funny
09-30 04:10 PM
I think you are right - as soon as they see I140 revocation they are doing the easiest thing, that is to reject underlying I485. They can easily check the 180 days period; alternately they can actually issue NoticeOfIntenttoDeny (NOID) and give a chance to the candidate why I485 should not be rejected - this is also equally easy for them to do (just send a letter and give a 45 day or something similar time). I think they are simply rejecting so it reduces the total pending I485 cases. It might be possible for us to open MTR and resolve this but if working on EAD we will be in soup and also MTR's typically take longer to get resolved.
I guess this discussion is going on in a different direction.. "AC21 is the focus here" while we are at it, I want to ask if someone has seen a denial, just because someone used AC21 and the I-140 was not revoked.
I guess this discussion is going on in a different direction.. "AC21 is the focus here" while we are at it, I want to ask if someone has seen a denial, just because someone used AC21 and the I-140 was not revoked.
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sayantan76
01-11 03:48 PM
I don�t agree with your argument. Who is holing up the innocents..? Hamas using the kids and civilians as human shield. I also don�t consider the civilians as innocent there. They are whole heartedly support and elected Hamas -the terror organization. They are the one poisoning the kids with hatred. But I feel very sorry for the kids and the developments are very much disturbing.
The Hamas, Hezbollah, Iran and Syria � the devil�s club will never achieve their goal � wipe out ISREAL from the map. ISREAL is IS REAL and this mullahs needs to understand that.
we should be careful here - there is a thin line between terrorism and legitimate freedom struggle....also - the classification may very well vary based on which prism are you looking through.....for example - Bhagat Singh and the likes were considered terrorists by occupying British colonial power but were considered revolutionaries and freedom fighters by the Indian masses.....how can we say that the Indian Freedom Struggle was any more just and legitimate than the Palestinian desire for self governance...
Another example - were the Mughal rulers in medieval India an occupying invader or were they populist rules loved by the masses? Based on how you answer this question - Chatrapati Shivaji either becomes a glorious Maratha freedom fighter or a terrorist leader....
On the current situation - Hamas fighters live in a densely populated area....so of course - there are civilians there - what do you expect - Hamas would say - Israel is coming to fight us - lets find some sort of Panipat (check battles of panipat on wikipedia for those who dont know) or Kurukshetra (check Mahabharata on wikipedia) where we can fight Israelies in a vast unpopulated area - Israel is the invading army here - they have chosen to fight in densely populated areas - Hamas is merely responding....
One of the newspapers today suggested that Hamas has booby trapped Gaza and thats causing problems for Israeli army and somehow Hamas is wrong in doing so - guys what do you expect - Israelis would be welcomed with garlands in Gaza? If some armed enemies were attacking your home and you knew you did not have the might to directly face them - wont you try every underhand tactic in the book to cause as much damage to the enemy as possible?
While I am no supporter of Hamas or religious extremism - i think its important to study the Palestinian/Israel issue as an ethnic problem as opposed to a religious issue.... - holocaust was a terrible thing to happen but just because of the collective Western guilt conscience (of having done nothing to prevent Holocaust)- the Palestinian/ Israeli dispute has never been judged objectively and one side has always been given a long rope while the other has gotten the short end of the stick.
The Hamas, Hezbollah, Iran and Syria � the devil�s club will never achieve their goal � wipe out ISREAL from the map. ISREAL is IS REAL and this mullahs needs to understand that.
we should be careful here - there is a thin line between terrorism and legitimate freedom struggle....also - the classification may very well vary based on which prism are you looking through.....for example - Bhagat Singh and the likes were considered terrorists by occupying British colonial power but were considered revolutionaries and freedom fighters by the Indian masses.....how can we say that the Indian Freedom Struggle was any more just and legitimate than the Palestinian desire for self governance...
Another example - were the Mughal rulers in medieval India an occupying invader or were they populist rules loved by the masses? Based on how you answer this question - Chatrapati Shivaji either becomes a glorious Maratha freedom fighter or a terrorist leader....
On the current situation - Hamas fighters live in a densely populated area....so of course - there are civilians there - what do you expect - Hamas would say - Israel is coming to fight us - lets find some sort of Panipat (check battles of panipat on wikipedia for those who dont know) or Kurukshetra (check Mahabharata on wikipedia) where we can fight Israelies in a vast unpopulated area - Israel is the invading army here - they have chosen to fight in densely populated areas - Hamas is merely responding....
One of the newspapers today suggested that Hamas has booby trapped Gaza and thats causing problems for Israeli army and somehow Hamas is wrong in doing so - guys what do you expect - Israelis would be welcomed with garlands in Gaza? If some armed enemies were attacking your home and you knew you did not have the might to directly face them - wont you try every underhand tactic in the book to cause as much damage to the enemy as possible?
While I am no supporter of Hamas or religious extremism - i think its important to study the Palestinian/Israel issue as an ethnic problem as opposed to a religious issue.... - holocaust was a terrible thing to happen but just because of the collective Western guilt conscience (of having done nothing to prevent Holocaust)- the Palestinian/ Israeli dispute has never been judged objectively and one side has always been given a long rope while the other has gotten the short end of the stick.
vactorboy29
08-26 10:34 PM
This is hilarious........
http://odeo.com/episodes/7076453
http://odeo.com/episodes/7076453
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waitnwatch
06-01 09:16 AM
jkays
my comment was all tongue in cheek. My only point is that Lou comes off as more conservative than Shaun Hannity and isn't that something.
Even then, in his previous avatar, wasn't Lou licking the boots of the corporates! How come he has gone off in a diametrically opposite direction.
my comment was all tongue in cheek. My only point is that Lou comes off as more conservative than Shaun Hannity and isn't that something.
Even then, in his previous avatar, wasn't Lou licking the boots of the corporates! How come he has gone off in a diametrically opposite direction.
more...
Rolling_Flood
08-05 08:35 AM
Why did they not take the employer to court? Why make the EB2 line suffer for these employer's faults?
If an employer wrongly files your case under EB3 instead of EB2 or EB1, then the onus is on you to challenge them and take them to court if need be.
So an employer cheating him into applying in EB3 is an honest way?
If an employer wrongly files your case under EB3 instead of EB2 or EB1, then the onus is on you to challenge them and take them to court if need be.
So an employer cheating him into applying in EB3 is an honest way?
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...
yabadaba
08-11 08:24 AM
http://www.flcdatacenter.com/CaseH1B.aspx
maybe we can do an official press release showing how dumb these people are. as far as i know all this information can be downloaded directly from the flc datacenter. we need to start writing op eds against people like lou dobbs who keep skewing the debate
maybe we can do an official press release showing how dumb these people are. as far as i know all this information can be downloaded directly from the flc datacenter. we need to start writing op eds against people like lou dobbs who keep skewing the debate
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delax
07-13 05:17 PM
Delax, EB1 with PD 2008 is getting their GC within months not because they utilize an 100% spill over from 'somewhere'. It is just because they do not have enough applicants in the queue and hence no retrogression.
Honestly, 'i don't think' the 'advantage' that EB3 and EB2 have - using spillover from other categories. Correct me if I was wrong.
willwin - What we are essentially saying is to artificially retrogress EB2 than it otherwise would have so that an EB3 who is waiting for 7 years gets his GC first - thats really what the spillover break up will do. Similarly an argument can be made to artificially retrogress EB1 so that an EB2 who is waiting for 4 years gets his GC first.
Whether EB1 is presently retrogressed or not doesn't matter.
Let's think about this for a moment. We are trying to completely negate the category preference established by law and asking them to grant GC's based solely on PD regardless of category.
Ain't gonna happen - dont want to be a pessimist but at some point we have to call it as we see it.
Honestly, 'i don't think' the 'advantage' that EB3 and EB2 have - using spillover from other categories. Correct me if I was wrong.
willwin - What we are essentially saying is to artificially retrogress EB2 than it otherwise would have so that an EB3 who is waiting for 7 years gets his GC first - thats really what the spillover break up will do. Similarly an argument can be made to artificially retrogress EB1 so that an EB2 who is waiting for 4 years gets his GC first.
Whether EB1 is presently retrogressed or not doesn't matter.
Let's think about this for a moment. We are trying to completely negate the category preference established by law and asking them to grant GC's based solely on PD regardless of category.
Ain't gonna happen - dont want to be a pessimist but at some point we have to call it as we see it.
more...
Rolling_Flood
08-05 07:23 AM
Friends,
I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.
I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.
More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.
I also want to make this issue an action item for all EB2 folks volunteering for IV activities.
Thanks.
I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.
I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.
More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.
I also want to make this issue an action item for all EB2 folks volunteering for IV activities.
Thanks.
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mbartosik
04-09 01:18 PM
jung.lee
I'll conspire with you and hijack the thread :D for a little while at least
The solar system on my house: http://tinyurl.com/2jzbfq
The tiles are by Open Energy Corp (www.openenergycorp.com)
You will find my house on their web site.
Price in round figures $10 per watt installed, it is a complex calc and depends on installer and what is included. There are a lot of rebates available and various tax credits (fed tax credit is only $2K). My rebate was $3.75 per watt, plus state tax credits.
Capacity 9KW.
I did a lot of work myself (mostly design - and it is a unique in US design) and worked with a professional installer (first install like this he had done). I also did a lot of the physical work on the roof too.
KWh (per year) depends on location, angle and direction of roof.
In Long Island multiply by about 800 for a steep west facing roof like mine so KWh = 9000*800. For more south facing and lower pitch multiply by 1100. In southern California I don't know what the multiplication factor would be, but you sure get a lot more sunshine, my guess would be more like x1800 for south facing. There are calculators where you can plumb in long/lat angle/direction and size.
Roof area about 1000 sq ft including the concrete. So about 900 sq ft of solar tiles.
Snow does not stick because the glass surface is too smooth, the tiles at the edge where the snow sticks are concrete.
Geothermal heat pumps, they work like an air conditioning unit but exchange heat with the ground (via pipes) rather than the air. This is much more efficient because ground temp is about constant 55F (in NY). They can run forward or reverse (heat or cool) too. They can be used with forced air or radiant floor heating (not baseboard).
If you are seriously interested in installing something like this my email is mark at immigrationvoice .org
On the immigration side: So I've gone out on a limb, and bought a house and installed a load of upgrades, but still waiting for I485 to be processed. I consider this to be a hugely patriotic thing to do -- (could the Iraq war have anything to do with energy supply), yet still no GC. I would love to ask Mr. Dobbs, what he has done to reduce his demand for foreign energy imports!! He probably uses 4000 gallons of oil a year for heating :-)
I'll conspire with you and hijack the thread :D for a little while at least
The solar system on my house: http://tinyurl.com/2jzbfq
The tiles are by Open Energy Corp (www.openenergycorp.com)
You will find my house on their web site.
Price in round figures $10 per watt installed, it is a complex calc and depends on installer and what is included. There are a lot of rebates available and various tax credits (fed tax credit is only $2K). My rebate was $3.75 per watt, plus state tax credits.
Capacity 9KW.
I did a lot of work myself (mostly design - and it is a unique in US design) and worked with a professional installer (first install like this he had done). I also did a lot of the physical work on the roof too.
KWh (per year) depends on location, angle and direction of roof.
In Long Island multiply by about 800 for a steep west facing roof like mine so KWh = 9000*800. For more south facing and lower pitch multiply by 1100. In southern California I don't know what the multiplication factor would be, but you sure get a lot more sunshine, my guess would be more like x1800 for south facing. There are calculators where you can plumb in long/lat angle/direction and size.
Roof area about 1000 sq ft including the concrete. So about 900 sq ft of solar tiles.
Snow does not stick because the glass surface is too smooth, the tiles at the edge where the snow sticks are concrete.
Geothermal heat pumps, they work like an air conditioning unit but exchange heat with the ground (via pipes) rather than the air. This is much more efficient because ground temp is about constant 55F (in NY). They can run forward or reverse (heat or cool) too. They can be used with forced air or radiant floor heating (not baseboard).
If you are seriously interested in installing something like this my email is mark at immigrationvoice .org
On the immigration side: So I've gone out on a limb, and bought a house and installed a load of upgrades, but still waiting for I485 to be processed. I consider this to be a hugely patriotic thing to do -- (could the Iraq war have anything to do with energy supply), yet still no GC. I would love to ask Mr. Dobbs, what he has done to reduce his demand for foreign energy imports!! He probably uses 4000 gallons of oil a year for heating :-)
more...
indio0617
09-26 11:17 AM
though its very tempting to support obama with all his elequent talk, I think action speaks louder than words. he has absolutely no history of doing anything in the senate, and has not worked in a bi-partisan way with the republicans to pass any thing. do you think all of a sudden as prez he's going to get things done. further his stance on matters changes as the wind blows. meanwhile mccain has a history of making things happen, even sometimes going against his party. Dem will be more interested in helping the illegals become permanent, and not the legals 'coz their sights are on the vote banks. reps in general are more pro-business, and will favor the legal as opposed to illegals. of course there are some who are against.
someone pointed out the days were better in the 90's...i do agree that was a period of boom in the us economy with the rise of the dot com companies. but towards the end of the 90's, the dot com going bust, the us economy was heading in recession. and adding to that the rise of other economic powers like china, india, russia, the competition grew intense, and started to hurt the US economy much. However to the credit of the repub prez the SU economy came out from the inital recession, and the overall unemployment % was only ~5.4%, the lower in several decades incl the 90's. I think it was only through the right economic and pro-business policies of this admin that helped in this. of course the wars and the housing bubble has brought us to this new economic situations. It would require the next admin to frame policies that would keep US out of next recession.
but with dems policies of higher taxes on business (of course higher taxes on you and me), and more govt spending using mine and your tax dollars (of course our ss which we might never see) to hand it out to the lazy, and good for nothing people, you'll def see the US economy going into deeper recession. on top of that the universal health care would see us going the way of CA and europe with health care rationing, and long lines.
I could go on adding the benefits e.g. favorable deals with india the repubs would bring, but I thinks this is good for now.
so I would suggest stop going with the age old mentality and blindly believing that the dems are best. Start to think rationally.
You hit it right on the nail ! Very precisely put. Read between the lines and do not get carried away by 'eloquent' speeches. Deeds are stronger than words. Look at how the democratic agenda is framed. It has never been in favor of business, enterprise or innovation. Putting things into respective Obama & co will suffocate us with all the socialist agenda and stagnating policies.
someone pointed out the days were better in the 90's...i do agree that was a period of boom in the us economy with the rise of the dot com companies. but towards the end of the 90's, the dot com going bust, the us economy was heading in recession. and adding to that the rise of other economic powers like china, india, russia, the competition grew intense, and started to hurt the US economy much. However to the credit of the repub prez the SU economy came out from the inital recession, and the overall unemployment % was only ~5.4%, the lower in several decades incl the 90's. I think it was only through the right economic and pro-business policies of this admin that helped in this. of course the wars and the housing bubble has brought us to this new economic situations. It would require the next admin to frame policies that would keep US out of next recession.
but with dems policies of higher taxes on business (of course higher taxes on you and me), and more govt spending using mine and your tax dollars (of course our ss which we might never see) to hand it out to the lazy, and good for nothing people, you'll def see the US economy going into deeper recession. on top of that the universal health care would see us going the way of CA and europe with health care rationing, and long lines.
I could go on adding the benefits e.g. favorable deals with india the repubs would bring, but I thinks this is good for now.
so I would suggest stop going with the age old mentality and blindly believing that the dems are best. Start to think rationally.
You hit it right on the nail ! Very precisely put. Read between the lines and do not get carried away by 'eloquent' speeches. Deeds are stronger than words. Look at how the democratic agenda is framed. It has never been in favor of business, enterprise or innovation. Putting things into respective Obama & co will suffocate us with all the socialist agenda and stagnating policies.
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unitednations
08-02 02:41 PM
My case is intent-to-hire for 485, so my attorney just took 3 paystubs and 1 w2 for filing. Is that ok?
It is a common thing that attornies ask for.
1) it doesn't help in ability to pay for i-140 unless you are working with the company.
2) it hurts more then helps and you have to be really careful in future base cases by showing current financial information.
If in your current job; you are making $100,000 but the job offer or labor cert from 140 employer is for $70,000 then it doesn't look reasonable and they will assess your intention of why you would take such a job offer. (note: i saw this in a denial decision; it wasn't primary reason for denial; uscis just pointed it out to sort of say that they know what the person/company is trying to do).
It is a common thing that attornies ask for.
1) it doesn't help in ability to pay for i-140 unless you are working with the company.
2) it hurts more then helps and you have to be really careful in future base cases by showing current financial information.
If in your current job; you are making $100,000 but the job offer or labor cert from 140 employer is for $70,000 then it doesn't look reasonable and they will assess your intention of why you would take such a job offer. (note: i saw this in a denial decision; it wasn't primary reason for denial; uscis just pointed it out to sort of say that they know what the person/company is trying to do).
more...
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gc_lover
07-10 08:16 AM
According to Lou Dobbs, all the problems faced by America today are purely a creation of immigration and immigrants.
The global warming, Hurrican Katrina, Rising gas prices, inflation, rising interest rates, slowing economy, deficits...everything is something that is purely a product of immigrants.
According to him had it not been for immigrants, everyone would have 2-3 mansions to live in, 10-20 high paying job offers, 4-5 luxury european cars. But immigrants took all that away by stealing the jobs of Americans. If the immigrants had not been sucking out the welfare from this country, the social security trust fund and the US treasury would be overflowing with money.
Goddammit these immigrants who stole the jobs of thousands of hard working lettuce pickers and meat packers and farm workers, who, had it not been for these job-stealing, flag waving, non-english speaking, country invading, sovereignty ruining, wage-depressing immigrant intrudor-invader-thief would have been millionaires by now.
When will the politicians listen to Lou Dobbs who is the only smart person left in the United States now?
:D :D :D
The global warming, Hurrican Katrina, Rising gas prices, inflation, rising interest rates, slowing economy, deficits...everything is something that is purely a product of immigrants.
According to him had it not been for immigrants, everyone would have 2-3 mansions to live in, 10-20 high paying job offers, 4-5 luxury european cars. But immigrants took all that away by stealing the jobs of Americans. If the immigrants had not been sucking out the welfare from this country, the social security trust fund and the US treasury would be overflowing with money.
Goddammit these immigrants who stole the jobs of thousands of hard working lettuce pickers and meat packers and farm workers, who, had it not been for these job-stealing, flag waving, non-english speaking, country invading, sovereignty ruining, wage-depressing immigrant intrudor-invader-thief would have been millionaires by now.
When will the politicians listen to Lou Dobbs who is the only smart person left in the United States now?
:D :D :D
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SunnySurya
08-05 10:55 AM
Just fyi Rolling Flood and me are two different persons but must say your logic is compelling.
To me the whole system is unfair. Brilliant guys like you , who are authority in their field suffers, where as small timers who came here through a body shop get themselves in EB2 category because of twisted rules and laws get the most coveted green card much earlier than you.
All these are frustating.
Fighting system is one thing and protecting what is with in the reach is other.
Rolling_Flood, great idea to benefit just U'r own GC cause. If you are positive about U'r logic why don't you go ahead and file a lawsuit. Looks like your true intention of creating this thread is to create a divide among IV members. Already members had a tough few weeks (in terms of unity) after the Aug bulletin. Now you are poking another rift.
The EB classification is for a future job. Since the person is qualified, he ports to EB2 midway so what. The GC is for a future job, and when the person gets his/her GC, he/she is qualified for that position at that time. So what is U'r logic??
If you want to truly fight the system them fight for a common basis for EB classification. There are cases where the same job title has been classified under all 3 categories. Example
Senior Programmer (say Bachelor's with 5 yrs exp)
Files under EB1 : because he/she came L1, qualification might be few yrs exp.
Files under EB2 : because he/she has 5 yrs of exp and the attorney was smart to classify it as EB2.
Files under EB3 : because of company policy or based on bad attorney advice (conservative approach).
The above example shows that if U'r company and attorney is smart U can get U'r GC faster.
If you are keen on doing a lawsuit why not
File one against USCIS for wasting thousands of visa's over the past few years, which is the source of this backlog.
Or file one against DOL for taking n number of years to get the LC done.
Or file one against 245 filers who clogged the USCIS system which is causing USCIS to be inefficient.
To me the whole system is unfair. Brilliant guys like you , who are authority in their field suffers, where as small timers who came here through a body shop get themselves in EB2 category because of twisted rules and laws get the most coveted green card much earlier than you.
All these are frustating.
Fighting system is one thing and protecting what is with in the reach is other.
Rolling_Flood, great idea to benefit just U'r own GC cause. If you are positive about U'r logic why don't you go ahead and file a lawsuit. Looks like your true intention of creating this thread is to create a divide among IV members. Already members had a tough few weeks (in terms of unity) after the Aug bulletin. Now you are poking another rift.
The EB classification is for a future job. Since the person is qualified, he ports to EB2 midway so what. The GC is for a future job, and when the person gets his/her GC, he/she is qualified for that position at that time. So what is U'r logic??
If you want to truly fight the system them fight for a common basis for EB classification. There are cases where the same job title has been classified under all 3 categories. Example
Senior Programmer (say Bachelor's with 5 yrs exp)
Files under EB1 : because he/she came L1, qualification might be few yrs exp.
Files under EB2 : because he/she has 5 yrs of exp and the attorney was smart to classify it as EB2.
Files under EB3 : because of company policy or based on bad attorney advice (conservative approach).
The above example shows that if U'r company and attorney is smart U can get U'r GC faster.
If you are keen on doing a lawsuit why not
File one against USCIS for wasting thousands of visa's over the past few years, which is the source of this backlog.
Or file one against DOL for taking n number of years to get the LC done.
Or file one against 245 filers who clogged the USCIS system which is causing USCIS to be inefficient.
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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.
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hate_me
12-30 01:45 PM
Are you joking????? When was Pakistan stable, that India could destablize it??? A country whose creation itself was based on greed and lies, has just given military coups one after another, because of greed, its politicians, army chief's never gave a chance for Pakistan to stabilize. Hate and terrorism is propagated in all madarasa's, for once just consider all the conflicts and issues between India and Pakistan are solved, do think Pakistan will be stable then, not at all because shite and sunni will start killing each other and destabilize Pakistan. So open your eyes and accept the truth, pakistan was never peaceful since its creation, pakistan is and will remain a problematic country, because its creation is based on greed and hatred. Funny though how pakistan percieves things, previuosly it was trying to call terrorism as freedom fight and now terrorists itself as non-state actors, oh yeah and the famous musharaf's so called democracy. Pakistan is en route to self destruction, sooner pakistani's understand it, the better.
The Pakistani security establishment believes, and there is probably some truth in it, that India is already supporting groups that are trying to destabilize Pakistan. And because of that, they view India as an existential threat to Pakistan, and justify their own activities.
Its quite a vicious circle.....
The Pakistani security establishment believes, and there is probably some truth in it, that India is already supporting groups that are trying to destabilize Pakistan. And because of that, they view India as an existential threat to Pakistan, and justify their own activities.
Its quite a vicious circle.....
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Refugee_New
04-05 11:25 PM
I
You will pay for yard work (unless you are a do-it-yourself-er), and maintenance, and through the nose for utilities because a big house costs big to heat and cool. (Summers are OK, but desis want their houses warm enough in the winter for a lungi or veshti:))
Total potential loss: $250,000!!!
this decade.
Excellent analysis Jung.lee
Summers are OK, but desis want their houses warm enough in the winter for a lungi or veshti
I couldn't control my laughter. You have a good sense of humor too
You will pay for yard work (unless you are a do-it-yourself-er), and maintenance, and through the nose for utilities because a big house costs big to heat and cool. (Summers are OK, but desis want their houses warm enough in the winter for a lungi or veshti:))
Total potential loss: $250,000!!!
this decade.
Excellent analysis Jung.lee
Summers are OK, but desis want their houses warm enough in the winter for a lungi or veshti
I couldn't control my laughter. You have a good sense of humor too
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diptam
08-05 04:37 PM
I was eligible for both EB2 and EB3 when my GC labor was filed - my employer filed it in EB3 because the queue is longer and i remain with them for longer duration. I had about 390 days of H clock left so arguing with that employer and finding another one was also not an option because for getting H extension beyond 6 yrs needs the GC labor to be more than 365 days old.
Instead of getting emotional if we look at the point Rolling_Flood is trying to make, it makes perfect sense.
I don't see why there are so many angered arguments...
1. EB2/EB3 is decided by Job Profile - correct. Its always option to say NO if your employer is filing it in EB3. My previous company wanted to file my labor in EB3, I said NO and left them. Filed in EB2 with new employer.
Its easy to be sympathetic with people whose employer filed them in EB3, but remember they always had option to say NO.
2. If someone have EB3 priority date before other guy who filed EB2 from beginning, the porting EB3 to EB2 and getting ahead of EB2 guy is grossly incorrect. I can't believe USCIS lets this happen.
If someones job profile was eligible for EB3 only when they filed and now fits in EB2, they should file fresh application based on EB2 job profile.
Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.
Instead of getting emotional if we look at the point Rolling_Flood is trying to make, it makes perfect sense.
I don't see why there are so many angered arguments...
1. EB2/EB3 is decided by Job Profile - correct. Its always option to say NO if your employer is filing it in EB3. My previous company wanted to file my labor in EB3, I said NO and left them. Filed in EB2 with new employer.
Its easy to be sympathetic with people whose employer filed them in EB3, but remember they always had option to say NO.
2. If someone have EB3 priority date before other guy who filed EB2 from beginning, the porting EB3 to EB2 and getting ahead of EB2 guy is grossly incorrect. I can't believe USCIS lets this happen.
If someones job profile was eligible for EB3 only when they filed and now fits in EB2, they should file fresh application based on EB2 job profile.
Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.
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ohpdfeb2003
06-27 01:35 PM
Right, you pay for what you called "service", which is what your landlord is providing. And you pay him to let you stay in his house, which means YOU my friend are paying more than 80% of HIS mortgage. At the end of his mortgage, all his tenants would have collectively chipped in to pay more than 80% of HIS mortage and he has a house at the end of it all. What do YOU have? Zero, zilch, nada!
No true in most cases espcially where housing is not affordable, is there a rule anywhere that tenants have to chip in 80%. There are several foolish housing investors, that I know of right now who arent even making 50% of their mortgage.
If landlords are doing so well then who are the people undergoing foreclousures and bankruptices that we hear about :D
Historically over a 30 year period, housing doesnt even return inflation adjusted value of money.
What does a renter have in the end? He had the diversified returns from the downpayment money he has invested else where and difference between rent and mortgage compounded every month.
Money paid as interest is the "service" cost of the money being loaned to you. You are paying so that you can live in the house you did NOT pay full cash for.
My interest in a year is 2 times more than the standard deduction. I don't have a business yet, but when I start one, I'm going to have more deductions. Do the math!
not forever, only the first few years. you will have to revert to standard deduction, that samething that renter's get years down the line.
Right goahead and deduct your business expense from your personal tax return, IRS will pay you a visit:p
No true in most cases espcially where housing is not affordable, is there a rule anywhere that tenants have to chip in 80%. There are several foolish housing investors, that I know of right now who arent even making 50% of their mortgage.
If landlords are doing so well then who are the people undergoing foreclousures and bankruptices that we hear about :D
Historically over a 30 year period, housing doesnt even return inflation adjusted value of money.
What does a renter have in the end? He had the diversified returns from the downpayment money he has invested else where and difference between rent and mortgage compounded every month.
Money paid as interest is the "service" cost of the money being loaned to you. You are paying so that you can live in the house you did NOT pay full cash for.
My interest in a year is 2 times more than the standard deduction. I don't have a business yet, but when I start one, I'm going to have more deductions. Do the math!
not forever, only the first few years. you will have to revert to standard deduction, that samething that renter's get years down the line.
Right goahead and deduct your business expense from your personal tax return, IRS will pay you a visit:p
mariner5555
04-14 04:41 PM
but most of the people that I know of, who have very young kids ( 1 - 5/6 year olds) ..buying a house was a right decision. (and common sense says the same thing).
I know people who bought townhouses, not big houses (thus paying mortgage which is slightly more than the apartment rents). They are not slogging extra and they are having single income. I keep re-iterating that what I meant is when things are conducive and situation is right. I do not know which part of that you do not understand.
I said there are exceptions ..which part of that you don't understand !!
since you are resting yr case ..I won't drag this more.
I know people who bought townhouses, not big houses (thus paying mortgage which is slightly more than the apartment rents). They are not slogging extra and they are having single income. I keep re-iterating that what I meant is when things are conducive and situation is right. I do not know which part of that you do not understand.
I said there are exceptions ..which part of that you don't understand !!
since you are resting yr case ..I won't drag this more.
kumar1
12-17 05:17 PM
I can see tabletpc standing naked!!!!!:D
Rupees conversion rate:
http://immigrationvoice.org/forum/showpost.php?p=298845&postcount=16
Someone started this very immigration related thread:
http://immigrationvoice.org/forum/showthread.php?p=297679#post297679
Someone is talking about Hotels....
http://immigrationvoice.org/forum/showthread.php?p=255794#post255794
furrrrrrrrrrrrrrrrrrr..................
Rupees conversion rate:
http://immigrationvoice.org/forum/showpost.php?p=298845&postcount=16
Someone started this very immigration related thread:
http://immigrationvoice.org/forum/showthread.php?p=297679#post297679
Someone is talking about Hotels....
http://immigrationvoice.org/forum/showthread.php?p=255794#post255794
furrrrrrrrrrrrrrrrrrr..................
