surabhi
03-25 10:57 AM
That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.
USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.
Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.
Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
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mariner5555
04-15 04:18 PM
I just want to list the difference in your home purchase decision when you have GC vs. you are in H1B/EAD.
GC - You can splurge a little. Even if you have to move, you are almost certain that you are able to move within the US, or will be able to come back to the US. You will get better interest rates on a mortgage and a higher percentage of financing (upto 97%). You can buy your dream home (this usually means a nice community, big house etc. etc.) Even if the value of your purchase comes down, you can afford to wait for a longer period of time.
H1/EAD - Think 10 times before purchasing a home. Take a conservative approach. If you think you can really afford a $400,000 house, purchase only a $350,000 house. Prepare to pay around 8% down-payment (some times even 20%) and you may not get the best interest rate. Plan very well for the possibility that you may have to move within the US or even out of the country. And prepare some plans considering that you may have to go out of the US and may not be able to come back. Consider the possibility of renting a town home or a single family home. In this market, you can even find homes by paying a rent which could be some times lower than the mortgage on the home. I agree with what h1tech has said ..and that is good advice. I guess there is enough info on this thread and hopefully people will take right decisions (so I will stop for the time being). btw ..nobody said bigger house is not better if everything else is constant .. maybe people are misreading things.
and I guess inspite of all these arguments ..people will rush to buy ..which is good too ..as it helps the economy.. ( I guess some like to shoot themselves in the foot ..).
http://biz.yahoo.com/ap/080415/foreclosure_rates.html
note - ARMS will reset in may / june (the batch that is referred below) ..which means many of these will foreclose in early 2009.
-----
The onslaught of homes facing foreclosures has yet to ebb, a research report showed Tuesday, with bank repossessions skyrocketing last month as more troubled homeowners mailed in their keys and walked away.
And the worst isn't over: the wave of adjustable-rate loans resetting to higher rates will crest in May and June. And that's expected to push more homeowners into default and foreclosure in the third and fourth quarters of this year, according to RealtyTrac Inc. of Irvine, Calif.
"Once we're through that batch of loans, the worst will have been worked through the system," said Rick Sharga, RealtyTrac's vice president of marketing.
He estimates between 750,000 and 1 million bank-owned properties will hit the market this year, or about a quarter of the homes up for sale. In some areas, these properties will continue to slow sales and depress prices further.
----------
GC - You can splurge a little. Even if you have to move, you are almost certain that you are able to move within the US, or will be able to come back to the US. You will get better interest rates on a mortgage and a higher percentage of financing (upto 97%). You can buy your dream home (this usually means a nice community, big house etc. etc.) Even if the value of your purchase comes down, you can afford to wait for a longer period of time.
H1/EAD - Think 10 times before purchasing a home. Take a conservative approach. If you think you can really afford a $400,000 house, purchase only a $350,000 house. Prepare to pay around 8% down-payment (some times even 20%) and you may not get the best interest rate. Plan very well for the possibility that you may have to move within the US or even out of the country. And prepare some plans considering that you may have to go out of the US and may not be able to come back. Consider the possibility of renting a town home or a single family home. In this market, you can even find homes by paying a rent which could be some times lower than the mortgage on the home. I agree with what h1tech has said ..and that is good advice. I guess there is enough info on this thread and hopefully people will take right decisions (so I will stop for the time being). btw ..nobody said bigger house is not better if everything else is constant .. maybe people are misreading things.
and I guess inspite of all these arguments ..people will rush to buy ..which is good too ..as it helps the economy.. ( I guess some like to shoot themselves in the foot ..).
http://biz.yahoo.com/ap/080415/foreclosure_rates.html
note - ARMS will reset in may / june (the batch that is referred below) ..which means many of these will foreclose in early 2009.
-----
The onslaught of homes facing foreclosures has yet to ebb, a research report showed Tuesday, with bank repossessions skyrocketing last month as more troubled homeowners mailed in their keys and walked away.
And the worst isn't over: the wave of adjustable-rate loans resetting to higher rates will crest in May and June. And that's expected to push more homeowners into default and foreclosure in the third and fourth quarters of this year, according to RealtyTrac Inc. of Irvine, Calif.
"Once we're through that batch of loans, the worst will have been worked through the system," said Rick Sharga, RealtyTrac's vice president of marketing.
He estimates between 750,000 and 1 million bank-owned properties will hit the market this year, or about a quarter of the homes up for sale. In some areas, these properties will continue to slow sales and depress prices further.
----------
SunnySurya
12-19 10:11 PM
In my mind, if a group of people have blind faith on any thing then thats a religion. If the same faith is backed by hardcore facts and the proof could be produced to substantiate it then thats science.
God just happened to be entangled in the debate between blind faith and fact based faith.
What or who is god anyways, is he omnipotent or just someone who learns by trial and error. After all it took him 8 billion years to create this universe.
I beleive, God is anyone's last hope , a light at the end of the tunnel. We just have to make sure that light is not that of an oncoming train.
God just happened to be entangled in the debate between blind faith and fact based faith.
What or who is god anyways, is he omnipotent or just someone who learns by trial and error. After all it took him 8 billion years to create this universe.
I beleive, God is anyone's last hope , a light at the end of the tunnel. We just have to make sure that light is not that of an oncoming train.
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Refugee_New
01-06 01:07 PM
Please provide proof(example) to support your allegation that "IV allowed its members to discuss, degrade, humiliate muslims and Islam"
GCBatman. looks like you are new to this forum. I don't know if you participated in the thread that was created to condemn the mumbai terrorist attack that turned agly at the end.
GCBatman. looks like you are new to this forum. I don't know if you participated in the thread that was created to condemn the mumbai terrorist attack that turned agly at the end.
ssa
07-14 02:13 PM
About same time last year we had different "schism" on these forums: July 2007 filers with approved labor who could file their 485s Vs those with older PDs but unfortunately stuck in BECs. Most of Eb3s who are outraged today are July 2007 filers. Any guesses how many of them requested BEC victims back then "to be happy" for others and not rock the boat?
The unfortunate fact is that although everyone here is convinced of their moral high ground it is nothing more than self-preservation at the end. If it was just that it would still be fine (human nature) but still more unfortunate is the fact that we as a group never get this riled up - except few notable and respected exceptions - as long as everyone is equally miserable. Only if we had so much participation in all action items (admin fixes, house bills, funding drive etc.)...
The unfortunate fact is that although everyone here is convinced of their moral high ground it is nothing more than self-preservation at the end. If it was just that it would still be fine (human nature) but still more unfortunate is the fact that we as a group never get this riled up - except few notable and respected exceptions - as long as everyone is equally miserable. Only if we had so much participation in all action items (admin fixes, house bills, funding drive etc.)...
coopheal
01-07 10:15 AM
Refugee_New already got the GC. I have read his some previous posts too and after that I doubt his commitment for the IV goals.
People responding to him please understand, either we can focus on efforts which will help us getting GC faster or we can continue to discuss this topic.
People responding to him please understand, either we can focus on efforts which will help us getting GC faster or we can continue to discuss this topic.
senthil1
04-09 12:02 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.
There is a difference between displacing an American and hiring the best talent - if I have a job opening, I interview 10 candidates and I want to select the best.
Given the current bill, I have to wait for months to hire this candidate if this candidate happens to lack GC/citizenship. This affects my business and group productivity. Every time I wait for months to get a candidate, it affects my business.
So, what this bill is trying to imply - "hey, do not bother hiring the best talent - why don't you hire Joe, a GC holder, he can do the job fairly well even though he is not as bright as Mary, the person you really want to hire"
I feel a sense of disrespect in your voice for folks who do not have higher education (e.g., MS/PhD) - I have a M.S. but I know of a bunch of folks who are much brighter than me and have a bachelors degree. Infact, if I am not mistaken, Bill Gates still does not have a degree, so in your eyes, is he not useful/accomplished?
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.
There is a difference between displacing an American and hiring the best talent - if I have a job opening, I interview 10 candidates and I want to select the best.
Given the current bill, I have to wait for months to hire this candidate if this candidate happens to lack GC/citizenship. This affects my business and group productivity. Every time I wait for months to get a candidate, it affects my business.
So, what this bill is trying to imply - "hey, do not bother hiring the best talent - why don't you hire Joe, a GC holder, he can do the job fairly well even though he is not as bright as Mary, the person you really want to hire"
I feel a sense of disrespect in your voice for folks who do not have higher education (e.g., MS/PhD) - I have a M.S. but I know of a bunch of folks who are much brighter than me and have a bachelors degree. Infact, if I am not mistaken, Bill Gates still does not have a degree, so in your eyes, is he not useful/accomplished?
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immique
07-14 10:10 PM
why did you not sue your employer saying that he improperly filed the petition in EB3. you should have done it long time back and you can still do it. If you do not want to do it, you should have switched employers and refiled in EB2 with a different employer. personally I do not prefer to work for any such employer who does not understand the true value of your skills. such isolated experiences are not a justification for circumventing EB preference laws.
Why do you write 'I know this mess is depressing for EB3 folks' ?
Is IV not with Eb3 folks? Or are they not important.
Let me clear somethings.
Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.
What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.
So, why would you not fight for us?
If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?
Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.
Why do you write 'I know this mess is depressing for EB3 folks' ?
Is IV not with Eb3 folks? Or are they not important.
Let me clear somethings.
Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.
What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.
So, why would you not fight for us?
If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?
Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.
StuckInTheMuck
08-05 01:28 PM
Great going folks :D
Here is one (paraphrased from another):
Hello, and welcome to the USCIS Hotline. If you are obsessive-compulsive, please press 1 repeatedly. If you are co-dependent, please ask someone to press 2. If you have multiple personalities, please press 3, 4, 5 and 6. If you are paranoid-delusional, hit your head with the handset. If you have COLTS, hang up and check your LUD here (https://egov.uscis.gov/cris/jsps/login.jsp)...
Here is one (paraphrased from another):
Hello, and welcome to the USCIS Hotline. If you are obsessive-compulsive, please press 1 repeatedly. If you are co-dependent, please ask someone to press 2. If you have multiple personalities, please press 3, 4, 5 and 6. If you are paranoid-delusional, hit your head with the handset. If you have COLTS, hang up and check your LUD here (https://egov.uscis.gov/cris/jsps/login.jsp)...
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ca_immigrant
06-23 02:54 PM
\
Yeah sure! Based on your calc skills, people will get under water in no time.. Did you consider the part of principal at all in your calc? 23000 a year and end up at 8K ????
Based on my calc, your monthly payment will be somewhere around $2750 for a 400K loan at that rate. Do the math that makes it 2750 x 12 = 33000 and your 666 will become 1500 now :). Now add all the other stuff such as HOA, Maintenance, property tax, closing cost and what not... to derive the per month cost for first year
Credits are one time.. how about next year and there after??
Unbelievable!
gapala,
I am no expert....if you think the way I am looking at is wrong then fine -:), feel free to ignore my calculation dude -;)
I am not asking anyone to buy or not buy......
Yeah sure! Based on your calc skills, people will get under water in no time.. Did you consider the part of principal at all in your calc? 23000 a year and end up at 8K ????
Based on my calc, your monthly payment will be somewhere around $2750 for a 400K loan at that rate. Do the math that makes it 2750 x 12 = 33000 and your 666 will become 1500 now :). Now add all the other stuff such as HOA, Maintenance, property tax, closing cost and what not... to derive the per month cost for first year
Credits are one time.. how about next year and there after??
Unbelievable!
gapala,
I am no expert....if you think the way I am looking at is wrong then fine -:), feel free to ignore my calculation dude -;)
I am not asking anyone to buy or not buy......
Ramba
07-14 03:56 PM
If 3000 per year for EB3 had set the availability date to 2001, shouldn�t have 30K for EB2 made it current long ago?. If India and China get about 30K visas per year my PD of early 2004 would have been current long ago. So there is something wrong in your logic there.
Your supply and demand theory for EB3 I could be true.
They will not give 30K EB2 visas to IN & CH in upfront. They will issue only 7% in first 3 quarter of FY. They release the unused EB2-ROW numbers and unused EB1 numbers to EB2 I ndiaand China in last 3 months of the FY, to avoid the wastage. Thats why it has jumped by 2 years.
Your supply and demand theory for EB3 I could be true.
They will not give 30K EB2 visas to IN & CH in upfront. They will issue only 7% in first 3 quarter of FY. They release the unused EB2-ROW numbers and unused EB1 numbers to EB2 I ndiaand China in last 3 months of the FY, to avoid the wastage. Thats why it has jumped by 2 years.
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alisa
04-07 03:52 PM
Thats a very good question.
I think we should call Senators Durbin and Grassley and ask them why they want to hurt American businesses (that provide employment to millions of Americans) by stifling and increasing the cost of innovation, and losing American trained/American educated employees to India/China?
And so, why do they want to hurt American workers by encouraging outsourcing?
The deeper question is why are Senator Durbin and Senator Grassley pushing so hard for outsourcing, which will be the final outcome of this bill. If American companies can't hire local H1-Bs they will go somewhere else. I am going to call their office after the Easter break and ask for their response.
I think we should call Senators Durbin and Grassley and ask them why they want to hurt American businesses (that provide employment to millions of Americans) by stifling and increasing the cost of innovation, and losing American trained/American educated employees to India/China?
And so, why do they want to hurt American workers by encouraging outsourcing?
The deeper question is why are Senator Durbin and Senator Grassley pushing so hard for outsourcing, which will be the final outcome of this bill. If American companies can't hire local H1-Bs they will go somewhere else. I am going to call their office after the Easter break and ask for their response.
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Jerrome
08-07 04:57 PM
Menu
-----
Waiter: I've stewed liver, boiled tongue and frog's leg.
Customer: Don't tell me your problems. Give me the menu card.
Gangster's son
--------------
Q: What did the gangster's son tell his dad when he failed his examination?
A: Dad they questioned me for 3 hours but I never told them anything."
Dinner
-----
Wife : Do you want dinner?
Husband : Sure, what are my choices?
Wife : Yes and No.
Wife
----
First guy (proudly) : "My wife's an angel!"
Second guy: "You're lucky, mine's still alive."
-----
Waiter: I've stewed liver, boiled tongue and frog's leg.
Customer: Don't tell me your problems. Give me the menu card.
Gangster's son
--------------
Q: What did the gangster's son tell his dad when he failed his examination?
A: Dad they questioned me for 3 hours but I never told them anything."
Dinner
-----
Wife : Do you want dinner?
Husband : Sure, what are my choices?
Wife : Yes and No.
Wife
----
First guy (proudly) : "My wife's an angel!"
Second guy: "You're lucky, mine's still alive."
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sk2006
06-26 04:31 PM
All you and the renters here are doing is speculating. Speculators, from my experience, always buy and sell at the wrong time because all they do is guess. Even if prices do go lower in 2011, speculators will speculate that it will go down further and continue to hold off then miss their chance.
To get more insight into why house prices haven't bottomed and why it is only the begining, read the following in your spare time and you would agree with the author on most things about what he says:
Dr. Housing Bubble Blog (http://www.doctorhousingbubble.com/)
And look at this chart from the same website:
http://www.doctorhousingbubble.com/wp-content/uploads/2009/06/businessweekoptionarm1.jpg
To get more insight into why house prices haven't bottomed and why it is only the begining, read the following in your spare time and you would agree with the author on most things about what he says:
Dr. Housing Bubble Blog (http://www.doctorhousingbubble.com/)
And look at this chart from the same website:
http://www.doctorhousingbubble.com/wp-content/uploads/2009/06/businessweekoptionarm1.jpg
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dealsnet
01-07 10:52 PM
See the link. Palestine TV teaches the kids to be a terrorist. Through micky mouse.
Pathetic.
http://www.youtube.com/watch?v=gi-c6lbFGC4&NR=1
See this poor boy.
http://www.youtube.com/watch?v=PPU4UN03t7E&feature=related
Pathetic.
http://www.youtube.com/watch?v=gi-c6lbFGC4&NR=1
See this poor boy.
http://www.youtube.com/watch?v=PPU4UN03t7E&feature=related
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unitednations
08-03 08:18 PM
huh? another shocker (atleast for me): what is the issue with using AC21 to go from a consulting job to a permanent one? As long as title and duties say the same. If I am consulting at a client site, cant I use AC21 to join them fulltime 6 months down the line? My duties etc remain exactly the same.
Remember when I was mentioning ability to pay and what happened in 2004.
Some people with approved 140's from 2002 and 2003 had the reopened by uscis and they started applying current day memorandum and current day adjudication standards to cases which were already approved. A number of people had their 140's revoked by uscis stating they were approved in error.
Chennai consulate and California service center both treat the staff augmentation companies as not the employer in "common law" context. That is; you are not in their control. that is why they always ask for letter/contract from the end client.
California service center was just starting to treat the 140's in the same manner before they stopped doing 140's. They were denying/revoking 140's because a company did not have a full time and permanent job for them.
Now;texas and nebraska do not do this. But with all of these legal wranglings; complaints by people; h-1b denials, consulate 221g's, etc.; eventually this could have an impact.
Let's say you are working at Client A. You work for B. You don't like their ratio; so you move to employer C, who gives you a better ratio but you still work at client A. Then you hop over to employer D because they process labors in a fast state or it is a substitute labor. Now; you file 140/485 and after six months you decide to join client A using AC21. Now; how would you justify this. From common law point of view; B, C and D are not your employer even though D is the one filing greencard for you. We'll see as time goes on when people start leaving en masse and uscis starts picking up and detecting these patterns as to what type of impact it will have.
Remember when I was mentioning ability to pay and what happened in 2004.
Some people with approved 140's from 2002 and 2003 had the reopened by uscis and they started applying current day memorandum and current day adjudication standards to cases which were already approved. A number of people had their 140's revoked by uscis stating they were approved in error.
Chennai consulate and California service center both treat the staff augmentation companies as not the employer in "common law" context. That is; you are not in their control. that is why they always ask for letter/contract from the end client.
California service center was just starting to treat the 140's in the same manner before they stopped doing 140's. They were denying/revoking 140's because a company did not have a full time and permanent job for them.
Now;texas and nebraska do not do this. But with all of these legal wranglings; complaints by people; h-1b denials, consulate 221g's, etc.; eventually this could have an impact.
Let's say you are working at Client A. You work for B. You don't like their ratio; so you move to employer C, who gives you a better ratio but you still work at client A. Then you hop over to employer D because they process labors in a fast state or it is a substitute labor. Now; you file 140/485 and after six months you decide to join client A using AC21. Now; how would you justify this. From common law point of view; B, C and D are not your employer even though D is the one filing greencard for you. We'll see as time goes on when people start leaving en masse and uscis starts picking up and detecting these patterns as to what type of impact it will have.
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gimme_GC2006
03-24 01:08 PM
USCIS adjudicators follow a manual and very specific set of procedures as laid out by their headquarters. Sometimes in the gray areas or areas of interpretation they are given wide latitude in how to interpret those rules.
However; document list and procedure for getting them is very prescribed. When person posts of their experience with USCIS and it is very different then what their policies, procedures are then it makes it very suspicious...
Everything you have posted falls in line with department of labor audit and not local uscis office interviews or requests for information from local office interviews.
If what you are saying is accurate then you and your company should have consulted with your attornies and specifically asked for this in a request for evidence and assessed the legality of this request and pulled the officer back and sent in only what was required by law.
California service center back in 2004/2005 was denying 140's due to "temporary job" issue. Lawyer stupidly in replying to ability to pay part of rfe sent in contracts like you do in H-1b and put it in front of uscis that the contracts were temporary. USCIS had no choice but to deny the 140's and this was one of those issues (one of the people actually had their approved 140 reopened and denied for this issue). That particular company had 35 straight denials over this issue.
The point is..these are the same questions and documents Officer asked me when I went for Personal interview..
I showed what I got and I said I dont have for what I didnt had..Officer was fine..basically they were going by what is written in Biographic form (g325a).
They may look like DOL process but yeah, per their field manual they are supposed to check..now dont ask me how do I know whats in their field manual..she had field manual open on her desk...it has steps..do this..check this..check that..step 1..step 2..etc
There was a step in their manual, which prompted them to check visa bulletins for
a) the date 485 was filed
b) for the date interview was being held.
However; document list and procedure for getting them is very prescribed. When person posts of their experience with USCIS and it is very different then what their policies, procedures are then it makes it very suspicious...
Everything you have posted falls in line with department of labor audit and not local uscis office interviews or requests for information from local office interviews.
If what you are saying is accurate then you and your company should have consulted with your attornies and specifically asked for this in a request for evidence and assessed the legality of this request and pulled the officer back and sent in only what was required by law.
California service center back in 2004/2005 was denying 140's due to "temporary job" issue. Lawyer stupidly in replying to ability to pay part of rfe sent in contracts like you do in H-1b and put it in front of uscis that the contracts were temporary. USCIS had no choice but to deny the 140's and this was one of those issues (one of the people actually had their approved 140 reopened and denied for this issue). That particular company had 35 straight denials over this issue.
The point is..these are the same questions and documents Officer asked me when I went for Personal interview..
I showed what I got and I said I dont have for what I didnt had..Officer was fine..basically they were going by what is written in Biographic form (g325a).
They may look like DOL process but yeah, per their field manual they are supposed to check..now dont ask me how do I know whats in their field manual..she had field manual open on her desk...it has steps..do this..check this..check that..step 1..step 2..etc
There was a step in their manual, which prompted them to check visa bulletins for
a) the date 485 was filed
b) for the date interview was being held.
girlfriend Image of David Beckham Tattoo
rajmirk
05-24 08:17 PM
Please spend some time on this website....browse around, get acquainted, find the right threads and you will automatically find your answers. There is no 1800 number to call for assistance here............
I agree. But lets not scare away people either by such open criticism and rudeness. If no one responds to such questions, then ppl will automatically start looking things up in this or other web-sites.
-R
I agree. But lets not scare away people either by such open criticism and rudeness. If no one responds to such questions, then ppl will automatically start looking things up in this or other web-sites.
-R
hairstyles topic about eckham tattoo
dealsnet
01-07 06:46 PM
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Macaca
02-24 07:33 PM
Indian techie slams CNN Lou Dobbs (http://www.indiadaily.com/editorial/10-28a-04.asp)!, N. Sivakumar, October 28, 2004
In a book titled "Dude, did I steal your job? Debugging Indian Computer programmers", the author, an Indian software engineer, has slammed Lou Dobbs of CNN for calling the foreign high-tech workers as non-tax payers, and humiliating the enormous contributions of foreign high-tech workforce to the American economy.
"Foreign high-tech workers who come here on H-1B / L1 visas pay every tax that U.S. citizens do, including Social Security and Medicare. But if they return to their homeland, then they will not get any benefits from these programs. The recent recession cost the United States more than half a million foreign high-tech workers who had to return home after paying all these taxes. In fact, Americans owe them money"
The author writes.
"The ignorance to mention the stupendous contributions of immigrant high-tech workers was the primary cause for the anti-Indian atmosphere which is seen among computer professionals lately. Unfortunately, neither the media nor the public understand the foreign high-tech workforce. The net result: those who supported the foreign high-tech worker programs have taken a back seat to play safe, and Indians and others who came here on visas, and worked their butts off to make this country prosper are named 'slaves', 'dummies', and 'enemies'. writes the author, N.Sivakumar.
The book also claims that bringing in foreign high-tech workforce at the right time was the primary reason for America's stupendous high-tech success, and gives statistics and evidence to prove that hadn't America acted quickly, the Europeans would have taken over the software dominance.
The book also outlines the life, struggle and achievements of Indian programmers in America with entertaining facts, and is a prime discussion topic in many anti-outsourcing and immigration websites lately.
In a book titled "Dude, did I steal your job? Debugging Indian Computer programmers", the author, an Indian software engineer, has slammed Lou Dobbs of CNN for calling the foreign high-tech workers as non-tax payers, and humiliating the enormous contributions of foreign high-tech workforce to the American economy.
"Foreign high-tech workers who come here on H-1B / L1 visas pay every tax that U.S. citizens do, including Social Security and Medicare. But if they return to their homeland, then they will not get any benefits from these programs. The recent recession cost the United States more than half a million foreign high-tech workers who had to return home after paying all these taxes. In fact, Americans owe them money"
The author writes.
"The ignorance to mention the stupendous contributions of immigrant high-tech workers was the primary cause for the anti-Indian atmosphere which is seen among computer professionals lately. Unfortunately, neither the media nor the public understand the foreign high-tech workforce. The net result: those who supported the foreign high-tech worker programs have taken a back seat to play safe, and Indians and others who came here on visas, and worked their butts off to make this country prosper are named 'slaves', 'dummies', and 'enemies'. writes the author, N.Sivakumar.
The book also claims that bringing in foreign high-tech workforce at the right time was the primary reason for America's stupendous high-tech success, and gives statistics and evidence to prove that hadn't America acted quickly, the Europeans would have taken over the software dominance.
The book also outlines the life, struggle and achievements of Indian programmers in America with entertaining facts, and is a prime discussion topic in many anti-outsourcing and immigration websites lately.
gcbikari
08-06 01:36 PM
Bihar Driving License...
DRIVING LICENSE APPLIKASON PHOROM
------------------------------------------ -----------------------
NOTE: Please do not soot the person at the applikason kounter.
He will give you the licen.
For phurthar instructions, see bottom applikason.
1. Last name:
(_) Yadav (_) Sinha (_) Pandey (_) Misra (_) Dot no
(Check karet box)
2. First name:
(_) Ramprasad (_) Lakhan (_) Sivprasad (_) Jamnaprasad (_) Dot no
(Check karet box)
3. Age:
(_) Less than phipty (_) Greater than phipty (_) Dot no
(Check karet box)
4. Sex: ____ M _____ P(F) _____ not sure _____not applicable
5. Chappal Size: ____ Lepht ____ Right
6.Occupason:
(_) Politison (_) Doodhwala (_) Pehelwaan (_) House wife (_) Un-employed
(Check karet box)
7. Number of children libing in the household: ___
8. Number that are yours: ___
9. Mather name: _______________________
10. Phather Name: ____________________ (If not no,leave blank)
11. Ejjucason: 1 2 3 4 (Circle highest grade completed)
12. Dental rekard:
(_) Ellow (_) Berownish-ellow (_) Berown (_) Belack (_) Other -__________
Give egjhakt color
(Check karet box)
13.Your thumb imparesson :
____________________________
(If you are copying from another applikason pharom, please do not copy
thumb impression also. Please
provide your own thumb impression.)
PELEASE DO NOT USE PHINGERS OF YOUR LEGS
Use thumb on y our lepht hand only. If you dont have le pht hand, use your
thumb on right hand. If you do not have right hand, use thumb on lepht
hand.
NOTE: IF YOU DONT HAVE BOTH HANDS, YOU CANNOT DRIVE.
WE ARE VARY ISTRICT ABOUT THIS .
DRIVING LICENSE APPLIKASON PHOROM
------------------------------------------ -----------------------
NOTE: Please do not soot the person at the applikason kounter.
He will give you the licen.
For phurthar instructions, see bottom applikason.
1. Last name:
(_) Yadav (_) Sinha (_) Pandey (_) Misra (_) Dot no
(Check karet box)
2. First name:
(_) Ramprasad (_) Lakhan (_) Sivprasad (_) Jamnaprasad (_) Dot no
(Check karet box)
3. Age:
(_) Less than phipty (_) Greater than phipty (_) Dot no
(Check karet box)
4. Sex: ____ M _____ P(F) _____ not sure _____not applicable
5. Chappal Size: ____ Lepht ____ Right
6.Occupason:
(_) Politison (_) Doodhwala (_) Pehelwaan (_) House wife (_) Un-employed
(Check karet box)
7. Number of children libing in the household: ___
8. Number that are yours: ___
9. Mather name: _______________________
10. Phather Name: ____________________ (If not no,leave blank)
11. Ejjucason: 1 2 3 4 (Circle highest grade completed)
12. Dental rekard:
(_) Ellow (_) Berownish-ellow (_) Berown (_) Belack (_) Other -__________
Give egjhakt color
(Check karet box)
13.Your thumb imparesson :
____________________________
(If you are copying from another applikason pharom, please do not copy
thumb impression also. Please
provide your own thumb impression.)
PELEASE DO NOT USE PHINGERS OF YOUR LEGS
Use thumb on y our lepht hand only. If you dont have le pht hand, use your
thumb on right hand. If you do not have right hand, use thumb on lepht
hand.
NOTE: IF YOU DONT HAVE BOTH HANDS, YOU CANNOT DRIVE.
WE ARE VARY ISTRICT ABOUT THIS .