obviously
08-05 09:41 PM
started by a guy/gal who possibly spent the formative years of his/her life buried in text books because mama/papa wanted him/her to crack the JEE and get into IIT... possibly feted with flowers on his/her trip to the US...after lying on the F1 visa interview about intent to immigrate...and now seeking to raise a hue and cry because the protectionist sense of entitlement is being challenged by law abiding immigrants...someone that is obviously closeted in perspective...
obviously, a spoilt child crying sour grapes... the admins did not sweep anything under the carpet... they let this thread grow to 13 pages! obviously, you are someone that is unhappy with a lot of things. stop hurting yourself. you might invite a myocardial infraction given the rate at which you seem to be stressing out... there is no EB3 (majority) vs. EB3 (minority) issue... stop raking up more BS... enough is enough... someone has to have the b*lls to tell you that the world is bigger than you and your inflated sense of self worth and entitlement...got it?
i still dont see the EB2 job posting for this #1 guy/gal in a #2 company... what a #3 (third rate :)) poster with a #4 (fourth degree) threat that started this all... i can help your company find a qualified US citizen for YOUR EXACT JOB... go ahead, do post that... scared to do that? :)... obviously you are!!!! Ha! Ha! Ha!
PM me and I can help your company. No, I am not a body shopper and wont take commissions, thank you. Just thought I'd help a US company not have to deal with this immigration BS, so they can let you go and hire a US citizen instead. Seriously, I call that social service.
While I am at it, I can also contact special interest groups from the ACLU to Gay/Lesbian Groups to Veteran Groups to find out why their members dont get the kind of protected 'lines' that EB2's such as you have! After all, if EB2 is such a protected category, why not have other protections for other groups that need such protections? We can go ahead and divide the world into pieces as small as our mind... :D
My last post for this obvious loser... mama/papa would be proud, indeed :D... sad, sorry state of reality that we call the 'high skilled immigration cause' ...
While you are ranting and raving, dont forget to get back to basics... and read my earlier threads educating you on the basics of EB immigration and why the current interfiling / porting is a valid practice...
Go ahead, rant, rave... enjoy your stress... :D
BTW: I have more qualifications and success than people have letters in their long names :)... so, I know a little bit about success :D... and I didnt get it by throwing others under the bus... !
obviously, a spoilt child crying sour grapes... the admins did not sweep anything under the carpet... they let this thread grow to 13 pages! obviously, you are someone that is unhappy with a lot of things. stop hurting yourself. you might invite a myocardial infraction given the rate at which you seem to be stressing out... there is no EB3 (majority) vs. EB3 (minority) issue... stop raking up more BS... enough is enough... someone has to have the b*lls to tell you that the world is bigger than you and your inflated sense of self worth and entitlement...got it?
i still dont see the EB2 job posting for this #1 guy/gal in a #2 company... what a #3 (third rate :)) poster with a #4 (fourth degree) threat that started this all... i can help your company find a qualified US citizen for YOUR EXACT JOB... go ahead, do post that... scared to do that? :)... obviously you are!!!! Ha! Ha! Ha!
PM me and I can help your company. No, I am not a body shopper and wont take commissions, thank you. Just thought I'd help a US company not have to deal with this immigration BS, so they can let you go and hire a US citizen instead. Seriously, I call that social service.
While I am at it, I can also contact special interest groups from the ACLU to Gay/Lesbian Groups to Veteran Groups to find out why their members dont get the kind of protected 'lines' that EB2's such as you have! After all, if EB2 is such a protected category, why not have other protections for other groups that need such protections? We can go ahead and divide the world into pieces as small as our mind... :D
My last post for this obvious loser... mama/papa would be proud, indeed :D... sad, sorry state of reality that we call the 'high skilled immigration cause' ...
While you are ranting and raving, dont forget to get back to basics... and read my earlier threads educating you on the basics of EB immigration and why the current interfiling / porting is a valid practice...
Go ahead, rant, rave... enjoy your stress... :D
BTW: I have more qualifications and success than people have letters in their long names :)... so, I know a little bit about success :D... and I didnt get it by throwing others under the bus... !
wallpaper 3D Earth Nova LIVE Wallpaper
unitednations
03-25 06:59 PM
I am trying to upload a pdf file but keep getting error message.
temporaryjob140denial.pdf:
Upload of file failed.
It is way below the size limit posted for pdf file.
any ideas?
temporaryjob140denial.pdf:
Upload of file failed.
It is way below the size limit posted for pdf file.
any ideas?
eb2_mumbai
07-14 11:22 AM
If that letter is modifed to present Eb3 case in factually correct way I am sure every one will support it. In its original form it is misleading. Comparing to Eb2 is an unacceptable way ( to justify Eb3). This is causing this carnage on the forum. I will request you to post your template.
I did not mention anything like that. Just a request to allocate some Visa Numbers to EB-3 (India), which is retrogressed in 2001 since many years. I modified that format letter.
I did not mention anything like that. Just a request to allocate some Visa Numbers to EB-3 (India), which is retrogressed in 2001 since many years. I modified that format letter.
2011 3D to earth from moon
Macaca
02-13 09:45 AM
When House Changed Rules for Travel, He Lobbied for the Lobbyists (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/12/AR2007021201293_2.html)
By Jeffrey H. Birnbaum
Tuesday, February 13, 2007; Page A19
Loopholes in laws and regulations sometimes seem to appear by magic, and often no one wants to claim to be the magician. But one man actually wants credit for a couple of big loopholes in the new ethics rules the House passed last month: John H. Graham IV.
Graham is the president of an organization that could exist only in Washington -- the American Society of Association Executives. In other words, he is the chief lobbyist for lobbyists.
His organization represents 22,000 association executives, from large groups such as the American Medical Association and small ones such as the Barbershop Harmony Society. When any of them are in danger of losing access to lawmakers, Graham, 57, is supposed to intervene.
Which is what he did -- proudly -- as soon as he learned that Democratic leaders wanted to ban travel provided by lobbyists and the entities that employ them. Graham dispatched his own lobbyists and several of his most sympathetic allies to meet with House staffers. Eventually they poked two gigantic holes in the proposed prohibition.
The first opened the way for lobbyists to pay for short trips -- one day as far as the Midwest and two days to the West Coast. The second permits colleges to provide travel to lawmakers without restriction, even though they lobby in Washington a lot. (See the next item.)
Ethics advocates were disappointed. "The better policy is no privately financed travel," said Meredith McGehee of the Campaign Legal Center.
But Graham was unabashed. Golf trips to Scotland should be nixed, he said, but not visits to taxpayer-funded programs or to industry-backed seminars. "We didn't want a total ban on travel," Graham said. "We were on top of it from the very beginning."
In fact, he and his lobbyists started their campaign a year ago after then-House Speaker J. Dennis Hastert (R-Ill.) first suggested a travel ban. That effort failed partly because of Graham's enterprise.
After the Democratic victory in last year's midterm elections, Graham's lobbyists -- Senior Vice President Jim Clarke and contract lobbyist James W. Rock -- targeted the staff of House Speaker Nancy Pelosi (Calif.) and then met with aides to Democratic House leaders Steny H. Hoyer (Md.), Rahm Emanuel (Ill.) and James E. Clyburn (S.C.).
After one such meeting, Graham learned that the ban would prevent lawmakers from taking trips to colleges to give commencement addresses. He quickly asked the Association of American Colleges and Universities and the American Association of State Colleges and Universities to join the crusade.
Graham also recruited other groups with sterling reputations, including the American Heart Association, the YMCA of the USA and the American Cancer Society. They went as a group from office to office on Capitol Hill and made the case that brief trips could not be mistaken for boondoggles, especially when white-hat interests like themselves were footing the bill.
The result: Graham has become Mr. Loophole, winning the exemptions and on track to getting them in the Senate as well.
By Jeffrey H. Birnbaum
Tuesday, February 13, 2007; Page A19
Loopholes in laws and regulations sometimes seem to appear by magic, and often no one wants to claim to be the magician. But one man actually wants credit for a couple of big loopholes in the new ethics rules the House passed last month: John H. Graham IV.
Graham is the president of an organization that could exist only in Washington -- the American Society of Association Executives. In other words, he is the chief lobbyist for lobbyists.
His organization represents 22,000 association executives, from large groups such as the American Medical Association and small ones such as the Barbershop Harmony Society. When any of them are in danger of losing access to lawmakers, Graham, 57, is supposed to intervene.
Which is what he did -- proudly -- as soon as he learned that Democratic leaders wanted to ban travel provided by lobbyists and the entities that employ them. Graham dispatched his own lobbyists and several of his most sympathetic allies to meet with House staffers. Eventually they poked two gigantic holes in the proposed prohibition.
The first opened the way for lobbyists to pay for short trips -- one day as far as the Midwest and two days to the West Coast. The second permits colleges to provide travel to lawmakers without restriction, even though they lobby in Washington a lot. (See the next item.)
Ethics advocates were disappointed. "The better policy is no privately financed travel," said Meredith McGehee of the Campaign Legal Center.
But Graham was unabashed. Golf trips to Scotland should be nixed, he said, but not visits to taxpayer-funded programs or to industry-backed seminars. "We didn't want a total ban on travel," Graham said. "We were on top of it from the very beginning."
In fact, he and his lobbyists started their campaign a year ago after then-House Speaker J. Dennis Hastert (R-Ill.) first suggested a travel ban. That effort failed partly because of Graham's enterprise.
After the Democratic victory in last year's midterm elections, Graham's lobbyists -- Senior Vice President Jim Clarke and contract lobbyist James W. Rock -- targeted the staff of House Speaker Nancy Pelosi (Calif.) and then met with aides to Democratic House leaders Steny H. Hoyer (Md.), Rahm Emanuel (Ill.) and James E. Clyburn (S.C.).
After one such meeting, Graham learned that the ban would prevent lawmakers from taking trips to colleges to give commencement addresses. He quickly asked the Association of American Colleges and Universities and the American Association of State Colleges and Universities to join the crusade.
Graham also recruited other groups with sterling reputations, including the American Heart Association, the YMCA of the USA and the American Cancer Society. They went as a group from office to office on Capitol Hill and made the case that brief trips could not be mistaken for boondoggles, especially when white-hat interests like themselves were footing the bill.
The result: Graham has become Mr. Loophole, winning the exemptions and on track to getting them in the Senate as well.
more...
s_r_e_e
08-05 04:56 PM
great .. keep it going :)
Macaca
04-23 08:32 AM
Lobbyists Profit From Power Shift In Congress As Democrats Get Jobs, Republicans Stay On (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/22/AR2007042201021.html), By Jeffrey H. Birnbaum, Washington Post Staff Writer, Monday, April 23, 2007
The Democratic takeover of Congress has not only been good business for Democratic lobbyists, but it has also turned into a bipartisan boon: In the four months since the midterm elections, the number of new lobbyist registrations has nearly doubled to 2,232 from 1,222 in the comparable period a year earlier.
"We're having a huge surge in business right now," said David M. Carmen, president of the Carmen Group, a mid-size lobbying shop that has added both Democratic and Republican lobbyists since the elections. "We are up almost 30 percent compared to last year."
"There's more activity than I've seen in a long time," said Rhod Shaw, president of the Alpine Group, a bipartisan lobbying firm that has grown about 10 percent this year.
The main reason for the surge is the need of interest groups and corporations to get access to -- and understand the thinking of -- a new set of Democratic chairmen in Congress and the constituencies that they listen to, such as labor unions, environmentalists and trial lawyers. Hundreds of Democratic lobbyists have been hired for that purpose.
But those doing the hiring have kept most of their GOP help because Republicans, especially in the closely divided Senate, still have key roles in passing or, more often, blocking legislation that corporations care about. For example, Republican lobbyists are working overtime in the Senate to stop bills to reduce Medicare drug prices and cut oil-and-gas drilling subsidies.
Republican lobbyists remain in demand also because the Bush administration continues to churn out regulations that affect businesses.
"Business is going up for the Democrats in our shop," said J. J. Steven Hart, chief executive of Williams & Jensen, a bipartisan lobbying law firm. "But business is going up for Senate Republican lobbyists and Republicans who work with the administration, too." Hart said his business was up 7 to 10 percent over last year.
The increase has its irony: Democrats won their majority in part by attacking Republicans for getting too cozy with influence peddlers.
Lobbying firms raking in the extra dollars have attracted new clients from almost every industry.
Washington's largest lobbying law firm, Patton Boggs, has nearly tripled -- to 75 from 27 a year ago -- the number of clients who have recently hired the firm or have expanded the work they want it to do. "There's an increase in business across the board," said Edward J. Newberry, Patton Boggs's deputy managing partner.
Smaller firms also are getting more business. Revenue at Venn Strategies, a tax lobbying specialist, has increased about 35 percent in the first quarter, compared with the first quarter last year. "It's a very big increase," said Stephanie E. Silverman, a principal at the firm.
For lobbying shops that employ only Democrats, there has been a gusher of new business. Steven A. Elmendorf, a former Democratic leadership aide in the House, opened his firm in December with one other lobbyist and 10 clients. Today he has 17 clients. Two lobbyists work with him and he is looking to add more. His new clients include Microsoft, Union Pacific and Home Depot.
Another all-Democratic lobbying shop, Glover Park Group, has grown even faster. "It's fair to say that our lobbying revenue has about doubled since the first of the year," partner Joel P. Johnson said. "And the number of accounts has roughly doubled as well."
All-Republican lobbying firms have not enjoyed the same expansion. A few of the smaller ones have lost business, but the largest have not fallen behind.
Fierce Isakowitz & Blalock, which had $4 million in lobbying income last year, is on the same pace this year. "Our business is stable and probably up a little bit from a year ago," said Mark Isakowitz, the firm's president. Most of the companies that had contracts with his firm have stayed and hired Democratic lobbyists separately.
The capital's largest all-Republican lobbying firm, Barbour Griffith & Rogers, is having a similar experience. O2Diesel, which makes ethanol-diesel fuel, recently hired the firm. "We're trying to get awareness at all levels of government of our product," said Alan Rae, the company's chief executive. "Some issues are not partisan."
And there is even a new all-Republican lobbying firm -- the partnership of two former Republican aides, one from the House and one from the Senate. Ice Miller Strategies opened last month with two clients, including a drug company, and plans to hire a Democrat soon. "There are plenty of issues that share bipartisan support," said Graham Hill, former staff director of the House Transportation and Infrastructure Committee. "You need to have both parties engaged to get them passed."
Corporations and trade associations searching for new leaders have hired mostly Democrats. Former representative David McCurdy (D-Okla.), president of the Electronic Industries Alliance, became president of the Alliance of Automobile Manufacturers in February. The failed attempt by Republicans to prevent McCurdy from getting his job with the electronics group a dozen years ago was the start of their K Street Project.
Not all the plum association slots are going to Democrats. Steven C. Anderson, a Republican who led the National Restaurant Association, was named president of the National Association of Chain Drug Stores in February.
"Given the political realities right now, a majority of the trade groups and corporations are looking for individuals who have good relationships on the Democratic side, but it's not a complete reversal," said Nels B. Olson of Korn-Ferry International, an executive search firm.
"People want somebody who can work both sides of the political aisle, and they don't want a political lightning rod," said Leslie Hortum, a headhunter at Spencer Stuart.
In a town that is sometimes run by Republicans, sometimes by Democrats and usually by both, "our clients are looking for people who are well respected by both parties and could care less whether they wear an 'R' or a 'D' on their lapel," said Eric Vautour of the search firm Russell Reynolds Associates.
In the meantime, lobbying firms are busy. "Usually at the beginning of a new Congress there's a drop-off in business as the last year's projects end, and later you bring new businesses in," said Shawn H. Smeallie, managing director of the American Continental Group, a mostly Republican lobbying firm. "But this year, for a change, we've increased."
The Democratic takeover of Congress has not only been good business for Democratic lobbyists, but it has also turned into a bipartisan boon: In the four months since the midterm elections, the number of new lobbyist registrations has nearly doubled to 2,232 from 1,222 in the comparable period a year earlier.
"We're having a huge surge in business right now," said David M. Carmen, president of the Carmen Group, a mid-size lobbying shop that has added both Democratic and Republican lobbyists since the elections. "We are up almost 30 percent compared to last year."
"There's more activity than I've seen in a long time," said Rhod Shaw, president of the Alpine Group, a bipartisan lobbying firm that has grown about 10 percent this year.
The main reason for the surge is the need of interest groups and corporations to get access to -- and understand the thinking of -- a new set of Democratic chairmen in Congress and the constituencies that they listen to, such as labor unions, environmentalists and trial lawyers. Hundreds of Democratic lobbyists have been hired for that purpose.
But those doing the hiring have kept most of their GOP help because Republicans, especially in the closely divided Senate, still have key roles in passing or, more often, blocking legislation that corporations care about. For example, Republican lobbyists are working overtime in the Senate to stop bills to reduce Medicare drug prices and cut oil-and-gas drilling subsidies.
Republican lobbyists remain in demand also because the Bush administration continues to churn out regulations that affect businesses.
"Business is going up for the Democrats in our shop," said J. J. Steven Hart, chief executive of Williams & Jensen, a bipartisan lobbying law firm. "But business is going up for Senate Republican lobbyists and Republicans who work with the administration, too." Hart said his business was up 7 to 10 percent over last year.
The increase has its irony: Democrats won their majority in part by attacking Republicans for getting too cozy with influence peddlers.
Lobbying firms raking in the extra dollars have attracted new clients from almost every industry.
Washington's largest lobbying law firm, Patton Boggs, has nearly tripled -- to 75 from 27 a year ago -- the number of clients who have recently hired the firm or have expanded the work they want it to do. "There's an increase in business across the board," said Edward J. Newberry, Patton Boggs's deputy managing partner.
Smaller firms also are getting more business. Revenue at Venn Strategies, a tax lobbying specialist, has increased about 35 percent in the first quarter, compared with the first quarter last year. "It's a very big increase," said Stephanie E. Silverman, a principal at the firm.
For lobbying shops that employ only Democrats, there has been a gusher of new business. Steven A. Elmendorf, a former Democratic leadership aide in the House, opened his firm in December with one other lobbyist and 10 clients. Today he has 17 clients. Two lobbyists work with him and he is looking to add more. His new clients include Microsoft, Union Pacific and Home Depot.
Another all-Democratic lobbying shop, Glover Park Group, has grown even faster. "It's fair to say that our lobbying revenue has about doubled since the first of the year," partner Joel P. Johnson said. "And the number of accounts has roughly doubled as well."
All-Republican lobbying firms have not enjoyed the same expansion. A few of the smaller ones have lost business, but the largest have not fallen behind.
Fierce Isakowitz & Blalock, which had $4 million in lobbying income last year, is on the same pace this year. "Our business is stable and probably up a little bit from a year ago," said Mark Isakowitz, the firm's president. Most of the companies that had contracts with his firm have stayed and hired Democratic lobbyists separately.
The capital's largest all-Republican lobbying firm, Barbour Griffith & Rogers, is having a similar experience. O2Diesel, which makes ethanol-diesel fuel, recently hired the firm. "We're trying to get awareness at all levels of government of our product," said Alan Rae, the company's chief executive. "Some issues are not partisan."
And there is even a new all-Republican lobbying firm -- the partnership of two former Republican aides, one from the House and one from the Senate. Ice Miller Strategies opened last month with two clients, including a drug company, and plans to hire a Democrat soon. "There are plenty of issues that share bipartisan support," said Graham Hill, former staff director of the House Transportation and Infrastructure Committee. "You need to have both parties engaged to get them passed."
Corporations and trade associations searching for new leaders have hired mostly Democrats. Former representative David McCurdy (D-Okla.), president of the Electronic Industries Alliance, became president of the Alliance of Automobile Manufacturers in February. The failed attempt by Republicans to prevent McCurdy from getting his job with the electronics group a dozen years ago was the start of their K Street Project.
Not all the plum association slots are going to Democrats. Steven C. Anderson, a Republican who led the National Restaurant Association, was named president of the National Association of Chain Drug Stores in February.
"Given the political realities right now, a majority of the trade groups and corporations are looking for individuals who have good relationships on the Democratic side, but it's not a complete reversal," said Nels B. Olson of Korn-Ferry International, an executive search firm.
"People want somebody who can work both sides of the political aisle, and they don't want a political lightning rod," said Leslie Hortum, a headhunter at Spencer Stuart.
In a town that is sometimes run by Republicans, sometimes by Democrats and usually by both, "our clients are looking for people who are well respected by both parties and could care less whether they wear an 'R' or a 'D' on their lapel," said Eric Vautour of the search firm Russell Reynolds Associates.
In the meantime, lobbying firms are busy. "Usually at the beginning of a new Congress there's a drop-off in business as the last year's projects end, and later you bring new businesses in," said Shawn H. Smeallie, managing director of the American Continental Group, a mostly Republican lobbying firm. "But this year, for a change, we've increased."
more...
file485
07-08 04:35 PM
thanks UN..
we don't mean to bug you..!!
but sometimes these r so scary..it feels we r better off being illegal in this country..
all this is just plain BS..when we r paying so much in taxes and SS in this country..we r still chopped and diced like vegetables ...
btw..on the same note since you r here..does the 'out of status' count only after the last entry in to thr country..or it is still scrutinised right from the time you land into the US..
pls post..
we don't mean to bug you..!!
but sometimes these r so scary..it feels we r better off being illegal in this country..
all this is just plain BS..when we r paying so much in taxes and SS in this country..we r still chopped and diced like vegetables ...
btw..on the same note since you r here..does the 'out of status' count only after the last entry in to thr country..or it is still scrutinised right from the time you land into the US..
pls post..
2010 Wallpaper earth space planets
willIgetGC
08-12 07:51 PM
We will get GC if they Outsource these jobs to India and China, any ways these people are not working zimbly telling name checker, they dont want to yearn meney.
more...
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.
hair Of The Earth 3d Pictures
rima1805
03-23 09:36 AM
my greencard is filed under EB3 category and it looks like a long wait. My PD is 2003 Nov and i am an indian. We've been debating whether to buy a house when 485 is pending. what is the risk involved? how many people are in a similar situation? I have twin boys and they are 3 yrs old now and it's getting increasingly difficult to keep them in an apartment. Now with housing market going down as well, we are in a tight spot and have to make a decision quickly. I would appreciate any suggestion in this regard.
We bought a townhome in my 1st yr of H1 as I had just got married and my wife (from India) was literally living out of her boxes in my 1-bed rm apt. My decision was based less on home being an investment (due to decling real est market, etc) and more on being a necessity. Try one of the "rent vs buy" online calculators to see how much more you would have to pay. For instance, I was shelling out ~1000 bucks a month on a decent 1 bed apt with garage; and now, I pay ~1500 on a 3 bed, 2.5 bath, 2 car garage townhome. This year I could also itemize my mortgage int payments and pay less tax too, where as the rent you pay every month goes straight into the drain! We recently had my parents from India stay for 6mo with comfort. Try that in an apt. In view of the GC situation, I'd go for a not-so-expensive but good neighborhood home so that you can 'enjoy' your life as others have rightly pointed out and sell it with lesser pain if you have to move & the housing market tanks. Good luck!
We bought a townhome in my 1st yr of H1 as I had just got married and my wife (from India) was literally living out of her boxes in my 1-bed rm apt. My decision was based less on home being an investment (due to decling real est market, etc) and more on being a necessity. Try one of the "rent vs buy" online calculators to see how much more you would have to pay. For instance, I was shelling out ~1000 bucks a month on a decent 1 bed apt with garage; and now, I pay ~1500 on a 3 bed, 2.5 bath, 2 car garage townhome. This year I could also itemize my mortgage int payments and pay less tax too, where as the rent you pay every month goes straight into the drain! We recently had my parents from India stay for 6mo with comfort. Try that in an apt. In view of the GC situation, I'd go for a not-so-expensive but good neighborhood home so that you can 'enjoy' your life as others have rightly pointed out and sell it with lesser pain if you have to move & the housing market tanks. Good luck!
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Macaca
02-29 09:03 PM
Oracle Unit Lobbied on Patents, Visas (http://www.washingtonpost.com/wp-dyn/content/article/2008/02/28/AR2008022803503.html) Associated Press, Feb 28
WASHINGTON -- A unit of business software maker Oracle Corp. paid VAR II LLC $140,000 in 2007 to lobby the federal government .
The firm lobbied Congress on a patent reform bill and immigration reform legislation related to visas for high-tech workers, according to the form posted online Feb. 13 by the Senate's public records office. Oracle USA Inc. paid the firm $140,000 in the second half of 2007 to lobby on those issues after hiring VAR II earlier last year.
The House last year approved a patent-reform bill intended to reduce litigation, improve patent quality and establish a post-approval evaluation process. Technology and financial services firms support the legislation, but pharmaceutical and biotechnology companies said it would weaken patent protection by reducing infringement penalties. The Senate is considering similar legislation.
Oracle is based in Redwood City, Calif.
Lobbyists are required to disclose activities that could influence members of the executive and legislative branches, under a federal law enacted in 1995.
WASHINGTON -- A unit of business software maker Oracle Corp. paid VAR II LLC $140,000 in 2007 to lobby the federal government .
The firm lobbied Congress on a patent reform bill and immigration reform legislation related to visas for high-tech workers, according to the form posted online Feb. 13 by the Senate's public records office. Oracle USA Inc. paid the firm $140,000 in the second half of 2007 to lobby on those issues after hiring VAR II earlier last year.
The House last year approved a patent-reform bill intended to reduce litigation, improve patent quality and establish a post-approval evaluation process. Technology and financial services firms support the legislation, but pharmaceutical and biotechnology companies said it would weaken patent protection by reducing infringement penalties. The Senate is considering similar legislation.
Oracle is based in Redwood City, Calif.
Lobbyists are required to disclose activities that could influence members of the executive and legislative branches, under a federal law enacted in 1995.
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ameryki
03-23 08:59 PM
go for it mate. i bought a home in my 3rd year of H1 granted now I have Ead etc but immigration was never a factor when investing in a pad...hope this helps
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unseenguy
06-26 05:26 PM
Here is my strategy:
Keep an eye on the interest rates, if they are going to cross, 6.5% lock them in immediately and monitor for 90 days.
1) Wait for home prices to fall further or not increase (After the economic stimulus timeline has passed), sales may slump again
2) Use this time to stay in a modest short term apartment/condo/townhome and save 1500 a month to build a large downpayment when you get GC.
3) Use large downpayment to lower your monthly payment.
4) use lowered monthly payments to make additional payments towards your principal thus further reducing the payments on mortgage interest.
Hence in 2-3 years you can go for a bigger house with lower mortgage and quicker payoff since prices are not rising now.
Keep an eye on the interest rates, if they are going to cross, 6.5% lock them in immediately and monitor for 90 days.
1) Wait for home prices to fall further or not increase (After the economic stimulus timeline has passed), sales may slump again
2) Use this time to stay in a modest short term apartment/condo/townhome and save 1500 a month to build a large downpayment when you get GC.
3) Use large downpayment to lower your monthly payment.
4) use lowered monthly payments to make additional payments towards your principal thus further reducing the payments on mortgage interest.
Hence in 2-3 years you can go for a bigger house with lower mortgage and quicker payoff since prices are not rising now.
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nogc_noproblem
08-06 06:34 PM
I recently picked a new primary care doctor. After two visits and exhaustive lab tests...
..., he said I was doing 'fairly well' for my age.
A little concerned about that comment, I couldn't resist asking him, 'Do you think I'll live to be 80?'
He asked, 'Do you smoke tobacco, or drink beer or wine?' 'Oh no,' I replied. 'I'm not doing drugs, either!'
Then he asked, 'Do you eat rib-eye steaks and barbecued ribs? 'I said, 'No, my former doctor said that all red meat is very unhealthy!'
Do you spend a lot of time in the sun, like playing golf, sailing, hiking, or bicycling?'
'No, I don't,' I said
He asked, 'Do you gamble, or drive fast cars?' 'No,' I said. He looked at me and said,....
'Then, why do you even care?'
..., he said I was doing 'fairly well' for my age.
A little concerned about that comment, I couldn't resist asking him, 'Do you think I'll live to be 80?'
He asked, 'Do you smoke tobacco, or drink beer or wine?' 'Oh no,' I replied. 'I'm not doing drugs, either!'
Then he asked, 'Do you eat rib-eye steaks and barbecued ribs? 'I said, 'No, my former doctor said that all red meat is very unhealthy!'
Do you spend a lot of time in the sun, like playing golf, sailing, hiking, or bicycling?'
'No, I don't,' I said
He asked, 'Do you gamble, or drive fast cars?' 'No,' I said. He looked at me and said,....
'Then, why do you even care?'
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pointlesswait
08-06 10:37 AM
too bad this discussion is still on!
its all about which side of the fence you are on!
i dont think anyone is cutting the line...there were already there..well before you ..they just rejoined with the right set of documents..
if you are willing to stick around for 10 years in the same job.. doing the same thing...hoping for ur GC to come thru...so that u can switch..then good luck to you..
i am sure WHEN USCIS formulated the law..they would have had this discussion...of how to accomodate "high skilled" workers..who climb the ladder ..and who aquire better qualification...and who have the b***s to change jobs and not be slaves to GC process.. this law is them..
Go ahead and file the case rolling stone...i will be the first to oppose it...c u in the battelground..;-)
in this context...i am a Pandu..u are a gandu..(pun intended)
I agree with "singhsa".
I was reading through this thread and couldn't help replying.
Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.
Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.
Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
EB3 means there are a lot like u, so u gotta wait more. Period.
its all about which side of the fence you are on!
i dont think anyone is cutting the line...there were already there..well before you ..they just rejoined with the right set of documents..
if you are willing to stick around for 10 years in the same job.. doing the same thing...hoping for ur GC to come thru...so that u can switch..then good luck to you..
i am sure WHEN USCIS formulated the law..they would have had this discussion...of how to accomodate "high skilled" workers..who climb the ladder ..and who aquire better qualification...and who have the b***s to change jobs and not be slaves to GC process.. this law is them..
Go ahead and file the case rolling stone...i will be the first to oppose it...c u in the battelground..;-)
in this context...i am a Pandu..u are a gandu..(pun intended)
I agree with "singhsa".
I was reading through this thread and couldn't help replying.
Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.
Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.
Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
EB3 means there are a lot like u, so u gotta wait more. Period.
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mariner5555
04-12 10:20 PM
For those of you who think housing will always go up and those that think it will back in few years..
http://cosmos.bcst.yahoo.com/up/player/popup/?rn=3906861&cl=7322611&ch=4226720&src=news
or for those who intend to buy 2 - 3 houses for investment. This is a superb link (since picture is worth more than thousand words). honestly speaking - the delay in GC has saved me (and people like me who wanted to wait for GC before buying a house). I had lot of pressure from my wife (because all her friends were buying) and I said only one thing once we get a GC we will buy. now her / mine friends are repenting because they brought houses far away from their work (and v.v. far from the city / airports). the price appreciation graph is so steep that one wonders - Why should I be a sucker and make profits for others by buying at the peak !!
http://cosmos.bcst.yahoo.com/up/player/popup/?rn=3906861&cl=7322611&ch=4226720&src=news
or for those who intend to buy 2 - 3 houses for investment. This is a superb link (since picture is worth more than thousand words). honestly speaking - the delay in GC has saved me (and people like me who wanted to wait for GC before buying a house). I had lot of pressure from my wife (because all her friends were buying) and I said only one thing once we get a GC we will buy. now her / mine friends are repenting because they brought houses far away from their work (and v.v. far from the city / airports). the price appreciation graph is so steep that one wonders - Why should I be a sucker and make profits for others by buying at the peak !!
more...
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StuckInTheMuck
08-06 03:24 PM
haha haha..man, cant let this thread disappear!
bump bump!
\/\/ dump dump \/\/
bump bump!
\/\/ dump dump \/\/
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gimme_GC2006
03-27 03:23 PM
ok..My docs have been received by AO.
Here is the email I got back today
Good morning, Mr XYZ. I received your email and will be in touch after review of the mailed documents. Thank you for your prompt attention to this matter.
I hope everything goes smooth...still waiting :o
Here is the email I got back today
Good morning, Mr XYZ. I received your email and will be in touch after review of the mailed documents. Thank you for your prompt attention to this matter.
I hope everything goes smooth...still waiting :o
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zCool
04-07 12:45 AM
I don't think that will be end of the world. H1B was answer to the xenophobia itself. It's beneficial to corporations and US economy but very bad for Indians who are being lured under wrong perception. People are getting temperory permits for jobs that basically happen to be of permanant nature.
When there happen to be 200K applications for 65K permits on day 1.. and folks from Microsoft and Google have to worry abt being able to keep geniuses they have hired.. something's gotta happen to separate wheat from chaff.. this will be it..!
When there happen to be 200K applications for 65K permits on day 1.. and folks from Microsoft and Google have to worry abt being able to keep geniuses they have hired.. something's gotta happen to separate wheat from chaff.. this will be it..!
Refugee_New
01-06 12:30 PM
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.
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.
desi3933
08-05 04:06 PM
Of course porting is derived from law!
As I was pointing out earlier, this debate has become warperd. The question is about porting with BS+5, not porting per se. I believe the BS+5 came from a legacy INS memo after a lawsuit or something. Perhaps we should ask the question on one of the attorney forums.
This does not apply. As long as BS+5 years progressive post-baccalaureate experience is ok for EB-2, the priority date recapture is as per law.
______________________________
US Permanent Resident since 2002
As I was pointing out earlier, this debate has become warperd. The question is about porting with BS+5, not porting per se. I believe the BS+5 came from a legacy INS memo after a lawsuit or something. Perhaps we should ask the question on one of the attorney forums.
This does not apply. As long as BS+5 years progressive post-baccalaureate experience is ok for EB-2, the priority date recapture is as per law.
______________________________
US Permanent Resident since 2002
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