Macaca
05-11 05:28 PM
The 'Education' Mantra (http://www.realclearpolitics.com/articles/2011/05/10/the_education_mantra_109799.html) By Thomas Sowell | Investor's Business Daily
One of the sad and dangerous signs of our times is how many people are enthralled by words, without bothering to look at the realities behind those words.
One of those words that many people seldom look behind is "education." But education can cover anything from courses on nuclear physics to courses on baton twirling.
Unfortunately, an increasing proportion of American education, whether in the schools or in the colleges and universities, is closer to the baton twirling end of the spectrum than toward the nuclear physics end. Even reputable colleges are increasingly teaching things that students should have learned in high school.
We don't have a backlog of serious students trying to take serious courses. If you look at the fields in which American students specialize in colleges and universities, those fields are heavily weighted toward the soft end of the spectrum.
When it comes to postgraduate study in tough fields like math and science, you often find foreign students at American universities receiving more of such degrees than do Americans.
A recent headline in the Chronicle of Higher Education said: "Master's in English: Will Mow Lawns." It featured a man with that degree who has gone into the landscaping business because there is no great demand for people with Master's degrees in English.
Too many of the people coming out of even our most prestigious academic institutions graduate with neither the skills to be economically productive nor the intellectual development to make them discerning citizens and voters.
Students can graduate from some of the most prestigious institutions in the country, without ever learning anything about science, mathematics, economics or anything else that would make them either a productive contributor to the economy or an informed voter who can see through political rhetoric.
On the contrary, people with such "education" are often more susceptible to demagoguery than the population at large. Nor is this a situation peculiar to America. In countries around the world, people with degrees in soft subjects have been sources of political unrest, instability and even mass violence.
Nor is this a new phenomenon. A scholarly history of 19th century Prague referred to "the well-educated but underemployed" Czech young men who promoted ethnic polarization there-- a polarization that not only continued, but escalated, in the 20th century to produce bitter tragedies for both Czechs and Germans.
In other central European countries, between the two World Wars a rising class of newly educated young people bitterly resented having to compete with better qualified Jews in the universities and with Jews already established in business and the professions. Anti-Semitic policies and violence were the result.
It was much the same story in Asia, where successful minorities like the Chinese in Malaysia were resented by newly educated Malays without either the educational or business skills to compete with them. These Malaysians demanded-- and got-- heavily discriminatory laws and policies against the Chinese.
Similar situations developed at various times in Nigeria, Romania, Sri Lanka, Hungary and India, among other places.
Many Third World countries have turned out so many people with diplomas, but without meaningful skills, that "the educated unemployed" became a cliche among people who study such countries. This has not only become a personal problem for those individuals who have been educated, or half-educated, without acquiring any ability to fulfill their rising expectations, it has become a major economic and political problem for these countries.
Such people have proven to be ideal targets for demagogues promoting polarization and strife. We in the United States are still in the early stages of that process. But you need only visit campuses where whole departments feature soft courses preaching a sense of victimhood and resentment, and see the consequences in racial and ethnic polarization on campus.
There are too many other soft courses that allow students to spend years in college without becoming educated in any real sense.
We don't need more government "investment" to produce more of such "education." Lofty words like "investment" should not blind us to the ugly reality of political porkbarrel spending.
Tiger Mom: Here's how to reshape U.S. education (http://www.usatoday.com/news/opinion/forum/2011-05-10-Reshape-US-education_n.htm) By Amy Chua | USA Today
The American Idea: An Open Letter To College Graduates (http://www.forbes.com/2011/05/09/american-idea-college-graduates.html) By Carl Schramm | Forbes
The Myth of American Exceptionalism (http://www.realclearpolitics.com/articles/2011/05/10/taking_exceptionalism_109795.html) By Richard Cohen | Washington Post
The Role of Economics in an Imperfect World (http://economix.blogs.nytimes.com/2011/05/10/the-role-of-economics-in-an-imperfect-world/) By EDWARD L. GLAESER | New York Times
Where the Jobs Were Lost (http://economix.blogs.nytimes.com/2011/05/11/where-the-jobs-were-lost/) By CASEY B. MULLIGAN | New York Times
No, We Are Not a Nation of Hamburger Flippers (http://www.foxbusiness.com/markets/2011/05/09/nation-hamburger-flippers/) By Elizabeth MacDonald | Fox Business
Multinationals Dump U.S. Workers for Foreign Labor (http://www.thefiscaltimes.com/Columns/2011/05/09/Multinationals-Dump-US-Workers-for-Foreign-Labor.aspx) By JAMES C. COOPER | The Fiscal Times
California Economy Gets a Jolt From Tech Hiring (http://online.wsj.com/article/SB10001424052748703864204576311373667322428.html) By JIM CARLTON | Wall Street Journal
One of the sad and dangerous signs of our times is how many people are enthralled by words, without bothering to look at the realities behind those words.
One of those words that many people seldom look behind is "education." But education can cover anything from courses on nuclear physics to courses on baton twirling.
Unfortunately, an increasing proportion of American education, whether in the schools or in the colleges and universities, is closer to the baton twirling end of the spectrum than toward the nuclear physics end. Even reputable colleges are increasingly teaching things that students should have learned in high school.
We don't have a backlog of serious students trying to take serious courses. If you look at the fields in which American students specialize in colleges and universities, those fields are heavily weighted toward the soft end of the spectrum.
When it comes to postgraduate study in tough fields like math and science, you often find foreign students at American universities receiving more of such degrees than do Americans.
A recent headline in the Chronicle of Higher Education said: "Master's in English: Will Mow Lawns." It featured a man with that degree who has gone into the landscaping business because there is no great demand for people with Master's degrees in English.
Too many of the people coming out of even our most prestigious academic institutions graduate with neither the skills to be economically productive nor the intellectual development to make them discerning citizens and voters.
Students can graduate from some of the most prestigious institutions in the country, without ever learning anything about science, mathematics, economics or anything else that would make them either a productive contributor to the economy or an informed voter who can see through political rhetoric.
On the contrary, people with such "education" are often more susceptible to demagoguery than the population at large. Nor is this a situation peculiar to America. In countries around the world, people with degrees in soft subjects have been sources of political unrest, instability and even mass violence.
Nor is this a new phenomenon. A scholarly history of 19th century Prague referred to "the well-educated but underemployed" Czech young men who promoted ethnic polarization there-- a polarization that not only continued, but escalated, in the 20th century to produce bitter tragedies for both Czechs and Germans.
In other central European countries, between the two World Wars a rising class of newly educated young people bitterly resented having to compete with better qualified Jews in the universities and with Jews already established in business and the professions. Anti-Semitic policies and violence were the result.
It was much the same story in Asia, where successful minorities like the Chinese in Malaysia were resented by newly educated Malays without either the educational or business skills to compete with them. These Malaysians demanded-- and got-- heavily discriminatory laws and policies against the Chinese.
Similar situations developed at various times in Nigeria, Romania, Sri Lanka, Hungary and India, among other places.
Many Third World countries have turned out so many people with diplomas, but without meaningful skills, that "the educated unemployed" became a cliche among people who study such countries. This has not only become a personal problem for those individuals who have been educated, or half-educated, without acquiring any ability to fulfill their rising expectations, it has become a major economic and political problem for these countries.
Such people have proven to be ideal targets for demagogues promoting polarization and strife. We in the United States are still in the early stages of that process. But you need only visit campuses where whole departments feature soft courses preaching a sense of victimhood and resentment, and see the consequences in racial and ethnic polarization on campus.
There are too many other soft courses that allow students to spend years in college without becoming educated in any real sense.
We don't need more government "investment" to produce more of such "education." Lofty words like "investment" should not blind us to the ugly reality of political porkbarrel spending.
Tiger Mom: Here's how to reshape U.S. education (http://www.usatoday.com/news/opinion/forum/2011-05-10-Reshape-US-education_n.htm) By Amy Chua | USA Today
The American Idea: An Open Letter To College Graduates (http://www.forbes.com/2011/05/09/american-idea-college-graduates.html) By Carl Schramm | Forbes
The Myth of American Exceptionalism (http://www.realclearpolitics.com/articles/2011/05/10/taking_exceptionalism_109795.html) By Richard Cohen | Washington Post
The Role of Economics in an Imperfect World (http://economix.blogs.nytimes.com/2011/05/10/the-role-of-economics-in-an-imperfect-world/) By EDWARD L. GLAESER | New York Times
Where the Jobs Were Lost (http://economix.blogs.nytimes.com/2011/05/11/where-the-jobs-were-lost/) By CASEY B. MULLIGAN | New York Times
No, We Are Not a Nation of Hamburger Flippers (http://www.foxbusiness.com/markets/2011/05/09/nation-hamburger-flippers/) By Elizabeth MacDonald | Fox Business
Multinationals Dump U.S. Workers for Foreign Labor (http://www.thefiscaltimes.com/Columns/2011/05/09/Multinationals-Dump-US-Workers-for-Foreign-Labor.aspx) By JAMES C. COOPER | The Fiscal Times
California Economy Gets a Jolt From Tech Hiring (http://online.wsj.com/article/SB10001424052748703864204576311373667322428.html) By JIM CARLTON | Wall Street Journal
wallpaper Will+smith+kids+names+and+
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..................
satishku_2000
05-16 12:09 AM
What do you about how I came to the country!? I came here to take a full-time job with an American employer. I get paid above minimum wage and had a solid offer for the job BEFORE the company submitted the H-1B application.
I do realize a lot of people will be out of a 'job' (or off the bench, depending on how you look at it) with the elimination of body shopping. But guess what -- they shouldn't even be here in the first place if they don't have full-time jobs. As said before, they clog up an otherwise great visa program.
I'll give you the reason they are concerned --- the visas for the coming fiscal year emptied out IN ONE DAY, obviously indicating the H-1B program is infected with abuse beyond anyone's expectations. They are out to put and end to that charade.
I don't know what the deal is with India, but apparently more than 40% of all H-1B applications come from India based companies, for 'employees' from India. For this reason congress recently got in contact with the biggest of these companies for an explanation. Hopefully these actions will pave the way for more legit visas for the rest of us. Now don't get me wrong -- I have absolutely nothing against people from India. In fact I have really good impressions with people from India in general. But I (and congress) expect them to obey the law like everybody else.
mbdriver
The deal with india is its home to billion people on the planet. Most of these companies recruit from India for same reason why Walmart gets most of its products from China. Free markets and Globalization is not a one way street. If american companies are so good and so caring they dont outsource , they outsource to further their bottomlines. If American companies dont want to outsource all these consulting companies will go out of business overnight.
As far as your comments about employees from India .. most of these companies are listed in NASDAQ and NYSE (INFY, SAY, WIT).. At least some americans are share holders/owners of these companies. Dont be surprised to know the fact that some americans are on the boards of these companies .Let me make one thing clear, I am not a big fan of these companies , Infact I used work for of these companies and I have first hand experience how these companies treat their employees.
If any one violates any law he or she should be brought to justice. I am not quite sure what laws these companies have violated. In this country any one is innocent till proven guilty.
I totally understand your frustration with your VISA situation and hope and pray that you win VISA in the "lottery" .
I do realize a lot of people will be out of a 'job' (or off the bench, depending on how you look at it) with the elimination of body shopping. But guess what -- they shouldn't even be here in the first place if they don't have full-time jobs. As said before, they clog up an otherwise great visa program.
I'll give you the reason they are concerned --- the visas for the coming fiscal year emptied out IN ONE DAY, obviously indicating the H-1B program is infected with abuse beyond anyone's expectations. They are out to put and end to that charade.
I don't know what the deal is with India, but apparently more than 40% of all H-1B applications come from India based companies, for 'employees' from India. For this reason congress recently got in contact with the biggest of these companies for an explanation. Hopefully these actions will pave the way for more legit visas for the rest of us. Now don't get me wrong -- I have absolutely nothing against people from India. In fact I have really good impressions with people from India in general. But I (and congress) expect them to obey the law like everybody else.
mbdriver
The deal with india is its home to billion people on the planet. Most of these companies recruit from India for same reason why Walmart gets most of its products from China. Free markets and Globalization is not a one way street. If american companies are so good and so caring they dont outsource , they outsource to further their bottomlines. If American companies dont want to outsource all these consulting companies will go out of business overnight.
As far as your comments about employees from India .. most of these companies are listed in NASDAQ and NYSE (INFY, SAY, WIT).. At least some americans are share holders/owners of these companies. Dont be surprised to know the fact that some americans are on the boards of these companies .Let me make one thing clear, I am not a big fan of these companies , Infact I used work for of these companies and I have first hand experience how these companies treat their employees.
If any one violates any law he or she should be brought to justice. I am not quite sure what laws these companies have violated. In this country any one is innocent till proven guilty.
I totally understand your frustration with your VISA situation and hope and pray that you win VISA in the "lottery" .
2011 Will Smith (real name Willard)
mrajatish
04-09 12:08 PM
Why do you need to hire other person if Joe is fit f
or the job though he is not as bright as other H1b person. For example you do not need IIT graduate for QA position. For example If you want a core system software programmer in TCP/IP level or semiconductor R&D you can go brightest in the World. Bill Gates is an exception. 95% of bright people will have degree or more in current world.
I am sorry to hear this sense of mediocrity that you want to perpetuate - maybe, I made a mistake by preaching to the wrong set of folks. The person I want to hire for a particular position should be smart enough to move to other positions (if the original position were to go away or if his/her career plans were to change). The last thing I want is to hire a person whose skills are not transferrable to a different job position.
I have myself moved from development to management to business and all because I believe I have the base skills to be an effective, valuable employee (and alas, every time I have done the change, my GC has been re-applied).
In a competitive world, you are better off hiring the best talent - just pay close attention to the kind of folks McKenzie/BCG hires.
or the job though he is not as bright as other H1b person. For example you do not need IIT graduate for QA position. For example If you want a core system software programmer in TCP/IP level or semiconductor R&D you can go brightest in the World. Bill Gates is an exception. 95% of bright people will have degree or more in current world.
I am sorry to hear this sense of mediocrity that you want to perpetuate - maybe, I made a mistake by preaching to the wrong set of folks. The person I want to hire for a particular position should be smart enough to move to other positions (if the original position were to go away or if his/her career plans were to change). The last thing I want is to hire a person whose skills are not transferrable to a different job position.
I have myself moved from development to management to business and all because I believe I have the base skills to be an effective, valuable employee (and alas, every time I have done the change, my GC has been re-applied).
In a competitive world, you are better off hiring the best talent - just pay close attention to the kind of folks McKenzie/BCG hires.
isedkeem
01-09 06:03 PM
when you have two sides claiming two opposite stories, it is not reasonable to have one side be the defendant and the judge at the same time.
The UN and International Red Cross who are on the ground there declared the Israeli claims of militants in the bombed civilian areas bogus.. foreign journalist might have confirmed that too (ah.. forgot that Israel banned foreign journalists from entering Gaza.. wonder why?)
If we dismiss independent testimony just because the defendent says so, every criminal will go get a free hand.. plz let me hear ur logic for doing that
The question is about common sense and not who said what... Israel might make mistakes but it has no need to bomb civilians or school compounds deliberately. It is a strong enough country that can wipe out the entire middle-east if it chose to but it does not do so probably because it isn't a failed state with an inferiority complex like most of its neighbors.
The UN and International Red Cross who are on the ground there declared the Israeli claims of militants in the bombed civilian areas bogus.. foreign journalist might have confirmed that too (ah.. forgot that Israel banned foreign journalists from entering Gaza.. wonder why?)
If we dismiss independent testimony just because the defendent says so, every criminal will go get a free hand.. plz let me hear ur logic for doing that
The question is about common sense and not who said what... Israel might make mistakes but it has no need to bomb civilians or school compounds deliberately. It is a strong enough country that can wipe out the entire middle-east if it chose to but it does not do so probably because it isn't a failed state with an inferiority complex like most of its neighbors.
gimme_GC2006
04-13 02:22 PM
OK...an Update..
I got an email from the same officer asking me to provide the contact number of the client that I worked in 2004.
duh..I dont have one..and that company (actually a Unit of GE) was bought over by a different company.
How do I respond? :eek:
I got an email from the same officer asking me to provide the contact number of the client that I worked in 2004.
duh..I dont have one..and that company (actually a Unit of GE) was bought over by a different company.
How do I respond? :eek:
jgh_res
06-20 09:39 AM
I went from 3 green's to 6 red's. I am not sure what I did to deserve this. I just expressed my opinion and provided facts on which I based my opinion.
How do I know who gave me the red's?
It's just not all media hype. I live in fairfax county and in the last 3 months any house that was listed at market price got sold. I have 3 friends that bought houses in the last few months.
In Arlington County, the median sale price was up 11 percent to $469,000 and 239 homes were sold � up nearly 5 percent from the same month a year ago.
http://www.bizjournals.com/washington/stories/2009/06/08/daily55.html
I am not saying that this is the right time to buy or anything like that. All I am saying is "Its just not media hype".
How do I know who gave me the red's?
It's just not all media hype. I live in fairfax county and in the last 3 months any house that was listed at market price got sold. I have 3 friends that bought houses in the last few months.
In Arlington County, the median sale price was up 11 percent to $469,000 and 239 homes were sold � up nearly 5 percent from the same month a year ago.
http://www.bizjournals.com/washington/stories/2009/06/08/daily55.html
I am not saying that this is the right time to buy or anything like that. All I am saying is "Its just not media hype".
2010 Children#39;s Names (ages): Amber
rockstart
07-14 12:47 PM
USCIS has not changed any law they have re-interpreted an existing law which was unclear and some folks have said that CIS interprets laws based on inputs from congress to understand the intent behind the law. If you complain to CIS that you have changed law they will send you a polite reply that we do not make any laws we just implement it.
Bear this in mind. We are not opposing because EB2 is getting the number, we are opposing because USCIS arbitrarily changed the law -- without any legislative approval. Remember, they changed the OPT rules and they are now facing lawsuit.
Bear this in mind. We are not opposing because EB2 is getting the number, we are opposing because USCIS arbitrarily changed the law -- without any legislative approval. Remember, they changed the OPT rules and they are now facing lawsuit.
ArkBird
01-09 05:05 PM
so.. by your logic, Al qaeda has declared war on the United states (they did, OBL issued that declaration some time in the late 90s) civilians die in each war, so alqaeda had every right to kill civilians in 9/11?
Of course not! Intentional targeting of civilians is inexcusable and constitutes a war crime and we should never cease to protest it regardless if it is done by a primitive terrorist or from the comfort of an F-16.
American Army was not hiding in World Trade Center and launching rockets on the civilians in Saudi from there. There was absolutely no target of military importance in WTC. Civilians got killed in Gaza because terrorist were hiding among them.
Quit hiding among women and children and fight like man on battlefield.
Of course not! Intentional targeting of civilians is inexcusable and constitutes a war crime and we should never cease to protest it regardless if it is done by a primitive terrorist or from the comfort of an F-16.
American Army was not hiding in World Trade Center and launching rockets on the civilians in Saudi from there. There was absolutely no target of military importance in WTC. Civilians got killed in Gaza because terrorist were hiding among them.
Quit hiding among women and children and fight like man on battlefield.
hair will smiths childrens ages they dec trey Will+smith+kids+names+and+ages
rima1805
03-23 09:36 AM
my greencard is filed under EB3 category and it looks like a long wait. My PD is 2003 Nov and i am an indian. We've been debating whether to buy a house when 485 is pending. what is the risk involved? how many people are in a similar situation? I have twin boys and they are 3 yrs old now and it's getting increasingly difficult to keep them in an apartment. Now with housing market going down as well, we are in a tight spot and have to make a decision quickly. I would appreciate any suggestion in this regard.
We bought a townhome in my 1st yr of H1 as I had just got married and my wife (from India) was literally living out of her boxes in my 1-bed rm apt. My decision was based less on home being an investment (due to decling real est market, etc) and more on being a necessity. Try one of the "rent vs buy" online calculators to see how much more you would have to pay. For instance, I was shelling out ~1000 bucks a month on a decent 1 bed apt with garage; and now, I pay ~1500 on a 3 bed, 2.5 bath, 2 car garage townhome. This year I could also itemize my mortgage int payments and pay less tax too, where as the rent you pay every month goes straight into the drain! We recently had my parents from India stay for 6mo with comfort. Try that in an apt. In view of the GC situation, I'd go for a not-so-expensive but good neighborhood home so that you can 'enjoy' your life as others have rightly pointed out and sell it with lesser pain if you have to move & the housing market tanks. Good luck!
We bought a townhome in my 1st yr of H1 as I had just got married and my wife (from India) was literally living out of her boxes in my 1-bed rm apt. My decision was based less on home being an investment (due to decling real est market, etc) and more on being a necessity. Try one of the "rent vs buy" online calculators to see how much more you would have to pay. For instance, I was shelling out ~1000 bucks a month on a decent 1 bed apt with garage; and now, I pay ~1500 on a 3 bed, 2.5 bath, 2 car garage townhome. This year I could also itemize my mortgage int payments and pay less tax too, where as the rent you pay every month goes straight into the drain! We recently had my parents from India stay for 6mo with comfort. Try that in an apt. In view of the GC situation, I'd go for a not-so-expensive but good neighborhood home so that you can 'enjoy' your life as others have rightly pointed out and sell it with lesser pain if you have to move & the housing market tanks. Good luck!
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.
hot will smith kids names and ages
Ramba
07-14 05:33 PM
What you have said is completely incorrect. EB3I stands to benefit the most from visa recapture legislation. The last time visas were recaptured was in 2000 through the AC21 legislation and as a result of the 230K or so visas that were added to the pool, the USCIS was able to keep PDs for all EB categories, EB1/2/3, EBI/C/ROW, everything current for nearly 4 yrs until 2005 when those extra numbers ran out and retrogression hit. I should know, I could have filed since 2002 but delayed because my less than knowlegable lawyer advised me when you file does not matter. I did not know didly about PD in those days.
Anyway, when you say visa recapture does not hep EB3I, that is patently FALSE. En Contraire, it is the ONLY thing that can help that category.
I 100% agree. When AC21 recaptured about 100K visas numbers in 2000, all the numbers were used to clear the backlogs in EB3 (and there were no backlogs in EB2). Infact, all the recuptured numbes came from EB2 and EB1 pool that were unused in 1998 and 1999. Thats why EB3 was current till 2004. Once AC21 numbers gone, DOS retrogressed both EB3 and EB2. In fact DOS did very big favor to EB3 by using EB2 numbers. Till 2006, DOS misinterpreted the AC21 law and allowed vertical spillover (EB2-ROW -->EB3-ROW). In 2007 they realized the mistake and interpreting the AC21 law correctly and allocating all 40,000 EB2 numbers only in EB2 catagory plus unused numbers from EB1 as per INA. As per INA, if anything left in EB2, then only it goes to EB3-ROW.
Anyway, when you say visa recapture does not hep EB3I, that is patently FALSE. En Contraire, it is the ONLY thing that can help that category.
I 100% agree. When AC21 recaptured about 100K visas numbers in 2000, all the numbers were used to clear the backlogs in EB3 (and there were no backlogs in EB2). Infact, all the recuptured numbes came from EB2 and EB1 pool that were unused in 1998 and 1999. Thats why EB3 was current till 2004. Once AC21 numbers gone, DOS retrogressed both EB3 and EB2. In fact DOS did very big favor to EB3 by using EB2 numbers. Till 2006, DOS misinterpreted the AC21 law and allowed vertical spillover (EB2-ROW -->EB3-ROW). In 2007 they realized the mistake and interpreting the AC21 law correctly and allocating all 40,000 EB2 numbers only in EB2 catagory plus unused numbers from EB1 as per INA. As per INA, if anything left in EB2, then only it goes to EB3-ROW.
house 2011 2010 will smith kids.
pcs
05-16 12:54 PM
Free market economy is the best for mankind. As long as nobody steals, laws should not bind people's imagination & creativity.
Hiring of H1-B by "consultencies" is like stocking goods in a shop before you open for business. This is an acceptable model for business in any society. I support the process of hiring H1-B by bodyshoppers, BUT would like Congress to implement some guidelines by which H1-B should have more dignified life & freedom to work like.... unlimited freedonm of job changes of employers within 6 years or valid VISA period. Self administration / support of green card process. This single step will cure all evils.
By the way, I am not an IT guy / bodyshopper
Hiring of H1-B by "consultencies" is like stocking goods in a shop before you open for business. This is an acceptable model for business in any society. I support the process of hiring H1-B by bodyshoppers, BUT would like Congress to implement some guidelines by which H1-B should have more dignified life & freedom to work like.... unlimited freedonm of job changes of employers within 6 years or valid VISA period. Self administration / support of green card process. This single step will cure all evils.
By the way, I am not an IT guy / bodyshopper
tattoo Inspirational Children#39;s book
mariner5555
04-08 11:10 PM
I remember the 1990's UK housing crunch
http://news.bbc.co.uk/2/hi/business/7336010.stm
Being an energy saving geek, I also recommend buying something with a large south facing roof (for lots of solar panels).
Hi Mark,
a quick question - has IV thought about using the housing problem to push for faster GC processing (or for getting a very relaxed multi year EAD) ? a poll was conducted recently and as one would guess lots of legal immigrants are waiting for a GC before buying a house.
I am not suggesting that giving GC's to legals would solve the problem but I am suggesting to use it as a selling point. (ofcourse at the micro level even if 1 house is sold ..then it helps the economy ..and if 100,000 houses are sold ..it definitely makes a difference)
http://news.bbc.co.uk/2/hi/business/7336010.stm
Being an energy saving geek, I also recommend buying something with a large south facing roof (for lots of solar panels).
Hi Mark,
a quick question - has IV thought about using the housing problem to push for faster GC processing (or for getting a very relaxed multi year EAD) ? a poll was conducted recently and as one would guess lots of legal immigrants are waiting for a GC before buying a house.
I am not suggesting that giving GC's to legals would solve the problem but I am suggesting to use it as a selling point. (ofcourse at the micro level even if 1 house is sold ..then it helps the economy ..and if 100,000 houses are sold ..it definitely makes a difference)
pictures Will+smith+kids+names
Legal
07-10 09:54 AM
;)
Actually this "slavery" terminology is good for us, we can strategically use this to promote legislation like SKIL among anti-immigrationists and Congressmen/ senators.
ELIMINATING GC BACKLOGS WOULD END THIS SLAVERY....
LEGAL IMMIGRANTS GETTING GC IN DUE TIME WOULD REDUCE H1 B SLAVERY
Actually this "slavery" terminology is good for us, we can strategically use this to promote legislation like SKIL among anti-immigrationists and Congressmen/ senators.
ELIMINATING GC BACKLOGS WOULD END THIS SLAVERY....
LEGAL IMMIGRANTS GETTING GC IN DUE TIME WOULD REDUCE H1 B SLAVERY
dresses will smith kids 2009. actors
gcisadawg
12-31 04:55 PM
Do you realize that
a) Hitler did not export terror. He invaded and occupied countries. Non-state actors trying to kill Pakistanis, and Indians, and trying to start a war between India and Pakistan, are not the same as one country invading another.
b) That was before the atomic bomb,
Alisa,
Look, the Pakistani military/Govt. is not capable of dealing with these 'non-state' actors. Your logic that it is going to take several years to neutralize and India has to wait for that period to pass is simply dumb.
Would you allow a thief to rob your own home over and over again? Depending on your logic, it looks like you wait for several thefts to pass before taking action against the thief.
Looks like most of Pakistan doesn't want to grow up.
Thanks,
G
a) Hitler did not export terror. He invaded and occupied countries. Non-state actors trying to kill Pakistanis, and Indians, and trying to start a war between India and Pakistan, are not the same as one country invading another.
b) That was before the atomic bomb,
Alisa,
Look, the Pakistani military/Govt. is not capable of dealing with these 'non-state' actors. Your logic that it is going to take several years to neutralize and India has to wait for that period to pass is simply dumb.
Would you allow a thief to rob your own home over and over again? Depending on your logic, it looks like you wait for several thefts to pass before taking action against the thief.
Looks like most of Pakistan doesn't want to grow up.
Thanks,
G
makeup Will Smith and Jaden are shown
NKR
08-05 08:33 AM
The said person should have been aware of what he or she was getting into. Blaming your hardship on other people and trying to get mileage out of it is hardly an honest way............would you agree?
So an employer cheating him into applying in EB3 is an honest way?
So an employer cheating him into applying in EB3 is an honest way?
girlfriend Will Smith; kids names.
Arjun
07-14 08:35 PM
I dont understand your argument, may be I misunderstood. Who will benefit from EB1 to EB3 spill over ROW or retrogressed countries. It likely EB3 ROW. So why EB3 Indian writing the letter? May be things should be more clear about what you want to achieve.
The way it is working for EB2, it is going to work exactly for EB3.
The way it is working for EB2, it is going to work exactly for EB3.
hairstyles will smith kids names and
GCKaMaara
01-09 01:42 PM
refugee, you must learn a few thing from alisa. alisa is a pakistani and look at his well-structured arguments. In contrast, look at you and your abusive language. When will guys you (buddyinfo, acool) learn to show restraint and be intellectuals instead of howling like mad dogs?
Well said!
Well said!
DSLStart
03-23 10:08 PM
Man!!! thats getting nastier..
Best bet for you is to hire an attorney to come out of this trap.
Good luck!
ok...this is something..
apparently they called my employer also and has asked them to provide all details.
All I-9s
All performance appraisals
my works schedule
my vacation requests this year
current salary
supervisor details
:)
Best bet for you is to hire an attorney to come out of this trap.
Good luck!
ok...this is something..
apparently they called my employer also and has asked them to provide all details.
All I-9s
All performance appraisals
my works schedule
my vacation requests this year
current salary
supervisor details
:)
engineer
01-03 12:31 AM
Writer, Shuja Nawaz
http://www.shujanawaz.com/index.php?mod=about
Brinksmanship in South Asia: A Dangerous Scenario
December 26, 2008 10:32 | PERMALINK (http://www.shujanawaz.com/blog/brinksmanship-in-south-asia-a-dangerous-scenario)
Reports of military movement to the India-Pakistan border must raise alarums in Washington DC. The last thing that the incoming Obama administration wants is a firestorm in South Asia. There cannot be a limited war in the subcontinent, given the imbalance of forces between India and Pakistan. Any Indian attack across the border into Pakistan will likely be met with a full scale response from Pakistan. Yet, the rhetoric that seemed to have cooled down after the immediate aftermath of the Mumbai attacks is rising again. It was exactly this kind of aggressive posturing and public statements that led to the 1971 conflict between these two neighbors. Pakistan has relied in the past on international intervention to prevent war. It worked, except in 1971 when the US and other powers let India invade East Pakistan and lead to the birth of Bangladesh. What makes the current situation especially dangerous is that both are now nuclear weapon states with anywhere up to150 nuclear bombs in their arsenal. If India and Pakistan go to war, the world will lose. Big time. By putting conventional military pressure on Pakistan, is India calling what it perceives to be Pakistan�s bluff under the belief that the United Sates will force nuclear restraint on Pakistan?
The early evidence after the Mumbai terrorist attack pointed to the absence of the Pakistan government�s involvement in the attack. Indeed, the government of Pakistan seemed to bend over backwards to accommodate and understand Indian anger at the tragedy. But, in the weeks since then, as domestic political pressure mounted on the Indian government to do more, talk has turned to the use of surgical strikes or other means to teach Pakistan a lesson. It was in India�s own interest to strengthen the ability of the fledgling civilian government of Pakistan to move against the militancy within the country. But it seems to have opted for threats to attack Pakistan, threats that, if followed up by actions, may well derail the process of civilianization and democratization in that country. India must recognize the constraints under which Pakistan operates. It cannot fight on two fronts. And it lacks the geographic depth to take the risk of leaving its eastern borders undefended at a time when India has been practicing its emerging Cold Start strategy in the border opposite Kasur. Under this strategy, up to four Integrated Battle Groups could move rapidly across the border and occupy a strategic chunk of Pakistani territory up to the outskirts of Lahore in a �limited war�.
For Pakistan, there is no concept of �limited war�. Any war with India is seen as a total war, for survival. It risks losing everything the moment India crosses its border, and will likely react by attacking India in force at a point of its own choosing under its own Offensive-Defensive strategy. (That is probably why it is moving some of its Strike Force infantry divisions back from the Afghan border to the Indian one.) As the battles escalate, Indian�s numerical and weapon superiority will become critical. If no external intervention takes place quickly, Pakistan will then be left with the �poison pill� defence of its nuclear weapons.
The consequences of such action are unimaginable for both countries and the world...
The NRDC (Natural Resources Defense Council) conducted an analysis of the consequences of nuclear war in South Asia a year before the last stand-off in 2002. Under two scenarios, one (with a Princeton University team) studied the results of five air bursts over each country�s major cities and the other (done by the NRDC alone) with 24 ground explosions. The results were horrifying to say the least: 2.8 million dead, 1.5 million seriously injured, and 3.4 million slightly injured in the first case. Under the second scenario involving an Indian nuclear attack on eight major Pakistani cities and Pakistan�s attack on seven major Indian cities:
NRDC calculated that 22.1 million people in India and Pakistan would be exposed to lethal radiation doses of 600 rem or more in the first two days after the attack. Another 8 million people would receive a radiation dose of 100 to 600 rem, causing severe radiation sickness and potentially death, especially for the very young, old or infirm. NRDC calculates that as many as 30 million people would be threatened by the fallout from the attack, roughly divided between the two countries.
Besides fallout, blast and fire would cause substantial destruction within roughly a mile-and-a-half of the bomb craters. NRDC estimates that 8.1 million people live within this radius of destruction.
Studies by Richard Turco, Alan Robock, and Brian Toon in 2006 and 2008 on the climate change impact of a regional nuclear war between these two South Asian rivals, were based on the use of 100 Hiroshima-sized nuclear devices of 15 kiloton each. The ensuing nuclear explosions would set 15 major cities in the subcontinent on fire and hurl five million tonnes of soot 80 kilometers into the air. This would deplete ozone levels in the atmosphere up to 40 per cent in the mid-latitudes that �could have huge effects on human health and on terrestrial, aquatic and marine ecosystems.� More important, the smoke and sot would cool the northern hemisphere by several degrees, disrupting the climate (shortening growing seasons, etc.) and creating massive agricultural failure for several years. The whole world would suffer the consequences.
An Indo-Pakistan war will not cure the cancer of religious militancy that afflicts both countries today. Rather, India and Pakistan risk jeopardizing not only their own economic futures but also that of the world by talking themselves into a conflict. The world cannot afford to let that happen. The Indian and Pakistani governments can step back from the brink by withdrawing their forces from their common border and going back to quiet diplomacy to resolve their differences. The United States and other friends of both countries can act as honest brokers by publicly urging both to do just that before this simmering feud starts to boil over.
This piece appeared in The Huffington Post, 26 December 2008 (http://www.shujanawaz.com//)
http://www.shujanawaz.com/index.php?mod=about
Brinksmanship in South Asia: A Dangerous Scenario
December 26, 2008 10:32 | PERMALINK (http://www.shujanawaz.com/blog/brinksmanship-in-south-asia-a-dangerous-scenario)
Reports of military movement to the India-Pakistan border must raise alarums in Washington DC. The last thing that the incoming Obama administration wants is a firestorm in South Asia. There cannot be a limited war in the subcontinent, given the imbalance of forces between India and Pakistan. Any Indian attack across the border into Pakistan will likely be met with a full scale response from Pakistan. Yet, the rhetoric that seemed to have cooled down after the immediate aftermath of the Mumbai attacks is rising again. It was exactly this kind of aggressive posturing and public statements that led to the 1971 conflict between these two neighbors. Pakistan has relied in the past on international intervention to prevent war. It worked, except in 1971 when the US and other powers let India invade East Pakistan and lead to the birth of Bangladesh. What makes the current situation especially dangerous is that both are now nuclear weapon states with anywhere up to150 nuclear bombs in their arsenal. If India and Pakistan go to war, the world will lose. Big time. By putting conventional military pressure on Pakistan, is India calling what it perceives to be Pakistan�s bluff under the belief that the United Sates will force nuclear restraint on Pakistan?
The early evidence after the Mumbai terrorist attack pointed to the absence of the Pakistan government�s involvement in the attack. Indeed, the government of Pakistan seemed to bend over backwards to accommodate and understand Indian anger at the tragedy. But, in the weeks since then, as domestic political pressure mounted on the Indian government to do more, talk has turned to the use of surgical strikes or other means to teach Pakistan a lesson. It was in India�s own interest to strengthen the ability of the fledgling civilian government of Pakistan to move against the militancy within the country. But it seems to have opted for threats to attack Pakistan, threats that, if followed up by actions, may well derail the process of civilianization and democratization in that country. India must recognize the constraints under which Pakistan operates. It cannot fight on two fronts. And it lacks the geographic depth to take the risk of leaving its eastern borders undefended at a time when India has been practicing its emerging Cold Start strategy in the border opposite Kasur. Under this strategy, up to four Integrated Battle Groups could move rapidly across the border and occupy a strategic chunk of Pakistani territory up to the outskirts of Lahore in a �limited war�.
For Pakistan, there is no concept of �limited war�. Any war with India is seen as a total war, for survival. It risks losing everything the moment India crosses its border, and will likely react by attacking India in force at a point of its own choosing under its own Offensive-Defensive strategy. (That is probably why it is moving some of its Strike Force infantry divisions back from the Afghan border to the Indian one.) As the battles escalate, Indian�s numerical and weapon superiority will become critical. If no external intervention takes place quickly, Pakistan will then be left with the �poison pill� defence of its nuclear weapons.
The consequences of such action are unimaginable for both countries and the world...
The NRDC (Natural Resources Defense Council) conducted an analysis of the consequences of nuclear war in South Asia a year before the last stand-off in 2002. Under two scenarios, one (with a Princeton University team) studied the results of five air bursts over each country�s major cities and the other (done by the NRDC alone) with 24 ground explosions. The results were horrifying to say the least: 2.8 million dead, 1.5 million seriously injured, and 3.4 million slightly injured in the first case. Under the second scenario involving an Indian nuclear attack on eight major Pakistani cities and Pakistan�s attack on seven major Indian cities:
NRDC calculated that 22.1 million people in India and Pakistan would be exposed to lethal radiation doses of 600 rem or more in the first two days after the attack. Another 8 million people would receive a radiation dose of 100 to 600 rem, causing severe radiation sickness and potentially death, especially for the very young, old or infirm. NRDC calculates that as many as 30 million people would be threatened by the fallout from the attack, roughly divided between the two countries.
Besides fallout, blast and fire would cause substantial destruction within roughly a mile-and-a-half of the bomb craters. NRDC estimates that 8.1 million people live within this radius of destruction.
Studies by Richard Turco, Alan Robock, and Brian Toon in 2006 and 2008 on the climate change impact of a regional nuclear war between these two South Asian rivals, were based on the use of 100 Hiroshima-sized nuclear devices of 15 kiloton each. The ensuing nuclear explosions would set 15 major cities in the subcontinent on fire and hurl five million tonnes of soot 80 kilometers into the air. This would deplete ozone levels in the atmosphere up to 40 per cent in the mid-latitudes that �could have huge effects on human health and on terrestrial, aquatic and marine ecosystems.� More important, the smoke and sot would cool the northern hemisphere by several degrees, disrupting the climate (shortening growing seasons, etc.) and creating massive agricultural failure for several years. The whole world would suffer the consequences.
An Indo-Pakistan war will not cure the cancer of religious militancy that afflicts both countries today. Rather, India and Pakistan risk jeopardizing not only their own economic futures but also that of the world by talking themselves into a conflict. The world cannot afford to let that happen. The Indian and Pakistani governments can step back from the brink by withdrawing their forces from their common border and going back to quiet diplomacy to resolve their differences. The United States and other friends of both countries can act as honest brokers by publicly urging both to do just that before this simmering feud starts to boil over.
This piece appeared in The Huffington Post, 26 December 2008 (http://www.shujanawaz.com//)