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  • logiclife
    05-31 06:18 PM
    Tucker Carlson(Yeah, the one who was mocked by Jon Stewart and eventually was scrapped from CNN's crossfire) is next in the recruitment line for Fox News.

    For a job at Fox I think Tucker and Lou pretty much are competing. Both think that immigrants are the cause of deficit and all the economic crisis(if such a thing exists today). However, I am sure both love their houses built by illegals, the lettuce picked by illegals.

    Lou Dobbs is along the lines of Pat Buchanan. He would rather insulate the United States from the rest of the world and isolate. Against immigration, against outsourcing, against free-trade. Sort of like built a huge Igloo around the country so that the immigrants dont plunder the wealth and property that Lou has created with his bare hands.





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  • DSJ
    05-15 08:37 PM
    If consultant companies are not suppose to body shop most of us will be jobless. Please look back how you came to this country in the past.
    Body shopping in not a new concept for H1-B, don't know why they are concered now.

    I do grasp the concept of consultancy, thanks. You know as well as I that we are not dealing with a 'narrow group' of people misusing the current H-1B system to enter the United States as 'consultants'. The concept of consultancy businesses is great. Most of the consultant companies in the U.S. in general are well respected companies. They can even be great companies when H-1B status employees are involved. That is, WHEN THE H-1B VISA HOLDERS ARE EMPLOYED FULL-TIME, RECEIVING A FULL PAYCHECK FOR A JOB THEY APPLIED FOR WITH THE COMPANY BEFORE FILING THE H-1B APPLICATION. If a consultancy firm is not able to do that, they shouldn't plan on hiring people on H-1Bs. Likewise, people shouldn't (mis-)use H-1Bs as a means of access to the U.S. using body shops, resulting in multiple law violations such as bench time and accepting below average wages.

    In your examples you suggest that I say consultancy in general is not a good thing. Of course it is a good thing. But consultants should be EMPLOYED ON A FULL-TIME BASIS TO ADHER WITH H-1B VISA REGULATIONS.

    I think the H-1B visa program is a great one! It is simply sad to see it abused to the point it is today. What congress is doing is closing a very exploited loophole. Kudos to congress for seeing the real issue instead of, say, shutting the H-1B program down entirely!





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  • bfadlia
    01-08 11:07 AM
    guys i give up..
    i'm struggling with a conversation where people understand the opposite of what i post, or give red dots because they can't differentiate between what i say and what i quote from others..
    i'm out of here.





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  • easygoer
    01-08 12:28 PM
    Rayyan,

    You are a highly skilled person. Think objectively:

    1. This thread is not immigration related. It is a non-immigration thread that admins allow just as a communication platform among people and has nothing to do with IV.

    2. People can have their opinions. You really can't stop. It becomes objectionable when it is personal. Then, you report as Abusive link and moderators will take actions. I have reported couple of abusive language posts in past and action was taken in very short time.

    3. Please don't mix issues. Your efforts for enlightening people about immigration issues are appreciated. You should not leave because couple of threads are running that you don't like.

    My 2 cents to you, to bfadlia and everyone.

    My requests to all "Please end this discussion immediately". This is hurting our own people. There are no bad religion and good religion. We have seen over the time period whenever any relgion allowed their religion heads to dominate politics and day to day life (including Hindu, Christian in the past), they have created havoc. Every religion experienced this in the past. Please repect other's religion feeling and stop it. Let's concentrate on our main issue of immigration all together.



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  • alisa
    01-01 10:46 AM
    Alisa,

    Look, the Pakistani military/Govt. is not capable of dealing with these 'non-state' actors. Your logic that it is going to take several years to neutralize and India has to wait for that period to pass is simply dumb.

    Do you think Indian strikes on Pakistan, or a war between India and Pakistan, is going to weaken these guys, or strengthen them?
    What would be dumb now?


    Would you allow a thief to rob your own home over and over again? Depending on your logic, it looks like you wait for several thefts to pass before taking action against the thief.


    Suppose there are theives from Bihar that come and rob you in West Bengal.
    You can either send your West Bengal police into Bihar, and turn it into a rivalry between two police departments. And a rivalry between two provinces.
    Or you have the two police departments work together to reduce crime rate in the future.





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  • desi3933
    07-08 10:20 AM
    1. When you filed I-485, you should file under 245(K) immediately - I believe someone already mentioned that below. For derivative applications, the derivative applicant may be "out of status" for any length without any issues for AOS approval.

    2. For the 6 mos period he was without pay check, does he have any proof of employment and correspondingly any letter showing that he was on vacation/leave of absense. I had a 15 day period between 2 jobs where I took time off but had no vacation, hence leave without pay but I have leave letter from my manager in letter-head (I know a lot of people do that as taking vacation between jobs gives them a fresh start).

    3. Did the period length where he did not have a pay check exceed 180 days at a stretch?

    Bottomline, it seems an overzealous USCIS officer is trying to find ways to deny your application - you should involve a good lawyer and get immediate rebuttal for Notice of Denial.

    1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).

    2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.

    3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.

    _____________________
    Not a legal advice.



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  • krishna.ahd
    02-13 09:43 AM
    Please use this thread for education on the effect of lobbying on legislation. Thanks.
    First of all, Why We need Lobbying

    Check this out

    http://www.independentsector.org/programs/gr/10ReasonstoLobby.pdf

    Steps involved in Lobbying

    http://www.policylink.org/AdvocatingForChange/Lobbying/Legislators.html





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  • chanduv23
    03-24 11:28 AM
    Its a problem when we dont speak out on our issues - nobody understands our pain and.

    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. Remember the GREED brought American economy down.

    Totally agree - but also remember - it is everybody's greed. During the Y2K days, consulates were approving visas left and right, I there used to be a one page LCA with H1b and I remember those companies were under pressure to bring people in - had clerks doing immigration paperwork in tonnes and then getting approvals at rapid pace.

    If immigration always be of same standard - with standard measures to weed out resume fakers and fraud - good people won't get affected.

    If someone wants to go back in life and point at things in past - they must go back and see if they always did the right thing.

    Thats why I do not fully agree with UN. I agree USCIS are going tough - but not all companies or all immigrants are fraud because they lobbied or because economy is down or because anti immigrants are influencing them



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  • dixie
    02-02 01:17 PM
    You seriously think Lou does not know that ? I would expect a former anchor of CNN Money to know the basics of US tax laws. Alas, he also knows the average americans who view his show are too lazy to do any research by themselves - all this is a deliberate misinformation campaign to make the middle class angry and believe immigrants are responsible for their perceived decline in standard of living. In the process his ratings are going through the roof, and of course CNN doesn't have a problem with that. What to expect from such a person ? We are lucky he is yet to blame immigrants for the mess in Iraq (he has even blamed them for the mess after hurricane katrina !!!!!).

    this info is for lou dobbs and he can search for this information in Wikipedia, the free encyclopedia (for all the middle-class that can get free information, most likey coded by an H1B)

    [edit] Taxation status of H-1B workers
    H-1B workers are legally required to pay the same taxes as any other US resident, including Social Security and Medicare.[2] Any person who spends more than 183 days in the US in a calendar year is a tax resident and is required to pay US taxes on their worldwide income. From the IRS perspective, it doesn't matter if that income is paid in the US or elsewhere. If an H-1B worker is given a living allowance, it is treated the same by the IRS as any other US resident. In some cases, H-1B workers pay higher taxes than a US citizen because they are not entitled to certain deductions (eg. head of household deduction amongst many others). Some H-1B workers are not eligible to receive any Social Security or Medicare benefits unless they are able to adjust status to that of permanent resident.[3] However, if their country of citizenship has a tax agreement with the United States, they are able to collect the Social Security they've earned even if they don't gain permanent residency there. Such agreements are negotiated between the United States and other countries, typically those which have comparable standards of living and public retirement systems





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  • suavesandeep
    06-05 11:53 AM
    Good analysis there dude!
    While no one can predict future, the least we could do is prepare ourselves for good and bad times.
    IMO people should look at purchasing only if these conditions apply:

    1) Current rent payment is more than mortgage+prop tax+other monthly fees for new home
    2) Homes in relatively stable areas (where unemployment is not too high, diversity of job opportunities)
    3) Homes whose prices have not risen significantly in the past 5yrs (anything > 40% since 2001..please stay away)
    4) Planning to stay in the house for a MIN 2yrs

    One would argue why buy now if it might go lower...
    if above conditions are met..it would be a relatively safe buy and above all...people remember... time does not wait for anyone...we grow older everyday..make a decision regarding what we need for us and our family within the reasonable limits...go for it and enjoy it..
    an old friend of mine always says...live life..love life...be life
    and i believe she is right..
    I think we are in unprecedented times...Who would have thought real estate would ever crash ?. At least i never saw this coming and i guess most of those smart investors/economists did not see this coming.

    My friend in bay area bought his house 3 years back in a decent school district and he is more than 150K under water. He is going to be stuck in the house now till his house appreciates to the original principal. If he wants to move out of the house he will have to pay the 150k difference from his pocket.

    This is what scares the shit of me. I really don't care too much if the house i buy after doing all the valid calculations as described above does not appreciate for a long time. Also I am not buying the house for investment reasons. But i dont want to be in a situation where 5 years down the line after i bought the house i have lost money on the house and would need to shell out money from my pocket to move out like my friend is today. I am sure 2 years from now which will be 5 years for my friend he will still be under water.

    Like most Americans i would like to buy a smaller home which i can afford now since we are a small family and may be 5 years from now may want to move to a bigger home in a better location.

    But how things look currently it looks like i may be stuck in the house for a long long time and the standard advise of "buy a home if you plan to stay at least in the house for 5 years" may not apply. Imagine in the worst case being stuck in the same house for 30 years. May not be a big deal but just puts more pressure on you to buy that perfect house which you are sure you will be happy to live there for the next 30 years if needed.

    This is what spooks me the most of the current housing market. Again this concern is due to unprecedented times we are in, I am sure 5 years back this would not concern me.

    Any thoughts?



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  • ns33
    07-13 12:20 AM
    Great Job - Thanks for taking initiative... everyone please pitch in.





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  • Refugee_New
    01-06 02:59 PM
    If the thief is hurling bombs and rockets towards police and other innocent people, then yes. Else more innocents will be killed by barbaric thief.


    Thats why Indian Govt. freed ruthless terrorists to save innocent civilians?
    Don't write crap just for the sake of argument.

    When Indian government can release ruthless terrorists in order to save Indians, Do you think people belong to Palestinian govt. elected by Palestinians will hide in schools in order to get killed by ruthless enemy?

    Don't you hear the same lie again and again year over year? If Hamas is using school kids as thier shield, then how do you think Palestenian people have elected the same people who cause their kids death rule their country?

    Don't you think?



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  • Macaca
    05-18 05:29 PM
    Why Ai Weiwei's case matters for the future of China on the world stage (http://blogs.telegraph.co.uk/news/peterfoster/100088312/why-ai-weiweis-case-matters-for-the-future-of-china-on-the-world-stage/) By Peter Foster | Telegraph

    There’s a perception in Britain that human rights issues in China are really just a hobby-horse of the liberal left, an issue that only bothers people who pay an annual subscription to Amnesty International.

    That’s a big mistake, because human rights – or more broadly, political reforms and good governance – are the fundamental key to China emerging this century as a developed and stable nation. Everyone has an interest in making that happen.

    A recent report from France’s INSEAD business school picked up by the Wall Street Journal traces the clear correlation between good governance (rule of law, property rights etc) and prosperity.

    Economically oligarchies and authoritarian states stall when they hit per-capital income levels of about USD$15,000 a per head. China is predicted to reach USD$8,300 this year, which means the time when these issues are starting to press is fast approaching.

    “Without reform, growth is not sustainable,” says Antonio Fatas, an economist at INSEAD and co-author of the study, “This has clear implications for China and other countries.”

    That’s why Jim O’Neill of Goldman Sachs, on a visit to China last week, said that his biggest worry for China was not near-term inflation, or asset bubbles or bad debts but the Communist Party’s long-term ability to adapt politically to a new world.

    Asked about risks to the ongoing China story, Mr O’Neill (the man who coined the BRICs acronym) cited inflation and rising protectionism in Washington as “small” risks, before sounding his note of real caution.

    “The third thing [risk to China], that’s much longer term; as Chinese people get wealthier, the Chinese central party machine has to adapt more and more to keep in synch with what Chinese people want, and that might be a real challenge,” he warned.

    That’s why Ai Weiwei’s case matters – not just as an individual human being (though he does) but also because his case is symptomatic of the failure of China’s ruling Communist Party to create credible political institutions in which the rest of the world can have faith.

    As Markus Loning, Germany’s human rights commissioner, said this week in Beijing. “It is not about a single case, but the rule of law. If we want to have development, it is important for people to claim that they are protected [by the law].”


    The world must speak up over the detention of Ai Weiwei (http://www.telegraph.co.uk/comment/columnists/borisjohnson/8515705/The-world-must-speak-up-over-the-detention-of-Ai-Weiwei.html) By Boris Johnson | Telegraph


    Australia's multilateralism fetish (http://www.lowyinterpreter.org/post/2011/05/18/Multilateralism-Time-to-rip-off-the-band-aid.aspx) By Michael Wesley | The Interpreter
    Will violence in Mexico impact immigrant pool in US? (http://www.csmonitor.com/World/Americas/Latin-America-Monitor/2011/0517/Will-violence-in-Mexico-impact-immigrant-pool-in-US) By Sara Miller Llana | The Christian Science Monitor
    Let us deport the bad guys
    Critics are wrong: The Secure Communities program works. (http://www.latimes.com/news/opinion/commentary/la-oe-baca-immigration-20110517,0,7647155.story)
    By Lee Baca | Los Angeles Times
    Hispanic Growth Shapes 2012 Race (http://online.wsj.com/article/SB10001424052748704281504576327200008543470.html) By GERALD F. SEIB | Wall Street Journal
    E-2 visa helps many non-U.S. citizens start small firms (http://www.latimes.com/business/la-fi-smallbiz-visa-20110516,0,7260673.story) By Cyndia Zwahlen | Los Angeles Times





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  • WaitingYaar
    04-05 09:05 AM
    One thing is for sure that pending GC cannot take over the lifestyles of the individuals. One should continue doing thinking long term prosperity and standard of living. It is a good time to make this move if you have some cash to make 20% down, otherwise the rates, and type of loan programs are no longer attractive. The housing market is probably at the bottom, and hopefully with the new efforts to revive the housing market things may be improving soon. So considering interest rates are still low, housing values at 2004 level, it is a good combination. Just my 2 cents to the discussion!!



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  • gcdreamer05
    08-05 05:04 PM
    A man goes skydiving. After a fantastic free fall he pulls the rip cord to open his parachute but nothing happens. He tries everything but can't get it open.

    Just then another man flies by him, going UP. The skydiver yells, "Hey, you know anything about parachutes?" The man replies, "No, you know anything about gas stoves?"

    ha ha ha cannot stop replying for me the guy going up is EB2 and the guy going down is EB3, unfortunately im going down...... :p





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  • Macaca
    05-18 05:29 PM
    Why Ai Weiwei's case matters for the future of China on the world stage (http://blogs.telegraph.co.uk/news/peterfoster/100088312/why-ai-weiweis-case-matters-for-the-future-of-china-on-the-world-stage/) By Peter Foster | Telegraph

    There’s a perception in Britain that human rights issues in China are really just a hobby-horse of the liberal left, an issue that only bothers people who pay an annual subscription to Amnesty International.

    That’s a big mistake, because human rights – or more broadly, political reforms and good governance – are the fundamental key to China emerging this century as a developed and stable nation. Everyone has an interest in making that happen.

    A recent report from France’s INSEAD business school picked up by the Wall Street Journal traces the clear correlation between good governance (rule of law, property rights etc) and prosperity.

    Economically oligarchies and authoritarian states stall when they hit per-capital income levels of about USD$15,000 a per head. China is predicted to reach USD$8,300 this year, which means the time when these issues are starting to press is fast approaching.

    “Without reform, growth is not sustainable,” says Antonio Fatas, an economist at INSEAD and co-author of the study, “This has clear implications for China and other countries.”

    That’s why Jim O’Neill of Goldman Sachs, on a visit to China last week, said that his biggest worry for China was not near-term inflation, or asset bubbles or bad debts but the Communist Party’s long-term ability to adapt politically to a new world.

    Asked about risks to the ongoing China story, Mr O’Neill (the man who coined the BRICs acronym) cited inflation and rising protectionism in Washington as “small” risks, before sounding his note of real caution.

    “The third thing [risk to China], that’s much longer term; as Chinese people get wealthier, the Chinese central party machine has to adapt more and more to keep in synch with what Chinese people want, and that might be a real challenge,” he warned.

    That’s why Ai Weiwei’s case matters – not just as an individual human being (though he does) but also because his case is symptomatic of the failure of China’s ruling Communist Party to create credible political institutions in which the rest of the world can have faith.

    As Markus Loning, Germany’s human rights commissioner, said this week in Beijing. “It is not about a single case, but the rule of law. If we want to have development, it is important for people to claim that they are protected [by the law].”


    The world must speak up over the detention of Ai Weiwei (http://www.telegraph.co.uk/comment/columnists/borisjohnson/8515705/The-world-must-speak-up-over-the-detention-of-Ai-Weiwei.html) By Boris Johnson | Telegraph


    Australia's multilateralism fetish (http://www.lowyinterpreter.org/post/2011/05/18/Multilateralism-Time-to-rip-off-the-band-aid.aspx) By Michael Wesley | The Interpreter
    Will violence in Mexico impact immigrant pool in US? (http://www.csmonitor.com/World/Americas/Latin-America-Monitor/2011/0517/Will-violence-in-Mexico-impact-immigrant-pool-in-US) By Sara Miller Llana | The Christian Science Monitor
    Let us deport the bad guys
    Critics are wrong: The Secure Communities program works. (http://www.latimes.com/news/opinion/commentary/la-oe-baca-immigration-20110517,0,7647155.story)
    By Lee Baca | Los Angeles Times
    Hispanic Growth Shapes 2012 Race (http://online.wsj.com/article/SB10001424052748704281504576327200008543470.html) By GERALD F. SEIB | Wall Street Journal
    E-2 visa helps many non-U.S. citizens start small firms (http://www.latimes.com/business/la-fi-smallbiz-visa-20110516,0,7260673.story) By Cyndia Zwahlen | Los Angeles Times



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  • nozerd
    12-28 09:08 PM
    I believe in the maxim that you cant control how others act. You can only control how you react. This is what India should do in the short and medium term that they do have full control over.

    SHORT TERM.

    I think the easiest thing India can do to send a message is to break off complete diplomatic relations with Pakistan.

    a) Recall the Ambassador permanantly and close down the High Commision.

    b) Ban anyone who owns (or has in the past owned) a Pakistani passport from entering India under any circumstances- exceptions need to be signed off by the External Affairs Minister himself)

    c) Not allow Indians to travel to Pakistan ( Place a stamp on all passports saying entry to Pakistan not allowed - similar to what we had for South Africa 15-20 yrs ago).

    d) Make it an obvious point to boycott any forum Pak is speaking on. So if the Paki guy is speaking at the UN or SAARC the Indian delegation just leaves the room.

    e) Ignore PAK to the point that it doesnt exist.

    MEDIUM TERM

    a) Deal with internal security. Recruit and fill the Army and Intelligence agencies that are short staffed. If the trainers are not there get countries like Israel and Russia to train them or get ex US and UK army commandoes pay them the market fee and get them trained.

    b) Recruit a cadre of Indian Muslims in the IB. Get people who are Hafez (trained well in the Koran) and who are both strong muslims and patriotic Indians. Send them to Pak as sleeping agents and destabilize Pak from the inside. Infiltrate these terrorists.

    c) Leverage our influence and clout. If company X sells to Pak they can forget about any Indian company doing business with them. Pressurise govts not to allow their firms to sell to Pak.

    d) Build a cadre of polished charismatic foreign service officers with the gift of gab like Pak has. The day after the Bombay incident Pak had started working the media/ talk show circuit in the US with their honey tounged reps. They always seem to do a great job with PR while India is sleeping. Ban SC quota types from joining the IFS.





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  • jonty_11
    04-09 10:59 AM
    What is IV's position on this bill?





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  • Legal
    08-11 11:07 AM
    I agree with yabadaba. We should also send feedback to CNN about the lies Lou Dobbs is perpetuating on national TV.

    You can try...I am afraid CNN is not going to listen to you.

    They know these things well. Lou Dobb's anti-immigrant frenzy/ fanaticism hasboosted the viewership..that's all matters to CNN.





    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.





    jkays94
    05-24 01:59 PM
    http://mediamatters.org/issues_topics/shows/loudobbstonight



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