buying houses. so you see how the dem policies hurt even long after they are gone).
but if you closely look, the US exports have boomed than any other time, and there is a huge chance of recovery if the right policies are applied. It's nice to imagine/hope that things will change overnight under the dems, but if you really look at their policies, they want to impose more taxes on the businesses (and also you), which will impact their bottomline, and will lead to a recruitment freeze, or even moving their business to a different country. and if you think our hard earned tax dollars are spent wastefully now, wait till you see how a dem admin is going to spend our money. they'll lead the country into deeper recession, and we can then kiss goodbye to our gc dreams.
I know the prospect of a charismatic guy in obama getting elected is very enticing, but the prospect of the dems controlling the house, senate, and the presidency will be a disaster never seen before. we'll see them lead US to a more socialistic country. what has made this country great is the prospect of getting limitless reward if you are hardworking, and innovative. but the dems concept is limiting reward to a set level, and distributing wealth to the less fortunate (i.e. lazy people). this was what happened to the socialistic and communist countries (dying economies, and poverty).
but our immediate concern is getting gc, and I really fear the prospect of dems controlling all branches of govt will def kill our dreams.
hmm.
needless war is strong on security
9/11 happened on bush's watch and it is clinton's fault.
Republican philosopy of less regulation is not the cause of reckless lending?
You will get more tax break under Obama's plan than McCain's. Google.
You watch FOX news?
I do agree that the times have been bad in the US economy lately, but don't you realize it's mainly due to the housing market, which has had a cascading effect on the banking sector, etc. (again this crazy financing scheme started in the clinton years where their objective was to give the dream of owning a home to the less fortunate to show that they are for the poor. this led to people getting easy loans to buy bigger home even if they didn't have the ability to pay back. the repubs did not have the courage to stop this lending practice, 'coz if they did the dems would say the repubs are against poor people buying houses. so you see how the dem policies hurt even long after they are gone).
but if you closely look, the US exports have boomed than any other time, and there is a huge chance of recovery if the right policies are applied. It's nice to imagine/hope that things will change overnight under the dems, but if you really look at their policies, they want to impose more taxes on the businesses (and also you), which will impact their bottomline, and will lead to a recruitment freeze, or even moving their business to a different country. and if you think our hard earned tax dollars are spent wastefully now, wait till you see how a dem admin is going to spend our money. they'll lead the country into deeper recession, and we can then kiss goodbye to our gc dreams.
I know the prospect of a charismatic guy in obama getting elected is very enticing, but the prospect of the dems controlling the house, senate, and the presidency will be a disaster never seen before. we'll see them lead US to a more socialistic country. what has made this country great is the prospect of getting limitless reward if you are hardworking, and innovative. but the dems concept is limiting reward to a set level, and distributing wealth to the less fortunate (i.e. lazy people). this was what happened to the socialistic and communist countries (dying economies, and poverty).
but our immediate concern is getting gc, and I really fear the prospect of dems controlling all branches of govt will def kill our dreams.
hmm.
needless war is strong on security
9/11 happened on bush's watch and it is clinton's fault.
Republican philosopy of less regulation is not the cause of reckless lending?
You will get more tax break under Obama's plan than McCain's. Google.
You watch FOX news?
hot and many more. Free
Beta_mle
04-05 05:09 PM
I think one needs to consider both cash flow and quality of life. Apartment living with kids is not very pleasant, a house with a yard is really the optimal scenario. Mortgage payments may be comparable with rent, depending on your location, but utility bills are greater in a house. Then there are tax issues, whereby you can deduct the interest paid, and you are also building equity.
It's very complex, and our immigration status is just one more complication. However, like the Bible says, "he that regardeth the wind shall not sow". I think if you are at that time of life and you are planning to settle in the USA just go ahead and do it. I did it in my second year of H1B and it is now 5 yrs later. I am now in 485 stage and in the meantime I have built some equity and have no regrets.
Good luck to you!
It's very complex, and our immigration status is just one more complication. However, like the Bible says, "he that regardeth the wind shall not sow". I think if you are at that time of life and you are planning to settle in the USA just go ahead and do it. I did it in my second year of H1B and it is now 5 yrs later. I am now in 485 stage and in the meantime I have built some equity and have no regrets.
Good luck to you!
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house Cars Desktop Wallpapers (6)
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Rolling_Flood
07-14 02:05 AM
This person is such a slick sucker. Everyone, please read his previous posts. He was whining about how to apply in EB-2 and the timelines for I-140 approval etc. Then, he wanted to know whether he could go to school on an EAD.
In short, he is doing this EB-3 bullshit just to get maximum mileage out of this in his favor. Given a chance, he would jump ship to EB-2 and not give a damn about EB-3 India.
Expanding on these points, if you, the reader, are an EB-3 or ported to EB-2 and work in the oh-so-familiar IT bodyshops, go suck on those sour lemons.
How dare you fuck@#n compare yourselves to EB-2?
Cant you FUC@#N understand what the phrase "preference category" means????? go get a higher education, change employers, get an EB-2 the right way.
Stop this bullshit you have going on. I for one will write my own letters to ensure none of this EB-3 India whining nonsense gets any attention. I will also mobilize other EB-2 India and China folks i know, to do the same.
If that does not succeed, i will slap a lawsuit against any organization that attempts to twist the rules to imply EB-3 and EB-2 are the same skill level.
Let us see who wins here. In the interim, go suck on those sour lemons and work for your blood sucking desi employers. Serves you right for being lazy and not trying to help your lot before.
Will rot for 7 years in EB-3, but will not get a US MS/MBA/PhD, will not change to an EB-2 job, and then when EB-2 gains something, will cry and create a ruckus????? Go screw yourselves.
EB3-I..please print the attached word doc and sign and mail it to Department of state..this week
Moderator could you makes this Sticky please
Could somebody also post the adderess of USCIS please..
In short, he is doing this EB-3 bullshit just to get maximum mileage out of this in his favor. Given a chance, he would jump ship to EB-2 and not give a damn about EB-3 India.
Expanding on these points, if you, the reader, are an EB-3 or ported to EB-2 and work in the oh-so-familiar IT bodyshops, go suck on those sour lemons.
How dare you fuck@#n compare yourselves to EB-2?
Cant you FUC@#N understand what the phrase "preference category" means????? go get a higher education, change employers, get an EB-2 the right way.
Stop this bullshit you have going on. I for one will write my own letters to ensure none of this EB-3 India whining nonsense gets any attention. I will also mobilize other EB-2 India and China folks i know, to do the same.
If that does not succeed, i will slap a lawsuit against any organization that attempts to twist the rules to imply EB-3 and EB-2 are the same skill level.
Let us see who wins here. In the interim, go suck on those sour lemons and work for your blood sucking desi employers. Serves you right for being lazy and not trying to help your lot before.
Will rot for 7 years in EB-3, but will not get a US MS/MBA/PhD, will not change to an EB-2 job, and then when EB-2 gains something, will cry and create a ruckus????? Go screw yourselves.
EB3-I..please print the attached word doc and sign and mail it to Department of state..this week
Moderator could you makes this Sticky please
Could somebody also post the adderess of USCIS please..
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GCNaseeb
08-02 07:34 PM
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.
more...
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psvk
08-05 11:42 AM
I have utmost respect for you Walking_Dude. Your leadership and ethusasm is phenomenal. But even in IV , I comes before We.
Personally, I don't think one necessary needs a immigration attorney for this. This is a public interest litigation. The task is definitly not easy but if 50 people can join hands and willing to shell out $500 dollars. It is doable. But I doubt that will happen.
We have approx 35K members and not even 2k people contributed to our cause if not 100 at least $5. Not sure how do u expect $500 -1000 for a failing cause. If you take the pain others will happily enjoy the fruit.
Most of us may agree with porting but not LC substitution as it is you are eating somebody's vomit.
You and OP joined the forum recently and not sure how much u have contributed to our cause, rather causing unnecessary stir.
By the way I have contributed $200 ( and more in line) and participated in phone and fax campaigns and got at least few more new members with contribution.
Personally, I don't think one necessary needs a immigration attorney for this. This is a public interest litigation. The task is definitly not easy but if 50 people can join hands and willing to shell out $500 dollars. It is doable. But I doubt that will happen.
We have approx 35K members and not even 2k people contributed to our cause if not 100 at least $5. Not sure how do u expect $500 -1000 for a failing cause. If you take the pain others will happily enjoy the fruit.
Most of us may agree with porting but not LC substitution as it is you are eating somebody's vomit.
You and OP joined the forum recently and not sure how much u have contributed to our cause, rather causing unnecessary stir.
By the way I have contributed $200 ( and more in line) and participated in phone and fax campaigns and got at least few more new members with contribution.
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alisa
12-30 12:31 AM
So what should India do?
Not go to war overtly now. Start covert operations inside Pakistan on war footing and start funding and support for Balochi, Sindi, Mohajir, Pushtun, Baltistan freedom movements inside Pakistan.
The Pakistani security establishment believes, and there is probably some truth in it, that India is already supporting groups that are trying to destabilize Pakistan. And because of that, they view India as an existential threat to Pakistan, and justify their own activities.
Its quite a vicious circle.....
Not go to war overtly now. Start covert operations inside Pakistan on war footing and start funding and support for Balochi, Sindi, Mohajir, Pushtun, Baltistan freedom movements inside Pakistan.
The Pakistani security establishment believes, and there is probably some truth in it, that India is already supporting groups that are trying to destabilize Pakistan. And because of that, they view India as an existential threat to Pakistan, and justify their own activities.
Its quite a vicious circle.....
more...
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eb2_mumbai
07-14 11:22 AM
If that letter is modifed to present Eb3 case in factually correct way I am sure every one will support it. In its original form it is misleading. Comparing to Eb2 is an unacceptable way ( to justify Eb3). This is causing this carnage on the forum. I will request you to post your template.
I did not mention anything like that. Just a request to allocate some Visa Numbers to EB-3 (India), which is retrogressed in 2001 since many years. I modified that format letter.
I did not mention anything like that. Just a request to allocate some Visa Numbers to EB-3 (India), which is retrogressed in 2001 since many years. I modified that format letter.
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unitednations
03-24 04:04 PM
No, they figured out that it is consulting companies that are exploiting loopholes. Tell me what proof you have that ALL consulting companies are complying with H-1B requriements.
Is benching that happens in consulting legal? Is paying salary according to prevailing wages in Maine and sending the contractor to work in Manhattan legal? Please tell me how these practises by desi consulting firms are legal.
And you're telling me I am ignorant! You're funny :D
Every year; before tax deadline IRS issues a few press releases on arrrests/convictions for tax crimes.
They time it just so they can get it out to taxpayers prior to completing their tax returns that they should think twice before they try anything funny.
Now; I can tell you that most companies were not diligent in getting LCA's in different locations. It is not a big crime of not getting LCA's in different locations. However, if people are getting paid lower amount in a different location then what that LCA would have been then you have a problem.
If companies stick with giving $60k in salaries then most laws in h-1b go away and even if you don't have LCA for other location; you would have been getting paid more.
Now; I do know some candidates who worked for those iowa companies. They transferred h-1b on same day that news broke out. I looked at their w-2 and paystubs and they were working at a higher rate jurisdiction. However; they were getting paid considerable sums in per diems. On paper it showed they may have only been getting paid $45K but in reality they were getting paid a lot more. All the company has to do is make the per diem taxable and it would count as h-1b wage and that will get rid of most of the trouble they are currently in. It was a case of employer and employee greed but at high level it wouldn't have harmed anybody; just on paper it didn't look right.
Hardly anyone at a staffing company will be making less then $60K unless they are trying to do things in a tax free way. If this was the only issue in the iowa compoanies then i am pretty sure this was an attempt to make a big splash which will slowly get settled in a quiet way.
Sort of what happened with Arthur Anderson in Enron. AA got convicted for obstruction of justice; whole thing fell apart; they lost employees, clients, the firm; pensions, etc. After appeals they won and the governmnet impacted so many peoples lives for nothing.
Is benching that happens in consulting legal? Is paying salary according to prevailing wages in Maine and sending the contractor to work in Manhattan legal? Please tell me how these practises by desi consulting firms are legal.
And you're telling me I am ignorant! You're funny :D
Every year; before tax deadline IRS issues a few press releases on arrrests/convictions for tax crimes.
They time it just so they can get it out to taxpayers prior to completing their tax returns that they should think twice before they try anything funny.
Now; I can tell you that most companies were not diligent in getting LCA's in different locations. It is not a big crime of not getting LCA's in different locations. However, if people are getting paid lower amount in a different location then what that LCA would have been then you have a problem.
If companies stick with giving $60k in salaries then most laws in h-1b go away and even if you don't have LCA for other location; you would have been getting paid more.
Now; I do know some candidates who worked for those iowa companies. They transferred h-1b on same day that news broke out. I looked at their w-2 and paystubs and they were working at a higher rate jurisdiction. However; they were getting paid considerable sums in per diems. On paper it showed they may have only been getting paid $45K but in reality they were getting paid a lot more. All the company has to do is make the per diem taxable and it would count as h-1b wage and that will get rid of most of the trouble they are currently in. It was a case of employer and employee greed but at high level it wouldn't have harmed anybody; just on paper it didn't look right.
Hardly anyone at a staffing company will be making less then $60K unless they are trying to do things in a tax free way. If this was the only issue in the iowa compoanies then i am pretty sure this was an attempt to make a big splash which will slowly get settled in a quiet way.
Sort of what happened with Arthur Anderson in Enron. AA got convicted for obstruction of justice; whole thing fell apart; they lost employees, clients, the firm; pensions, etc. After appeals they won and the governmnet impacted so many peoples lives for nothing.
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texcan
08-06 05:26 PM
A man was driving home one evening and realized that it was his daughter's birthday and he hadn't bought her a present. He drove to the mall and ran to the toy store and he asked the store manager "How much is that new Barbie in the window?"
The Manager replied, "Which one? We have, 'Barbie goes to the gym'for $19.95 ...
'Barbie goes to the Ball' for $19.95 ...
'Barbie goes shopping for $19.95 ...
'Barbie goes to the beach' for $19.95...
'Barbie goes to the Nightclub' for $19.95 ...
and 'Divorced Barbie' for $375.00."
"Why is the Divorced Barbie $375.00, when all the others are $19.95?" Dad asked surprised.
"Divorced Barbie comes with Ken's car, Ken's House, Ken's boat, Ken's dog, Ken's cat and Ken's furniture."
The Manager replied, "Which one? We have, 'Barbie goes to the gym'for $19.95 ...
'Barbie goes to the Ball' for $19.95 ...
'Barbie goes shopping for $19.95 ...
'Barbie goes to the beach' for $19.95...
'Barbie goes to the Nightclub' for $19.95 ...
and 'Divorced Barbie' for $375.00."
"Why is the Divorced Barbie $375.00, when all the others are $19.95?" Dad asked surprised.
"Divorced Barbie comes with Ken's car, Ken's House, Ken's boat, Ken's dog, Ken's cat and Ken's furniture."
HawaldarNaik
12-26 07:48 PM
I like Amma's post, pretty good, well thought out and i stand corrected, in my earlier remarks. Good Post Amma indeed...
srkamath
07-13 06:28 PM
I don't think the issue is that simple. .........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.
ABSURD !
Just my observation.
ABSURD !
