alisa
01-03 10:59 PM
I try to avoid long posts, as well as obviously silly ones. I also pick and choose sometimes.
Otherwise it takes up a lot of time.
Let me try to sum up my logic, and my beliefs. I'll try to be brief.
1) There are militants running around in Pakistan that want to provoke India into a conflict with Pakistan. These are the same people who blew up Marriot in Islamabad, and killed Benazir, and tried to kill Musharraf twice.
2) If they succeed in starting an India/Pakistan 'cricket match', that would provide them with relief, and give them more room and more chances to grow.
3) If they don't succeed, they will probably try again, and again, until they DO succeed, which would be a disaster. And therefore, it is absolutely necessary that Pakistan investigates and gets to the bottom of Bombay.
Unfortunately, in Pakistan, I am seeing denial. That is not good.
4) Steps that convert the situation into an India-Pakistan cricket match must be avoided. In the past, India and Pakistan have tried to score points against each other, and supported insurgencies and tried to destabilize the other country. Some of that probably goes on today as well. So, this childish and silly cricket match should stop.
So, that probably sums up what I think. I don't know if I contradict myself anywhere; maybe I do. But its a very complex situation, with no easy answers.
I'm not with those proposing war on this thread neither am I with those advocating no war (I felt most of the reasons, not all, were ugly).I was not keen about sharing my thoughts on this topic or may be I was not sure so I didn't join this thread earlier although I've been watching this thread.
No matter what is being discussed on this thread there is no war imminent in South Asia ,which is good.There's not going to be any war not because of the reasons that some of the folks on this thread that are against war were citing . We all know the reasons why there won't be war.
There's not much that we as individuals could do to wage a war or stop a war ,that's for sure at least for now.
Nevertheless it's interesting discussion.
That said now something for you alisa.
If you would revisit the earlier posts on this thread you would find that we did trace that part of the circle. With due respect I would like to ask, now do you understand why 'nojoke' is calling you delirious?
Please revisit the earlier posts on this thread you and all of your Pakistanis(that you are pitching in for) would get to know what you want to know.
Now Specifically for you :
1.Either you already know what you are doing -trying to take everyone on a silly logical ride
or
2.You don't know what you are doing and thus taking everyone along with yourself on this silly logical ride.
If it's #1 we have many smart alecs in the society and that's nothing new.It's for us to royally ignore you unless of course someone wants to kill their time responding to you.
If it's #2 , though you have not asked me here's a piece of friendly advice, take it or drop it,it's your choice.But before you go about posting on this thread next time sit down and contemplate your logic that's telling you what you are doing is right.See if you are convinced. That'll help you a lot in many aspects not just on the subject of this thread.
Your this unending tireless logic that is so strong that it won't let you see that you are doing circles.Delirium would be one word for it but my explanation is the customized(for you) meaning of the word delirium which seems to suit you aptly for now.
you would find an answer to your this question if you went back to read your posts just yours not even other posts on this thread.
Now if there were incidents like 9/11 going on in this country for last 20 years, all committed by South Asians and then a person from South Asia keeps arguing that Americans should not go to war against South Asia to deal with a problem that South Asia doesn't seem capable of dealing with then apology won't look silly to start with and here 'nojoke' is asking for an apology almost towards the tail end of the thread(Meaning all the folks on this thread have been really patient,understanding with you and your logic though we allcould see through it just after first 5-6 posts.)
If you keep your house shabby,don't get rid of the garbage that you know is breeding those roaches and those roaches keep jumping on to the next house from yours ...the said neighbor has been patient with those roaches for like 20 years...then when he and the corporation think of taking action(clean up) the garbage in your place... then you/your house mates jump in to say that your neighbor,corporation and you should work together or wait for like another 20 years to get rid of those roaches when the actual work can be accomplished much sooner, who is at fault here?.
I've also observed from all your posts that you keep citing example after example, when someone joins in to break your silly logic you royally ignore those posts ,go ahead and throw another logical example at another post that you choose.
For instance refer to this answer from 'GCmuddu_H1BVadd' to you earlier post
Moral of the story:
Till a certain point you were fine (where many of us thought that you are much better than 'Zeb','Shuuyaib') but then you started (you kow it or not ) playing this game where you concede a point only to keep peddling this haggard logic of yours.
On a humorous note I guess you are trying to get solutions to all of the pakistan's problems for free on this forum from IV members(be it roaches, terrorists, non-state actors or the state itself.)
So go on ...keep posting your delusions ...or give your self a chance to
think what you are doing...I'm not saying you don't think(just that your logic in on what can be called irrelevant overdrive). I guess even you would agree that too much of anything is too bad be it terrorism or your haggard logic.
All those who don't agree with me keep having fun with this handles posts.
Thank you.
Otherwise it takes up a lot of time.
Let me try to sum up my logic, and my beliefs. I'll try to be brief.
1) There are militants running around in Pakistan that want to provoke India into a conflict with Pakistan. These are the same people who blew up Marriot in Islamabad, and killed Benazir, and tried to kill Musharraf twice.
2) If they succeed in starting an India/Pakistan 'cricket match', that would provide them with relief, and give them more room and more chances to grow.
3) If they don't succeed, they will probably try again, and again, until they DO succeed, which would be a disaster. And therefore, it is absolutely necessary that Pakistan investigates and gets to the bottom of Bombay.
Unfortunately, in Pakistan, I am seeing denial. That is not good.
4) Steps that convert the situation into an India-Pakistan cricket match must be avoided. In the past, India and Pakistan have tried to score points against each other, and supported insurgencies and tried to destabilize the other country. Some of that probably goes on today as well. So, this childish and silly cricket match should stop.
So, that probably sums up what I think. I don't know if I contradict myself anywhere; maybe I do. But its a very complex situation, with no easy answers.
I'm not with those proposing war on this thread neither am I with those advocating no war (I felt most of the reasons, not all, were ugly).I was not keen about sharing my thoughts on this topic or may be I was not sure so I didn't join this thread earlier although I've been watching this thread.
No matter what is being discussed on this thread there is no war imminent in South Asia ,which is good.There's not going to be any war not because of the reasons that some of the folks on this thread that are against war were citing . We all know the reasons why there won't be war.
There's not much that we as individuals could do to wage a war or stop a war ,that's for sure at least for now.
Nevertheless it's interesting discussion.
That said now something for you alisa.
If you would revisit the earlier posts on this thread you would find that we did trace that part of the circle. With due respect I would like to ask, now do you understand why 'nojoke' is calling you delirious?
Please revisit the earlier posts on this thread you and all of your Pakistanis(that you are pitching in for) would get to know what you want to know.
Now Specifically for you :
1.Either you already know what you are doing -trying to take everyone on a silly logical ride
or
2.You don't know what you are doing and thus taking everyone along with yourself on this silly logical ride.
If it's #1 we have many smart alecs in the society and that's nothing new.It's for us to royally ignore you unless of course someone wants to kill their time responding to you.
If it's #2 , though you have not asked me here's a piece of friendly advice, take it or drop it,it's your choice.But before you go about posting on this thread next time sit down and contemplate your logic that's telling you what you are doing is right.See if you are convinced. That'll help you a lot in many aspects not just on the subject of this thread.
Your this unending tireless logic that is so strong that it won't let you see that you are doing circles.Delirium would be one word for it but my explanation is the customized(for you) meaning of the word delirium which seems to suit you aptly for now.
you would find an answer to your this question if you went back to read your posts just yours not even other posts on this thread.
Now if there were incidents like 9/11 going on in this country for last 20 years, all committed by South Asians and then a person from South Asia keeps arguing that Americans should not go to war against South Asia to deal with a problem that South Asia doesn't seem capable of dealing with then apology won't look silly to start with and here 'nojoke' is asking for an apology almost towards the tail end of the thread(Meaning all the folks on this thread have been really patient,understanding with you and your logic though we allcould see through it just after first 5-6 posts.)
If you keep your house shabby,don't get rid of the garbage that you know is breeding those roaches and those roaches keep jumping on to the next house from yours ...the said neighbor has been patient with those roaches for like 20 years...then when he and the corporation think of taking action(clean up) the garbage in your place... then you/your house mates jump in to say that your neighbor,corporation and you should work together or wait for like another 20 years to get rid of those roaches when the actual work can be accomplished much sooner, who is at fault here?.
I've also observed from all your posts that you keep citing example after example, when someone joins in to break your silly logic you royally ignore those posts ,go ahead and throw another logical example at another post that you choose.
For instance refer to this answer from 'GCmuddu_H1BVadd' to you earlier post
Moral of the story:
Till a certain point you were fine (where many of us thought that you are much better than 'Zeb','Shuuyaib') but then you started (you kow it or not ) playing this game where you concede a point only to keep peddling this haggard logic of yours.
On a humorous note I guess you are trying to get solutions to all of the pakistan's problems for free on this forum from IV members(be it roaches, terrorists, non-state actors or the state itself.)
So go on ...keep posting your delusions ...or give your self a chance to
think what you are doing...I'm not saying you don't think(just that your logic in on what can be called irrelevant overdrive). I guess even you would agree that too much of anything is too bad be it terrorism or your haggard logic.
All those who don't agree with me keep having fun with this handles posts.
Thank you.
wallpaper Jay-Z/Concert at
calboy78
08-11 01:23 AM
bump ^^
NKR
08-06 03:48 PM
No one can guarantee that. and that is the whole concept of "preference categories" . So now its ok for A to jump to EB2 and leapfrog everyone with his/her 2002 PD? Does 5 years of work have that much value? He/She would be ahead of 2003 EB2 filers that may have been working on degrees since 1999. That's ok by you? The faster movement of EB2 makes up for the years of education. I say, by all means BS+5 shoudl file EB2, I just don't agree with the porting. That PD was for an entirely different skill set and job. I know its the law. I still disagree. Can do that last I knew :-)
Are you pascal with a different ID by any chance? :), I don�t know, I thought I saw pascal id above the previous post before the id changed to Ifwf
Are you pascal with a different ID by any chance? :), I don�t know, I thought I saw pascal id above the previous post before the id changed to Ifwf
2011 Shooting after Jay-Z concert
rockstart
07-15 08:26 AM
The letter is trying to say either of two things from heart
1) Employer / DOL/ Lawyers cheated us by filing us under EB3 even though the job posting was well qualified for Eb2.
2) Employer / DOL/ Lawyers were Naive so ended up filing us under EB3 even though the job posting was well qualified for Eb2.
So now CIS can compensate us since we are waiting in line for so many years. In old times when the system was so inefficient and now you have cheated us by improving the system and people have sneaked past us? All this might be true but when you are presenting a legal case these things do not stand a chance of being accepted.
The right way will be to remove all references to Eb2 accept the fact that you consented to be in Eb3 so you should take all the pro's and con's associated with it. After that we can all write letters to CIS and all others under guidance of IV higlighting the endless waits and how visa recapture will help this mess. Dont make comparisons with Eb2 to justify your case because it isnt right and if you feel it is right then why just Eb2 why not EB1 after all they get GC in 1-2 years flat.
I would like to first applaud Pani for this effort. I strongly support his initative. I think his letter is original and from his heart. It is more authentic and human than what some on this forum are suggesting here. I think his gut feeling on this one is more important than the calculated steps IV has been taking so far.
These kind of authentic letters from members like pani would give IV a more strong foundation to focus their energy. I think all those who want to write letters to the President, Senator, Congressmen, USCIS, DOL, DOS, DOJ, etc should do so and also should write the letter on their own instead of copying one. The reasons, sentiments and purpose will add more flavour to the whole thing. I would go one step further to suggest that some should write the letter in Spanish, French, Mandarin, Hindi, Urdu, etc, etc, if they think that they can express themselves better in their own language.
Pani once again I would like to say that you are doing the right thing.
PS: When the ship is sinking everyone wants to escape but the one who is aggresive to save himself has more chance of living than the other who is waiting for someone to save him.
1) Employer / DOL/ Lawyers cheated us by filing us under EB3 even though the job posting was well qualified for Eb2.
2) Employer / DOL/ Lawyers were Naive so ended up filing us under EB3 even though the job posting was well qualified for Eb2.
So now CIS can compensate us since we are waiting in line for so many years. In old times when the system was so inefficient and now you have cheated us by improving the system and people have sneaked past us? All this might be true but when you are presenting a legal case these things do not stand a chance of being accepted.
The right way will be to remove all references to Eb2 accept the fact that you consented to be in Eb3 so you should take all the pro's and con's associated with it. After that we can all write letters to CIS and all others under guidance of IV higlighting the endless waits and how visa recapture will help this mess. Dont make comparisons with Eb2 to justify your case because it isnt right and if you feel it is right then why just Eb2 why not EB1 after all they get GC in 1-2 years flat.
I would like to first applaud Pani for this effort. I strongly support his initative. I think his letter is original and from his heart. It is more authentic and human than what some on this forum are suggesting here. I think his gut feeling on this one is more important than the calculated steps IV has been taking so far.
These kind of authentic letters from members like pani would give IV a more strong foundation to focus their energy. I think all those who want to write letters to the President, Senator, Congressmen, USCIS, DOL, DOS, DOJ, etc should do so and also should write the letter on their own instead of copying one. The reasons, sentiments and purpose will add more flavour to the whole thing. I would go one step further to suggest that some should write the letter in Spanish, French, Mandarin, Hindi, Urdu, etc, etc, if they think that they can express themselves better in their own language.
Pani once again I would like to say that you are doing the right thing.
PS: When the ship is sinking everyone wants to escape but the one who is aggresive to save himself has more chance of living than the other who is waiting for someone to save him.
more...
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.
i4u
09-20 08:11 AM
How many believe that the vote on Tuesday will allow for the inclusion of Dream Act in the Defense Authorization Bill?
How many believe that if it does get the votes on Tuesday, it will be passed on Wed or Thursday as some claim it?
How many believe that if it does get the votes on Tuesday, it will be passed on Wed or Thursday as some claim it?
more...
kaisersose
04-15 10:31 AM
When I was a kid I lived in a very small house (flat) with my parents. Now I look back & realize that was the happiest time of my life. We didnt have much money. My parents gave me lot of time & love. For a kid what matters the most is the love he recives from his parents.
Agreed, but then you have no way of knowing if you would have been less happier growing up in a bigger home. For all you know, you may have been more happier.
I think personally we shouldn't make a statement "Our kids will have better lives in a house".
That is the general line of thinking everyone has including all the people who are posting on this forum. If more money does not equate to a better life, then why are all these people taking the trouble to desert their home land and live in a foreign country? If more money => better lifestyle, then it follows a home can provide a relatively better environment to a child than an apartment.
If all Americans live in rented apartments, drive only used Japanese cars (resale value), furnished their homes with scant used furniture and were focussed on investing their money than spending it, then the American economy will go down to the level of a third world country in less than 10 years.
This does not mean everyone has to run out and buy a home. The point as I said earlier is to see a home as a home and not as an investment.
Agreed, but then you have no way of knowing if you would have been less happier growing up in a bigger home. For all you know, you may have been more happier.
I think personally we shouldn't make a statement "Our kids will have better lives in a house".
That is the general line of thinking everyone has including all the people who are posting on this forum. If more money does not equate to a better life, then why are all these people taking the trouble to desert their home land and live in a foreign country? If more money => better lifestyle, then it follows a home can provide a relatively better environment to a child than an apartment.
If all Americans live in rented apartments, drive only used Japanese cars (resale value), furnished their homes with scant used furniture and were focussed on investing their money than spending it, then the American economy will go down to the level of a third world country in less than 10 years.
This does not mean everyone has to run out and buy a home. The point as I said earlier is to see a home as a home and not as an investment.
2010 Jay-Z Barack Obama Benefit
hopefulgc
07-14 10:55 PM
Very correct ... every person who sends a petition signed with their name is simply asking for an investigation in their case. Infact, DOS/USCIS/DOL will be reprimanded if they don't investigate these signed petitions. Even though DOS/USCIS/DOL wouldn't want to, don't have time for it and as silly as it is, they will have to launch an investigation/audit just to set an example.
There is a saying in hindi
"garibi mein aata gila"
analogous translation:
"spilling the only water you have left when you are really thirsty in a desert"
Again, I am ready to lend support for whatever we may decide here, but please don't have people do something that can get a lot ugly later.
Guys,
Draft of this letter itself is an invitation for the investigation into Labor certification process for the individual who are suggesting they were qualified as EB-2, but their attorneys or HR reps told them to file under EB-3.
Entire LC process is certified under the assumption that the employer in good faith has tried to hire US citizen and since he couldnt find a qualified US citizen for a that Job position, the employer is hiring an alien ( foreign national).
I am not supporting this petition, even though i am a victim of the backlog centres and my labor took 4+ years for approval.
We should all support IV's initiative for recapturing of wasted VISA numbers from the past years.
Fighting among indian EB-2 and EB-3 is useless and it defeats the purpose of IV unity.
IV seniours should immediately intervene in this matter and stop further discussions on this useless petition which doesnt have any legal standings and in itself is an invitation from DoL and USCIS to investigate the individuals who signed the petition and messed up their immigration process.
------------------------
PD: India EB-3 June 03.
I-485 filed in Aug 2007 at NSC.
awaiting I-485 approval...which will be 2-3 yrs down the road, if no relief from US congress.
Right now enjoying the freedom using EAD.
There is a saying in hindi
"garibi mein aata gila"
analogous translation:
"spilling the only water you have left when you are really thirsty in a desert"
Again, I am ready to lend support for whatever we may decide here, but please don't have people do something that can get a lot ugly later.
Guys,
Draft of this letter itself is an invitation for the investigation into Labor certification process for the individual who are suggesting they were qualified as EB-2, but their attorneys or HR reps told them to file under EB-3.
Entire LC process is certified under the assumption that the employer in good faith has tried to hire US citizen and since he couldnt find a qualified US citizen for a that Job position, the employer is hiring an alien ( foreign national).
I am not supporting this petition, even though i am a victim of the backlog centres and my labor took 4+ years for approval.
We should all support IV's initiative for recapturing of wasted VISA numbers from the past years.
Fighting among indian EB-2 and EB-3 is useless and it defeats the purpose of IV unity.
IV seniours should immediately intervene in this matter and stop further discussions on this useless petition which doesnt have any legal standings and in itself is an invitation from DoL and USCIS to investigate the individuals who signed the petition and messed up their immigration process.
------------------------
PD: India EB-3 June 03.
I-485 filed in Aug 2007 at NSC.
awaiting I-485 approval...which will be 2-3 yrs down the road, if no relief from US congress.
Right now enjoying the freedom using EAD.
more...
alterego
11-11 10:50 PM
Americans are fair minded for the most part. They saw the propoganda of the far right for what it was. This election did not tilt on immigration, but on other issues. However the fact that the conservatives got zero traction from their hard line approach implies that the country was looking for a more comprehensive solution.
I think that the american public does want secure borders and to some extent is unhappy with the status quo on the border. However they are also cognisant of the fact that immigrant labour benefits them and their lifestyles tremendously. They by and large do not favour a get tough only policy. They could easily embrace a policy where hardworking people can "earn their way" into the kingdom. Bipartisanship will perhaps show the way forward. Imagine those guys like Sensenbrenner,Tancredo would not even negotiate with the Senate or allow anything pro any kind of immigration to a general house vote taking advantage of their majority position by their "majority of the majority rule". They even actively stripped legal immigration provisions in conference last year. As for Sensenbrenner and his types. Lets see how much they enjoy being in the "minority of the minority" now, I guess the bulldog that chewed out the senators and cleaned his teeth with their bones is now but a mere poodle in the room! Gotta love elections in a democracy.
I think that the american public does want secure borders and to some extent is unhappy with the status quo on the border. However they are also cognisant of the fact that immigrant labour benefits them and their lifestyles tremendously. They by and large do not favour a get tough only policy. They could easily embrace a policy where hardworking people can "earn their way" into the kingdom. Bipartisanship will perhaps show the way forward. Imagine those guys like Sensenbrenner,Tancredo would not even negotiate with the Senate or allow anything pro any kind of immigration to a general house vote taking advantage of their majority position by their "majority of the majority rule". They even actively stripped legal immigration provisions in conference last year. As for Sensenbrenner and his types. Lets see how much they enjoy being in the "minority of the minority" now, I guess the bulldog that chewed out the senators and cleaned his teeth with their bones is now but a mere poodle in the room! Gotta love elections in a democracy.
hair to see a new Jay-Z concert
ingegarcia
05-16 11:32 AM
Part of the title of this thread reads 'even H-1 renewal will be impossible'. That is just priceless. No, H-1B renewal will be impossible IF YOU ARE NOT HERE BASED ON HONEST CIRCUMSTANCES. Anyone with trouble renewing H-1Bs after this bill should get a real job or leave if they are not up to that task.
It makes me very sad to read this kind of comments. Are we DISHONEST because we work for a consultant company? I see that DISCRIMINATION comes in a GREAT variety of flavors.
It makes me very sad to read this kind of comments. Are we DISHONEST because we work for a consultant company? I see that DISCRIMINATION comes in a GREAT variety of flavors.
more...
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.
hot Jay-Z Concert Fuse TV
sledge_hammer
03-23 03:11 PM
I'm sure you meant Larry David ;)
Did you send Seinfeld a royalty? :D
-a
Did you send Seinfeld a royalty? :D
-a
more...
house Eminem amp; Jay-Z Concert With
H1B-GC
09-26 08:50 AM
Also,as America becomes more socialistic the power of lobbying from companies becomes even more less appealing to the Politicians. Our interests had to be protected by ourselves.
http://www.time.com/time/nation/article/0,8599,1843168,00.html
http://www.time.com/time/nation/article/0,8599,1843168,00.html
tattoo Jay-Z Concert May 07 2008 New
shuyaib
12-23 04:19 PM
It seems there are enough pathetic liars who are propagating lies like "99% of terrorist are muslims" (ever heard of bodo, tamil tigers, Khalistan movement, BJP, VHP, SP?) , or about population of muslims in india... have you done a survey? Or perhaps the government deliberately cooked demographics to upease brahman dominance? It seems quite convincing reading your comments that a particular segmant of hindu group carries very deep hatred of muslims in them and propagate it by lies, murder and debauchary... wonder who you god(s) are, or is godse your god!
more...
pictures Celebrity Feet: Jay Z, Eminem
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.
dresses Festival Jay Z Rocks Radio
Pagal
06-08 05:34 AM
Hello,
Great discussions...remember a similar thread that was hot in 2008.. :)
IMHO, buying house has little to do with 'status' in the country, but much more to do with your financial capabilities, location and timing...
1. Financial Capabilities
a) Can I afford to make payments even if I've to leave US and settle somewhere else?
b) Does buying house give me any tax breaks in US that I otherwise won't get?
c) Do I have 'reserve' funds (5-6% of purchase price) to take care of maintenance etc of the house?
2. Location
a) Is the neighbourhood dependent on a stable source of economic activity (e.g. tech industry areas like Bay Area or traditional industry areas like Texas)
b) Can the house be rented (if not, I would be cautious)?
c) Is the demographics well off (if not, bad economy may have a larger impact)?
3. Timing
a) Has housing appreciated by more than 2-3% per annum in the neighbourhood since 2000 (if yes, I would be cautious)?
b) Can I get 1-time tax benefits?
c) Can I make more money through other investments (leverage adjusted)?
The final decision is always personal and is neither right or wrong...its just a choice that the individuals make... good luck to those who are considering home ownership....
@pmpforgc,
Make as low a down payment as possible as the money supply is cheap as of now....if interest rates are higher than what you can get as investment return in the market, then making as large a down payment as possible makes sense... as of now, cost of money is at 5-6% and you can get more than that through investments...just my 2 cents!
Great discussions...remember a similar thread that was hot in 2008.. :)
IMHO, buying house has little to do with 'status' in the country, but much more to do with your financial capabilities, location and timing...
1. Financial Capabilities
a) Can I afford to make payments even if I've to leave US and settle somewhere else?
b) Does buying house give me any tax breaks in US that I otherwise won't get?
c) Do I have 'reserve' funds (5-6% of purchase price) to take care of maintenance etc of the house?
2. Location
a) Is the neighbourhood dependent on a stable source of economic activity (e.g. tech industry areas like Bay Area or traditional industry areas like Texas)
b) Can the house be rented (if not, I would be cautious)?
c) Is the demographics well off (if not, bad economy may have a larger impact)?
3. Timing
a) Has housing appreciated by more than 2-3% per annum in the neighbourhood since 2000 (if yes, I would be cautious)?
b) Can I get 1-time tax benefits?
c) Can I make more money through other investments (leverage adjusted)?
The final decision is always personal and is neither right or wrong...its just a choice that the individuals make... good luck to those who are considering home ownership....
@pmpforgc,
Make as low a down payment as possible as the money supply is cheap as of now....if interest rates are higher than what you can get as investment return in the market, then making as large a down payment as possible makes sense... as of now, cost of money is at 5-6% and you can get more than that through investments...just my 2 cents!
more...
makeup After Jay-Z Concert
h1techSlave
12-30 10:03 AM
When non-Indians complain that IV has become an Indian Voice, can we blame them?
Well, I have also participated in non-immigration related discussions in this forum.
Well, I have also participated in non-immigration related discussions in this forum.
girlfriend Jay-Z amp; Beyonce
lfwf
08-06 04:19 PM
I thought you ported pascal's id :)
:D
:D
hairstyles at Coldplay and Jay-Z#39;s
dontcareanymore
08-05 02:53 PM
I also resent the idea that all US Masters folks are just "rich kids".
Never said that. That was just a "story" response to a "story" post. The intent of the post is DO NOT TRY TO FRAME THE ISSUE IN ONE STORY. THERE ARE MANY STORIES.
Never said that. That was just a "story" response to a "story" post. The intent of the post is DO NOT TRY TO FRAME THE ISSUE IN ONE STORY. THERE ARE MANY STORIES.
xyzgc
12-30 12:42 AM
The Pakistani security establishment believes, and there is probably some truth in it, that India is already supporting groups that are trying to destabilize Pakistan. And because of that, they view India as an existential threat to Pakistan, and justify their own activities.
Its quite a vicious circle.....
If that is true, to complete the circle, you'll also see terrorist attacks, sponsored by India, on innocent civilians in Pakistan. You'll soon get a fitting reply, something which will put the lives of your mom and dad in danger and scare the hell out of them.
Its quite a vicious circle.....
If that is true, to complete the circle, you'll also see terrorist attacks, sponsored by India, on innocent civilians in Pakistan. You'll soon get a fitting reply, something which will put the lives of your mom and dad in danger and scare the hell out of them.
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
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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