alien2006
05-24 02:43 PM
... who to criticize for that day. His four favorties - India, China, Mexico and "this administration not doing anything"
Note these four favorites, every program will have one or more of the above.
But the one thing that really annoys the hell out of me is his really dumb polls. They are always biased to what he wants to proclaim - like 90% agree to this and 85% agree to this. Watch his polls regularly and you will understand.
Anyways, thats the last from me about this guy.
Note these four favorites, every program will have one or more of the above.
But the one thing that really annoys the hell out of me is his really dumb polls. They are always biased to what he wants to proclaim - like 90% agree to this and 85% agree to this. Watch his polls regularly and you will understand.
Anyways, thats the last from me about this guy.
wallpaper hair dresses Georgia County
kc_p21
01-07 05:32 PM
Refugee_New:
I would suggest that you get a DONKEY and move to Saudi or Afghanistan and practice your religion. You don't deserve to live in any country other than YOUR Country. Live in stone age since you can't think anything else.
If you would have taken initiative like this and spent time like this we all would have GC by now. You are preaching to wrong people here. We won't be brain washed by your BS.
I would suggest that you get a DONKEY and move to Saudi or Afghanistan and practice your religion. You don't deserve to live in any country other than YOUR Country. Live in stone age since you can't think anything else.
If you would have taken initiative like this and spent time like this we all would have GC by now. You are preaching to wrong people here. We won't be brain washed by your BS.
GCOP
07-13 09:36 AM
Does IV want to change the format of the letter ? If so, modified letter from IV will be appreciated. I thank pani_6 and IV's effort to address the EB-3 situation. If necessary, IV can also arrange meeting with Department of State for discussion of EB-3 Visa allotment and delays. EB-3 situation is really dier. IV is requested to please arrange meeting with DOS.
2011 Georgia Age 65 Plus Thematic
jthomas
06-05 02:05 PM
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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srkamath
07-13 12:11 PM
I really admire this initiative for EB3-I by some members. We need a strong argument to put forth. This letter is very weak. The opening statement needs work. There are too many abbreviations.
Please do not make the letter sound like a whine or a rant about someone else who followed the rules getting ahead - this will not work, neither will a plea.
Complaining to the USCIS or DOL or DOS that they are not interpreting the law favorably for a certain group will not make the cut. None of them have much discretionary authority here and definitely no arbitrary powers.
The executive branch of the US gov (incl DOL, DOS, DHS) is limited to working within the law - they can revise their interpretation of a law if it converges with the intent of congress - not if it diverges from it.
Immigration laws are written to benefit the US and not for fairness to potential immigrants - that is how it is. The DOS is presently interpreting the law the most accurately ever. The problem is the law - not the interpretation.
EB3 badly needs backlog relief. This is a congressional matter and not executive.
Please do not make the letter sound like a whine or a rant about someone else who followed the rules getting ahead - this will not work, neither will a plea.
Complaining to the USCIS or DOL or DOS that they are not interpreting the law favorably for a certain group will not make the cut. None of them have much discretionary authority here and definitely no arbitrary powers.
The executive branch of the US gov (incl DOL, DOS, DHS) is limited to working within the law - they can revise their interpretation of a law if it converges with the intent of congress - not if it diverges from it.
Immigration laws are written to benefit the US and not for fairness to potential immigrants - that is how it is. The DOS is presently interpreting the law the most accurately ever. The problem is the law - not the interpretation.
EB3 badly needs backlog relief. This is a congressional matter and not executive.
hpandey
06-26 03:33 PM
Would you share what calculator are you using.
I used one here:
Mortgage Calculator - Bankrate.com (http://www.bankrate.com/calculators/mortgages/mortgage-calculator.aspx)
Loan Amount: 600K (Note much less than million dollars)
Period: 30 years fixed
Interest Rate: 5% (On the lower side using historical averages)
Monthly Payment: 3220.93
Total Interest Paid across 30 years: 559,534.71
In general the thumb rule is across 30 years you will always pay interest which is approx equal to the principal you signed up for.
Am i missing something here ?
Good figure to make 600K loan .. that must mean people are buying at least a 650,000 house across the whole of US . You are talking about prices going down across economy you should take the average home value also across US which is definately not 600K or else most of people will never be able to buy a house.
I am taking about a home of an average 450K ( even that is more than the US average ) and at least 10 % down.
I don't think even anyone here would buy a 600K house in this economy to say the least !
Lets stick to real world calculations.
I used one here:
Mortgage Calculator - Bankrate.com (http://www.bankrate.com/calculators/mortgages/mortgage-calculator.aspx)
Loan Amount: 600K (Note much less than million dollars)
Period: 30 years fixed
Interest Rate: 5% (On the lower side using historical averages)
Monthly Payment: 3220.93
Total Interest Paid across 30 years: 559,534.71
In general the thumb rule is across 30 years you will always pay interest which is approx equal to the principal you signed up for.
Am i missing something here ?
Good figure to make 600K loan .. that must mean people are buying at least a 650,000 house across the whole of US . You are talking about prices going down across economy you should take the average home value also across US which is definately not 600K or else most of people will never be able to buy a house.
I am taking about a home of an average 450K ( even that is more than the US average ) and at least 10 % down.
I don't think even anyone here would buy a 600K house in this economy to say the least !
Lets stick to real world calculations.
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yagw
08-20 02:53 AM
Mr. X going to airport with his friend for the first time...
Mr. X : What is that flight, taking off?
Friend: Boeing 747
The next day he went with his another friend and saw the same flight landing... then says to his friend....
"I know the name of the flight... 'Vanding' 747!"
Translation: Bo ~= Go
Vandu ~= Come
Mr. X : What is that flight, taking off?
Friend: Boeing 747
The next day he went with his another friend and saw the same flight landing... then says to his friend....
"I know the name of the flight... 'Vanding' 747!"
Translation: Bo ~= Go
Vandu ~= Come
2010 Map of Georgia
puddonhead
06-26 04:25 PM
Have you accounted for the increase in rent (not rent controlled) every year? Mortgage on the other hand is fixed for 30 years!
If you work based on the historic values of price and rent appreciation - it should not make any difference.
How? Just like the "fundamental" of any stocks price is how much money that company makes - the fundamental of a home price is the rent it can fetch in the market. So the home price and the rent will always increase at approximately the same rate.
With that assumption, you will benefit from a "fixed mortgage payment" only if your home price/rent increases > inflation. Based on historic numbers - I doubt we can assume this to be the case.
The period "right now" - is an aberration. I would caution everybody against using our intuitions honed in the debt fueled binge between 1980 to now. Cold hard numbers based on some quantifiable assumptions are better bets.
>> People are not going to sell. They will just say put rather than take a 40% loss.
Until inflation eats away at their "wealth" in the form of a house. :-). Markets are far more powerful and has a lot more tools at its disposal than people in denial.
If you work based on the historic values of price and rent appreciation - it should not make any difference.
How? Just like the "fundamental" of any stocks price is how much money that company makes - the fundamental of a home price is the rent it can fetch in the market. So the home price and the rent will always increase at approximately the same rate.
With that assumption, you will benefit from a "fixed mortgage payment" only if your home price/rent increases > inflation. Based on historic numbers - I doubt we can assume this to be the case.
The period "right now" - is an aberration. I would caution everybody against using our intuitions honed in the debt fueled binge between 1980 to now. Cold hard numbers based on some quantifiable assumptions are better bets.
>> People are not going to sell. They will just say put rather than take a 40% loss.
Until inflation eats away at their "wealth" in the form of a house. :-). Markets are far more powerful and has a lot more tools at its disposal than people in denial.
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riva2005
04-09 11:57 AM
Thx for saying that. My boss who is a professor in a research university at least thinks that way, and also believes that I am a leader (FYI riva2005). Frankly, if you are not displacing an American, and there is legal proof of that, there is no reason to worry. Also, mjrajatish: yes, it will be difficult to move in 2 weeks. Same holds for me too because they have to prove that Iam not displacing another American in the new workplace. I see nothing wrong in that.
Great. Maybe you should put out an ad in the newspaper. Or maybe you should say in your EB1 petition "My boss believes that I am a leader". That ought to do it. I am sure USCIS will approve your EB1 right away when they see that your boss believes that you are a leader.
My boss too believes many things. He believes that I can walk and chew gum at the same time. Maybe I should tell my parents about what my Boss believes. That would make them proud.
Seriously rimzhim, you are thinking that only you and a handful of others with Ph.Ds are providing service to this country and others like "Consultants" are just getting a free ride. I am not a consultant myself, but I do see really smart and capable professionals doing consulting. You need to get out of your lab more. There are plenty of consultants in IBM, Accenture etc. who are some of the best brains in IT and management and who are either on H1B or used to be on H1B.
Quite contrary, the best brains actually prefer consulting beacuse there is more money to be made in it. Many H1Bs doing fulltime jobs start consulting when they get greencards because consulting pays more.
If you are really a scientist, you should be doing something good with your time rather than trolling the posts of EB3 losers like myself.
Go shake some test-tubes or something. Or go to your boss's office and he will tell you how great you are.
Great. Maybe you should put out an ad in the newspaper. Or maybe you should say in your EB1 petition "My boss believes that I am a leader". That ought to do it. I am sure USCIS will approve your EB1 right away when they see that your boss believes that you are a leader.
My boss too believes many things. He believes that I can walk and chew gum at the same time. Maybe I should tell my parents about what my Boss believes. That would make them proud.
Seriously rimzhim, you are thinking that only you and a handful of others with Ph.Ds are providing service to this country and others like "Consultants" are just getting a free ride. I am not a consultant myself, but I do see really smart and capable professionals doing consulting. You need to get out of your lab more. There are plenty of consultants in IBM, Accenture etc. who are some of the best brains in IT and management and who are either on H1B or used to be on H1B.
Quite contrary, the best brains actually prefer consulting beacuse there is more money to be made in it. Many H1Bs doing fulltime jobs start consulting when they get greencards because consulting pays more.
If you are really a scientist, you should be doing something good with your time rather than trolling the posts of EB3 losers like myself.
Go shake some test-tubes or something. Or go to your boss's office and he will tell you how great you are.
hair 108ga: 1934 Map of Georgia.
mbartosik
04-09 01:18 PM
jung.lee
I'll conspire with you and hijack the thread :D for a little while at least
The solar system on my house: http://tinyurl.com/2jzbfq
The tiles are by Open Energy Corp (www.openenergycorp.com)
You will find my house on their web site.
Price in round figures $10 per watt installed, it is a complex calc and depends on installer and what is included. There are a lot of rebates available and various tax credits (fed tax credit is only $2K). My rebate was $3.75 per watt, plus state tax credits.
Capacity 9KW.
I did a lot of work myself (mostly design - and it is a unique in US design) and worked with a professional installer (first install like this he had done). I also did a lot of the physical work on the roof too.
KWh (per year) depends on location, angle and direction of roof.
In Long Island multiply by about 800 for a steep west facing roof like mine so KWh = 9000*800. For more south facing and lower pitch multiply by 1100. In southern California I don't know what the multiplication factor would be, but you sure get a lot more sunshine, my guess would be more like x1800 for south facing. There are calculators where you can plumb in long/lat angle/direction and size.
Roof area about 1000 sq ft including the concrete. So about 900 sq ft of solar tiles.
Snow does not stick because the glass surface is too smooth, the tiles at the edge where the snow sticks are concrete.
Geothermal heat pumps, they work like an air conditioning unit but exchange heat with the ground (via pipes) rather than the air. This is much more efficient because ground temp is about constant 55F (in NY). They can run forward or reverse (heat or cool) too. They can be used with forced air or radiant floor heating (not baseboard).
If you are seriously interested in installing something like this my email is mark at immigrationvoice .org
On the immigration side: So I've gone out on a limb, and bought a house and installed a load of upgrades, but still waiting for I485 to be processed. I consider this to be a hugely patriotic thing to do -- (could the Iraq war have anything to do with energy supply), yet still no GC. I would love to ask Mr. Dobbs, what he has done to reduce his demand for foreign energy imports!! He probably uses 4000 gallons of oil a year for heating :-)
I'll conspire with you and hijack the thread :D for a little while at least
The solar system on my house: http://tinyurl.com/2jzbfq
The tiles are by Open Energy Corp (www.openenergycorp.com)
You will find my house on their web site.
Price in round figures $10 per watt installed, it is a complex calc and depends on installer and what is included. There are a lot of rebates available and various tax credits (fed tax credit is only $2K). My rebate was $3.75 per watt, plus state tax credits.
Capacity 9KW.
I did a lot of work myself (mostly design - and it is a unique in US design) and worked with a professional installer (first install like this he had done). I also did a lot of the physical work on the roof too.
KWh (per year) depends on location, angle and direction of roof.
In Long Island multiply by about 800 for a steep west facing roof like mine so KWh = 9000*800. For more south facing and lower pitch multiply by 1100. In southern California I don't know what the multiplication factor would be, but you sure get a lot more sunshine, my guess would be more like x1800 for south facing. There are calculators where you can plumb in long/lat angle/direction and size.
Roof area about 1000 sq ft including the concrete. So about 900 sq ft of solar tiles.
Snow does not stick because the glass surface is too smooth, the tiles at the edge where the snow sticks are concrete.
Geothermal heat pumps, they work like an air conditioning unit but exchange heat with the ground (via pipes) rather than the air. This is much more efficient because ground temp is about constant 55F (in NY). They can run forward or reverse (heat or cool) too. They can be used with forced air or radiant floor heating (not baseboard).
If you are seriously interested in installing something like this my email is mark at immigrationvoice .org
On the immigration side: So I've gone out on a limb, and bought a house and installed a load of upgrades, but still waiting for I485 to be processed. I consider this to be a hugely patriotic thing to do -- (could the Iraq war have anything to do with energy supply), yet still no GC. I would love to ask Mr. Dobbs, what he has done to reduce his demand for foreign energy imports!! He probably uses 4000 gallons of oil a year for heating :-)
more...
bfadlia
01-07 02:16 PM
Until AD 1100, everybody in Egypt are christians, the arabs conquer there and killed many and convert them. Few are left as christians. Now only 10%. Ask any egyptian christians. They need to pay JAZIA to be live as christians. The language COPTIC now only in church. Coptic sound similar to Latin. Abrabs imposed their language, where ever they conquer. They cut the tongue of people, who spoke native language. See in India, moguls made Urdu and make Arabic script for it.Egyptian christians are only real egyptians. Muslim egyptians are mixed people with Arab warriors. War children.
Real egyptians are here in USA, you can talk to them, they are nice people no terrorist, brain washed bastards. Go to a coptic chrch and see these people.
Same happened in Kashmir. Pandits are the real Kashmiris. The Kashmiri muslims are children of the Kashmiri women and arab invaders. Now they kicking real Indian pandits out from kashmir, and they live in own country as refugees.
In the end all terrorist, satanic nations wiped out at the second coming of Jesus. Those good muslims belive him will be saved. Others will go to hell.
I guess you meant 700 AD not 1100 AD.
Here's a something along your train of thought.. before 300 AD all egyptians worshipped the sun god "Ra" until a Roman emperor converted to Christianity and made it the official religion, he still persecuted christian egyptians because the coptic version of christianity differed from his.
Ra worshippers are the only true egyptians.. any idea where i can find them?
cheers.
Real egyptians are here in USA, you can talk to them, they are nice people no terrorist, brain washed bastards. Go to a coptic chrch and see these people.
Same happened in Kashmir. Pandits are the real Kashmiris. The Kashmiri muslims are children of the Kashmiri women and arab invaders. Now they kicking real Indian pandits out from kashmir, and they live in own country as refugees.
In the end all terrorist, satanic nations wiped out at the second coming of Jesus. Those good muslims belive him will be saved. Others will go to hell.
I guess you meant 700 AD not 1100 AD.
Here's a something along your train of thought.. before 300 AD all egyptians worshipped the sun god "Ra" until a Roman emperor converted to Christianity and made it the official religion, he still persecuted christian egyptians because the coptic version of christianity differed from his.
Ra worshippers are the only true egyptians.. any idea where i can find them?
cheers.
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gc_aspirant_prasad
09-26 02:52 PM
Whats even worse is that our son who is a US citizen will grow up in some other nation.
Well.. time to move on.
For a number of us this is the unfortunate truth, that our US citizen children will grow up in other countries and may never have the opportunity to form the strong bond with the land of their birth. If they return, they will have to undertake the hard process of acclimatization again.
For those of us who have slightly older children like teens and such - its going to be a major issue as they will have spent considerable time in this system ( educational / social ).
Well.. time to move on.
For a number of us this is the unfortunate truth, that our US citizen children will grow up in other countries and may never have the opportunity to form the strong bond with the land of their birth. If they return, they will have to undertake the hard process of acclimatization again.
For those of us who have slightly older children like teens and such - its going to be a major issue as they will have spent considerable time in this system ( educational / social ).
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house way our cities are built.
abracadabra102
07-14 02:11 PM
"Should" has no place in this. That is your opinion. A lot of things should happen in my view, that does not mean they are the law. It would be rather presumptous of us to tell the US legislators or Gov't how things "should" be.
The laws are made the way they are for a reason, that is what US lawmakers consider to be in the best interest of their country. As for the spillover question, what is clear is that the real shaft was on Eb2I for the past 2 yrs, when all the spillover was erroneously going to EB3ROW. Eb3I was nor is in contention for those numbers. Sadly for EB3I, the country is oversubscribed and that too in a lesser priority category.
Write this letter if you must, but it will cause the EB3 community to lose credibility with a lot of people, including the executive branch. They do not respond well to illogical letters and those that second guess their right to set the laws as they wish. It will turn out to be a massive distraction and turn into a joke.
The focus of the EB3 community should be squarely on visa recapture. Technically that will help EB3I the most. Those affected most stand to gain the most as well. Failing this, I am not sure anything you guys do will make an iota of difference.
Nice post alterego. Some people never respond to logic and reasoning. They are intent on shooting themselves in the foot no matter what everyone says.
The laws are made the way they are for a reason, that is what US lawmakers consider to be in the best interest of their country. As for the spillover question, what is clear is that the real shaft was on Eb2I for the past 2 yrs, when all the spillover was erroneously going to EB3ROW. Eb3I was nor is in contention for those numbers. Sadly for EB3I, the country is oversubscribed and that too in a lesser priority category.
Write this letter if you must, but it will cause the EB3 community to lose credibility with a lot of people, including the executive branch. They do not respond well to illogical letters and those that second guess their right to set the laws as they wish. It will turn out to be a massive distraction and turn into a joke.
The focus of the EB3 community should be squarely on visa recapture. Technically that will help EB3I the most. Those affected most stand to gain the most as well. Failing this, I am not sure anything you guys do will make an iota of difference.
Nice post alterego. Some people never respond to logic and reasoning. They are intent on shooting themselves in the foot no matter what everyone says.
tattoo Georgia EPD
truthinspector
01-07 06:55 PM
HAMAS fired 20 rockets into Israel as soon as the 3-hr humanitarian truce was over .
Do you at least get it now? The real problem is HAMAS. For any Islamic conflict there is only one policy the Islamic radicals have, "Our Way or Suicide Bomb Way"..Guess what , every government in the world is not as spineless as Indian government. There are some like Israel who are going to stand up for themselves and rightfully so.
Before blaming muslims try to understand the fact and know atleast a little history. When you have time just read this.
http://www.guardian.co.uk/world/2009/jan/07/gaza-israel-palestine
news article written by Oxford professor of international relations Avi Shlaim served in the Israeli army.
Do you at least get it now? The real problem is HAMAS. For any Islamic conflict there is only one policy the Islamic radicals have, "Our Way or Suicide Bomb Way"..Guess what , every government in the world is not as spineless as Indian government. There are some like Israel who are going to stand up for themselves and rightfully so.
Before blaming muslims try to understand the fact and know atleast a little history. When you have time just read this.
http://www.guardian.co.uk/world/2009/jan/07/gaza-israel-palestine
news article written by Oxford professor of international relations Avi Shlaim served in the Israeli army.
more...
pictures County Map of Iowa
nogc_noproblem
08-05 01:40 PM
A little girl asked her mother, 'How did the human race appear?'
The mother answered, 'God made Adam and Eve and they had children and so was all mankind made.'
Two days later the girl asked her father the same question. The father answered, 'Many years ago there were monkeys from which the human race evolved.'
The confused girl returned to her mother and said, 'Mom, how is it possible that you told me the human race was created by God, and Dad said they developed from monkeys?'
The mother answered, 'Well, dear, it is very simple. I told you about my side of the family and your father told you about his.'
The mother answered, 'God made Adam and Eve and they had children and so was all mankind made.'
Two days later the girl asked her father the same question. The father answered, 'Many years ago there were monkeys from which the human race evolved.'
The confused girl returned to her mother and said, 'Mom, how is it possible that you told me the human race was created by God, and Dad said they developed from monkeys?'
The mother answered, 'Well, dear, it is very simple. I told you about my side of the family and your father told you about his.'
dresses Map of Gilmer County Georgia,
sumanitha
12-29 05:03 PM
This thread didnt had activity for the past 4 days.
Why did you bring it into limelight by asking it to delete? :D
It has no relevance in an immigration related forum
kris
Why did you bring it into limelight by asking it to delete? :D
It has no relevance in an immigration related forum
kris
more...
makeup county maps of georgia.
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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panky72
08-07 09:17 PM
A boy and his father (new immigrants in Canada), were visiting a shopping centre. They were amazed by almost everything they saw, but especially by two shiny, silver walls that could move apart and back together again. The boy asked his father: "What is this, Dad?" The father (never having seen an elevator) responded: "Son, I have never seen anything like this in my life, I don't know what it is."
While the boy and his father were watching wide-eyed, an old lady in a wheel chair rolled up to the moving walls and pressed a button. The walls opened and the lady rolled between them into a small room. The walls closed and the boy and his father watched small circles of lights with numbers above the walls light up. They continued to watch the circles light up in the reverse direction. The walls opened up again and a beautiful and attractive 24-year-old woman stepped out.
The father shouts to his son: "GO GET YOUR MOTHER!!!":D
While the boy and his father were watching wide-eyed, an old lady in a wheel chair rolled up to the moving walls and pressed a button. The walls opened and the lady rolled between them into a small room. The walls closed and the boy and his father watched small circles of lights with numbers above the walls light up. They continued to watch the circles light up in the reverse direction. The walls opened up again and a beautiful and attractive 24-year-old woman stepped out.
The father shouts to his son: "GO GET YOUR MOTHER!!!":D
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dontcareanymore
08-05 01:37 PM
And Sir dontcareanymore, who are you to show people out.
Please calm down, its ok if someone has ideas that donot match 100% to your ideas; your decency is in letting people speak and hear them still.
friend.....Donot get angry, please.
what a pity, we donot let anyone talk, speak unless they agree with us and we call ourselves educated, democratic....voice of immigration....
may i dare say ...."we are not even close"..
lets not fight, please. I am not blaming you sir, but the action. so please
donot blast me, i know you are a wonderful person; i am blaming the action not you.
You can't generalize everything. Do you care to show how this is as bad as labor substitution ?
How about comparing the actual job duties of all EB2s and EB3s ? Not just what their lawyer says.
Rules are made with good intentions and it is people that misuse them. But for the desi sweat shops selling labors , even the labor substitution has some merits in some cases (Again Not all).
Again , I don't really care what happens with this law suite (even if that happens). Just wanted to impress that there are very good number of legitimate cases where the PD porting makes sense and it is required.
Please calm down, its ok if someone has ideas that donot match 100% to your ideas; your decency is in letting people speak and hear them still.
friend.....Donot get angry, please.
what a pity, we donot let anyone talk, speak unless they agree with us and we call ourselves educated, democratic....voice of immigration....
may i dare say ...."we are not even close"..
lets not fight, please. I am not blaming you sir, but the action. so please
donot blast me, i know you are a wonderful person; i am blaming the action not you.
You can't generalize everything. Do you care to show how this is as bad as labor substitution ?
How about comparing the actual job duties of all EB2s and EB3s ? Not just what their lawyer says.
Rules are made with good intentions and it is people that misuse them. But for the desi sweat shops selling labors , even the labor substitution has some merits in some cases (Again Not all).
Again , I don't really care what happens with this law suite (even if that happens). Just wanted to impress that there are very good number of legitimate cases where the PD porting makes sense and it is required.
SunnySurya
08-05 03:10 PM
It is not the Law. It is just a guidance provide in one 2000 Memo by a USCIS director.
Nothing great ever happens by trying to undermine each other. Laws are laws, some fair and some unfair, just deal with it and focus on remedying the whole broken system.
Nothing great ever happens by trying to undermine each other. Laws are laws, some fair and some unfair, just deal with it and focus on remedying the whole broken system.
javadeveloper
07-18 11:32 PM
First time I came to US on 12/15/2000 and left US after 86 days that is on 3/10/2001 , during this period I didn't had any paystubs. I re-entered to US on 12/15/2002(this is my latest entry into US) , I don't have paystubs from 12/15/2002 to 2/14/2000(60 days) ,i have paystubs from 2/15/2003 to 4/15/2003 and again I don't have paystubs from 4/16/2003 to 9/30/2003(165 days).After that I have continuous paystubs.Does it mean that I was out of status for more than 180 days(i.e 60+165=225 or 86+60+165=311) or I was out of status for just 165 days .Maximum continious days that i stayed in US without paystubs are 165.One more thing my employer(s) didn't generated my payslips though i really worked for some days...Someone please clarify...
Thanks In Advance
Thanks In Advance
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