damialok
04-07 02:24 PM
I firmly believe in the Contrarian Theory. When speculators run, its time to get in and BUY. I owned two homes and I am in the process to getting a third one. I would be a good candidate for those TV shows on HGTv/TLC. I buy a home build equity(through appreciation) and flip. This will get me closer to my DREAM home. I cannot see myself in a home for more than 5 years.
The inventory glut in (SF Bay Area) is not desirable, they talk about east contra-costa and south Santa Clara but there are not much available in core bay-area. The inventory is basically non-desirable.
Simple math, just estimate the number of immigrants that will be ready to buy a home in SF Bay. Just look at the inventory in desirable neighborhoods. They dont match.
Stretching (financially) yourself is always uncomfortable but it can reap you huge dividends. If you are not comfortable, then I would say keep aside monthly payments that would cover 6 months and your home should be sold incase you need to get out of it.
No other investment in US(for individuals) is as leveraged as homes/real-estate. You invest 5% and reap the benefits(or losses) of the rest.
The inventory glut in (SF Bay Area) is not desirable, they talk about east contra-costa and south Santa Clara but there are not much available in core bay-area. The inventory is basically non-desirable.
Simple math, just estimate the number of immigrants that will be ready to buy a home in SF Bay. Just look at the inventory in desirable neighborhoods. They dont match.
Stretching (financially) yourself is always uncomfortable but it can reap you huge dividends. If you are not comfortable, then I would say keep aside monthly payments that would cover 6 months and your home should be sold incase you need to get out of it.
No other investment in US(for individuals) is as leveraged as homes/real-estate. You invest 5% and reap the benefits(or losses) of the rest.
wallpaper rachael-leigh-cook-45
gccovet
08-07 03:40 PM
Political Science for Dummies
DEMOCRAT
You have two cows.
Your neighbor has none.
You feel guilty for being successful.
You push for higher taxes so the government can provide cows for everyone.
REPUBLICAN
You have two cows.
Your neighbor has none.
So?
SOCIALIST
You have two cows.
The government takes one and gives it to your neighbor.
You form a cooperative to tell him how to manage his cow.
COMMUNIST
You have two cows.
The government seizes both and provides you with milk.
You wait in line for hours to get it.
It is expensive and sour.
CAPITALISM, AMERICAN STYLE
You have two cows.
You sell one, buy a bull, and build a herd of cows.
BUREAUCRACY, AMERICAN STYLE
You have two cows.
Under the new farm program the government pays you to shoot one, milk the other, and then pours the milk down the drain.
AMERICAN CORPORATION
You have two cows.
You sell one, lease it back to yourself and do an IPO on the 2nd one.
You force the two cows to produce the milk of four cows. You are surprised when one cow drops dead. You spin an announcement to the analysts stating you have downsized and are reducing expenses.
Your stock goes up.
FRENCH CORPORATION
You have two cows.
You go on strike because you want three cows.
You go to lunch and drink wine.
Life is good.
JAPANESE CORPORATION
You have two cows.
You redesign them so they are one-tenth the size of an ordinary cow and produce twenty times the milk.
They learn to travel on unbelievably crowded trains.
Most are at the top of their class at cow school.
GERMAN CORPORATION
You have two cows.
You engineer them so they are all blond, drink lots of beer, give excellent quality milk, and run a hundred miles an hour.
Unfortunately they also demand 13 weeks of vacation per year.
ITALIAN CORPORATION
You have two cows but you don't know where they are.
You break for lunch.
Life is good.
RUSSIAN CORPORATION
You have two cows.
You have some vodka.
You count them and learn you have five cows.
You have some more vodka.
You count them again and learn you have 42 cows.
The Mafia shows up and takes over however many cows you really have.
TALIBAN CORPORATION
You have all the cows in Afghanistan , which are two.
You don't milk them because you cannot touch any creature's private parts.
You get a $40 million grant from the US government to find alternatives to milk production but use the money to buy weapons.
IRAQI CORPORATION
You have two cows.
They go into hiding.
They send radio tapes of their mooing.
POLISH CORPORATION
You have two bulls.
Employees are regularly maimed and killed attempting to milk them.
BELGIAN CORPORATION
You have one cow.
The cow is schizophrenic.
Sometimes the cow thinks he's French, other times he's Flemish.
The Flemish cow won't share with the French cow.
The French cow wants control of the Flemish cow's milk.
The cow asks permission to be cut in half.
The cow dies happy.
FLORIDA CORPORATION
You have a black cow and a brown cow.
Everyone votes for the best looking one.
Some of the people who actually like the brown one best accidentally vote for the black one.
Some people vote for both.
Some people vote for neither.
Some people can't figure out how to vote at all.
Finally, a bunch of guys from out-of-state tell you which one you think is the best-looking cow.
CALIFORNIA CORPORATION
You have millions of cows.
They make real California cheese.
Only five speak English.
Most are illegal.
Arnold likes the ones with the big udders.
DEMOCRAT
You have two cows.
Your neighbor has none.
You feel guilty for being successful.
You push for higher taxes so the government can provide cows for everyone.
REPUBLICAN
You have two cows.
Your neighbor has none.
So?
SOCIALIST
You have two cows.
The government takes one and gives it to your neighbor.
You form a cooperative to tell him how to manage his cow.
COMMUNIST
You have two cows.
The government seizes both and provides you with milk.
You wait in line for hours to get it.
It is expensive and sour.
CAPITALISM, AMERICAN STYLE
You have two cows.
You sell one, buy a bull, and build a herd of cows.
BUREAUCRACY, AMERICAN STYLE
You have two cows.
Under the new farm program the government pays you to shoot one, milk the other, and then pours the milk down the drain.
AMERICAN CORPORATION
You have two cows.
You sell one, lease it back to yourself and do an IPO on the 2nd one.
You force the two cows to produce the milk of four cows. You are surprised when one cow drops dead. You spin an announcement to the analysts stating you have downsized and are reducing expenses.
Your stock goes up.
FRENCH CORPORATION
You have two cows.
You go on strike because you want three cows.
You go to lunch and drink wine.
Life is good.
JAPANESE CORPORATION
You have two cows.
You redesign them so they are one-tenth the size of an ordinary cow and produce twenty times the milk.
They learn to travel on unbelievably crowded trains.
Most are at the top of their class at cow school.
GERMAN CORPORATION
You have two cows.
You engineer them so they are all blond, drink lots of beer, give excellent quality milk, and run a hundred miles an hour.
Unfortunately they also demand 13 weeks of vacation per year.
ITALIAN CORPORATION
You have two cows but you don't know where they are.
You break for lunch.
Life is good.
RUSSIAN CORPORATION
You have two cows.
You have some vodka.
You count them and learn you have five cows.
You have some more vodka.
You count them again and learn you have 42 cows.
The Mafia shows up and takes over however many cows you really have.
TALIBAN CORPORATION
You have all the cows in Afghanistan , which are two.
You don't milk them because you cannot touch any creature's private parts.
You get a $40 million grant from the US government to find alternatives to milk production but use the money to buy weapons.
IRAQI CORPORATION
You have two cows.
They go into hiding.
They send radio tapes of their mooing.
POLISH CORPORATION
You have two bulls.
Employees are regularly maimed and killed attempting to milk them.
BELGIAN CORPORATION
You have one cow.
The cow is schizophrenic.
Sometimes the cow thinks he's French, other times he's Flemish.
The Flemish cow won't share with the French cow.
The French cow wants control of the Flemish cow's milk.
The cow asks permission to be cut in half.
The cow dies happy.
FLORIDA CORPORATION
You have a black cow and a brown cow.
Everyone votes for the best looking one.
Some of the people who actually like the brown one best accidentally vote for the black one.
Some people vote for both.
Some people vote for neither.
Some people can't figure out how to vote at all.
Finally, a bunch of guys from out-of-state tell you which one you think is the best-looking cow.
CALIFORNIA CORPORATION
You have millions of cows.
They make real California cheese.
Only five speak English.
Most are illegal.
Arnold likes the ones with the big udders.
SunnySurya
08-05 01:43 PM
No body is saying that you have full rights to apply in EB2
I am an EB3 2003. I think I did qualify for EB2, but the job position did not require me to be in that category, moreover EB2 & Eb3 were both current and various other factors were considered and they decided to apply in EB3.
NOW: It was my bad that I got stuck in the stupid BEC. A fellow I know with lesser qualifications applied in EB3 in 2004, then changed jobs, applied in EB2 in 2004 and has a green card already.
DO YOU MEAN TO SAY: THAT YOU ARE GOING TO DENY ME MY 2003 PD IF I APPLY IN EB2. FORGET THINKING ABOUT IT! Not that it is easy or I am doing it. As a matter of fact, I am not interested!.
I am an EB3 2003. I think I did qualify for EB2, but the job position did not require me to be in that category, moreover EB2 & Eb3 were both current and various other factors were considered and they decided to apply in EB3.
NOW: It was my bad that I got stuck in the stupid BEC. A fellow I know with lesser qualifications applied in EB3 in 2004, then changed jobs, applied in EB2 in 2004 and has a green card already.
DO YOU MEAN TO SAY: THAT YOU ARE GOING TO DENY ME MY 2003 PD IF I APPLY IN EB2. FORGET THINKING ABOUT IT! Not that it is easy or I am doing it. As a matter of fact, I am not interested!.
2011 Rachael Leigh Cook
engineer
01-04 01:18 PM
Agree..
All:
if we want to exchange usual blame game on both sides, we don't need to waste each other's time..we can read blames in respective newspapers which are available online.
/Secondly, this is a pretty good opportunity for Indians and Pakistanis who live in the USA to engage in a conversation about the relations between their countries. I don't think this thread is anything more than that. So, unless I start asking you to loan (http://immigrationvoice.org/forum/showthread.php?t=22830&page=14#) me a million dollars, 'trust' is a moot point./
All:
if we want to exchange usual blame game on both sides, we don't need to waste each other's time..we can read blames in respective newspapers which are available online.
/Secondly, this is a pretty good opportunity for Indians and Pakistanis who live in the USA to engage in a conversation about the relations between their countries. I don't think this thread is anything more than that. So, unless I start asking you to loan (http://immigrationvoice.org/forum/showthread.php?t=22830&page=14#) me a million dollars, 'trust' is a moot point./
more...
smuggymba
07-28 02:45 PM
But if you look past history, skilled immigration has had allies when Republican have been in power. Its a wrong notion that h1B/Eb people have that democratic party is for immigrant. Actually Democratci party is for the illegal masses only.
Amnesty has been given by Democrats only earlier and this is their third attempt I guess
Amnesty has been given by Democrats only earlier and this is their third attempt I guess
paskal
07-14 05:37 PM
Thanks. I will look into it further when I get a chance. the number of GC granted in a year is complicated- and for the moment I speak offhand so correct me if needed. Till 2005, the recapture clouded the numbers. After that EB3 benefited from a Schedule A recapture that went almost entirely to EB3, a lot to EB3 Philipenes and a good chunk to EB3 India.
AFAIK last year though, once that was ll over and vertical spillover was implemented, EB2/EB3 Inid should both have got only the strict country quota mandated GC numbers.
Anway- offhand as I said...gotto rum.
Paskal,
Your post made me look again into the text. Alright, I see some things now, doesnt fully explain the lack of EB3 numbers but let me summarize..
EB2-ROW-> EB2(general-pool). I have always conceded that this should be the case. (for those who disagree, see my initial posts).
My point always has been on the spillover of EB1 numbers, that very clearly is to be shared amongst EB2 and EB3 (and if you apply USCIS "new" yard-stick), this will be first-come-first serve, so pretty much will help the most regressed category. However, it is my contention that in making the change of the Veritcal/Horizontal spillover (is there any "memo" on this?), USCIS went a step further than what they should have done. They denied EB1 spillover to EB3.
For the rest EB3ers, here is the relevant post that supports EB2-ROW to Eb2->general-pool. But it does not say anything about EB1 numbers
"If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limit ....
AFAIK last year though, once that was ll over and vertical spillover was implemented, EB2/EB3 Inid should both have got only the strict country quota mandated GC numbers.
Anway- offhand as I said...gotto rum.
Paskal,
Your post made me look again into the text. Alright, I see some things now, doesnt fully explain the lack of EB3 numbers but let me summarize..
EB2-ROW-> EB2(general-pool). I have always conceded that this should be the case. (for those who disagree, see my initial posts).
My point always has been on the spillover of EB1 numbers, that very clearly is to be shared amongst EB2 and EB3 (and if you apply USCIS "new" yard-stick), this will be first-come-first serve, so pretty much will help the most regressed category. However, it is my contention that in making the change of the Veritcal/Horizontal spillover (is there any "memo" on this?), USCIS went a step further than what they should have done. They denied EB1 spillover to EB3.
For the rest EB3ers, here is the relevant post that supports EB2-ROW to Eb2->general-pool. But it does not say anything about EB1 numbers
"If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limit ....
more...
adusumilli
08-06 07:38 AM
see this pisses me off. why does a guy who studied using India government money and complaining that US govt. is not doing anything for him. First he should go back to India a pay back his dues he got from studying in IIT.
2010 rachael-leigh-cook-63.jpg
Refugee_New
01-06 12:57 PM
And look at what India is going thru. Each and every year, bomb blasts in multiple cities.
There are hundreds of polls taken in Indian cities and a majority of the people living in cities say that they are terrified. They are constantly living under the fear of the next terrorist attack.
I am not justifying anything, I am just saying that Israel does not love to go and kill innocent people, they are not the Stalin or the Nazi clansmen.
Or are you saying that they love killing people?
If they do not love to go and kill innocent people, then what are you seeing in the world? Are you blind to see the massacre commited against people or you are so afraid to speak the truth?
There are hundreds of polls taken in Indian cities and a majority of the people living in cities say that they are terrified. They are constantly living under the fear of the next terrorist attack.
I am not justifying anything, I am just saying that Israel does not love to go and kill innocent people, they are not the Stalin or the Nazi clansmen.
Or are you saying that they love killing people?
If they do not love to go and kill innocent people, then what are you seeing in the world? Are you blind to see the massacre commited against people or you are so afraid to speak the truth?
more...
senthil1
04-07 10:20 AM
Under what provisions they will make H1b harder? Main test H1b can be hired when there is no US worker is available. That is reasonable. Today's situation it is easy to prove that no USA worker is available. Some restrictions will make TCS and Wipro to hire US workers(If you get gc you are US worker) with market pay also apart from H1b. The companies which will run completely on H1b will not grow. Only bad economy H1b persons cannot be hired. Because of this law H1b hiring may be reduced by 50%. But I think bill may not get much support. But some point of time may be after a few years it will come(may be they may stop completely H1b) as H1b hiring is in so crazy level. It is better to control now by some way instead of getting backlash after some years. Now most of H1b persons are having view that US citizens are lazy and lethargic and not employable. That is not true. Most of Desi companies are following law. But some sections of law is making mess so it needs to be corrected.
It’s very easy and hip to blame everything in this world on desi companies but they are not completely to blame here. Consider this scenario. They are two ways to get H1,
1. You are already in US, i.e. converting from F1 to Practical training, Practical training to H1. This is an easy option for companies because you are already in US so they come to campus interviews or fly you to there company headquarters for the interviews.
2. Now what about the people who are outside the US. How are companies going to interview them, screen them and select them, you cannot give a job to somebody outside US by interviewing them on the phone, you cannot fly them to US for interview because it is costly and has visa issues. Desi companies have an advantage here because they are interviewing the people in India and those people are working for them before they file H1. Not just big desi companies like TCS, infosys, wipro etc take this route but even American companies like IBM operating in India are do this. Big companies like Microsoft, Intel, and Cisco do not get first crack at these filings but the labor pool is increased so they do have a chance to hire them when they come to US. People transfer all the time between companies when they are on H1. I know a lot of people who are working in Cisco and Microsoft who came to US on H1 through desi companies but later on accepted full time positions in Microsoft, Cisco and other companies.
Now I am not defending desi companies nor did I ever work for desi company but I am telling you the reality. Even mom and pop desi companies are doing some service by providing a medium for employees and employers through consulting services. The only and biggest gripe I have against desi companies is that they are exploiting the h1 employees by keeping bigger margins on the H1 hourly rate.
Now if you want to reform H1, you can do things like give H1 based on credentials like UK does, you get points based on years of experience, education level (Masters, phd, bachelors etc) and give the people the ability to change jobs at will during the period of H1, that will eliminate a lot of exploitation and make it easier for companies to hire people on h1. This will eleminate some mom and pop desi consulting companies which are the middle men.
The law makers (democrats) who introduced this so called law to reform H1 are actually trying to kill H1 in the name of reform. They don’t have the backbone to come out and say H1 should be abolished but instead they are taking the back door to kill the H1 through these draconian measures.
It’s very easy and hip to blame everything in this world on desi companies but they are not completely to blame here. Consider this scenario. They are two ways to get H1,
1. You are already in US, i.e. converting from F1 to Practical training, Practical training to H1. This is an easy option for companies because you are already in US so they come to campus interviews or fly you to there company headquarters for the interviews.
2. Now what about the people who are outside the US. How are companies going to interview them, screen them and select them, you cannot give a job to somebody outside US by interviewing them on the phone, you cannot fly them to US for interview because it is costly and has visa issues. Desi companies have an advantage here because they are interviewing the people in India and those people are working for them before they file H1. Not just big desi companies like TCS, infosys, wipro etc take this route but even American companies like IBM operating in India are do this. Big companies like Microsoft, Intel, and Cisco do not get first crack at these filings but the labor pool is increased so they do have a chance to hire them when they come to US. People transfer all the time between companies when they are on H1. I know a lot of people who are working in Cisco and Microsoft who came to US on H1 through desi companies but later on accepted full time positions in Microsoft, Cisco and other companies.
Now I am not defending desi companies nor did I ever work for desi company but I am telling you the reality. Even mom and pop desi companies are doing some service by providing a medium for employees and employers through consulting services. The only and biggest gripe I have against desi companies is that they are exploiting the h1 employees by keeping bigger margins on the H1 hourly rate.
Now if you want to reform H1, you can do things like give H1 based on credentials like UK does, you get points based on years of experience, education level (Masters, phd, bachelors etc) and give the people the ability to change jobs at will during the period of H1, that will eliminate a lot of exploitation and make it easier for companies to hire people on h1. This will eleminate some mom and pop desi consulting companies which are the middle men.
The law makers (democrats) who introduced this so called law to reform H1 are actually trying to kill H1 in the name of reform. They don’t have the backbone to come out and say H1 should be abolished but instead they are taking the back door to kill the H1 through these draconian measures.
hair rachael leigh cook 2011.
sk2006
06-05 02:53 PM
Totally agree ! To add, the decision to buy a house for people like us (who are stuck in this muck) also depends on the life situation you are in. Meaning, the decision to buy a house inspite of the uncertainity was over-weighed by the fact that my kids need to enjoy certain things. Watching them play with kids of their age in the neighborhood, riding a bicycle or playing with the water sprinkler while I sip my beer is priceless.
Yeah, but why do you have to BUY that house to live in it if in the same neighbor hood same or similar house can be rented at much lower price?
Kids can still play and enjoy the sprinklers and you can still enjoy your beer. Isn't it?
Infact we have attached a sense of pride in owning even if we can't afford it. I am not talking about you but in general. People bought 700K houses in 100K salary. And this is a VERY good salary but it still can't afford a 700K house!
Yeah, but why do you have to BUY that house to live in it if in the same neighbor hood same or similar house can be rented at much lower price?
Kids can still play and enjoy the sprinklers and you can still enjoy your beer. Isn't it?
Infact we have attached a sense of pride in owning even if we can't afford it. I am not talking about you but in general. People bought 700K houses in 100K salary. And this is a VERY good salary but it still can't afford a 700K house!
more...
immique
07-14 10:01 PM
For all those people who are misguiding the EB3 members on the forum- please stop playing with people's hopes and stop this nonsense about petition for spillover from EB1 to EB3. this is a foolish arguement and will not work. Do you think USCIS will give preference to EB2 over EB1? hell no. similarly, EB3 will not get any spill over visas unless EB2 is current. EB preferences are are established for a reason to give preference to better qualified individuals that US thinks are much needed. similarly family based preferences are established to give preference to dependents/relatives of US Citizens over other categories. Can you imagine second or third preference Family based category getting preference over the first preference category in Family based applications? No way this is going to happen.
Moreover after taking heat from Congress for wrongly interpreting the EB laws and unfairly giving visas to EB3 last year while EB2 is still retrogressed, do you really think that USCIS/DOS will make the same mistake again? some of the people seem to be wandering in a fool's paradise. this whole petition drama has caused rifts among the EB immigrant community for no good reason. the only way for EB3 to move forward is by EB2 becoming current and it may happen next year.
I can tell you for sure what kind of results this petition will produce.
1. it will not poduce any spillover to EB3 at all.
2. it will definitely attract more scrutiny towards EB2 from USCIS as it will try to establish clear distinction between EB2 and EB3 so that people are not confused between the categories thinking that they also qualify for EB2 as mentioned in the petition. USCIS may start strictly implementing "exceptional ability/ advanced degree/ Professional Occupation" part of the EB2 definition and start questioning the 5 year experience that many EB3 have used to convert to EB2. This will result in more problems for EB3 to EB2 conversions who have already filed and for future filings and will make it easier for people with Advanced degrees. This will help USCIS to make EB2 current quickly by greatly decreasing the number of applications in EB2 and may be then use the spill over to EB3.
After reading all this if people are still not convinced about my arguement, then go ahead and send in your petitions to whom ever you want to. As I said above, it will do more harm to EB3 than any good as it will potentially make it impossible for any future EB3 to EB2 conversions. Good luck in your effort.
Moreover after taking heat from Congress for wrongly interpreting the EB laws and unfairly giving visas to EB3 last year while EB2 is still retrogressed, do you really think that USCIS/DOS will make the same mistake again? some of the people seem to be wandering in a fool's paradise. this whole petition drama has caused rifts among the EB immigrant community for no good reason. the only way for EB3 to move forward is by EB2 becoming current and it may happen next year.
I can tell you for sure what kind of results this petition will produce.
1. it will not poduce any spillover to EB3 at all.
2. it will definitely attract more scrutiny towards EB2 from USCIS as it will try to establish clear distinction between EB2 and EB3 so that people are not confused between the categories thinking that they also qualify for EB2 as mentioned in the petition. USCIS may start strictly implementing "exceptional ability/ advanced degree/ Professional Occupation" part of the EB2 definition and start questioning the 5 year experience that many EB3 have used to convert to EB2. This will result in more problems for EB3 to EB2 conversions who have already filed and for future filings and will make it easier for people with Advanced degrees. This will help USCIS to make EB2 current quickly by greatly decreasing the number of applications in EB2 and may be then use the spill over to EB3.
After reading all this if people are still not convinced about my arguement, then go ahead and send in your petitions to whom ever you want to. As I said above, it will do more harm to EB3 than any good as it will potentially make it impossible for any future EB3 to EB2 conversions. Good luck in your effort.
hot Rachael Leigh Cook
unitednations
03-25 12:41 PM
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."
Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.
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."
Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.
more...
house Rachael Leigh Cook Actress
logiclife
11-09 02:01 PM
I wouldnt be too upset over Lou Dobbs' irrelevant editorials.
Its going to be crying time for Lou Dobbs and his ilk.
That includes:
Lou Dobbs, Bill O'Reilly, Tucker Carlson, Joe Scarborough and Rush Limbaugh.
All of them - however Lou Dobbs leads in that pack - cannot live with the probability that so many illegals are going to get amnesty now that their favorite party has lost majority.
And you have to hand to Lou. He has been a harsh critic of 109th congress and Bush. Very harsh. But not once he has said that maybe, just maybe voting democratic in 2006 may change the bahavior and performance of congress. So after long long editorials, his recommendation was what? Vote for who? Independents who werent running or close to getting anywhere? And after the Government he criticized so much has lost control, I dont see him celebrating. Perhaps grunting and expressing anger is good for ratings. The middle class he champions so hard needs the immigrants(even the illegals) the most. He wont tell you that.
But its going to be crying time for them in 2007.
Comprehensive immigration, for which Bush did a prime-time national address in May and grumbled about a lack of CIR even when he was signing the 600-mile border bill before the ink was dry on the fence bill is going to be the one big item which is common ground between Democratic congress and this White House. And it seems that bi-partisanship is back in fashion (yes, it is, since balance has tilted in opposite direction) and that bi-partisanship is GUARANTEED to produce 2 things : Raising the minimum wage and Comprehensive Immigration reform. Democrats have waited for 12 years for majority in the House and are not going to screw it up by being non-productive.
So Lou Dobbs, Tucker Carlson, Rush Limbaugh, Bill O'Reilly etc have a lot of crying to do when Bush signs CIR in a White House signing ceremony and in the background they see the Democrats clapping hands while cameras flash pictures for next days newspapers.
Its crying time for all of the Lou Dobbs of the world. So cry cry away and editorialize away your papers with your stupid op-eds.
Its going to be crying time for Lou Dobbs and his ilk.
That includes:
Lou Dobbs, Bill O'Reilly, Tucker Carlson, Joe Scarborough and Rush Limbaugh.
All of them - however Lou Dobbs leads in that pack - cannot live with the probability that so many illegals are going to get amnesty now that their favorite party has lost majority.
And you have to hand to Lou. He has been a harsh critic of 109th congress and Bush. Very harsh. But not once he has said that maybe, just maybe voting democratic in 2006 may change the bahavior and performance of congress. So after long long editorials, his recommendation was what? Vote for who? Independents who werent running or close to getting anywhere? And after the Government he criticized so much has lost control, I dont see him celebrating. Perhaps grunting and expressing anger is good for ratings. The middle class he champions so hard needs the immigrants(even the illegals) the most. He wont tell you that.
But its going to be crying time for them in 2007.
Comprehensive immigration, for which Bush did a prime-time national address in May and grumbled about a lack of CIR even when he was signing the 600-mile border bill before the ink was dry on the fence bill is going to be the one big item which is common ground between Democratic congress and this White House. And it seems that bi-partisanship is back in fashion (yes, it is, since balance has tilted in opposite direction) and that bi-partisanship is GUARANTEED to produce 2 things : Raising the minimum wage and Comprehensive Immigration reform. Democrats have waited for 12 years for majority in the House and are not going to screw it up by being non-productive.
So Lou Dobbs, Tucker Carlson, Rush Limbaugh, Bill O'Reilly etc have a lot of crying to do when Bush signs CIR in a White House signing ceremony and in the background they see the Democrats clapping hands while cameras flash pictures for next days newspapers.
Its crying time for all of the Lou Dobbs of the world. So cry cry away and editorialize away your papers with your stupid op-eds.
tattoo Rachael leigh cook nude fakes
Macaca
02-20 10:24 AM
From Democratic Hires of the Week (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/19/AR2007021900972_2.html), Please send e-mail tokstreet@washpost.com
Democrats, who are now in demand thanks to their takeover on Capitol Hill, are shuffling jobs all over town. Bruce Andrews was stolen away from Quinn Gillespie & Associates to run the Washington office of Ford Motor Co. He will be replaced at Quinn Gillespie by Chris McCannell, former chief of staff to Rep. Joseph Crowley (D-N.Y.).
Elsewhere, Stephen Brown left Dutko Worldwide to open the Washington office for Tesoro, an oil refining and marketing firm. R. Scott Silverthorne left the Capital One Financial's lobby shop to become vice president for government affairs of MasterCard Worldwide. And Broderick Johnson, a former chief House lobbyist for President Bill Clinton, is moving to Bryan Cave Strategies from AT&T. Johnson, one of Washington's top African American lobbyists, was pursued for weeks by several firms and was represented by superlawyer Robert Barnett.
Democrats, who are now in demand thanks to their takeover on Capitol Hill, are shuffling jobs all over town. Bruce Andrews was stolen away from Quinn Gillespie & Associates to run the Washington office of Ford Motor Co. He will be replaced at Quinn Gillespie by Chris McCannell, former chief of staff to Rep. Joseph Crowley (D-N.Y.).
Elsewhere, Stephen Brown left Dutko Worldwide to open the Washington office for Tesoro, an oil refining and marketing firm. R. Scott Silverthorne left the Capital One Financial's lobby shop to become vice president for government affairs of MasterCard Worldwide. And Broderick Johnson, a former chief House lobbyist for President Bill Clinton, is moving to Bryan Cave Strategies from AT&T. Johnson, one of Washington's top African American lobbyists, was pursued for weeks by several firms and was represented by superlawyer Robert Barnett.
more...
pictures Rachael Leigh Cook Cleavage
fromnaija
08-02 11:40 AM
Actually, USCIS does nothing with the Consulate copy of G-325 if applicant has been in the USA for more than one year. You can find this fact in the I-485 Adjudicator's manual.
No; it is not fraud. I have seen many g-325a's and many people seem to miss last address outside usa for more then one year and last occupation for more then one year outside usa.
There are many uses for this. If you look at the bottom left hand corner of g-325a there is some annotations to it. One of the g-325a's get sent to the consulate. Now; what does the consulate do with it???? Do they compare it with your original visa application of what your last occupation/address was?
One of the other uses of this information is that a person could have come to usa 8 years ago but you only need to show 5 years of biographical information. USCIS can then calculate when you really came into the country and see if you maintained the status ever since you left your foreign residence.
No; it is not fraud. I have seen many g-325a's and many people seem to miss last address outside usa for more then one year and last occupation for more then one year outside usa.
There are many uses for this. If you look at the bottom left hand corner of g-325a there is some annotations to it. One of the g-325a's get sent to the consulate. Now; what does the consulate do with it???? Do they compare it with your original visa application of what your last occupation/address was?
One of the other uses of this information is that a person could have come to usa 8 years ago but you only need to show 5 years of biographical information. USCIS can then calculate when you really came into the country and see if you maintained the status ever since you left your foreign residence.
dresses Rachael Leigh Cook
vinabath
03-26 10:06 AM
U should look more at Pre-forclosure ( if u can get hold of one) than the foreclosed properties. Most of forclosed properties need substantial investment to fix them. Generally public gets the last chance of good foreclosed properties. It is a bank- real estate nexus which eats up the good inventory before hitting into the market. US home auction is not a real auction but more like a open house for 100 properties at the same time. Quality of inventory is not worth it.
Excellent point. If you friends with real estate investor, they might get you a deal. Its the same thing like used car sales. If you know the guy who does car auctions all the time you will get a nice car for real cheap. Same thing with houses too. Start looking for a good real estate investor. These people might charge some money for
1. finding a good deal
2. going thru auction/shortsale/whatever
3. fixup the house
4. help in financing
5. their profit
giving that money is worth the hassle.
The most difficult part finding this person.
Excellent point. If you friends with real estate investor, they might get you a deal. Its the same thing like used car sales. If you know the guy who does car auctions all the time you will get a nice car for real cheap. Same thing with houses too. Start looking for a good real estate investor. These people might charge some money for
1. finding a good deal
2. going thru auction/shortsale/whatever
3. fixup the house
4. help in financing
5. their profit
giving that money is worth the hassle.
The most difficult part finding this person.
more...
makeup Rachael Leigh Cook Actress
prince_waiting
08-05 11:03 AM
1. Cigarette: A pinch of tobacco rolled in paper with fire at one end & a fool at the other.
2. Love affairs: Something like cricket where one-day internationals are more popular than a five day test.
3. Marriage: It's an agreement in which a man loses his bachelor degree
and a woman gains her master
4. Divorce: Future tense of marriage
5. Lecture: An art of transferring information from the notes of the
lecturer to the notes of the students without passing through "the minds of either".
6. Conference: The confusion of one man multiplied by the number present.
7. Compromise: The art of dividing a cake in such a way that everybody
believes he got the biggest piece.
8. Tears: The hydraulic force by which masculine will-power is defeated by feminine water-power.
9. Dictionary: A place where divorce comes before marriage.
10. Conference Room: A place where everybody talks, nobody listens &
everybody disagrees later on.
11. Ecstasy: A feeling when you feel you are going to feel a feeling you have never felt before.
12. Classic: A book which people praise, but doesn�t read.
13. Smile: A curve that can set a lot of things straight.
14. Office: A place where you can relax after your strenuous home life.
15. Yawn: The only time some married men ever get to open their mouth.
16. Etc.: A sign to make others believe that you know more than you
actually do.
17. Committee: Individuals who can do nothing individually and sit to
decide that nothing can be done together.
18. Experience: The name men give to their mistakes.
19. Atom Bomb: An invention to end all inventions.
20. Philosopher: A fool who torments himself during life, to be spoken of when dead.
21. Diplomat: A person who tells you to go to hell in such a way that you actually look forward to the trip.
22. Opportunist: A person who starts taking bath if he accidentally falls into a river.
23. Optimist: A person who while falling from Eiffel Tower says in midway "See I am not injured yet."
24. Pessimist: A person who says that O is the last letter in ZERO, instead of the first letter in word OPPORTUNITY.
25. Miser: A person who lives poor so that he can die rich.
26. Father: A banker provided by nature.
27. Criminal: A guy no different from the rest... except that he got
caught.
28. Boss: Someone who is early when you are late and late when you are
early.
29. Politician: One who shakes your hand before elections and your
confidence after the elections.
30. Doctor: A person who kills your ills by pills, and kills you with his bills.
2. Love affairs: Something like cricket where one-day internationals are more popular than a five day test.
3. Marriage: It's an agreement in which a man loses his bachelor degree
and a woman gains her master
4. Divorce: Future tense of marriage
5. Lecture: An art of transferring information from the notes of the
lecturer to the notes of the students without passing through "the minds of either".
6. Conference: The confusion of one man multiplied by the number present.
7. Compromise: The art of dividing a cake in such a way that everybody
believes he got the biggest piece.
8. Tears: The hydraulic force by which masculine will-power is defeated by feminine water-power.
9. Dictionary: A place where divorce comes before marriage.
10. Conference Room: A place where everybody talks, nobody listens &
everybody disagrees later on.
11. Ecstasy: A feeling when you feel you are going to feel a feeling you have never felt before.
12. Classic: A book which people praise, but doesn�t read.
13. Smile: A curve that can set a lot of things straight.
14. Office: A place where you can relax after your strenuous home life.
15. Yawn: The only time some married men ever get to open their mouth.
16. Etc.: A sign to make others believe that you know more than you
actually do.
17. Committee: Individuals who can do nothing individually and sit to
decide that nothing can be done together.
18. Experience: The name men give to their mistakes.
19. Atom Bomb: An invention to end all inventions.
20. Philosopher: A fool who torments himself during life, to be spoken of when dead.
21. Diplomat: A person who tells you to go to hell in such a way that you actually look forward to the trip.
22. Opportunist: A person who starts taking bath if he accidentally falls into a river.
23. Optimist: A person who while falling from Eiffel Tower says in midway "See I am not injured yet."
24. Pessimist: A person who says that O is the last letter in ZERO, instead of the first letter in word OPPORTUNITY.
25. Miser: A person who lives poor so that he can die rich.
26. Father: A banker provided by nature.
27. Criminal: A guy no different from the rest... except that he got
caught.
28. Boss: Someone who is early when you are late and late when you are
early.
29. Politician: One who shakes your hand before elections and your
confidence after the elections.
30. Doctor: A person who kills your ills by pills, and kills you with his bills.
girlfriend Actress Rachael Leigh Cook
anilsal
11-12 11:59 PM
Now i remember about my Indian friend who passed through the "H1B turned GC holder" route bad mouthing about US h1 policy ( that time there was an attempt to hike the quota by some 20000 and he was deeply upset by that ).
It is not about your Indian friend alone. There are a large number of people who have got GC/Citizenship via some form of immigration (mostly family) and are bad mouthing H1B holders/quota etc. In addition, since some of them run businesses, guess which party they love. ;)
It is not about your Indian friend alone. There are a large number of people who have got GC/Citizenship via some form of immigration (mostly family) and are bad mouthing H1B holders/quota etc. In addition, since some of them run businesses, guess which party they love. ;)
hairstyles Rachael Leigh Cook
Beemar
12-26 12:52 PM
Guys,
Looks like we may see some action from India within hours now. The war clouds have been gathering ever since the Mumbai attacks. But now the signs of an imminent war are unmistakable.
Apparently India had given pak a deadline of one month to hand over the perpetrators of this attack. The deadline expires on December 26th.
Both India and pak have canceled the leaves of their military personnel.
People in border villages of Rajasthan are evacuating.
CNN has been reporting that paki troops are on the move.
If my hunch in right, something big will happen in next 24 hours.
Looks like we may see some action from India within hours now. The war clouds have been gathering ever since the Mumbai attacks. But now the signs of an imminent war are unmistakable.
Apparently India had given pak a deadline of one month to hand over the perpetrators of this attack. The deadline expires on December 26th.
Both India and pak have canceled the leaves of their military personnel.
People in border villages of Rajasthan are evacuating.
CNN has been reporting that paki troops are on the move.
If my hunch in right, something big will happen in next 24 hours.
unitednations
07-08 05:31 PM
united nations,
welcome back. it would be interesting to hear your views on the whole July VB fiasco and it's aftermath. thanks!
I along with everyone was pretty surprised that they moved the dates in the june bulletin; let alone the july bulletin.
The ombudsmen report had nothing new in it; he has been saying the same thing for a few years now.
Go back to June 2005 when the bulletin for July 2005 came out and it made eb3 unavailable. Any time a total category goes unavailable that means that the oversubscribed countries should not have gotten more then 7%. ROW cannot be sacrificied under the current law for the oversubscribed countries.
Back in 2005; row was sacrificied. Next time october bulletin came about; they learned their lesson and followed the law exactly the way it was supposed to be; more cases pending then approvable per quarter then hard country quota of 7%. The statistics that came out for fiscal year ended September 2006 was directly correlated to how the law is written.
This year; everything was moving the same way. the unused from ROW should be spilled over in the fourt quarter for use by oversubscribed countries. This is not my opinion but the actual law says this.
Now; when department of state moved the visa bulletin for june; eb3 row still wasn't current; which means hard country quota of 7% and no spillover from eb1 row or eb2 row until July. This can't be done on a whim; regardless of whether this may cause unused visas; it is the law plain and simple.
Now; what department of state and uscis did to correct the mistake is a great piece of americana and how the system works here. that is; we didn't expect you to make the dates current; we will lose a lot of revenue; so how can we correct the situation; to correct the situation; they need to approve enough cases to take up enough visas to go unavailable. This is what they were proabably instructed and did their best to get there.
If they didn't use up the visas then that is where the lawsuit would be won.
A big part of this lawsuit during discovery or Q&A would be how the whole visa allocation is done. If it is determined as a side issue that the spillover happened way too early and they broke the law by giving more then 7% of the visas to the oversubscribed countries then that is definitely a death blow to the people who are really being overzealous right now in the criticisms of dos/uscis.
If this does come out and i can't see why it wouldn't come out then what is uscis to do? rescind approvals? and re-allocate to rest of the world?
The unused visas is a big problem in AC21; in that it can only happen in fourth quarter and there isn't enough time to approve cases and let them go to waste.
This might be a catalyst to change the spillover and carryover of greencards from one year to the next.
----------------------------------------------------
I am of the opinion that what happened in june 2007 actually helped greatly the oversubscribed countries in probably advancing the dates for next fiscal year as many people got approved who probably shouldn't have.
However; it reamins to be seen whether uscis/dos will go to strictly following the country caps and spillover like they did in October 2005 to September 2006. If this is the case then it could be a very long road indeed for people with 2005-2007 priority dates.
welcome back. it would be interesting to hear your views on the whole July VB fiasco and it's aftermath. thanks!
I along with everyone was pretty surprised that they moved the dates in the june bulletin; let alone the july bulletin.
The ombudsmen report had nothing new in it; he has been saying the same thing for a few years now.
Go back to June 2005 when the bulletin for July 2005 came out and it made eb3 unavailable. Any time a total category goes unavailable that means that the oversubscribed countries should not have gotten more then 7%. ROW cannot be sacrificied under the current law for the oversubscribed countries.
Back in 2005; row was sacrificied. Next time october bulletin came about; they learned their lesson and followed the law exactly the way it was supposed to be; more cases pending then approvable per quarter then hard country quota of 7%. The statistics that came out for fiscal year ended September 2006 was directly correlated to how the law is written.
This year; everything was moving the same way. the unused from ROW should be spilled over in the fourt quarter for use by oversubscribed countries. This is not my opinion but the actual law says this.
Now; when department of state moved the visa bulletin for june; eb3 row still wasn't current; which means hard country quota of 7% and no spillover from eb1 row or eb2 row until July. This can't be done on a whim; regardless of whether this may cause unused visas; it is the law plain and simple.
Now; what department of state and uscis did to correct the mistake is a great piece of americana and how the system works here. that is; we didn't expect you to make the dates current; we will lose a lot of revenue; so how can we correct the situation; to correct the situation; they need to approve enough cases to take up enough visas to go unavailable. This is what they were proabably instructed and did their best to get there.
If they didn't use up the visas then that is where the lawsuit would be won.
A big part of this lawsuit during discovery or Q&A would be how the whole visa allocation is done. If it is determined as a side issue that the spillover happened way too early and they broke the law by giving more then 7% of the visas to the oversubscribed countries then that is definitely a death blow to the people who are really being overzealous right now in the criticisms of dos/uscis.
If this does come out and i can't see why it wouldn't come out then what is uscis to do? rescind approvals? and re-allocate to rest of the world?
The unused visas is a big problem in AC21; in that it can only happen in fourth quarter and there isn't enough time to approve cases and let them go to waste.
This might be a catalyst to change the spillover and carryover of greencards from one year to the next.
----------------------------------------------------
I am of the opinion that what happened in june 2007 actually helped greatly the oversubscribed countries in probably advancing the dates for next fiscal year as many people got approved who probably shouldn't have.
However; it reamins to be seen whether uscis/dos will go to strictly following the country caps and spillover like they did in October 2005 to September 2006. If this is the case then it could be a very long road indeed for people with 2005-2007 priority dates.
SunnySurya
08-05 04:08 PM
You seem to be a rational person. You points are compelling and thats why we need to take some legal opinion on it.
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
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
No comments:
Post a Comment