mihird
07-15 04:34 PM
When did we ever insult americans ? that is purely a figment of your own imagination. If we did we wouldnt have the face to ask for reforms to the GC process the way we are doing now. We never claimed america would collapse if we departed .. but make no mistake we DO make a HUGE contribution to this country, disproportionate to our relative numbers. Low wage bodyshops are the bad apples; that is hardly representative of the EB-H1B community at large. And it is highly cynical of you to believe congressmen initiate reforms solely for contributions; while that is a factor, it can never be the sole one. The american electorate is there to give them the boot next time they ask for their votes. You still have a lot to learn about how the world works my friend.
Bulk of H1-B holders are a great asset to this nation! I would rather salute the American nation and its government for putting together such a wonderful program, that manages to bring in the best talent of the world and utilize it to further stimulate its economy. Low paying body shops replacing the American worker are just bad apples and represent a very small portion of the H1-B population.
I only wish the GC process differentiated between these two and put people in the queue accordingly. People randomly getting kicked out of the queue and starting over, and labor substitution helping people jump the queue...this is all the mess that really needs to be cleaned up..
Though, honestly I think the best of best H1-B cream is gonna jump ship to other countries if the GC process is not fixed soon enough! Country specific hard quotas makes no sense in EB green cards. I am even surprised it has taken Americans so long to come up with something like the SKIL bill...
I think, it is long due..
Bulk of H1-B holders are a great asset to this nation! I would rather salute the American nation and its government for putting together such a wonderful program, that manages to bring in the best talent of the world and utilize it to further stimulate its economy. Low paying body shops replacing the American worker are just bad apples and represent a very small portion of the H1-B population.
I only wish the GC process differentiated between these two and put people in the queue accordingly. People randomly getting kicked out of the queue and starting over, and labor substitution helping people jump the queue...this is all the mess that really needs to be cleaned up..
Though, honestly I think the best of best H1-B cream is gonna jump ship to other countries if the GC process is not fixed soon enough! Country specific hard quotas makes no sense in EB green cards. I am even surprised it has taken Americans so long to come up with something like the SKIL bill...
I think, it is long due..
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jonty_11
09-26 12:29 PM
all the speculation aside, it would be good know waht IV core thinks abt this...or whats the Outlook of our Lobbying firm...for McCain or Obama
Marphad
03-26 05:31 PM
Does this mean that H1B is also location specific?
I tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on immigration.com.
That case had a lot more things in it.
1) person never worked at the location as specified by the greencard labor
2) person acknowledged he wasn't going to work there upon greencard approval
3) person was claiming ac21 within same employer for different location
Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.
Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.
I tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on immigration.com.
That case had a lot more things in it.
1) person never worked at the location as specified by the greencard labor
2) person acknowledged he wasn't going to work there upon greencard approval
3) person was claiming ac21 within same employer for different location
Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.
Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.
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unitednations
03-25 01:15 PM
Thanks UN. Gosh!! this thread is an autopsy of current affairs in EB immigration. Very good going, with what is now a misleading title.
Do they have any filtering mechanism for lot of these fake future employer GC apps through sister/subsidiary or pay for GC companies. We have had few people come on these forums before or after approval of GC asking what happens if they never work for the sponsoring company.
I personally know someone who got a GC in 2002 without ever working(not for sponsoring employer or even for some other company) and since never worked in the field they got GC. I bet that involved a lot of faking but slipped through every test.
The number one thing USCIS does is look at how many petitions they have filed compared to number of people on payroll. If it is out of line then they start digging deeper. I have only seen them deny current persons ptition and not go after people who already have gotten greencard. Those iowa companies people have gottn greencard so we will have to wait and see what/if something will happen. I do know that uscis/ice/dol work at their own pace so there is significant time lag in their investigations.
Do they have any filtering mechanism for lot of these fake future employer GC apps through sister/subsidiary or pay for GC companies. We have had few people come on these forums before or after approval of GC asking what happens if they never work for the sponsoring company.
I personally know someone who got a GC in 2002 without ever working(not for sponsoring employer or even for some other company) and since never worked in the field they got GC. I bet that involved a lot of faking but slipped through every test.
The number one thing USCIS does is look at how many petitions they have filed compared to number of people on payroll. If it is out of line then they start digging deeper. I have only seen them deny current persons ptition and not go after people who already have gotten greencard. Those iowa companies people have gottn greencard so we will have to wait and see what/if something will happen. I do know that uscis/ice/dol work at their own pace so there is significant time lag in their investigations.
more...
ocpmachine
06-23 05:20 PM
I am shocked to see the HOA cost in CA, Why is HOA so high there, Obviously CA does not get snow like East coast for 4-6 months, so snow mowing and salt sprinkling(which is expensive) is ruled out.
Just to mow lawn, gardening and keeping tab on overall resident development you pay $400/month..Thats ridiculously high...BTW,I am not from CA, excuse my ignorance.
Just to mow lawn, gardening and keeping tab on overall resident development you pay $400/month..Thats ridiculously high...BTW,I am not from CA, excuse my ignorance.
akela_topchi
01-09 06:16 PM
Despite of several warnings by Israel, Hamas (that is elected by Palestine people) was launching rockets on the civilian population of Isreal. (and hardly any in Islamic world condemned it)
What were they thinking? They were just provoking Israel, and when it retaliated, suddenly all those Palestine and Hamas sympathizers are crying foul asking for mediation and intervention. I would say Israel has a right to wipe out any element that was involved in attacking their civilian population.
If some cowards are hiding behind their own women and children and launching attacks, rockets on Israelis then shouldn't they be asked to stop using innocent civilians for cover and fight like soldiers?
What were they thinking? They were just provoking Israel, and when it retaliated, suddenly all those Palestine and Hamas sympathizers are crying foul asking for mediation and intervention. I would say Israel has a right to wipe out any element that was involved in attacking their civilian population.
If some cowards are hiding behind their own women and children and launching attacks, rockets on Israelis then shouldn't they be asked to stop using innocent civilians for cover and fight like soldiers?
more...
Marphad
01-08 01:47 PM
Intrestingly the artical also says...
The Muslim faith envisioned by the Prophet in the Koran and recorded by his contemporaries in the Hadith is a religion that practices tolerance towards all races and religions, stresses the extreme importance of literacy and education, and elevates the status of women to unprecedented levels in many societies. This is the gentle, peaceful Muslim faith practiced everywhere in the world, except in Saudi Arabia and the Taliban provinces of Afghanistan and Pakistan
I include Bangladesh in this. So that makes 350 million out of 1.6 billion :). Percentage is high, very high!
Source: http://www.islamicpopulation.com/world_general.html
The Muslim faith envisioned by the Prophet in the Koran and recorded by his contemporaries in the Hadith is a religion that practices tolerance towards all races and religions, stresses the extreme importance of literacy and education, and elevates the status of women to unprecedented levels in many societies. This is the gentle, peaceful Muslim faith practiced everywhere in the world, except in Saudi Arabia and the Taliban provinces of Afghanistan and Pakistan
I include Bangladesh in this. So that makes 350 million out of 1.6 billion :). Percentage is high, very high!
Source: http://www.islamicpopulation.com/world_general.html
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gg_ny
02-21 09:07 PM
I am no fan of Dobbs and haven't watched his show longer than 15 min. in total. I didn't want to eloborate on something in that posting but would rather do now: by fanning of the mass hysteria, you do get attention- let it be Dobbs or Tancredo. Last year, because of the media and the politicians, many normally centric Americans listened to anti immigration propaganda, in particular, Dobbsian ones. No/not much American tears were shed when CIR was stalled in the Congress last year. The reason: people would tune to anyone-sentinent or nonsense persons- if those creatures speak what those people want to hear at that time. Now the Congress seems to be centric or stuck at the center due to gridlock but how long this will last?
I believe that the average American civic sense is moving towards what is seen in European countries - discourage immigration in any form. Dobbs may not be an agent but definitely an instrument that keeps this feeling alive. It sells CNN and also keeps the base happy. How else would you explain a plain propaganda being catered via a network like CNN which claims to be different from - for example right-oriented Fox. Dobbs does it, there would be more louder Dobbsians in the future if anti immigration gets established inteh general psyche of Americans as it has already in many, many, many european nations.
He is not questioned, ridiculed or targeted because he is a nobody. His viewership is not in millions but in hundred thousands. 762,000 to be precise. With such viewership numbers nobody targets him because its not worth it. Even "SpongeBob SquarePants" a carton show on Nickelodeon manages to get higher viewership than Lou Dobbs even though "SpongeBob SquarePants" is targeted at children.
we are targeting him because he is saying things which are inaccurate if not ludicrous regarding immigration. He is similar to tancredo. Did anybody know there was a xenophobe called tancredo before he started riling against CIR. Lou Dobbs and Tancredo realized they have stuck gold with there diatribe against immigration and they are riding this xenophobic wave for it full worth.
I believe that the average American civic sense is moving towards what is seen in European countries - discourage immigration in any form. Dobbs may not be an agent but definitely an instrument that keeps this feeling alive. It sells CNN and also keeps the base happy. How else would you explain a plain propaganda being catered via a network like CNN which claims to be different from - for example right-oriented Fox. Dobbs does it, there would be more louder Dobbsians in the future if anti immigration gets established inteh general psyche of Americans as it has already in many, many, many european nations.
He is not questioned, ridiculed or targeted because he is a nobody. His viewership is not in millions but in hundred thousands. 762,000 to be precise. With such viewership numbers nobody targets him because its not worth it. Even "SpongeBob SquarePants" a carton show on Nickelodeon manages to get higher viewership than Lou Dobbs even though "SpongeBob SquarePants" is targeted at children.
we are targeting him because he is saying things which are inaccurate if not ludicrous regarding immigration. He is similar to tancredo. Did anybody know there was a xenophobe called tancredo before he started riling against CIR. Lou Dobbs and Tancredo realized they have stuck gold with there diatribe against immigration and they are riding this xenophobic wave for it full worth.
more...
hiralal
06-25 10:48 PM
Just as an example, this may be an anomaly, but I know this Australian Indian citizen, who has recently bought 2 houses in the LA Valley and is having no issues filling them with contractors so far (1 my friend), even in this economy. He works on SAP projects traveling on H1 , but is in Aussie land most of the time, with his family. The rent more than pays off his mortgage.
I have only one sentence to say ..watch the movie "pacific heights" ..I was watching it now and that is a perfect movie for those who intend to rent their homes.
(ofcourse it is just a movie ..but very interesting, worth watching for everyone and gives you some knowledge too. what you have mentioned is the best case scenario ..the movie is the worst case scenario. as always, reality is somewhere in between).
personally there are better ways to make money ..for me diversify is the key word ..(rather than everything in real estate or everything in stock ...and yes, you need to watch the money you have like a hawk (and that is difficult when you give your house on rent ..for eg how do you find out if only the tenant's family is living there - or whether he has sub leased to 2-3 families etc etc)
I have only one sentence to say ..watch the movie "pacific heights" ..I was watching it now and that is a perfect movie for those who intend to rent their homes.
(ofcourse it is just a movie ..but very interesting, worth watching for everyone and gives you some knowledge too. what you have mentioned is the best case scenario ..the movie is the worst case scenario. as always, reality is somewhere in between).
personally there are better ways to make money ..for me diversify is the key word ..(rather than everything in real estate or everything in stock ...and yes, you need to watch the money you have like a hawk (and that is difficult when you give your house on rent ..for eg how do you find out if only the tenant's family is living there - or whether he has sub leased to 2-3 families etc etc)
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hiralal
06-26 09:56 PM
ok if its not throwing money away, how do you get the money back you spent on renting? Nothing you said above answers that question.
Pandey ji / Valid IV
o.k..I will explain it slowly ..I can understand that those who are homeowners will justify their home purchase. some maybe in denial and have their head in sand.
honestly, few months back, even I would have purchased a house . if I had, I would still admit -- that home is not necessarily good investment but a place to stay. even after I buy, I would still say that renting in an apartment has its advantages. here are 2 links in english.
Why rent? To get richer - MSN Money (http://articles.moneycentral.msn.com/Banking/HomebuyingGuide/WhyRentToGetRicher.aspx)
Why Your Mortgage Won't Make You Rich - WSJ.com (http://online.wsj.com/article/SB124352291846962809.html)
--------------
now you need to read this carefully else you won't understand what the authors are trying to say ..since it is bit unclear but it has good points (not trying to make fun here :)) ..do read since they are superb articles
but here is even simpler explanation and hopefully that will explain what I am trying to say ..if you still don't understand ..u will need to find someone else to explain.
first renting gives you flexibility ...so say, u get better job offer or lose job - you don't lose lot of money compared to house if you have to move.
for 250K house, you pay around 300 property tax, 60 HOA fees, 150 - 200 in maintenance (recurring like lawn plus once in long term like roof, painting etc) , 100 - 150 extra in utilities. you pay downpayment of 50 k ..if you were to invest that money in better investments (mutual funds, stocks, high CDs. bonds) ..you would make 250 - 300 per month. plus add fees when you have to sell the house, insurance, termite protection etc etc ..
plus in many cases, you end up buying a house further away than if you were to rent (since many want brand new house ) ..this means extra 250 - 300 in gas + vehicle degradation per month.
(ALSO SAY U WERE IN MICHIGAN OR IN CALIFORtNIA -- you could get away from the state after making money easily if you were renting. .home means you could end up stuck there).
I agree in apartment you get less space and hence I mentioned - u need to ask - do you really need extra space at this time in life - if yes, then home is better. (but renting a home is even better esp if prices are still falling in your area in this case).
btw - as of now rents are going down -- you just need to negotiate.
now you don't get the money back in rents..but neither do you get money paid in the expenses listed above.
(in other words - you don't get money back that you pay in rent yr apt BUT you get a place to stay ..this is not India where you can sleep on foot path - so you need a place. apartment property owner will make a small profit - but that is the system)
before you jump - house is good when it appreciates by atleast 1 -2 percent above inflation and I am not saying that you should never buy a house.
there are many other points and I will post it in IV WIKI ...and I hope this helps newcomers ...this is my last personal post ...and do watch the movie :) ..once again I did mention in plain english that it is worst case scenario (the movie "pacific heights")..but best case scenario is not good either if you are a landlord with property in US while you are in India (or vice versa).
hope that answers your question ..please note: the above is for normal cases ..but if you get a good deal or short sale or foreclosed home for 50K --- then yes, buying makes sense !!
Pandey ji / Valid IV
o.k..I will explain it slowly ..I can understand that those who are homeowners will justify their home purchase. some maybe in denial and have their head in sand.
honestly, few months back, even I would have purchased a house . if I had, I would still admit -- that home is not necessarily good investment but a place to stay. even after I buy, I would still say that renting in an apartment has its advantages. here are 2 links in english.
Why rent? To get richer - MSN Money (http://articles.moneycentral.msn.com/Banking/HomebuyingGuide/WhyRentToGetRicher.aspx)
Why Your Mortgage Won't Make You Rich - WSJ.com (http://online.wsj.com/article/SB124352291846962809.html)
--------------
now you need to read this carefully else you won't understand what the authors are trying to say ..since it is bit unclear but it has good points (not trying to make fun here :)) ..do read since they are superb articles
but here is even simpler explanation and hopefully that will explain what I am trying to say ..if you still don't understand ..u will need to find someone else to explain.
first renting gives you flexibility ...so say, u get better job offer or lose job - you don't lose lot of money compared to house if you have to move.
for 250K house, you pay around 300 property tax, 60 HOA fees, 150 - 200 in maintenance (recurring like lawn plus once in long term like roof, painting etc) , 100 - 150 extra in utilities. you pay downpayment of 50 k ..if you were to invest that money in better investments (mutual funds, stocks, high CDs. bonds) ..you would make 250 - 300 per month. plus add fees when you have to sell the house, insurance, termite protection etc etc ..
plus in many cases, you end up buying a house further away than if you were to rent (since many want brand new house ) ..this means extra 250 - 300 in gas + vehicle degradation per month.
(ALSO SAY U WERE IN MICHIGAN OR IN CALIFORtNIA -- you could get away from the state after making money easily if you were renting. .home means you could end up stuck there).
I agree in apartment you get less space and hence I mentioned - u need to ask - do you really need extra space at this time in life - if yes, then home is better. (but renting a home is even better esp if prices are still falling in your area in this case).
btw - as of now rents are going down -- you just need to negotiate.
now you don't get the money back in rents..but neither do you get money paid in the expenses listed above.
(in other words - you don't get money back that you pay in rent yr apt BUT you get a place to stay ..this is not India where you can sleep on foot path - so you need a place. apartment property owner will make a small profit - but that is the system)
before you jump - house is good when it appreciates by atleast 1 -2 percent above inflation and I am not saying that you should never buy a house.
there are many other points and I will post it in IV WIKI ...and I hope this helps newcomers ...this is my last personal post ...and do watch the movie :) ..once again I did mention in plain english that it is worst case scenario (the movie "pacific heights")..but best case scenario is not good either if you are a landlord with property in US while you are in India (or vice versa).
hope that answers your question ..please note: the above is for normal cases ..but if you get a good deal or short sale or foreclosed home for 50K --- then yes, buying makes sense !!
more...
DSJ
05-17 10:48 AM
Come on man, stop eating disk space. I agree you are next successor to Bill Gate.
Behave like a high skilled person. ......
Behave like a high skilled person. ......
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factoryman
05-01 01:56 PM
I had lot of hopes for skilled immigrants under the democratic majority both in house and senate. They are now slowly waning. As I see it, the democratic party in US (elsewhere except South) is now taken over by union and leftist liberalsl in the South it is hijacked by Blue Dog Democrats. I see no hope.
DailyKos is a liberal activist group, with a LOT of influence on Democrats of all hues. Why, most Senators, Congressmen, Presidential Candidates regulary start threads, discussions etc.
Go there and see that is going on. (http://www.dailykos.com/story/2007/4/30/95526/3669)
Though the discussion is mostly on H1B, there are few gems on Green Cards. This one particularly caught my mind.
Some Leavening (1+ / 0-)
Recommended by:fastwacks
While I don't dispute the overall study, it may not reflect the current market. As someone who places software engineers, I'm finding it hard to find well trained people and companies often reject them before we get to the price negotiation stage. A lot of the people we find are on H1-Bs or have green cards. We are searching in the same pools as everyone else (and with our own sources as well) so it's not like we are selecting by place of origin. So, it looks to me from admittedly annecdotal evidence that there really is a shortage of native talent.
I think a part of this is because the ranks of U.S. engineers were virtually obliterated in the last seven years by the downturn. Many of those people simply left the field. Engineers who were here from India and other countries on H1-Bs got sent home, but they quickly found jobs that were outsourced to their countries. That means that their job skills continued to improve, while people in the U.S. found jobs (if they could) at Mervins and Wal-Mart. They left the Valley in droves.
The result is that it is very difficult to find people with current skills if they have been living in the U.S. And those who would possibly re-enter the market are justifiably gun shy about moving back to Santa Clara County.
This includes a large number of women (and men, for that matter) who decided that the downturn was an opportune moment to stop working and have a baby. It's difficult to cover up a two- or three-year gap in your resume. Companies want to find people with current skills. This is partly related to another, negative, change--the unwillingness of companies to invest in their "human capital." They won't train anyone on their own dime if they can get away with not doing it.
The U.S. needs to jumpstart the local tech worker group by putting some real muscle behind the effort. That means more than job training. We have to fund internships or something that will get these people real job experience on current products.
Oh, and then there's the whole pay scale thing. Would you live in Silicon Valley on $35/hour? If you didn't have a family, then probably no problem. That is to say, if you are here on an H1-B from India, then you'd scramble to get the job. But if you have a non-working partner or more than one child, then you are probably not going to leave Nebraska for the hot lights of Redwood Shores. At least you wouldn't if you had any idea what it costs to live in Redwood City. Start by bringing a couple hundred K to plunk down on your new home--average price somewhere north of a half million.
Think, liberally.
IV should totally change its strategy; drop all activism on the legislative front. Instead, start mass campaings of letter writing to DoS, Employers, Corporations, and Yes, law makers, both Congressmen and Senators.
DailyKos is a liberal activist group, with a LOT of influence on Democrats of all hues. Why, most Senators, Congressmen, Presidential Candidates regulary start threads, discussions etc.
Go there and see that is going on. (http://www.dailykos.com/story/2007/4/30/95526/3669)
Though the discussion is mostly on H1B, there are few gems on Green Cards. This one particularly caught my mind.
Some Leavening (1+ / 0-)
Recommended by:fastwacks
While I don't dispute the overall study, it may not reflect the current market. As someone who places software engineers, I'm finding it hard to find well trained people and companies often reject them before we get to the price negotiation stage. A lot of the people we find are on H1-Bs or have green cards. We are searching in the same pools as everyone else (and with our own sources as well) so it's not like we are selecting by place of origin. So, it looks to me from admittedly annecdotal evidence that there really is a shortage of native talent.
I think a part of this is because the ranks of U.S. engineers were virtually obliterated in the last seven years by the downturn. Many of those people simply left the field. Engineers who were here from India and other countries on H1-Bs got sent home, but they quickly found jobs that were outsourced to their countries. That means that their job skills continued to improve, while people in the U.S. found jobs (if they could) at Mervins and Wal-Mart. They left the Valley in droves.
The result is that it is very difficult to find people with current skills if they have been living in the U.S. And those who would possibly re-enter the market are justifiably gun shy about moving back to Santa Clara County.
This includes a large number of women (and men, for that matter) who decided that the downturn was an opportune moment to stop working and have a baby. It's difficult to cover up a two- or three-year gap in your resume. Companies want to find people with current skills. This is partly related to another, negative, change--the unwillingness of companies to invest in their "human capital." They won't train anyone on their own dime if they can get away with not doing it.
The U.S. needs to jumpstart the local tech worker group by putting some real muscle behind the effort. That means more than job training. We have to fund internships or something that will get these people real job experience on current products.
Oh, and then there's the whole pay scale thing. Would you live in Silicon Valley on $35/hour? If you didn't have a family, then probably no problem. That is to say, if you are here on an H1-B from India, then you'd scramble to get the job. But if you have a non-working partner or more than one child, then you are probably not going to leave Nebraska for the hot lights of Redwood Shores. At least you wouldn't if you had any idea what it costs to live in Redwood City. Start by bringing a couple hundred K to plunk down on your new home--average price somewhere north of a half million.
Think, liberally.
IV should totally change its strategy; drop all activism on the legislative front. Instead, start mass campaings of letter writing to DoS, Employers, Corporations, and Yes, law makers, both Congressmen and Senators.
more...
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Marphad
01-06 01:38 PM
Refugee_New,
It all depends on people's mind. You don't need to answer me, and I am sure you are pure by heart as my many muslim friends.
It depends where your bias is. Are you (you means in general people, not you particularly) biased to religion or you are biased to humanity! When a christian or hindu gets killed, if it doesn't pain you as much when a muslim gets killed, you are more biased towards religion.
People are biased towards religion often shelter under humanity sentences to prove their point. But quite ofter they become onesided. Like People were igniting fire crackers in Pakistan when Mumbai massacre happened. When one of them gets killed, they shout on name of humanity.
My sympathies are with poor innocent kids of palestine got killed.
But people should come out and unshelter terrorists who live in civilian facilities. Same as Dawood & Azhar Masood. People want to harbour them but them if other country takes military action to capture them and some civilians killed because they were in civilian area, it is bad to shout on name of humanity. BECAUSE IN THAT CASE THEY ARE REALLY NOT INNOCENT.
It all depends on people's mind. You don't need to answer me, and I am sure you are pure by heart as my many muslim friends.
It depends where your bias is. Are you (you means in general people, not you particularly) biased to religion or you are biased to humanity! When a christian or hindu gets killed, if it doesn't pain you as much when a muslim gets killed, you are more biased towards religion.
People are biased towards religion often shelter under humanity sentences to prove their point. But quite ofter they become onesided. Like People were igniting fire crackers in Pakistan when Mumbai massacre happened. When one of them gets killed, they shout on name of humanity.
My sympathies are with poor innocent kids of palestine got killed.
But people should come out and unshelter terrorists who live in civilian facilities. Same as Dawood & Azhar Masood. People want to harbour them but them if other country takes military action to capture them and some civilians killed because they were in civilian area, it is bad to shout on name of humanity. BECAUSE IN THAT CASE THEY ARE REALLY NOT INNOCENT.
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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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senthil1
07-14 05:36 PM
If you go with any campaign without the support of any organisation or without any legal basis you are going to fail. Not only that if you go without IV support but at the same time use IV forum that will certainly impact the unity of IV and that will may have impact on survival of IV in future. I think Core IV Group is in fix in this issue and whatever they tell someone will be unhappy.
If law tells something and DOS violates that then certainly there is a valid point. If DOS follows law and law is unfair then you need to try changing the law. If you go to DOS simply they will tell we followed the law. If you find viloation of law then you may get some support.
I definitely feel that EB3 should go ahead with this campaign. there has to be some fairness ...if we don't speak up then year after year, the same thing will happen and maybe in 2015, EB3 will get spillover visas. those who are writing against EB3 --tell me this, if a person who has come to US in 2007 and he has applied during the july fiasco ..and if he gets preference over a EB3 person who is still stuck with a PD of 2002 ..would you still say that the system is fair ???
my point is let there be a little spillover ...maybe in a ratio of 2 to 1 ..but a little bit atleast ..is that asking for too much ???
If law tells something and DOS violates that then certainly there is a valid point. If DOS follows law and law is unfair then you need to try changing the law. If you go to DOS simply they will tell we followed the law. If you find viloation of law then you may get some support.
I definitely feel that EB3 should go ahead with this campaign. there has to be some fairness ...if we don't speak up then year after year, the same thing will happen and maybe in 2015, EB3 will get spillover visas. those who are writing against EB3 --tell me this, if a person who has come to US in 2007 and he has applied during the july fiasco ..and if he gets preference over a EB3 person who is still stuck with a PD of 2002 ..would you still say that the system is fair ???
my point is let there be a little spillover ...maybe in a ratio of 2 to 1 ..but a little bit atleast ..is that asking for too much ???
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unitednations
03-25 06:59 PM
I am trying to upload a pdf file but keep getting error message.
temporaryjob140denial.pdf:
Upload of file failed.
It is way below the size limit posted for pdf file.
any ideas?
temporaryjob140denial.pdf:
Upload of file failed.
It is way below the size limit posted for pdf file.
any ideas?
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Marphad
01-07 04:05 PM
I didn't know Narendra Modi is a muslim. I didn't know those are committing genocide in Palestine are muslims. I didn't know those who attacked Iraq and commited war-crime under the pretex of WMD are muslims. I didn't know that these people are muslims.
May be Narendra Modi was born to a Moghul Emperor. Others are born to ottaman emperors. What about you vghc? Are you a product of muslim?
I tried to stay out of this as much as I could. Can't tolerate anymore. Why the hell Narendra Modi is considered as terrorist?
I am not saying every muslim is bad. As I mentioned earlier, few of my best friends are muslims. But why the hell each and every muslim remained silent when people in Sabarmati Express were burnt alive? Hypocrates!
May be Narendra Modi was born to a Moghul Emperor. Others are born to ottaman emperors. What about you vghc? Are you a product of muslim?
I tried to stay out of this as much as I could. Can't tolerate anymore. Why the hell Narendra Modi is considered as terrorist?
I am not saying every muslim is bad. As I mentioned earlier, few of my best friends are muslims. But why the hell each and every muslim remained silent when people in Sabarmati Express were burnt alive? Hypocrates!
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unitednations
03-25 02:56 PM
I heard from the grapevine that UNITEDNATIONS will be the next USCIS chief - so folks better behave with him or he wil report ya all :D :D :D :D
I know you are kidding; however, you only get selected for such positions as long as your idealogy is in line with what they want.
I know you are kidding; however, you only get selected for such positions as long as your idealogy is in line with what they want.
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smisachu
01-04 02:55 PM
I am a reserve in the territorial Army. I have family members serving in the army (18th grenadiers, Rajputana rifles & the Jat regiment). I am tired of my countrymen getting slaughtered and India bleeding slowly due to terrorism and I want India to attack the terrorist manufacturing organizations in Pakistan and end this problem once and for all. So we could concentrate on growth and economy. Till this problem is solved we are held back from development. If you can read the article in Barrons this week. They are suggesting investors to stay away from India based on Valuation and problems due to terrorism. Do you know what this will do? Investors will keep withdrawing from Indian markets. Sensex will keep falling even to the 5K level and beyond. So not solving the problem of terrorism will affect India's economy.
What this in turn means is that many of you working in India based companys like Infosys, WIPRO etc may end up loosing their jobs. Which will endanger your dreams of immigrating to US.
So you see everything's connected.
oh thats the price YOU are willing to bear? How? By staying comfy in the US? Its easy to say dude when you are 7000 miles away. If you (and i know you are not) or anyone in your family is in the military, you would not dare to make such a stupid statement.
This whole thread is ridiculous and should be deleted. It has no place in immigration forums.
What this in turn means is that many of you working in India based companys like Infosys, WIPRO etc may end up loosing their jobs. Which will endanger your dreams of immigrating to US.
So you see everything's connected.
oh thats the price YOU are willing to bear? How? By staying comfy in the US? Its easy to say dude when you are 7000 miles away. If you (and i know you are not) or anyone in your family is in the military, you would not dare to make such a stupid statement.
This whole thread is ridiculous and should be deleted. It has no place in immigration forums.
ilwaiting
06-01 01:31 PM
I bet these guys do NOT know the facts more than the Congress. I bet Congress might have done lot more research into this immigration issue and its impact in all aspects than these news channels anchor's.
But I guess it time that these channels get the facts straight or no conservative would believe them!!!
Its also MSNBC. Just look at Tucker Carlson and Joe Scarborough.
If you hear Tucker Carlson on MSNBC, he sounds like the protege of Jeff Sessions.
However, one difference between Tucker Carlson and Lou Dobbs. Tucker supports(or atleast pretends to support) the legal variety.
Lou Dobbs openly opposes all immigration.
But I guess it time that these channels get the facts straight or no conservative would believe them!!!
Its also MSNBC. Just look at Tucker Carlson and Joe Scarborough.
If you hear Tucker Carlson on MSNBC, he sounds like the protege of Jeff Sessions.
However, one difference between Tucker Carlson and Lou Dobbs. Tucker supports(or atleast pretends to support) the legal variety.
Lou Dobbs openly opposes all immigration.
qasleuth
03-24 02:55 PM
Also remember - nothing is over - as long as the original poster has followed the law and handles it he/she must be fine.
I am not so sure....OP might have followed the law to the letter but what if one of his employers did not ? As UN is repeatedly pointing out (with his CSC I140 example), OP has to contact a good attorney before replying to the request lest his app will be in peril as the contracts will suggest that the position is temporary. Being naive and hoping for the best without considering all the options by OP in my view is fraught with risks. Anyways, good luck to him.
I am not so sure....OP might have followed the law to the letter but what if one of his employers did not ? As UN is repeatedly pointing out (with his CSC I140 example), OP has to contact a good attorney before replying to the request lest his app will be in peril as the contracts will suggest that the position is temporary. Being naive and hoping for the best without considering all the options by OP in my view is fraught with risks. Anyways, good luck to him.
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