msp1976
04-08 09:00 AM
Would you???
of course not....
The provision defeats the purpose of whole whistle blower clause...
of course not....
The provision defeats the purpose of whole whistle blower clause...
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texcan
08-06 04:56 PM
10 Husbands, Still a Virgin
A lawyer married a woman who had previously divorced ten husbands.
On their wedding night, she told her new husband, "Please be gentle, I'm still a virgin."
"What?" said the puzzled groom.
"How can that be if you've been married ten times?"
"Well, Husband #1 was a sales representative: he kept telling me how great it was going to be.
Husband #2 was in software services: he was never really sure how it was supposed to function, but he said he'd look into it and get back to me.
Husband #3 was from field services: he said everything checked out diagnostically but he just couldn't get the system up.
Husband #4 was in telemarketing: even though he knew he had the order, he didn't know when he would be able to deliver.
Husband #5 was an engineer: he understood the basic process but wanted three years to research, implement, and design a new state-of-the-art method.
Husband #6 was from finance and administration: he thought he knew how, but he wasn't sure whether it was his job or not.
Husband #7 was in marketing: although he had a nice product, he was never sure how to position it.
Husband #8 was a psychologist: all he ever did was talk about it.
Husband #9 was a gynecologist: all he did was look at it.
Husband #10 was a stamp collector: all he ever did was... God! I miss him! But now that I've married you, I'm really excited!"
"Good," said the new husband, "but, why?"
"You're a lawyer. This time I know I'm gonna get screwed!"
A lawyer married a woman who had previously divorced ten husbands.
On their wedding night, she told her new husband, "Please be gentle, I'm still a virgin."
"What?" said the puzzled groom.
"How can that be if you've been married ten times?"
"Well, Husband #1 was a sales representative: he kept telling me how great it was going to be.
Husband #2 was in software services: he was never really sure how it was supposed to function, but he said he'd look into it and get back to me.
Husband #3 was from field services: he said everything checked out diagnostically but he just couldn't get the system up.
Husband #4 was in telemarketing: even though he knew he had the order, he didn't know when he would be able to deliver.
Husband #5 was an engineer: he understood the basic process but wanted three years to research, implement, and design a new state-of-the-art method.
Husband #6 was from finance and administration: he thought he knew how, but he wasn't sure whether it was his job or not.
Husband #7 was in marketing: although he had a nice product, he was never sure how to position it.
Husband #8 was a psychologist: all he ever did was talk about it.
Husband #9 was a gynecologist: all he did was look at it.
Husband #10 was a stamp collector: all he ever did was... God! I miss him! But now that I've married you, I'm really excited!"
"Good," said the new husband, "but, why?"
"You're a lawyer. This time I know I'm gonna get screwed!"
chanduv23
03-24 03:25 PM
UN,
I can't help asking this.
I have been following your posts for a while. I know you are quite knowledgeable in immigration.
But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.
I like to believe you are unbiased. Please let us know.
UN is trying to go into the "inner mind" of an USCIS officer and think how they think.
He is not biased - he has helped a lot of people. He is just asking people to look at the view point from the other side.
He says - look at illegals, look at family based, look at employers, look at USCIS officers, look at things from every perspective .......
I keep telling this again and again to all the folks here - not to assume things that suits you just because you feel comfortable - look at things from the other side too. As long as you have followed the law - you have to take legal advice from lawyer.
Remember - this is a bad time with economy - with job losses - everything may not work for you.
I can't help asking this.
I have been following your posts for a while. I know you are quite knowledgeable in immigration.
But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.
I like to believe you are unbiased. Please let us know.
UN is trying to go into the "inner mind" of an USCIS officer and think how they think.
He is not biased - he has helped a lot of people. He is just asking people to look at the view point from the other side.
He says - look at illegals, look at family based, look at employers, look at USCIS officers, look at things from every perspective .......
I keep telling this again and again to all the folks here - not to assume things that suits you just because you feel comfortable - look at things from the other side too. As long as you have followed the law - you have to take legal advice from lawyer.
Remember - this is a bad time with economy - with job losses - everything may not work for you.
2011 hair wood background texture.
prioritydate
01-10 10:09 AM
Israel is not invading Gaza for no reason. Why do coward Palestinians need to fire rockets and send those suicide bombers to blow themselves? Muslims need to stop violence in the name of their religion. Why don't you stop killing people, so you would get 72 virgins in some loser world! Israel is doing the right thing and I will support its action. Yes, innocent people get killed, but Hamas need to fight in the open field instead of launching rockets from schools and hospitals.
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Refugee_New
01-06 02:27 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 pained me a lot when terrorist struck Mumbai and i did condemn the mindless killing just like fellow Indian and Indian Muslim. Don't you think Muslims in India united and showed their unity and condemned Pakistan?
Don't compare terrorists like Dawood and Masood Azhar with those who are elected democratically by people of their nation.
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 pained me a lot when terrorist struck Mumbai and i did condemn the mindless killing just like fellow Indian and Indian Muslim. Don't you think Muslims in India united and showed their unity and condemned Pakistan?
Don't compare terrorists like Dawood and Masood Azhar with those who are elected democratically by people of their nation.
SunnySurya
12-19 10:11 PM
In my mind, if a group of people have blind faith on any thing then thats a religion. If the same faith is backed by hardcore facts and the proof could be produced to substantiate it then thats science.
God just happened to be entangled in the debate between blind faith and fact based faith.
What or who is god anyways, is he omnipotent or just someone who learns by trial and error. After all it took him 8 billion years to create this universe.
I beleive, God is anyone's last hope , a light at the end of the tunnel. We just have to make sure that light is not that of an oncoming train.
God just happened to be entangled in the debate between blind faith and fact based faith.
What or who is god anyways, is he omnipotent or just someone who learns by trial and error. After all it took him 8 billion years to create this universe.
I beleive, God is anyone's last hope , a light at the end of the tunnel. We just have to make sure that light is not that of an oncoming train.
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kedrex
12-27 04:48 PM
I myself am originally from Mumbai so please dont doubt the deep sense of outrage that I feel. But amid all this talk about going to war, here are a few things to ponder
1. Think about how long it takes to construct a single runway of an airport. In the developed countries, it takes about 2-3 years, for India safe to say 5-6 years. One of Paki's first responses would be take out entire airports not just runways. Can you imagine how long it would take us to recover
2. Why should India kill Pak when it is killing itself every day. At this rate, just imagine how long this country will last. Sitting back and being a spectator could just about be the best option
3. If we are outraged by 200 civilians/police/NSG dying, do we really have the stomach to absorb 1000s, lakhs ........
4. Talking of "surgical strikes" - surgical strikes on what? Even the dumbest terrorist knows that its probably not a good idea to be in a terror camp right now.
5. Do we really want to unite all those crazy Punjabis, Balochis, Taliban and the Paki army
6. Ok, what about assassinating Kayani. Wonderful, we have destroyed the last institution in Paki land. Get ready to welcome millions of refugees
I know I know that I am not coming up with any good course of action, just pointing out the flaws in the rest of them. But thats all my layman's strategic vision gives me. Maybe with just 1/100th the cost of war, we can improve our border/maritime security and also our intelligence apparatus
Personally, I think war is going to happen. I just wish people even remotely understand what it is that they are asking for.
1. Think about how long it takes to construct a single runway of an airport. In the developed countries, it takes about 2-3 years, for India safe to say 5-6 years. One of Paki's first responses would be take out entire airports not just runways. Can you imagine how long it would take us to recover
2. Why should India kill Pak when it is killing itself every day. At this rate, just imagine how long this country will last. Sitting back and being a spectator could just about be the best option
3. If we are outraged by 200 civilians/police/NSG dying, do we really have the stomach to absorb 1000s, lakhs ........
4. Talking of "surgical strikes" - surgical strikes on what? Even the dumbest terrorist knows that its probably not a good idea to be in a terror camp right now.
5. Do we really want to unite all those crazy Punjabis, Balochis, Taliban and the Paki army
6. Ok, what about assassinating Kayani. Wonderful, we have destroyed the last institution in Paki land. Get ready to welcome millions of refugees
I know I know that I am not coming up with any good course of action, just pointing out the flaws in the rest of them. But thats all my layman's strategic vision gives me. Maybe with just 1/100th the cost of war, we can improve our border/maritime security and also our intelligence apparatus
Personally, I think war is going to happen. I just wish people even remotely understand what it is that they are asking for.
2010 images Dark wood texture
gcseeker2002
12-27 10:49 PM
I myself am originally from Mumbai so please dont doubt the deep sense of outrage that I feel. But amid all this talk about going to war, here are a few things to ponder
1. Think about how long it takes to construct a single runway of an airport. In the developed countries, it takes about 2-3 years, for India safe to say 5-6 years. One of Paki's first responses would be take out entire airports not just runways. Can you imagine how long it would take us to recover
>>>>>It will be the same if terrorists take out entire airports by their terror actions, which they were about to do in Mumbai that failed on 11/26. So no point worrying about what if.
2. Why should India kill Pak when it is killing itself every day. At this rate, just imagine how long this country will last. Sitting back and being a spectator could just about be the best option
>>>>>At this rate they will take another 50 years to kill themselves, but will continue to torment India till they die, they are like a cockroach that keeps wriggling till it dies, and does not matter if you just cut off its legs, etc.
3. If we are outraged by 200 civilians/police/NSG dying, do we really have the stomach to absorb 1000s, lakhs ........
>>>>>If we dont destroy the Pakis now, tomorrow their terrorists will take out 1000s, lakhs while we sit and wait.
4. Talking of "surgical strikes" - surgical strikes on what? Even the dumbest terrorist knows that its probably not a good idea to be in a terror camp right now.
>>>>>That is a true statement, but who cares, look at Israel that takes out Hamas buildings even though no hamas terrorists are in those buildings.
5. Do we really want to unite all those crazy Punjabis, Balochis, Taliban and the Paki army
>>>>>They are already united, it is Indians who are divided.
6. Ok, what about assassinating Kayani. Wonderful, we have destroyed the last institution in Paki land. Get ready to welcome millions of refugees
>>>>>No comments.
I know I know that I am not coming up with any good course of action, just pointing out the flaws in the rest of them. But thats all my layman's strategic vision gives me. Maybe with just 1/100th the cost of war, we can improve our border/maritime security and also our intelligence apparatus
Personally, I think war is going to happen. I just wish people even remotely understand what it is that they are asking for.
War is bad but required to quell bad people, some people just dont get it the soft way.
1. Think about how long it takes to construct a single runway of an airport. In the developed countries, it takes about 2-3 years, for India safe to say 5-6 years. One of Paki's first responses would be take out entire airports not just runways. Can you imagine how long it would take us to recover
>>>>>It will be the same if terrorists take out entire airports by their terror actions, which they were about to do in Mumbai that failed on 11/26. So no point worrying about what if.
2. Why should India kill Pak when it is killing itself every day. At this rate, just imagine how long this country will last. Sitting back and being a spectator could just about be the best option
>>>>>At this rate they will take another 50 years to kill themselves, but will continue to torment India till they die, they are like a cockroach that keeps wriggling till it dies, and does not matter if you just cut off its legs, etc.
3. If we are outraged by 200 civilians/police/NSG dying, do we really have the stomach to absorb 1000s, lakhs ........
>>>>>If we dont destroy the Pakis now, tomorrow their terrorists will take out 1000s, lakhs while we sit and wait.
4. Talking of "surgical strikes" - surgical strikes on what? Even the dumbest terrorist knows that its probably not a good idea to be in a terror camp right now.
>>>>>That is a true statement, but who cares, look at Israel that takes out Hamas buildings even though no hamas terrorists are in those buildings.
5. Do we really want to unite all those crazy Punjabis, Balochis, Taliban and the Paki army
>>>>>They are already united, it is Indians who are divided.
6. Ok, what about assassinating Kayani. Wonderful, we have destroyed the last institution in Paki land. Get ready to welcome millions of refugees
>>>>>No comments.
I know I know that I am not coming up with any good course of action, just pointing out the flaws in the rest of them. But thats all my layman's strategic vision gives me. Maybe with just 1/100th the cost of war, we can improve our border/maritime security and also our intelligence apparatus
Personally, I think war is going to happen. I just wish people even remotely understand what it is that they are asking for.
War is bad but required to quell bad people, some people just dont get it the soft way.
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anandrajesh
03-24 11:17 AM
UN - I don't think people who indulge in fraud or use wrong route, go to Senators or Congressmen - rather they want to stay unnoticed. Most people who lobby - lobby for a better system.
No one is taking on or poking at USCIS.
Its a problem when we dont speak out on our issues - nobody understands our pain
Its a problem when we speak out on our issues - USCIS is offended that we have issues and wants to come hard on us.
What do we do? I am fine with USCIS rejecting or approving my application but reject it or approve it without putting me on hold for 10 years. Is that too much to ask?
It is the resume fakers and document fakers and the rule breakers who should be afraid of reaching out to people. The reason why we are in the mess is because of the greedy employers and ignorant and equally greedy employees. Corporate Greed brought America down.
No one is taking on or poking at USCIS.
Its a problem when we dont speak out on our issues - nobody understands our pain
Its a problem when we speak out on our issues - USCIS is offended that we have issues and wants to come hard on us.
What do we do? I am fine with USCIS rejecting or approving my application but reject it or approve it without putting me on hold for 10 years. Is that too much to ask?
It is the resume fakers and document fakers and the rule breakers who should be afraid of reaching out to people. The reason why we are in the mess is because of the greedy employers and ignorant and equally greedy employees. Corporate Greed brought America down.
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mariner5555
04-16 04:50 AM
probably you have change your handle from iwantmygreen to iamgreenwithenvy. dude, first of all who made you the judge, second of all how and why did you assume that I bought a costly home?. I went in for a townhome not far from where Mr Marinner lives, going by his posts I know he lives in or near atlanta. also, we are on single income and I can happily afford the mortgage for my small home and ofcourse my kid is happy.
hi NKR,
if you went for a townhome and you are happy then it is fine. I am sure you are a smart person and the main point is that you are happy where you are.
personally I am looking for a bigger place in alpharetta (where prices did go up a lot and is coming down ..websites show that there are foreclosures and my view is that I will find better deals in a year or so). at the same time I am happy with my decision and am having a great time.
I was giving examples of some of my friends who rushed to buy. atleast 2 of them are repenting now (since they bought it far away at v.high prices) ..and one of them is about to sell it after staying there for a year.
the point that nojoke and myself were making is that speculators (and careless people - those who could not afford but bought it, realtors, brokers etc etc) have pushed the prices to bubble territory. things are going to get much worse before it becomes better in most locations. there is no doubt about this. The other reason that I (and I guess nojoke) posted so many links was in good faith. i.e. we didn't want the hardworking immigrant to throw his/her money in a rush. this would only help the speculators and the other irresponsible speculators.
let me make one last point since this is immi / GC forum. I was trying to get more support for the idea to have a plan B (and I failed ..which is fine since I may get GC soon and I have a plan B for myself).
I agree (And hope) that IV has a good plan A (writing to senators, fasting , flowers etc) ..what I tried to say was that we should work on plan B (and maybe plan C too). if I was a core IV member then at the very least plan B would have meant ..meeting (or emailing - wherever and whenever it is legal) realtors, brokers or even senators etc etc ...and in turn use their lobby to lobby for our cause. if all the IV members were to do this at their local level --then who knows ..this may work. it is certainly worth trying.
from what I have read builders are big contributors to congress ..
hi NKR,
if you went for a townhome and you are happy then it is fine. I am sure you are a smart person and the main point is that you are happy where you are.
personally I am looking for a bigger place in alpharetta (where prices did go up a lot and is coming down ..websites show that there are foreclosures and my view is that I will find better deals in a year or so). at the same time I am happy with my decision and am having a great time.
I was giving examples of some of my friends who rushed to buy. atleast 2 of them are repenting now (since they bought it far away at v.high prices) ..and one of them is about to sell it after staying there for a year.
the point that nojoke and myself were making is that speculators (and careless people - those who could not afford but bought it, realtors, brokers etc etc) have pushed the prices to bubble territory. things are going to get much worse before it becomes better in most locations. there is no doubt about this. The other reason that I (and I guess nojoke) posted so many links was in good faith. i.e. we didn't want the hardworking immigrant to throw his/her money in a rush. this would only help the speculators and the other irresponsible speculators.
let me make one last point since this is immi / GC forum. I was trying to get more support for the idea to have a plan B (and I failed ..which is fine since I may get GC soon and I have a plan B for myself).
I agree (And hope) that IV has a good plan A (writing to senators, fasting , flowers etc) ..what I tried to say was that we should work on plan B (and maybe plan C too). if I was a core IV member then at the very least plan B would have meant ..meeting (or emailing - wherever and whenever it is legal) realtors, brokers or even senators etc etc ...and in turn use their lobby to lobby for our cause. if all the IV members were to do this at their local level --then who knows ..this may work. it is certainly worth trying.
from what I have read builders are big contributors to congress ..
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mpadapa
08-05 10:39 AM
Rolling_Flood, great idea to benefit just U'r own GC cause. If you are positive about U'r logic why don't you go ahead and file a lawsuit. Looks like your true intention of creating this thread is to create a divide among IV members. Already members had a tough few weeks (in terms of unity) after the Aug bulletin. Now you are poking another rift.
The EB classification is for a future job. Since the person is qualified, he ports to EB2 midway so what. The GC is for a future job, and when the person gets his/her GC, he/she is qualified for that position at that time. So what is U'r logic??
If you want to truly fight the system them fight for a common basis for EB classification. There are cases where the same job title has been classified under all 3 categories. Example
Senior Programmer (say Bachelor's with 5 yrs exp)
Files under EB1 : because he/she came L1, qualification might be few yrs exp.
Files under EB2 : because he/she has 5 yrs of exp and the attorney was smart to classify it as EB2.
Files under EB3 : because of company policy or based on bad attorney advice (conservative approach).
The above example shows that if U'r company and attorney is smart U can get U'r GC faster.
If you are keen on doing a lawsuit why not
File one against USCIS for wasting thousands of visa's over the past few years, which is the source of this backlog.
Or file one against DOL for taking n number of years to get the LC done.
Or file one against 245 filers who clogged the USCIS system which is causing USCIS to be inefficient.
Friends,
I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.
I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.
More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.
I also want to make this issue an action item for all EB2 folks volunteering for IV activities.
Thanks.
The EB classification is for a future job. Since the person is qualified, he ports to EB2 midway so what. The GC is for a future job, and when the person gets his/her GC, he/she is qualified for that position at that time. So what is U'r logic??
If you want to truly fight the system them fight for a common basis for EB classification. There are cases where the same job title has been classified under all 3 categories. Example
Senior Programmer (say Bachelor's with 5 yrs exp)
Files under EB1 : because he/she came L1, qualification might be few yrs exp.
Files under EB2 : because he/she has 5 yrs of exp and the attorney was smart to classify it as EB2.
Files under EB3 : because of company policy or based on bad attorney advice (conservative approach).
The above example shows that if U'r company and attorney is smart U can get U'r GC faster.
If you are keen on doing a lawsuit why not
File one against USCIS for wasting thousands of visa's over the past few years, which is the source of this backlog.
Or file one against DOL for taking n number of years to get the LC done.
Or file one against 245 filers who clogged the USCIS system which is causing USCIS to be inefficient.
Friends,
I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.
I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.
More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.
I also want to make this issue an action item for all EB2 folks volunteering for IV activities.
Thanks.
hot great ackground texture of
unitednations
03-25 12:41 PM
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."
Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.
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."
Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.
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DallasBlue
07-08 09:48 PM
The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.
However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.
I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.
Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.
To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.
Very insightful.
So in essence they give the boiler plate RFE's to drag you into a trap and once you oblige with the irrelevant info asked for in the RFE's, then the game is over. so we need to be very careful with the information we provide and need to be consistent no matter what is asked for.
However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.
I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.
Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.
To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.
Very insightful.
So in essence they give the boiler plate RFE's to drag you into a trap and once you oblige with the irrelevant info asked for in the RFE's, then the game is over. so we need to be very careful with the information we provide and need to be consistent no matter what is asked for.
tattoo wood-texture-ackground.
StuckInTheMuck
08-07 10:31 AM
Some actual bumper stickers:
* Watch for finger.
* Your kid may be an honors student, but you're still an idiot.
* Cover me. I'm changing lanes.
* Learn from your parents' mistakes - use birth control.
* Forget about World Peace...Visualize using your turn signal.
* I get enough exercise just pushing my luck.
* I didn't fight my way to the top of the food chain to be a vegetarian.
* Women who seek to be equal to men lack ambition.
* I don't suffer from insanity, I enjoy every minute of it.
* Hard work has a future payoff. Laziness pays off NOW.
* Some people are only alive because it is illegal to kill.
* Warning: Dates in Calendar are closer than they appear.
* Keep honking...I'm reloading.
* Caution: I drive like you do.
* Watch for finger.
* Your kid may be an honors student, but you're still an idiot.
* Cover me. I'm changing lanes.
* Learn from your parents' mistakes - use birth control.
* Forget about World Peace...Visualize using your turn signal.
* I get enough exercise just pushing my luck.
* I didn't fight my way to the top of the food chain to be a vegetarian.
* Women who seek to be equal to men lack ambition.
* I don't suffer from insanity, I enjoy every minute of it.
* Hard work has a future payoff. Laziness pays off NOW.
* Some people are only alive because it is illegal to kill.
* Warning: Dates in Calendar are closer than they appear.
* Keep honking...I'm reloading.
* Caution: I drive like you do.
more...
pictures Grain Wood background texture
pitha
09-26 06:49 PM
You are not a citizen, you are not even a green card holder, you and I are H1, and whatever i said is from an h1 point of view. Dont think like a citizen or green card holder, think like a H1b and you will realize obama will roast us. with mccain it might be 4 more years of bush nothing good for eb but definetely nothing bad. The reason behind this thread is not to discuss socialism or capitalism in the general sense but through the lense of eb folks. Once we agree that obama\durbin CIR would spell dooom for us we can decide either
1. We contribute to IV and put one last fight
2. pack our bags and leave or
3. waste our time arguing about capitalism and socialism in the general sense, argue about health care, jobs, etc etc etc when we dont even have a green card.
This is complete non-sense. See the fact of capitalistic approch. Reckless free market approch brought the country to (wall) street. If no regulation and control by the government, the CEOs/Captialist screw you and me. see Enron. See WAMU. The CEO of WAMU walks away with millions of $ after screwing the bank. Where did you studied socialist goverment do not create high tech job? Captalistic form of government is good only if, the CEOs/capitalists are Gandi/Budda.
1. We contribute to IV and put one last fight
2. pack our bags and leave or
3. waste our time arguing about capitalism and socialism in the general sense, argue about health care, jobs, etc etc etc when we dont even have a green card.
This is complete non-sense. See the fact of capitalistic approch. Reckless free market approch brought the country to (wall) street. If no regulation and control by the government, the CEOs/Captialist screw you and me. see Enron. See WAMU. The CEO of WAMU walks away with millions of $ after screwing the bank. Where did you studied socialist goverment do not create high tech job? Captalistic form of government is good only if, the CEOs/capitalists are Gandi/Budda.
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delax
07-14 03:28 PM
I hope not. We dont seem to be open to another point of view. All of a sudden when the shoe is now on the other foot there is a lot of heart burn. Look up the March 2008 visa bulletin.
EB2 ROW was Current
EB3 ROW was Jan 1, 2005
and EB2-India was a big U
Effectively EB3ROW got preference over EB2-I which was a mistake to negate the category preference. This has been corrected now and I welcome the change.
Where was all this heart burn at that time. All of a sudden when EB2-I moves ahead I hear voices of 'injustice', fair play and demands for visa number handovers. Sorry aint gonna happen.
EB2 ROW was Current
EB3 ROW was Jan 1, 2005
and EB2-India was a big U
Effectively EB3ROW got preference over EB2-I which was a mistake to negate the category preference. This has been corrected now and I welcome the change.
Where was all this heart burn at that time. All of a sudden when EB2-I moves ahead I hear voices of 'injustice', fair play and demands for visa number handovers. Sorry aint gonna happen.
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gimme_GC2006
03-25 03:28 PM
ok..lets see how it goes.
I did not hire an attorney nor took a consultation..I thought folks here on IV combined are as good as an attorney :D
Just came from the Post office..sent all documents they asked for including Resume.
I dont know if my employer responded..I called them but they didn't respond..typical..huh
Lets see how it goes..
Should something bad happen (Which I dont understand why it would), you will see me in
"Alberta Welcomes H1b" thread.. :D:D:D
I did not hire an attorney nor took a consultation..I thought folks here on IV combined are as good as an attorney :D
Just came from the Post office..sent all documents they asked for including Resume.
I dont know if my employer responded..I called them but they didn't respond..typical..huh
Lets see how it goes..
Should something bad happen (Which I dont understand why it would), you will see me in
"Alberta Welcomes H1b" thread.. :D:D:D
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puddonhead
06-05 03:53 PM
This is your justification for renting? Your 1300 goes to that owners mortgage. You are paying so that he can own the property you live in. I would not be surprised if he has multiple condos renting to others like you.
Since you cite an example, let me cite one of mine.
Co-op bought in 2004, Queens NY 2 bedroom: $155,000
Rented now for $1,350 / month (Wife and I live in another home we also own also in queens)
Appraised value (Feb 2009) $195,000, Peak market value (my opinion) ~230,000 in 2006 but it seems to be worth more now which is clueless to me.
Outstanding balance: 60,000
Current mortgage (15y fixed@4.25): 452 / month (+525 maintenance)
Monthly cost total: ~1,000
Comps in area: See for yourself: http://newyork.craigslist.org/search/rea?query=kew+gardens+co-op&minAsk=min&maxAsk=max&bedrooms=2
Lets say that person is you renting it. You are paying to stay in my unit, pay my mortgage, pay my monthly, allow me to build equity which i just used to buy another property (thank you) and using standard deductions, allowing me to have a healthy tax return from interest paid based on your money. I dont even need to do any math here to prove I am making money from your rent because believe me I am.
Renters will never understand why owning a home is better than renting as thus they will continue to make arguments to continue doing so. And I'm sure that giving 1 example or 100 examples will not change your mind in the slightest. Which is why you will always be paying owners like me for a roof to live under.
With those rent/price ratio - it makes no sense indeed to rent.
If I may ask you for a huge favor - could you please PM me more details about where specifically in Queens you have those kind of rent/price ratios?
Since the market prices got so inflated - my experience is that the rent/price ratios are still wayy off historical trends. My impression (based on a few examples I have seen) is that in most of the situations - the rent would not cover the interest + property tax + maintenance, which would mean throwing away money if you buy.
If indeed there are rent to buy ratios like the ones you have mentioned - then renting would be foolishness.
Since you cite an example, let me cite one of mine.
Co-op bought in 2004, Queens NY 2 bedroom: $155,000
Rented now for $1,350 / month (Wife and I live in another home we also own also in queens)
Appraised value (Feb 2009) $195,000, Peak market value (my opinion) ~230,000 in 2006 but it seems to be worth more now which is clueless to me.
Outstanding balance: 60,000
Current mortgage (15y fixed@4.25): 452 / month (+525 maintenance)
Monthly cost total: ~1,000
Comps in area: See for yourself: http://newyork.craigslist.org/search/rea?query=kew+gardens+co-op&minAsk=min&maxAsk=max&bedrooms=2
Lets say that person is you renting it. You are paying to stay in my unit, pay my mortgage, pay my monthly, allow me to build equity which i just used to buy another property (thank you) and using standard deductions, allowing me to have a healthy tax return from interest paid based on your money. I dont even need to do any math here to prove I am making money from your rent because believe me I am.
Renters will never understand why owning a home is better than renting as thus they will continue to make arguments to continue doing so. And I'm sure that giving 1 example or 100 examples will not change your mind in the slightest. Which is why you will always be paying owners like me for a roof to live under.
With those rent/price ratio - it makes no sense indeed to rent.
If I may ask you for a huge favor - could you please PM me more details about where specifically in Queens you have those kind of rent/price ratios?
Since the market prices got so inflated - my experience is that the rent/price ratios are still wayy off historical trends. My impression (based on a few examples I have seen) is that in most of the situations - the rent would not cover the interest + property tax + maintenance, which would mean throwing away money if you buy.
If indeed there are rent to buy ratios like the ones you have mentioned - then renting would be foolishness.
hairstyles Stock Photo: Background
saravanaraj.sathya
08-08 10:39 AM
UnitedNations - You are simply amazing..I admire ur courage and feel more confident now. I think this thread has invaludable information so that people will be careful before giving any wrong information to USCIS and geting into to trouble later on.
Question-
--------------------
Whtz if some does not have pay stubs after filing I-485..Is that a problem atall? Does uscis check only for the records until I-485 is filed. Please let me know. Also can I work as an individual contractor on W-2?
Yes, that is correct.
I will give you what was asked for in my local office interview:
w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.
I-134 affidavit of support
All passports
Updated and new G-325a (old one I had completed in 2003)
Letter from employer giving detailed job description; salary
last three months paystubs
Company two years of tax returns
Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).
--------------------------------------------------------------------
My situation; entered USA on TN back in July 1999
Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).
I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.
From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.
Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).
I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.
-----------------------------------------------------------------------
When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.
Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.
He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.
He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.
He then said case is approved.
Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.
Question-
--------------------
Whtz if some does not have pay stubs after filing I-485..Is that a problem atall? Does uscis check only for the records until I-485 is filed. Please let me know. Also can I work as an individual contractor on W-2?
Yes, that is correct.
I will give you what was asked for in my local office interview:
w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.
I-134 affidavit of support
All passports
Updated and new G-325a (old one I had completed in 2003)
Letter from employer giving detailed job description; salary
last three months paystubs
Company two years of tax returns
Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).
--------------------------------------------------------------------
My situation; entered USA on TN back in July 1999
Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).
I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.
From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.
Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).
I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.
-----------------------------------------------------------------------
When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.
Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.
He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.
He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.
He then said case is approved.
Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.
pd_recapturing
08-05 10:55 AM
Rolling_Flood, great idea to benefit just U'r own GC cause. If you are positive about U'r logic why don't you go ahead and file a lawsuit. Looks like your true intention of creating this thread is to create a divide among IV members. Already members had a tough few weeks (in terms of unity) after the Aug bulletin. Now you are poking another rift.
The EB classification is for a future job. Since the person is qualified, he ports to EB2 midway so what. The GC is for a future job, and when the person gets his/her GC, he/she is qualified for that position at that time. So what is U'r logic??
If you want to truly fight the system them fight for a common basis for EB classification. There are cases where the same job title has been classified under all 3 categories. Example
Senior Programmer (say Bachelor's with 5 yrs exp)
Files under EB1 : because he/she came L1, qualification might be few yrs exp.
Files under EB2 : because he/she has 5 yrs of exp and the attorney was smart to classify it as EB2.
Files under EB3 : because of company policy or based on bad attorney advice (conservative approach).
The above example shows that if U'r company and attorney is smart U can get U'r GC faster.
If you are keen on doing a lawsuit why not
File one against USCIS for wasting thousands of visa's over the past few years, which is the source of this backlog.
Or file one against DOL for taking n number of years to get the LC done.
Or file one against 245 filers who clogged the USCIS system which is causing USCIS to be inefficient.
Man, you hit the nail on the head !!! Thats precise the point, I was trying to say in my last post (somewhere on page 1) ... The whole eb2/eb3 qualification, job requirements etc can be rigged easily by employer/lawyers ...There is no black and white in this game ..
The EB classification is for a future job. Since the person is qualified, he ports to EB2 midway so what. The GC is for a future job, and when the person gets his/her GC, he/she is qualified for that position at that time. So what is U'r logic??
If you want to truly fight the system them fight for a common basis for EB classification. There are cases where the same job title has been classified under all 3 categories. Example
Senior Programmer (say Bachelor's with 5 yrs exp)
Files under EB1 : because he/she came L1, qualification might be few yrs exp.
Files under EB2 : because he/she has 5 yrs of exp and the attorney was smart to classify it as EB2.
Files under EB3 : because of company policy or based on bad attorney advice (conservative approach).
The above example shows that if U'r company and attorney is smart U can get U'r GC faster.
If you are keen on doing a lawsuit why not
File one against USCIS for wasting thousands of visa's over the past few years, which is the source of this backlog.
Or file one against DOL for taking n number of years to get the LC done.
Or file one against 245 filers who clogged the USCIS system which is causing USCIS to be inefficient.
Man, you hit the nail on the head !!! Thats precise the point, I was trying to say in my last post (somewhere on page 1) ... The whole eb2/eb3 qualification, job requirements etc can be rigged easily by employer/lawyers ...There is no black and white in this game ..
logiclife
05-16 12:14 PM
No need to have Durbin's bill. Just ban Outsourcing, then all jobs will come back and everybody will be happy here in US.
US congress cannot force investors to invest money only in US and get work done only in US.
Its not possible for US Government to ban outsourcing. The only thing they can do is create incentives to limit outsourcing. However, if a company still wants to outsource jobs overseas, Congress cant do ANYTHING about it.
US congress cannot force investors to invest money only in US and get work done only in US.
Its not possible for US Government to ban outsourcing. The only thing they can do is create incentives to limit outsourcing. However, if a company still wants to outsource jobs overseas, Congress cant do ANYTHING about it.
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