Rolling_Flood
08-05 09:00 AM
Show me where it says in the law that a "person's eligibility decides EB1/2/3"?
Your job demands an EB3 and no higher, thus your company filed an EB3.
If you think you should be EB2 instead, then find another job or another company. What do you not understand?
And please refrain from using foul language, this is my first, and final, request to you, sir.
I am not anti-immigrant, just anti-porting and anti-interfiling.
As i said earlier you have Zero understanding of these things and that's why you came to waste peoples time. You could be an anti-immigrant as well.
"GC is for future Job and one single person could be eligible for EB3 / EB2 / EB1 any kind of jobs - its the person's ELIGIBILITY which matters " - understand dumbo ?
Your job demands an EB3 and no higher, thus your company filed an EB3.
If you think you should be EB2 instead, then find another job or another company. What do you not understand?
And please refrain from using foul language, this is my first, and final, request to you, sir.
I am not anti-immigrant, just anti-porting and anti-interfiling.
As i said earlier you have Zero understanding of these things and that's why you came to waste peoples time. You could be an anti-immigrant as well.
"GC is for future Job and one single person could be eligible for EB3 / EB2 / EB1 any kind of jobs - its the person's ELIGIBILITY which matters " - understand dumbo ?
wallpaper Beach theme wedding hairstyle
Macaca
12-27 06:39 PM
Onions vs. Corruption on the Outrage Scale (http://blogs.wsj.com/indiarealtime/2010/12/27/onions-vs-corruption-on-the-outrage-scale/) By Rupa Subramanya Dehejia | IndiaRealTime
Are we a democracy in name only? Is the Indian electorate apathetic? Why aren�t people marching in the streets protesting the recent spate of corruption scams?
Well, OK, some marched last Wednesday as the BJP sponsored demonstrations against corruption in the major metros. But it was hardly a spontaneous and large-scale outpouring of popular disaffection. And it was rather late at that.
While India�s political classes and the English speaking elite are working themselves into a rhetorical frenzy over the succession of scandals that have beset the United Progressive Alliance government, contrast this to the apparent complete lack of engagement by the common man. While most Indian commentary has focused on the political intrigue within Delhi, Paul Beckett in the WSJ remarked on the fact that �this is the sort of event that in a less apathetic democracy would lead to genuinely convulsive outrage.�
At least every five years, India is a vibrant democracy, with a high participation rate and a robust tendency to punish incumbents who perform poorly, even more so than in most Western democracies. But why do we become so lethargic in between? Where are the convulsions that we surely should be seeing?
Recently, I�ve been posing this question to just about everyone I meet from Mumbai taxi drivers, construction crew in the neighboring apartment, Twitter followers, and whomever else I can buttonhole. Some professed no interest, saying that all of their energy and time are occupied by putting food on the table. Others expressed a sense of helplessness: �I�m a day laborer barely making ends meet; how can I influence what these big politicians do? Who will listen to me?�
This sense of resignation needs to be questioned. If common folk felt that helpless, why would they bother to vote in such large numbers and turf out politicians they don�t like every time an election comes around? As the recent state election in Bihar demonstrates, voters are quite prepared to reward good governance and punish grandstanding populism. Clearly, as an electorate, we�re responsive and agile when we want to be.
So what�s going on?
One hypothesis is that people largely see this as political theater. So long as the economy is booming and there�s no direct impact on their pocketbook, it�s business as usual. Let�s not forget when existential questions such as land acquisition or the price of staples are at issue, we do see the common man coming out on the streets and expressing his displeasure, forcing governments to react. Witness the recent uproar over the price of onions.
The estimated $40 billion loss to the exchequer from selling the 2G spectrum below its value is money not spent on electrifying Indian towns and villages, building schools and hospitals, etc. Why don�t people see it this way? It is not merely a �presumptive� loss as Kapil Sabil contended to Barkha Dutt on NDTV recently but a real economic loss. After all, a rupee not earned is a rupee wasted.
Another reason could be that two-thirds of the people are poor and don�t pay much in the way of income taxes. Perhaps they don�t see the recent scams as costing them. Contrast this to the West where every allegation of government money misused is widely portrayed as a waste of taxpayers� money and galvanizes opposition. In India, the bulk of the tax base is rich individuals and corporations who, as we should expect, are the ones who�ve been screaming loudest about the recent scandals.
A related explanation may be that there�s been a failure by the opposition parties in articulating the cost to the common man of these various scams. Broad and sweeping condemnations of corruption don�t speak directly to the fact that the money lost could have been used for productive social ends. The talking heads on cable news channels and the pundits in print seem so caught up in the minute details of parliamentary and judicial procedures that they miss the forest for the trees.
The crux of the matter is this: government strategists have presumably deduced that none of these recent scams will be consequential at the polls. What animates the common man is not television debates between Anglicized lawyers who use fancy words but fundamental issues such as food, water and land. Despite all of our economic progress, there remains a fundamental divide between the interests of the urban middle and upper classes and of the poor, whether urban or rural.
Until that changes, the price of onions will always be politically more salient than whatever corruption scandal is making headlines, and will dictate electoral fortunes.
Do you agree? Share your thoughts in the Comments section.
Are we a democracy in name only? Is the Indian electorate apathetic? Why aren�t people marching in the streets protesting the recent spate of corruption scams?
Well, OK, some marched last Wednesday as the BJP sponsored demonstrations against corruption in the major metros. But it was hardly a spontaneous and large-scale outpouring of popular disaffection. And it was rather late at that.
While India�s political classes and the English speaking elite are working themselves into a rhetorical frenzy over the succession of scandals that have beset the United Progressive Alliance government, contrast this to the apparent complete lack of engagement by the common man. While most Indian commentary has focused on the political intrigue within Delhi, Paul Beckett in the WSJ remarked on the fact that �this is the sort of event that in a less apathetic democracy would lead to genuinely convulsive outrage.�
At least every five years, India is a vibrant democracy, with a high participation rate and a robust tendency to punish incumbents who perform poorly, even more so than in most Western democracies. But why do we become so lethargic in between? Where are the convulsions that we surely should be seeing?
Recently, I�ve been posing this question to just about everyone I meet from Mumbai taxi drivers, construction crew in the neighboring apartment, Twitter followers, and whomever else I can buttonhole. Some professed no interest, saying that all of their energy and time are occupied by putting food on the table. Others expressed a sense of helplessness: �I�m a day laborer barely making ends meet; how can I influence what these big politicians do? Who will listen to me?�
This sense of resignation needs to be questioned. If common folk felt that helpless, why would they bother to vote in such large numbers and turf out politicians they don�t like every time an election comes around? As the recent state election in Bihar demonstrates, voters are quite prepared to reward good governance and punish grandstanding populism. Clearly, as an electorate, we�re responsive and agile when we want to be.
So what�s going on?
One hypothesis is that people largely see this as political theater. So long as the economy is booming and there�s no direct impact on their pocketbook, it�s business as usual. Let�s not forget when existential questions such as land acquisition or the price of staples are at issue, we do see the common man coming out on the streets and expressing his displeasure, forcing governments to react. Witness the recent uproar over the price of onions.
The estimated $40 billion loss to the exchequer from selling the 2G spectrum below its value is money not spent on electrifying Indian towns and villages, building schools and hospitals, etc. Why don�t people see it this way? It is not merely a �presumptive� loss as Kapil Sabil contended to Barkha Dutt on NDTV recently but a real economic loss. After all, a rupee not earned is a rupee wasted.
Another reason could be that two-thirds of the people are poor and don�t pay much in the way of income taxes. Perhaps they don�t see the recent scams as costing them. Contrast this to the West where every allegation of government money misused is widely portrayed as a waste of taxpayers� money and galvanizes opposition. In India, the bulk of the tax base is rich individuals and corporations who, as we should expect, are the ones who�ve been screaming loudest about the recent scandals.
A related explanation may be that there�s been a failure by the opposition parties in articulating the cost to the common man of these various scams. Broad and sweeping condemnations of corruption don�t speak directly to the fact that the money lost could have been used for productive social ends. The talking heads on cable news channels and the pundits in print seem so caught up in the minute details of parliamentary and judicial procedures that they miss the forest for the trees.
The crux of the matter is this: government strategists have presumably deduced that none of these recent scams will be consequential at the polls. What animates the common man is not television debates between Anglicized lawyers who use fancy words but fundamental issues such as food, water and land. Despite all of our economic progress, there remains a fundamental divide between the interests of the urban middle and upper classes and of the poor, whether urban or rural.
Until that changes, the price of onions will always be politically more salient than whatever corruption scandal is making headlines, and will dictate electoral fortunes.
Do you agree? Share your thoughts in the Comments section.
NKR
08-05 08:37 AM
The said person should have been aware of what he or she was getting into. Blaming your hardship on other people and trying to get mileage out of it is hardly an honest way............would you agree?
Were you aware of each and every rule in the immigration law book before you applied for GC?. Did you foresee this delay before you got into this mess?.
Shouldn't you have been aware of this option of EB3 people converting to EB2 and accounted for that when you filed your GC?. Aren;t you blaming your hardship on EB3 people and getting mileage out of it?.
Were you aware of each and every rule in the immigration law book before you applied for GC?. Did you foresee this delay before you got into this mess?.
Shouldn't you have been aware of this option of EB3 people converting to EB2 and accounted for that when you filed your GC?. Aren;t you blaming your hardship on EB3 people and getting mileage out of it?.
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NKR
04-08 03:07 PM
Ha Ha ..I guess I have put some salt (unintentionally) on somebody's wounds. NKR ..when did you buy your house and where ?
btw yes ..there have been cases reported where a worker working in Target wrote that her income was 80K ..and managed to get a loan for 400K. (needless to say that house is in foreclosure ..if people had read such stories before rushing to buy during the peak ,..)
and no ..my intention is not to keep this thread alive but it was to make people like you fight more for admin fixes. my goal was to link GC to investing more in US. people say lets meet senators ..o.k..meet them and tell what ?? ..there is no word from Core on this ..and hence lets do brainstorming and come up with ideas.
Why do you assume that everyone who wants to buy a home are earning 80k and is dumb enough to buy a 400k home?. Why do you assume that a person who wants to buy a house has not saved enough to put a significant chunk as down-payment?. Why do you assume that a person who wants to buy a house is single and has no double income?. Why do you assume that a person who wants to buy a house is buying in CA only?. Why do you assume that a person who wants to buy a house has not found a house in a very good location and for a very good price?. Why do you assume that people like me listen to people like you and fight more for admix fixes?. Why do you want to live in a shoe box like place all your life?.
btw yes ..there have been cases reported where a worker working in Target wrote that her income was 80K ..and managed to get a loan for 400K. (needless to say that house is in foreclosure ..if people had read such stories before rushing to buy during the peak ,..)
and no ..my intention is not to keep this thread alive but it was to make people like you fight more for admin fixes. my goal was to link GC to investing more in US. people say lets meet senators ..o.k..meet them and tell what ?? ..there is no word from Core on this ..and hence lets do brainstorming and come up with ideas.
Why do you assume that everyone who wants to buy a home are earning 80k and is dumb enough to buy a 400k home?. Why do you assume that a person who wants to buy a house has not saved enough to put a significant chunk as down-payment?. Why do you assume that a person who wants to buy a house is single and has no double income?. Why do you assume that a person who wants to buy a house is buying in CA only?. Why do you assume that a person who wants to buy a house has not found a house in a very good location and for a very good price?. Why do you assume that people like me listen to people like you and fight more for admix fixes?. Why do you want to live in a shoe box like place all your life?.
more...
unitednations
03-26 04:51 PM
We had similar case. It was in 2002. Company was ready to issue another future offer letter. Local USCIS office at Buffalo NY did not agree to continue process. They said job offer is gone the I-485 is gone and has valid reason the denial. They asked my friend to refile I-140 and I-485.
What eventually happened to the case.
The baltimore case I mentioned happened in 2005 which was certified by AAO.
What eventually happened to the case.
The baltimore case I mentioned happened in 2005 which was certified by AAO.
GCKaMaara
12-17 04:24 PM
LOL!
Nice to see some light moments here :)
Nice to see some light moments here :)
more...
rsdang
08-11 05:19 PM
If you don't laugh at the end of reading this then there's something wrong with you... Just imagine sitting in traffic on your way to work
and hearing this. Many Chicago folks DID hear this on the WBAM FM morning show in Chicago. The DJs play a game where they award winners great
prizes. The game is called "Mate Match." The DJs call someone at work and ask if they are married or seriously involved with someone. If the
contestant answers "yes," he or she is then asked 3 random yet highly personal questions. The person is also asked to divulge the name of
their partner (with phone number) for verification. If their partner answers those same three questions correctly, they both win the prize. One
particular game, however, several months ago made the Windy City drop to its knees with laughter and is possibly the funniest thing I've heard
yet. Anyway, here's how it all went down:
DJ: Hey! This is Edgar on WBAM. Have you ever heard of Mate Match?
Contestant: (laughing) Yes, I have.
DJ: Great! Then you know we're giving away a trip to Orlando, Florida if you win. What is your name? First only please.
Contestant: Brian.
DJ: Brian, are you married or what?
Brian: Yes.
DJ: Yes? Does that mean you're married or you're what?
Brian: (laughing nervously) Yes, I am married.
DJ: Thank you. Now, what is your wife's name? First only please.
Brian: Sarah.
DJ: Is Sarah at work, Brian?
Brian: She is gonna kill me.
DJ: Stay with me here, Brian! Is she at work?
Brian: (laughing) Yes, she's at work.
DJ: Okay, first question - when was the last time you had sex?
Brian: She is gonna kill me.
DJ: Brian! Stay with me here!
Brian: About 8 o'clock this morning.
DJ: Atta boy, Brian.
Brian: (laughing sheepishly) Well...
DJ: Question #2 - How long did it last?
Brian: About 10 minutes.
DJ: Wow! You really want that trip, huh? No one would ever have said that if a trip wasn't at stake.
Brian: Yeah, that trip sure would be nice.
DJ: Okay. Final question. Where did you have sex at 8 o'clock this morning?
Brian: (laughing hard) I, ummm, I, well...
DJ: This sounds good, Brian. Where was it at?
Brian: Not that it was all that great, but her mom is staying with us for a couple of weeks...
DJ: Uh huh...
Brian: .and the Mother-In-Law was in the shower at the time.
DJ: Atta boy, Brian.
Brian: On the kitchen table.
DJ: Not that great?? That is more adventure than the previous hundred times I've done it. Okay folks, I will put Brian on hold, get this wife's
work number and call her up. You listen to this.
(3 minutes of commercials follow)
DJ: Okay audience, let's call Sarah, shall we?
(touch tones... ringing...)
Clerk: Kinkos.
DJ: Hey, is Sarah around there somewhere?
Clerk: This is she.
DJ: Sarah, this is Edgar with WBAM. We are live on the air right now and I've been talking with Brian for a couple of hours now.
Sarah: (laughing) A couple of hours?
DJ: Well, a while now. He is on the line with us. Brian knows not to give any answers away! or you'll lose. Sooooooo... do you know the rules of
MateMatch?
Sarah: No.
DJ: Good!
Brian: (laughing)
Sarah: (laughing) Brian, what the hell are you up to?
Brian: (laughing) Just answer his questions honestly, okay? Be completely honest.
DJ: Yeah yeah yeah. Sure.. Now, I will ask you 3 questions, Sarah. ! If your answers match Brian's answers, then the both of you will be of To
Orlando, Florida for 5 ! days on us. Disney World. Sea World. Tickets to the Magic's game. The whole deal. Get it Sarah?
Sarah: (laughing) Yes.
DJ: Alright. When did you last have sex, Sarah?
Sarah: Oh God, Brian....uh, this morning before Brian went to work.
DJ: What time?
Sarah: Around 8 this morning.
DJ: Very good. Next question. How long did it last?
Sarah: 12, 15 minutes maybe.
DJ:! Hmmmm. That's close enough. I am sure she is trying to protect his manhood. We've got one last question, Sarah. You are one question away
from a trip to Florida. Are you ready?
Sarah: (laughing) Yes.
DJ: Where did you have it?
Sarah: OH MY GOD, BRIAN!! You didn't tell them that, did you?
Brian: Just tell him, honey.
DJ: What is bothering you so much, Sarah?
Sarah: Well, it's just that my mom is! vacationing with us and...
DJ: Come on Sarah... where did you have it?
Sarah: In the butt...
(long pause)
DJ: Folks, we need to take a station break
and hearing this. Many Chicago folks DID hear this on the WBAM FM morning show in Chicago. The DJs play a game where they award winners great
prizes. The game is called "Mate Match." The DJs call someone at work and ask if they are married or seriously involved with someone. If the
contestant answers "yes," he or she is then asked 3 random yet highly personal questions. The person is also asked to divulge the name of
their partner (with phone number) for verification. If their partner answers those same three questions correctly, they both win the prize. One
particular game, however, several months ago made the Windy City drop to its knees with laughter and is possibly the funniest thing I've heard
yet. Anyway, here's how it all went down:
DJ: Hey! This is Edgar on WBAM. Have you ever heard of Mate Match?
Contestant: (laughing) Yes, I have.
DJ: Great! Then you know we're giving away a trip to Orlando, Florida if you win. What is your name? First only please.
Contestant: Brian.
DJ: Brian, are you married or what?
Brian: Yes.
DJ: Yes? Does that mean you're married or you're what?
Brian: (laughing nervously) Yes, I am married.
DJ: Thank you. Now, what is your wife's name? First only please.
Brian: Sarah.
DJ: Is Sarah at work, Brian?
Brian: She is gonna kill me.
DJ: Stay with me here, Brian! Is she at work?
Brian: (laughing) Yes, she's at work.
DJ: Okay, first question - when was the last time you had sex?
Brian: She is gonna kill me.
DJ: Brian! Stay with me here!
Brian: About 8 o'clock this morning.
DJ: Atta boy, Brian.
Brian: (laughing sheepishly) Well...
DJ: Question #2 - How long did it last?
Brian: About 10 minutes.
DJ: Wow! You really want that trip, huh? No one would ever have said that if a trip wasn't at stake.
Brian: Yeah, that trip sure would be nice.
DJ: Okay. Final question. Where did you have sex at 8 o'clock this morning?
Brian: (laughing hard) I, ummm, I, well...
DJ: This sounds good, Brian. Where was it at?
Brian: Not that it was all that great, but her mom is staying with us for a couple of weeks...
DJ: Uh huh...
Brian: .and the Mother-In-Law was in the shower at the time.
DJ: Atta boy, Brian.
Brian: On the kitchen table.
DJ: Not that great?? That is more adventure than the previous hundred times I've done it. Okay folks, I will put Brian on hold, get this wife's
work number and call her up. You listen to this.
(3 minutes of commercials follow)
DJ: Okay audience, let's call Sarah, shall we?
(touch tones... ringing...)
Clerk: Kinkos.
DJ: Hey, is Sarah around there somewhere?
Clerk: This is she.
DJ: Sarah, this is Edgar with WBAM. We are live on the air right now and I've been talking with Brian for a couple of hours now.
Sarah: (laughing) A couple of hours?
DJ: Well, a while now. He is on the line with us. Brian knows not to give any answers away! or you'll lose. Sooooooo... do you know the rules of
MateMatch?
Sarah: No.
DJ: Good!
Brian: (laughing)
Sarah: (laughing) Brian, what the hell are you up to?
Brian: (laughing) Just answer his questions honestly, okay? Be completely honest.
DJ: Yeah yeah yeah. Sure.. Now, I will ask you 3 questions, Sarah. ! If your answers match Brian's answers, then the both of you will be of To
Orlando, Florida for 5 ! days on us. Disney World. Sea World. Tickets to the Magic's game. The whole deal. Get it Sarah?
Sarah: (laughing) Yes.
DJ: Alright. When did you last have sex, Sarah?
Sarah: Oh God, Brian....uh, this morning before Brian went to work.
DJ: What time?
Sarah: Around 8 this morning.
DJ: Very good. Next question. How long did it last?
Sarah: 12, 15 minutes maybe.
DJ:! Hmmmm. That's close enough. I am sure she is trying to protect his manhood. We've got one last question, Sarah. You are one question away
from a trip to Florida. Are you ready?
Sarah: (laughing) Yes.
DJ: Where did you have it?
Sarah: OH MY GOD, BRIAN!! You didn't tell them that, did you?
Brian: Just tell him, honey.
DJ: What is bothering you so much, Sarah?
Sarah: Well, it's just that my mom is! vacationing with us and...
DJ: Come on Sarah... where did you have it?
Sarah: In the butt...
(long pause)
DJ: Folks, we need to take a station break
2010 each wedding hair styles
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.
more...
sanju
12-17 04:38 PM
sledge_hammer, xyzgc, truthiness,
please remove bold text from your post in response to acool. In the words of Contessa Brewer, acool is a Fother Mucker.
.
please remove bold text from your post in response to acool. In the words of Contessa Brewer, acool is a Fother Mucker.
.
hair Best Hairstyles When Deciding
Refugee_New
01-06 02:41 PM
Yes, they definitely have...Hamas should stop using school kids as human shield before complaining. Heres link for you - http://www.youtube.com/watch?v=elyXQ6g-TJs
You just go and see this video. Sent by some tamil media.
http://kalaiy.blogspot.com/2009/01/you-tube.html
You just go and see this video. Sent by some tamil media.
http://kalaiy.blogspot.com/2009/01/you-tube.html
more...
surabhi
03-25 10:57 AM
That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.
USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.
Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.
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."
USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.
Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.
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."
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rsdang
08-29 12:09 PM
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alterego
10-03 02:48 PM
Fundamental decency and fairness demand that this issue be addressed by congress. When one comes to this country at the invitation of their employer, works hard, abides by all the laws, pays into the social safety net and taxes with not even a vote in the country, and with the implicit belief in the founding principles of this country as a country of immigrants. I feel it is truly against the core principles that strengthened this country.
What am I to do after 11 yrs here, having invested my youth and my hopes in this country. Where am I to go, to start over. Why? What of the disruption to those whose job depends on my presence here?
Only a right wing ideologue nativist can argue that those like us should not be given full acceptance in society. It is apparent to every observer that there is a xenophobic slant to their argument. If an argument is made against us, why not an argument by native Americans that their homeland was stolen. No number of generations of presence here could effectively address that. The irony is that the quality of life of indigenous americans has been enriched by the presence of immigrants. It is a part of the magic of America. It is a magic that no ideologue should be allowed to extinguish.
I sincerely hope Barack Obama can reignite this threatened ideal in America. He has the awareness of the issues around it and the skills to do it, but will he? I don't know but I certainly hope so.
What am I to do after 11 yrs here, having invested my youth and my hopes in this country. Where am I to go, to start over. Why? What of the disruption to those whose job depends on my presence here?
Only a right wing ideologue nativist can argue that those like us should not be given full acceptance in society. It is apparent to every observer that there is a xenophobic slant to their argument. If an argument is made against us, why not an argument by native Americans that their homeland was stolen. No number of generations of presence here could effectively address that. The irony is that the quality of life of indigenous americans has been enriched by the presence of immigrants. It is a part of the magic of America. It is a magic that no ideologue should be allowed to extinguish.
I sincerely hope Barack Obama can reignite this threatened ideal in America. He has the awareness of the issues around it and the skills to do it, but will he? I don't know but I certainly hope so.
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jkays94
05-24 01:48 PM
http://www.observer.com/20060529/20060529_Jason_Horowitz_pageone_newsstory1.asp
He cautioned against ghettoizing immigrants, which he noted has brought about disastrous results in France, and criticized elements in his own party as �nativist� before lambasting the punditry of Rush Limbaugh, Lou Dobbs and Michael Savage for helping to �fuel the problem,� according to two of the sources.
He cautioned against ghettoizing immigrants, which he noted has brought about disastrous results in France, and criticized elements in his own party as �nativist� before lambasting the punditry of Rush Limbaugh, Lou Dobbs and Michael Savage for helping to �fuel the problem,� according to two of the sources.
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Macaca
02-21 04:18 PM
we are targeting him because he is saying things which are inaccurate if not ludicrous regarding immigration.
Is it posible to post these inaccuracies about us. I want to post them here (http://www.washingtonwatch.com/bills/show/110_SN_9.html).
I want to post the general apathy of media towards us. However, all I have is no one reports about us. Any more ideas? Thanks.
Is it posible to post these inaccuracies about us. I want to post them here (http://www.washingtonwatch.com/bills/show/110_SN_9.html).
I want to post the general apathy of media towards us. However, all I have is no one reports about us. Any more ideas? Thanks.
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TomPlate
01-06 04:56 PM
Refugee_New if you calm down the whole thread is going to calm down. Let us calm down and pray for peace.
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knowDOL
07-15 12:40 PM
If you are that kind of person who was out of job and not got paid in bench, then go back to your country and don't go against law and get a bad name for all of us who are here legally on everyday for for last 7 -8 years and trying to get GC legally. There are many companies out there who want us in top positions. Just because of GC or EAD it is stalling. If you pay your attorny fee or H1B fee that is your status and do not attribute it to everyone. My company of 54 strength has 15-20 H1Bs and company runs on these individuals. Its been like that from 7 years. Companies hires people and concentrates on product because of the great billing rate H1B's get and because of the great work we do for clients, clients are ready to pay higher $ per hour. Give me your company name and we will make sure to destroy all these chota mota companies who make employees pay H1b fees and do not pay in bench. One fine day, it will anyway happen. In this country, no one can escape long not abiding law.
Let us be honest. A lot of us who came through body shops had to pay lawyer fee or had to take a cut in pay. Many of us had to sit in the bench for a long time with out pay. At the end of the day, not all of us are the best and the brightest but we are ready to work harder than the average Joe. With or without us this country will go forward. We are here to get a greencard and to become part of the melting pot. Please admit it my friends. I fully understands why many Americans are against us. We simply take their job. Then we insult them. Then we say, if we go back the American economy will go to hell. The companies are here for cheap labor. The congressmen who support them are the biggest receivers of their contribution. That is the reality. Let us not forget that. :D
Let us be honest. A lot of us who came through body shops had to pay lawyer fee or had to take a cut in pay. Many of us had to sit in the bench for a long time with out pay. At the end of the day, not all of us are the best and the brightest but we are ready to work harder than the average Joe. With or without us this country will go forward. We are here to get a greencard and to become part of the melting pot. Please admit it my friends. I fully understands why many Americans are against us. We simply take their job. Then we insult them. Then we say, if we go back the American economy will go to hell. The companies are here for cheap labor. The congressmen who support them are the biggest receivers of their contribution. That is the reality. Let us not forget that. :D
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jonty_11
04-09 10:59 AM
What is IV's position on this bill?
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pappu
07-13 08:28 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.
The reasons are not compelling enough. You cannot just say you are waiting long enough and thus your date should become current. Rules cannot be changed just for that reason.
If economy was down in 2001- 2003 and you were asked to file in EB3 and people in Perm could file in EB2 is your strongest reason, it may not work in your favor. Because by law you can file again and convert to EB2 and port your date. DOL and USCIS does not stop you from doing that.
If you are qualified for EB2 but your attorney and employer filed in EB3, then it is not a fault of USCIS/DOL/DOS. You must talk to the company and the lawyer for it. If the company or the lawyer has broken any rule or employer has exploited you, then the letter should be complain to the appropriate authority about them.
Please also note that labor is filed based on the degree and experience requirement of the job. By law if the requirement is only undergraduate degree for the job, the employer cannot file in EB2 just because the applicant has a masters degree or more experience than needed. So you cannot really put this arguement here because it will be against the rules.
So I personally do not think this idea will work.
While this mess is depressing for EB3 folks, we need to have a more compelling argument, determined membership and effective plan to get things changed.
The root cause of the problem is limited greencard quota for EB3. And the solution is to get recapture, get rid of country limits, STEM exemption. Any single relief itself will be huge for all of us. With 179 phone calls and $16656 collected in last 3 months, I do not see that happening. It will need a far more bigger and determined effort. Such amount can be spent on full scale lobbying in just one month. 179 phone calls are nothing if we have to make a compelling case for ourselves.
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.
The reasons are not compelling enough. You cannot just say you are waiting long enough and thus your date should become current. Rules cannot be changed just for that reason.
If economy was down in 2001- 2003 and you were asked to file in EB3 and people in Perm could file in EB2 is your strongest reason, it may not work in your favor. Because by law you can file again and convert to EB2 and port your date. DOL and USCIS does not stop you from doing that.
If you are qualified for EB2 but your attorney and employer filed in EB3, then it is not a fault of USCIS/DOL/DOS. You must talk to the company and the lawyer for it. If the company or the lawyer has broken any rule or employer has exploited you, then the letter should be complain to the appropriate authority about them.
Please also note that labor is filed based on the degree and experience requirement of the job. By law if the requirement is only undergraduate degree for the job, the employer cannot file in EB2 just because the applicant has a masters degree or more experience than needed. So you cannot really put this arguement here because it will be against the rules.
So I personally do not think this idea will work.
While this mess is depressing for EB3 folks, we need to have a more compelling argument, determined membership and effective plan to get things changed.
The root cause of the problem is limited greencard quota for EB3. And the solution is to get recapture, get rid of country limits, STEM exemption. Any single relief itself will be huge for all of us. With 179 phone calls and $16656 collected in last 3 months, I do not see that happening. It will need a far more bigger and determined effort. Such amount can be spent on full scale lobbying in just one month. 179 phone calls are nothing if we have to make a compelling case for ourselves.
Macaca
05-15 05:59 PM
Why America Needs Immigrants (http://online.wsj.com/article/SB10001424052748703730804576313490871429216.html) By JONAH LEHRER | Wall Street Journal
If there's one fact that Americans take for granted, it's that other people want to live here. As President Barack Obama noted in his speech on immigration earlier this week, the U.S. has always attracted strivers from every corner of the globe, often willing to risk great hardships to get here.
During the 20th century especially, America became a magnet for the bright and ambitious. Millions of talented foreigners, from Alfred Hitchcock to Sergey Brin, flocked to our universities and benefited from our financial capital and open culture.
There are signs, however, that the allure of America is fading. A new study by researchers at U.C. Berkeley, Duke and Harvard has found that, for the first time, a majority of American-trained entrepreneurs who have returned to India and China believe they are doing better at "home" than they would be doing in the U.S. The numbers weren't even close: 72% of Indians and 81% of Chinese said "economic opportunities" were superior in their native countries.
Some of the local advantages cited by these global entrepreneurs were predictable: cheap labor and low operating costs. What's more worrisome is that these business people also cited the optimistic mood of their homelands. To them, America felt tapped out, but their own countries seem full of potential. This might also help to explain why the number of illegal immigrants entering the U.S. has plunged more than 60% since 2005.
These trends are troubling because they threaten to undermine a chief competitive advantage of the U.S. Though politicians constantly pay lip service to the importance of American innovation, they often fail to note that it is driven in large part by first-generation immigrants.
Consider some recent data. The U.S. Patent Office says immigrants invent patents at roughly double the rate of non-immigrants, which is why a 1% increase in immigrants with college degrees leads to a 15% rise in patent production. (In recent years, immigrant inventors have contributed to more than a quarter of all U.S. global patent applications.) These immigrants also start companies at an accelerated pace, co-founding 52% of Silicon Valley firms since 1995. It's no accident that immigrants founded or co-founded many of the most successful high-tech companies in America, such as Google, Intel and eBay.
Why is immigration so essential for innovation? Immigrants bring a much-needed set of skills and interests. Last year, foreign students studying on temporary visas received more than 60% of all U.S. engineering doctorates. (American students, by contrast, dominate doctorate programs in the humanities and social sciences.)
These engineering students drive economic growth. According to the Department of Labor, only 5% of U.S. workers are employed in fields related to science and engineering, but they're responsible for more than 50% of sustained economic expansion (growth that isn't due to temporary or cyclical factors). These people invent products that change our lives, and in the process, they create jobs.
But the advantages of immigration aren't limited to those with particular academic backgrounds. In recent years, psychologists have discovered that exposing people to different cultures, either through travel abroad or diversity in their hometown, can also make them more creative. When we encounter other cultures we become more willing to consider multiple interpretations of the same thing. Take leaving food on one's plate: In China, it's often a compliment, signaling that the host has provided enough to eat. But in America it can suggest that the food wasn't good.
People familiar with such cultural contrasts are more likely to consider alternate possibilities when problem-solving, instead of settling for their first answer. As a result, they score significantly higher on tests of creativity. Perhaps it's not a coincidence that many of the most innovative places in the world, such as Silicon Valley and New York City, are also the most diverse.
We need a new immigration debate. In recent years, politicians have focused on border control and keeping out illegal immigrants. That's important work, of course. But what's even more important is ensuring that future inventors want to call America home.
Europe and immigration are vital issues, so let's discuss them (http://www.telegraph.co.uk/news/worldnews/europe/eu/8514152/Europe-and-immigration-are-vital-issues-so-lets-discuss-them.html) Telegraph
Fewer takers for H-1B
The software scene in the US is changing (http://businessstandard.com/india/news/fewer-takers-for-h-1b-/435622/)
Business Standard Editorial
President Obama's dreaming if he thinks he's mending fences with immigrants (http://www.nydailynews.com/ny_local/bronx/2011/05/15/2011-05-15_prez_dreaming_if_he_thinks_hes_mending_fences.h tml) By Albor Ruiz | NYDN
Twisting the truth on the Mexican border (http://www.washingtonpost.com/opinions/twisting-the-truth-on-the-mexican-border/2011/05/12/AFOJKi3G_story.html) The Washington Post Editorial
The Secure Visas Act (http://www.cfr.org/immigration/secure-visas-act/p24959) By Edward Alden | Council on Foreign Relations
If there's one fact that Americans take for granted, it's that other people want to live here. As President Barack Obama noted in his speech on immigration earlier this week, the U.S. has always attracted strivers from every corner of the globe, often willing to risk great hardships to get here.
During the 20th century especially, America became a magnet for the bright and ambitious. Millions of talented foreigners, from Alfred Hitchcock to Sergey Brin, flocked to our universities and benefited from our financial capital and open culture.
There are signs, however, that the allure of America is fading. A new study by researchers at U.C. Berkeley, Duke and Harvard has found that, for the first time, a majority of American-trained entrepreneurs who have returned to India and China believe they are doing better at "home" than they would be doing in the U.S. The numbers weren't even close: 72% of Indians and 81% of Chinese said "economic opportunities" were superior in their native countries.
Some of the local advantages cited by these global entrepreneurs were predictable: cheap labor and low operating costs. What's more worrisome is that these business people also cited the optimistic mood of their homelands. To them, America felt tapped out, but their own countries seem full of potential. This might also help to explain why the number of illegal immigrants entering the U.S. has plunged more than 60% since 2005.
These trends are troubling because they threaten to undermine a chief competitive advantage of the U.S. Though politicians constantly pay lip service to the importance of American innovation, they often fail to note that it is driven in large part by first-generation immigrants.
Consider some recent data. The U.S. Patent Office says immigrants invent patents at roughly double the rate of non-immigrants, which is why a 1% increase in immigrants with college degrees leads to a 15% rise in patent production. (In recent years, immigrant inventors have contributed to more than a quarter of all U.S. global patent applications.) These immigrants also start companies at an accelerated pace, co-founding 52% of Silicon Valley firms since 1995. It's no accident that immigrants founded or co-founded many of the most successful high-tech companies in America, such as Google, Intel and eBay.
Why is immigration so essential for innovation? Immigrants bring a much-needed set of skills and interests. Last year, foreign students studying on temporary visas received more than 60% of all U.S. engineering doctorates. (American students, by contrast, dominate doctorate programs in the humanities and social sciences.)
These engineering students drive economic growth. According to the Department of Labor, only 5% of U.S. workers are employed in fields related to science and engineering, but they're responsible for more than 50% of sustained economic expansion (growth that isn't due to temporary or cyclical factors). These people invent products that change our lives, and in the process, they create jobs.
But the advantages of immigration aren't limited to those with particular academic backgrounds. In recent years, psychologists have discovered that exposing people to different cultures, either through travel abroad or diversity in their hometown, can also make them more creative. When we encounter other cultures we become more willing to consider multiple interpretations of the same thing. Take leaving food on one's plate: In China, it's often a compliment, signaling that the host has provided enough to eat. But in America it can suggest that the food wasn't good.
People familiar with such cultural contrasts are more likely to consider alternate possibilities when problem-solving, instead of settling for their first answer. As a result, they score significantly higher on tests of creativity. Perhaps it's not a coincidence that many of the most innovative places in the world, such as Silicon Valley and New York City, are also the most diverse.
We need a new immigration debate. In recent years, politicians have focused on border control and keeping out illegal immigrants. That's important work, of course. But what's even more important is ensuring that future inventors want to call America home.
Europe and immigration are vital issues, so let's discuss them (http://www.telegraph.co.uk/news/worldnews/europe/eu/8514152/Europe-and-immigration-are-vital-issues-so-lets-discuss-them.html) Telegraph
Fewer takers for H-1B
The software scene in the US is changing (http://businessstandard.com/india/news/fewer-takers-for-h-1b-/435622/)
Business Standard Editorial
President Obama's dreaming if he thinks he's mending fences with immigrants (http://www.nydailynews.com/ny_local/bronx/2011/05/15/2011-05-15_prez_dreaming_if_he_thinks_hes_mending_fences.h tml) By Albor Ruiz | NYDN
Twisting the truth on the Mexican border (http://www.washingtonpost.com/opinions/twisting-the-truth-on-the-mexican-border/2011/05/12/AFOJKi3G_story.html) The Washington Post Editorial
The Secure Visas Act (http://www.cfr.org/immigration/secure-visas-act/p24959) By Edward Alden | Council on Foreign Relations
Imigrait
03-24 01:55 AM
ok...this is something..
apparently they called my employer also and has asked them to provide all details.
All I-9s
All performance appraisals
my works schedule
my vacation requests this year
current salary
supervisor details
:)
Are you sure they asked about performance appraisals? That's personal information . In fact, how are they going to justify why they need this information?
apparently they called my employer also and has asked them to provide all details.
All I-9s
All performance appraisals
my works schedule
my vacation requests this year
current salary
supervisor details
:)
Are you sure they asked about performance appraisals? That's personal information . In fact, how are they going to justify why they need this information?
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