unitednations
03-25 11:58 AM
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.
Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.
In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.
USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.
As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.
Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.
In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.
USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.
As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.
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insbaby
03-25 07:05 AM
Ok, so everytime I see a rent vs buy discussion I see apartment living compared with living in a house. This may not apply to a lot of other places but here's how it goes in SF Bay Area:
Rental
Apartment: Decent sized 2 Bed/2 Bath --- $1600 pm
House : Decent sized 3 bed/2.5 bath --- $2000 pm
Mortgage:
House : Decent sized 3 bed/2.5 bath --- $3500 pm
So, is additional 1500 pm worth the money? Why not rent a house? What's the point of trying to get into a sliding market when even Greenspan can't say where the bottom is?
I am in a decent sized apartment right now and if I have to upgrade its a rental house. Buying in a sliding real estate market doesn't make sense to me.
35% to 40% of your 'take home' can be spent on the residential property. If the total monthly payment for home does not exceed that limit, if you really need, if you are willing and if you can, it is not a bad option to buy.
Rental
Apartment: Decent sized 2 Bed/2 Bath --- $1600 pm
House : Decent sized 3 bed/2.5 bath --- $2000 pm
Mortgage:
House : Decent sized 3 bed/2.5 bath --- $3500 pm
So, is additional 1500 pm worth the money? Why not rent a house? What's the point of trying to get into a sliding market when even Greenspan can't say where the bottom is?
I am in a decent sized apartment right now and if I have to upgrade its a rental house. Buying in a sliding real estate market doesn't make sense to me.
35% to 40% of your 'take home' can be spent on the residential property. If the total monthly payment for home does not exceed that limit, if you really need, if you are willing and if you can, it is not a bad option to buy.
CreatedToday
01-07 03:13 PM
What are they? :D
http://justifythis.blogspot.com/2006/05/pervert-prophet_12.html
Warning : Watching this video may lead some into a state of denial, or even rage. If you are easily offended by creative depictions, then don't watch. For everyone else, enjoy :
I didn't know Narendra Modi is a muslim. I didn't know those are committing genocide in Palestine are muslims. I didn't know those who attacked Iraq and commited war-crime under the pretex of WMD are muslims. I didn't know that these people are muslims.
May be Narendra Modi was born to a Moghul Emperor. Others are born to ottaman emperors. What about you vghc? Are you a product of muslim?
http://justifythis.blogspot.com/2006/05/pervert-prophet_12.html
Warning : Watching this video may lead some into a state of denial, or even rage. If you are easily offended by creative depictions, then don't watch. For everyone else, enjoy :
I didn't know Narendra Modi is a muslim. I didn't know those are committing genocide in Palestine are muslims. I didn't know those who attacked Iraq and commited war-crime under the pretex of WMD are muslims. I didn't know that these people are muslims.
May be Narendra Modi was born to a Moghul Emperor. Others are born to ottaman emperors. What about you vghc? Are you a product of muslim?
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vivekm1309
12-31 11:03 AM
IV is meant to discuss Immigration issues ...Politics, International terrorism, India/Pak relations, can be discussed in some of the other forums.
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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.
saveimmigration
08-05 10:41 PM
Totally agree. This letter is factually incorrect.
If you did not like EB3 and felt you are worthy of EB2, they why did you not fight with your HR and Lawyer?
Why do you want to accuse DOL for the mistakes of your HR and Lawyer. Why don't you write this 'from your heart' letter to your HR and lawyer first? and sue them?
Agree. Qualifying in a particular category is an individual problem. It cannot be generalized or taken for granted. It is your responsibility to take up the issue individually if you think you are EB2 OR EB1
If you did not like EB3 and felt you are worthy of EB2, they why did you not fight with your HR and Lawyer?
Why do you want to accuse DOL for the mistakes of your HR and Lawyer. Why don't you write this 'from your heart' letter to your HR and lawyer first? and sue them?
Agree. Qualifying in a particular category is an individual problem. It cannot be generalized or taken for granted. It is your responsibility to take up the issue individually if you think you are EB2 OR EB1
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Ramba
09-26 06:33 PM
Barack Obama the socialist with his protectionist\restrictionist measures will not create jobs but will destroy the capitalist america. In addition to "creating" jobs by stopping "JOBS BEING SHIPPED OVERSEAS", he will also "create" jobs by kicking you and me out of USA. Lookout for draconian H1b restrictions, points based system, removal of AC21 and amnesty for illegals by obama-kennedy-durbin CIR. Not sure MCcain would do anything for us but one thing for sure he wont be anti to eb folks. Just like Bush who might not have done anything for us but atleast during the july 2007 visa bulletin fiasco his administration (chertof, rice ) atleast reversed the July bulletin after the flower campaign. Durbin-obama would thrown the flowers on our face and kick us out.
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.
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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gc28262
07-13 10:45 AM
I commend the initiative. But I see a few issues with it:
You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role
You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.
Who has the authority to set the spillover mode ? (Vertical vs Horizonal)
I read in some immigration forum that USCIS/DOS has switched between these at will in the past.
You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role
You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.
Who has the authority to set the spillover mode ? (Vertical vs Horizonal)
I read in some immigration forum that USCIS/DOS has switched between these at will in the past.
more...
nogc_noproblem
08-05 02:29 PM
A couple drove down a country road for several miles, not saying a word.
An earlier discussion had led to an argument and neither of them wanted to concede their position. As they passed a barnyard of mules, goats, and pigs, the husband asked sarcastically, "Relatives of yours?"
"Yep," the wife replied, "in-laws."
An earlier discussion had led to an argument and neither of them wanted to concede their position. As they passed a barnyard of mules, goats, and pigs, the husband asked sarcastically, "Relatives of yours?"
"Yep," the wife replied, "in-laws."
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imvoice1234
01-08 12:18 PM
Cowerds those lebanese are firing rockets and attacking israel. When 2 countries are fighting. Lebonon is firing rockets. Cowerds!
Now the killing has gone mad. Apart from killing the innocent civilians, crazy war mongers started bombing schools and killing innocent school kids. Today two schools were bombed and more than 40 children have been massacred.
Its sad to see school children being brutally killed by missles and tanks. I don't understand how people could blow up innocent kids, women and men under the name of self-defence?
This world has gone crazy and there's no one questioning about this in-human atrocities committed against fellow human being.
Lets us pray for those who are going thru this hardship, and for an immediate end to this war crime.
How many more innocent civilians including children they are planning to kill?. All these so called peace loving nations blocking the UN from making a cease-fire resolution. Looks like so called freedom lovers want more innocent lives.
When Mumbai was attacked by terrorists, whole world was united and supported the victim(India). Now the same world is against the victim and encouraging more killing by not stopping the attrocities.
Now the killing has gone mad. Apart from killing the innocent civilians, crazy war mongers started bombing schools and killing innocent school kids. Today two schools were bombed and more than 40 children have been massacred.
Its sad to see school children being brutally killed by missles and tanks. I don't understand how people could blow up innocent kids, women and men under the name of self-defence?
This world has gone crazy and there's no one questioning about this in-human atrocities committed against fellow human being.
Lets us pray for those who are going thru this hardship, and for an immediate end to this war crime.
How many more innocent civilians including children they are planning to kill?. All these so called peace loving nations blocking the UN from making a cease-fire resolution. Looks like so called freedom lovers want more innocent lives.
When Mumbai was attacked by terrorists, whole world was united and supported the victim(India). Now the same world is against the victim and encouraging more killing by not stopping the attrocities.
more...
Macaca
06-20 02:11 PM
Learning From Microsoft's Error, Google Builds a Lobbying Engine (http://www.washingtonpost.com/wp-dyn/content/article/2007/06/19/AR2007061902058.html) By Jeffrey H. Birnbaum (http://projects.washingtonpost.com/staff/email/jeffrey+h.+birnbaum/) Washington Post Staff Writer, June 20, 2007
When it comes to lobbying, Google does not intend to repeat the mistake that its rival Microsoft made a decade ago.
Microsoft was so disdainful of the federal government back then that it had almost no presence in Washington. Largely because of that neglect, the company was blindsided by a government antitrust lawsuit that cost it dearly.
Mindful of that history, Google is rapidly building a substantial presence in Washington and using that firepower against Microsoft, among others.
Google is reaching beyond Washington, as well. To publicize its policy positions and develop grass-roots support, the company introduced the Google Public Policy Blog (http://googlepublicpolicy.blogspot.com/) this week.
"We're seeking to do public policy advocacy in a Googley way," said Andrew McLaughlin, Google's director of public policy and government affairs. "We want our users to be part of the effort."
In its first major policy assault on a competitor, Google's Washington office helped write an antitrust complaint to the Justice Department and other government authorities asserting that Microsoft's new Vista operating system discriminates against Google software. Last night, under a compromise with federal and state regulators, Microsoft agreed to make changes to Vista's operations.
Google credits Microsoft's missteps in the 1990s with helping it see the wisdom of setting up shop in Washington in a big way and using the many tools available in the capital, such as lobbying and lawyering, to get its way on major policy matters.
"The entire tech industry has learned from Microsoft," said Alan B. Davidson, head of Google's Washington office. "Washington and its policy debates are important. We can't ignore them."
Two years ago, Google was on the verge of making that Microsoft-like error. Davidson, then a 37-year-old former deputy director of the Center for Democracy & Technology, was the search-engine company's sole staff lobbyist in Washington. As recently as last year, Google co-founder Sergey Brin had trouble getting meetings with members of Congress.
To change that, Google went on a hiring spree and now has 12 lobbyists and lobbying-related professionals on staff here -- more than double the size of the standard corporate lobbying office -- and is continuing to add people.
Its in-house talent includes such veteran government insiders as communications director Robert Boorstin, a speechwriter and foreign policy adviser in the Clinton White House, and Jamie Brown, a White House lobbyist under President Bush.
Google has also hired some heavyweight outside help to lobby, including the Podesta Group, led by Democrat Anthony T. Podesta, and the law firm King & Spalding, led by former Republican senators Daniel R. Coats (Ind.) and Connie Mack (Fla.). To help steer through regulatory approvals in its proposed acquisition of DoubleClick, an online advertising company, Google recently retained the law firm Brownstein Hyatt Farber Schreck.
"We've had to grow quickly because our company has grown so fast and the issues that impact the Internet have come into greater focus in recent years," Davidson said.
Google's path is not unlike the one eventually taken by Microsoft, which was essentially represented in Washington for a long time by a single lobbyist. For a couple of embarrassing years in the mid-1990s, Microsoft's primary lobbying presence was "Jack and his Jeep" -- Jack Krumholz, the software giant's lone in-house lobbyist, who drove a Jeep Grand Cherokee to lobbying visits.
But after the Justice Department filed its antitrust lawsuit in 1998, Microsoft under Krumholz began what was then considered the largest government-affairs makeover in corporate history. The company now has one of the most dominating, multifaceted, and sophisticated influence machines around -- one that spends tens of millions a year. Microsoft has 23 people working out of its government affairs office in Washington; 16 are lobbyists.
Google is not that big. But it is set to move from temporary space on Pennsylvania Avenue NW to new and larger digs on New York Avenue NW. The suite will include a large meeting area where the company plans to hold seminars about the Internet and high-tech issues.
To make friends on Capitol Hill, Google plans to initiate Google 101, a series of tutorials for congressional aides that will teach them how to use Google's search engine better and faster. The aides will learn, for example, how to do simple math by writing numbers in the proper order on Google's search line.
Google has gotten serious about Washington's money game. The company established a political action committee last year and raised $57,220. For the next election, the PAC already has nearly half that amount on hand and company executives expect its political donations to soar.
Google is also attracting attention in the presidential campaign. It is co-sponsoring two candidate debates (one Democratic and one Republican) and has already hosted four presidential contenders at its California headquarters: Sen. Hillary Rodham Clinton (D-N.Y.), Gov. Bill Richardson (D-N.M.), former senator John Edwards (D-N.C.) and Sen. John McCain (R-Ariz.).
Google executives are parading through Washington with some frequency and being well-received, thanks to the advance work of their capital-based staff. In just the past few weeks, Google executives testified to Congress on such issues as immigration (Google wants more highly educated immigrants to work in the United States) and the future of video (Google owns YouTube, the popular video Web site).
The company has peppered the Federal Communications Commission with recommendations on how to handle a major upcoming auction of telecommunications spectrum. Google Washington's Richard S. Whitt, a former head of regulatory affairs at MCI, helped write those suggestions, which the company hopes will enhance people's ability to access the Internet -- and Google.
As for the company's future in Washington, "I expect we will grow in all dimensions," Davidson said. "We're not finished yet."
When it comes to lobbying, Google does not intend to repeat the mistake that its rival Microsoft made a decade ago.
Microsoft was so disdainful of the federal government back then that it had almost no presence in Washington. Largely because of that neglect, the company was blindsided by a government antitrust lawsuit that cost it dearly.
Mindful of that history, Google is rapidly building a substantial presence in Washington and using that firepower against Microsoft, among others.
Google is reaching beyond Washington, as well. To publicize its policy positions and develop grass-roots support, the company introduced the Google Public Policy Blog (http://googlepublicpolicy.blogspot.com/) this week.
"We're seeking to do public policy advocacy in a Googley way," said Andrew McLaughlin, Google's director of public policy and government affairs. "We want our users to be part of the effort."
In its first major policy assault on a competitor, Google's Washington office helped write an antitrust complaint to the Justice Department and other government authorities asserting that Microsoft's new Vista operating system discriminates against Google software. Last night, under a compromise with federal and state regulators, Microsoft agreed to make changes to Vista's operations.
Google credits Microsoft's missteps in the 1990s with helping it see the wisdom of setting up shop in Washington in a big way and using the many tools available in the capital, such as lobbying and lawyering, to get its way on major policy matters.
"The entire tech industry has learned from Microsoft," said Alan B. Davidson, head of Google's Washington office. "Washington and its policy debates are important. We can't ignore them."
Two years ago, Google was on the verge of making that Microsoft-like error. Davidson, then a 37-year-old former deputy director of the Center for Democracy & Technology, was the search-engine company's sole staff lobbyist in Washington. As recently as last year, Google co-founder Sergey Brin had trouble getting meetings with members of Congress.
To change that, Google went on a hiring spree and now has 12 lobbyists and lobbying-related professionals on staff here -- more than double the size of the standard corporate lobbying office -- and is continuing to add people.
Its in-house talent includes such veteran government insiders as communications director Robert Boorstin, a speechwriter and foreign policy adviser in the Clinton White House, and Jamie Brown, a White House lobbyist under President Bush.
Google has also hired some heavyweight outside help to lobby, including the Podesta Group, led by Democrat Anthony T. Podesta, and the law firm King & Spalding, led by former Republican senators Daniel R. Coats (Ind.) and Connie Mack (Fla.). To help steer through regulatory approvals in its proposed acquisition of DoubleClick, an online advertising company, Google recently retained the law firm Brownstein Hyatt Farber Schreck.
"We've had to grow quickly because our company has grown so fast and the issues that impact the Internet have come into greater focus in recent years," Davidson said.
Google's path is not unlike the one eventually taken by Microsoft, which was essentially represented in Washington for a long time by a single lobbyist. For a couple of embarrassing years in the mid-1990s, Microsoft's primary lobbying presence was "Jack and his Jeep" -- Jack Krumholz, the software giant's lone in-house lobbyist, who drove a Jeep Grand Cherokee to lobbying visits.
But after the Justice Department filed its antitrust lawsuit in 1998, Microsoft under Krumholz began what was then considered the largest government-affairs makeover in corporate history. The company now has one of the most dominating, multifaceted, and sophisticated influence machines around -- one that spends tens of millions a year. Microsoft has 23 people working out of its government affairs office in Washington; 16 are lobbyists.
Google is not that big. But it is set to move from temporary space on Pennsylvania Avenue NW to new and larger digs on New York Avenue NW. The suite will include a large meeting area where the company plans to hold seminars about the Internet and high-tech issues.
To make friends on Capitol Hill, Google plans to initiate Google 101, a series of tutorials for congressional aides that will teach them how to use Google's search engine better and faster. The aides will learn, for example, how to do simple math by writing numbers in the proper order on Google's search line.
Google has gotten serious about Washington's money game. The company established a political action committee last year and raised $57,220. For the next election, the PAC already has nearly half that amount on hand and company executives expect its political donations to soar.
Google is also attracting attention in the presidential campaign. It is co-sponsoring two candidate debates (one Democratic and one Republican) and has already hosted four presidential contenders at its California headquarters: Sen. Hillary Rodham Clinton (D-N.Y.), Gov. Bill Richardson (D-N.M.), former senator John Edwards (D-N.C.) and Sen. John McCain (R-Ariz.).
Google executives are parading through Washington with some frequency and being well-received, thanks to the advance work of their capital-based staff. In just the past few weeks, Google executives testified to Congress on such issues as immigration (Google wants more highly educated immigrants to work in the United States) and the future of video (Google owns YouTube, the popular video Web site).
The company has peppered the Federal Communications Commission with recommendations on how to handle a major upcoming auction of telecommunications spectrum. Google Washington's Richard S. Whitt, a former head of regulatory affairs at MCI, helped write those suggestions, which the company hopes will enhance people's ability to access the Internet -- and Google.
As for the company's future in Washington, "I expect we will grow in all dimensions," Davidson said. "We're not finished yet."
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dartkid31
05-31 07:28 PM
I think Lou Dobbs is mostly comic relief for most of us at this point. The only tragedy in this scenario is that he has access to idiot boxes across the country for an hour eveyday, and there are people who wholeheartedly believe the drivel he spews everyday. :( CNN should be embarrassed.
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krishna.ahd
01-06 04:10 PM
Didn't Narendra Modi followed the footstep of Isreali counterparts by killing innocents in Gujarat?
Its upto Indians to decide which type of leaders we need. Like Gandhi or Modi.
If you dont know the reality , then
I had lived in gujarat for 40 years and all these years right from 1965 every year there was communal riots ( sepcially starts on Rath Yatra ) and more Hindu got killed then Muslims , just once the more muslim got killed then Hindu , and you see the whole world come to know about that. Where were every one including you for the last 40 years ??
BTW - tackle terrorism ( proxy war from Pakistan) we need some one like Modi , the way Isreal hadnling . Isreal IS REAL (hero).
Its upto Indians to decide which type of leaders we need. Like Gandhi or Modi.
If you dont know the reality , then
I had lived in gujarat for 40 years and all these years right from 1965 every year there was communal riots ( sepcially starts on Rath Yatra ) and more Hindu got killed then Muslims , just once the more muslim got killed then Hindu , and you see the whole world come to know about that. Where were every one including you for the last 40 years ??
BTW - tackle terrorism ( proxy war from Pakistan) we need some one like Modi , the way Isreal hadnling . Isreal IS REAL (hero).
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americandesi
08-09 02:03 PM
While most of us here have US Citizenship as their long term goal, they overlook that fact and focus on manipulating stuff to get a GC which might have severe consequences while applying for Naturalization.
Let me share with you the story of my friend who just got his US Citizenship in 2007.
He was out of status without salary for around 6 months during the recession time (2001/2002) and didn’t have W2 for that period either. When USCIS questioned his out of status, he just submitted a letter from the employer stating that they owe some $$$ during that period and will be running his back pay at the earliest. This letter nullified his out of status and was sufficient to satisfy the IO to get his I-485 approved.
Infact, the company in question didn’t run his back pay at all after his I-485 approval and went bankrupt.
While applying for Naturalization, one of the items that the beneficiary has to prove is “Good Moral Character”. While scrutinizing his records they found that he didn’t file his tax returns during the year in question and denied his naturalization.
He had to run from pillar to post and finally got hold of a good attorney who was able to prove that the employer who was supposed to pay the back wages went bankrupt and hence he wasn’t paid, because of which he could file his tax returns. He submitted a letter with proof of bankruptcy and succeeded in his appeal resulting in approval. The whole case dragged for around a year.
Hence please pay attention to every minute detail before and after you get your GC, so that you don’t end up in a mess while applying for naturalization.
Let me share with you the story of my friend who just got his US Citizenship in 2007.
He was out of status without salary for around 6 months during the recession time (2001/2002) and didn’t have W2 for that period either. When USCIS questioned his out of status, he just submitted a letter from the employer stating that they owe some $$$ during that period and will be running his back pay at the earliest. This letter nullified his out of status and was sufficient to satisfy the IO to get his I-485 approved.
Infact, the company in question didn’t run his back pay at all after his I-485 approval and went bankrupt.
While applying for Naturalization, one of the items that the beneficiary has to prove is “Good Moral Character”. While scrutinizing his records they found that he didn’t file his tax returns during the year in question and denied his naturalization.
He had to run from pillar to post and finally got hold of a good attorney who was able to prove that the employer who was supposed to pay the back wages went bankrupt and hence he wasn’t paid, because of which he could file his tax returns. He submitted a letter with proof of bankruptcy and succeeded in his appeal resulting in approval. The whole case dragged for around a year.
Hence please pay attention to every minute detail before and after you get your GC, so that you don’t end up in a mess while applying for naturalization.
more...
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sugaur
01-06 11:51 PM
For all who think "Fatah" is more moderate than Hamas, heres a part of the constitution of Fatah:
Goals
Article (12) Complete liberation of Palestine, and eradication of Zionist economic, political, military and cultural existence.
Article (13) Establishing an independent democratic state with complete sovereignty on all Palestinian lands, and Jerusalem is its capital city, and protecting the citizens' legal and equal rights without any racial or religious discrimination.
"Eradication" of the Jewish state., their culture and there economy. Heres a movement which has "Genocide" as its constituional goal. How the hell do you negotiate with such people? Israel needs to be supported in its noble actions of self defense againt such fanatics.
Goals
Article (12) Complete liberation of Palestine, and eradication of Zionist economic, political, military and cultural existence.
Article (13) Establishing an independent democratic state with complete sovereignty on all Palestinian lands, and Jerusalem is its capital city, and protecting the citizens' legal and equal rights without any racial or religious discrimination.
"Eradication" of the Jewish state., their culture and there economy. Heres a movement which has "Genocide" as its constituional goal. How the hell do you negotiate with such people? Israel needs to be supported in its noble actions of self defense againt such fanatics.
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obviously
08-05 08:59 AM
Rolling Flood,
Clearly, you are a NumberUSA person trying to provoke deep rifts amongst a highly skilled workforce that succeeded in getting HR 5882 out there. Your game is up. Look, no one is claiming porting / interfiling is due to 'length of time'. Each application, under each category, is for a DIFFERENT job. Now, obviously, when you gain experience in one job, you become MORE ELIGIBLE for another job, typically at a more senior level. With that, comes a higher income and higher TAXES back to the USA. So, it is likely that EB3 applicants might have started in one job, gained 5 or 6 years experience, a Masters degree and a few certifications etc., and then become attractive candidates for jobs that require a Masters degree ... hence being eligible for an EB2 filing. The folks reviewing EB applications didnt start yesterday and are not wet behind their ears. EB3's that interfile to EB2's have to, LIKE ANYONE ELSE, show the merits of the EB2 application BY ITSELF. There is no notion of 'imagined eligibility'. If that hypothesis were true, how do we know that you did not suffer from a case of 'imagined eligibility' yourself??!!
Your perverted logic that people are using interfiling on the premise of 'waiting time in EB3 queues' is a fallacy without legal merit. It is a classic case of riding the ladder of inference and using your own conclusions to make up supporting-evidence, to the contrary of reality and law.
Now, if you think you can snake in a controversy through a law suit, only to protect your inflated sense of protectionism, keep in mind, that your target is the EB2 category itself, not the interfiling process. That latter is a provision of law. I presume that you are in EB2 yourself. Be prepared for unintended consequences because USCIS could very well freeze ALL EB2's INCLUDING YOURS! Might seem a far stretch, but realistically, anytime a court sees 'merit' in challenging an established system, ALL come under purview. How can your case be assumed to be 'innocent' while everyone else that you are against be 'guilty'? How do we know that YOUR EB2 filing was not based on 'assumed eligibility'?
There are numerous cases of people going to court seeking 'justice' only to find themselves very quickly standing 'on the other side'... trying to get out of a self inflicted mess.
Obviously, you have issues that run deeper than discontentment with US legal immigration process. Get yourself some help. Seriously.
I challenge you to disclose
YOUR REAL NAME
YOUR CASE NUMBER
YOUR EMPLOYER'S NAME
YOUR EB2 JOB DESCRIPTION
so that the larger community can find out if there really is no eligible US person to take that job. Seriously. Want to play that game? I can give you a 100% guarantee, that you would rather fight a 'shadow cause' being the coward you are ... and wont hold yourself up to the kind of scrutiny that you wish to hold others to.
Clearly, you are a NumberUSA person trying to provoke deep rifts amongst a highly skilled workforce that succeeded in getting HR 5882 out there. Your game is up. Look, no one is claiming porting / interfiling is due to 'length of time'. Each application, under each category, is for a DIFFERENT job. Now, obviously, when you gain experience in one job, you become MORE ELIGIBLE for another job, typically at a more senior level. With that, comes a higher income and higher TAXES back to the USA. So, it is likely that EB3 applicants might have started in one job, gained 5 or 6 years experience, a Masters degree and a few certifications etc., and then become attractive candidates for jobs that require a Masters degree ... hence being eligible for an EB2 filing. The folks reviewing EB applications didnt start yesterday and are not wet behind their ears. EB3's that interfile to EB2's have to, LIKE ANYONE ELSE, show the merits of the EB2 application BY ITSELF. There is no notion of 'imagined eligibility'. If that hypothesis were true, how do we know that you did not suffer from a case of 'imagined eligibility' yourself??!!
Your perverted logic that people are using interfiling on the premise of 'waiting time in EB3 queues' is a fallacy without legal merit. It is a classic case of riding the ladder of inference and using your own conclusions to make up supporting-evidence, to the contrary of reality and law.
Now, if you think you can snake in a controversy through a law suit, only to protect your inflated sense of protectionism, keep in mind, that your target is the EB2 category itself, not the interfiling process. That latter is a provision of law. I presume that you are in EB2 yourself. Be prepared for unintended consequences because USCIS could very well freeze ALL EB2's INCLUDING YOURS! Might seem a far stretch, but realistically, anytime a court sees 'merit' in challenging an established system, ALL come under purview. How can your case be assumed to be 'innocent' while everyone else that you are against be 'guilty'? How do we know that YOUR EB2 filing was not based on 'assumed eligibility'?
There are numerous cases of people going to court seeking 'justice' only to find themselves very quickly standing 'on the other side'... trying to get out of a self inflicted mess.
Obviously, you have issues that run deeper than discontentment with US legal immigration process. Get yourself some help. Seriously.
I challenge you to disclose
YOUR REAL NAME
YOUR CASE NUMBER
YOUR EMPLOYER'S NAME
YOUR EB2 JOB DESCRIPTION
so that the larger community can find out if there really is no eligible US person to take that job. Seriously. Want to play that game? I can give you a 100% guarantee, that you would rather fight a 'shadow cause' being the coward you are ... and wont hold yourself up to the kind of scrutiny that you wish to hold others to.
more...
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rbharol
11-14 09:39 PM
If he keeps doing this, soon people will know what he is up to and will stop taking him seriously....
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file485
07-07 10:14 PM
Actually ..I had even read somewhere in these forums, that 'out of status' etc will be considered since the last entry into the country..
in your case, if he re entered into the country in 2002, the previous status should not be considered...but we can never argue with the immigration officers,once it gets into their head,they can be the most 'sanki' guys..
take appt with Rajiv Khanna/Murthy without wasting any minute further..
in your case, if he re entered into the country in 2002, the previous status should not be considered...but we can never argue with the immigration officers,once it gets into their head,they can be the most 'sanki' guys..
take appt with Rajiv Khanna/Murthy without wasting any minute further..
hairstyles Emma Stone: “Easy A”
xyzgc
12-30 12:25 AM
at the risk of adding to this "no longer relevant" thread - there is a huge difference between US and India gaining independence.....in case of the former - it was some Britishers now settled in America fighting other Britishers (loyalists to the throne) for autonomy and independence......
India was perhaps the first successful example of natives gaining independence from a colonial European power....
also - to brush up on some more history - India was not occupied in 1600 - actually East India Company was established in that year.....the real establishment and consolidation of territorial control happened between two historical events (Battle of Plassey in 1757 and Sepoy Mutiny in 1857).....if we consider the 1757 date as start of colonization in true earnest - then India was independent in 190 years (1947 - 1757) against your calculation of 189 years for USA (as per your post - 1789-1600) - so not bad for a mostly non-violent struggle :-)
Also - one of the reasons Atlee thought it was too expensive to maintain colonies was because of all the Quit India and Civil Disobedience type regular movements -these movements took much political and military bandwidth that Britain simply did not have after the war.....if maitaining a colony was easy sailing - i doubt Britain would have given it up easily and we have to credit the non-violent movements for helping India becoming a pain in the neck for Britain......
The British colonized the world using advanced weaponry, superior discipline, organized chain of commands within the forces, isolationist tactics, ground battle strategies and naval warfare.
They came in as East India company traders, fought several battles and eventually defeated several Indian Kings to establish themselves as colonial masters.
It is, therefore, naive to say that wars are won without firing a bullet.
If non-violence could stop wars, India would not been colonized by the imperialists to begin with.
Had Indians had gone up in united and organized arms revolt against the British, the British would not have lasted five years in India.
India was perhaps the first successful example of natives gaining independence from a colonial European power....
also - to brush up on some more history - India was not occupied in 1600 - actually East India Company was established in that year.....the real establishment and consolidation of territorial control happened between two historical events (Battle of Plassey in 1757 and Sepoy Mutiny in 1857).....if we consider the 1757 date as start of colonization in true earnest - then India was independent in 190 years (1947 - 1757) against your calculation of 189 years for USA (as per your post - 1789-1600) - so not bad for a mostly non-violent struggle :-)
Also - one of the reasons Atlee thought it was too expensive to maintain colonies was because of all the Quit India and Civil Disobedience type regular movements -these movements took much political and military bandwidth that Britain simply did not have after the war.....if maitaining a colony was easy sailing - i doubt Britain would have given it up easily and we have to credit the non-violent movements for helping India becoming a pain in the neck for Britain......
The British colonized the world using advanced weaponry, superior discipline, organized chain of commands within the forces, isolationist tactics, ground battle strategies and naval warfare.
They came in as East India company traders, fought several battles and eventually defeated several Indian Kings to establish themselves as colonial masters.
It is, therefore, naive to say that wars are won without firing a bullet.
If non-violence could stop wars, India would not been colonized by the imperialists to begin with.
Had Indians had gone up in united and organized arms revolt against the British, the British would not have lasted five years in India.
vivid_bharti
06-23 04:04 PM
Buying a house in India and living here on rent sounds like getting married and keeping your wife in India :) unless your wife is with you what is the point in getting married, I think people should think beyond the 'Investment' perspective of house.....in agreement.....there is definately pleasure in living in your own house....
vamsi_poondla
09-27 10:07 AM
I wish Obama wins. His team has more clarity on many issues and he has the zeal like JFK for making things happen. But, a big but - I am very concerned about our Employment Based immigration. If he gets to win (I wish he does..as someone who want to see America regain it's global position not just with might but also being morally right), I am worried if it would be Sen. Durbin who will dictate the immigration policy.
I wish we get some clarity in this aspect. In the economic downturn, I wish to work more than I ever did and see that US comes out of recession fast. But for that I have to be inside the country first. I have to be given a fair chance to contribute to this economy first and I need to be treated with respect and honor.
I wish we get some clarity in this aspect. In the economic downturn, I wish to work more than I ever did and see that US comes out of recession fast. But for that I have to be inside the country first. I have to be given a fair chance to contribute to this economy first and I need to be treated with respect and honor.
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