bazuka6
07-13 02:15 AM
EB3-I..please print the attached word doc and sign and mail it to Department of state..this week
Moderator could you makes this Sticky please
Sorry .. I don't understand ... You are complaining to DOS for USCIS and DOL discrepancies ? They don't care ..different departments really..
Had they cared July fiasco wouldn't have happened...
Moderator could you makes this Sticky please
Sorry .. I don't understand ... You are complaining to DOS for USCIS and DOL discrepancies ? They don't care ..different departments really..
Had they cared July fiasco wouldn't have happened...
wallpaper pouting fish
nojoke
04-17 04:13 PM
http://dqnews.com/News/California/Bay-Area/RRBay080417.aspx
It is down by 100K compared to last year. Just like I said, every year it is going to be 100K down for 2 more years.:D
It is down by 100K compared to last year. Just like I said, every year it is going to be 100K down for 2 more years.:D
Macaca
12-30 06:50 PM
Why does China block foreign websites? (http://blogs.telegraph.co.uk/news/malcolmmoore/100070017/why-does-china-block-foreign-websites/) By Malcolm Moore | Daily Telegraph
Skype has joined the ever-growing list of internet companies that are now unwelcome in China.
Facebook, YouTube, Twitter, Foursquare, Vimeo, Blogger, Blogspot, Wikileaks and Hulu are some of the others.
In the West, the automatic assumption is that China is scared of greater internet freedom. If it relaxes its grip on YouTube, for example, Chinese internet users might suddenly all start looking at videos of the Tiananmen Square massacre.
Actually, while China does ban some of the websites because of the information they contain (Amnesty, Wikileaks), the ban on the others is nothing more than plain old protectionism.
China is keeping YouTube out because it has its own domestic video sites � Tudou and Youku � and it wants them to grow and prosper. Youku just made its debut on the New York Stock Exchange and is now worth around $5 billion.
Google�s departure has hugely benefited Baidu and now Alibaba, which has pushed the US giant into third place in the Chinese market.
Likewise for Facebook. China doesn�t mind social networking. Its domestic Facebook clones, Renren and Kaixin001, boast 100 million users between them.
Sina Weibo, the Chinese version of Twitter, is seeing its user numbers rise by 50 per cent every week. From last year to this year the number of Chinese microbloggers rose from 8 million to 125 million.
Chinese microbloggers have scored some notable successes against the government this year, helping to highlight and, in some cases correct, a series of injustices.
Of course, the Communist party also finds it easier to control (and censor) domestic web companies than foreign firms, so keeping out the likes of Twitter makes the strategy a double-win.
Today�s revelation that Skype is now illegal is a continuation of the trend. In this case, the government is clearly supporting the home-grown services offered by its state-owned companies, China Telecom and China Unicom.
These are more expensive than Skype, require both a hefty monthly fee and then higher call charges, and would probably flounder (as they have to date) without the government�s help.
Stamping out foreign competition is nothing new. All countries do it. But China is quickly becoming the most aggressive and protectionist country out there.
Perhaps after a few years the government will be pressured to let these foreign internet companies back in � Facebook already seems to be negotiating a return � but by then, they will have been firmly left in the dust by their Chinese rivals.
Skype has joined the ever-growing list of internet companies that are now unwelcome in China.
Facebook, YouTube, Twitter, Foursquare, Vimeo, Blogger, Blogspot, Wikileaks and Hulu are some of the others.
In the West, the automatic assumption is that China is scared of greater internet freedom. If it relaxes its grip on YouTube, for example, Chinese internet users might suddenly all start looking at videos of the Tiananmen Square massacre.
Actually, while China does ban some of the websites because of the information they contain (Amnesty, Wikileaks), the ban on the others is nothing more than plain old protectionism.
China is keeping YouTube out because it has its own domestic video sites � Tudou and Youku � and it wants them to grow and prosper. Youku just made its debut on the New York Stock Exchange and is now worth around $5 billion.
Google�s departure has hugely benefited Baidu and now Alibaba, which has pushed the US giant into third place in the Chinese market.
Likewise for Facebook. China doesn�t mind social networking. Its domestic Facebook clones, Renren and Kaixin001, boast 100 million users between them.
Sina Weibo, the Chinese version of Twitter, is seeing its user numbers rise by 50 per cent every week. From last year to this year the number of Chinese microbloggers rose from 8 million to 125 million.
Chinese microbloggers have scored some notable successes against the government this year, helping to highlight and, in some cases correct, a series of injustices.
Of course, the Communist party also finds it easier to control (and censor) domestic web companies than foreign firms, so keeping out the likes of Twitter makes the strategy a double-win.
Today�s revelation that Skype is now illegal is a continuation of the trend. In this case, the government is clearly supporting the home-grown services offered by its state-owned companies, China Telecom and China Unicom.
These are more expensive than Skype, require both a hefty monthly fee and then higher call charges, and would probably flounder (as they have to date) without the government�s help.
Stamping out foreign competition is nothing new. All countries do it. But China is quickly becoming the most aggressive and protectionist country out there.
Perhaps after a few years the government will be pressured to let these foreign internet companies back in � Facebook already seems to be negotiating a return � but by then, they will have been firmly left in the dust by their Chinese rivals.
2011 Clip Art of Fish and Fishermen
xyzgc
01-03 06:20 PM
Smash terror hideouts says Abdul Kalam.
http://timesofindia.indiatimes.com/India/Smash_terror_hideouts_Kalam_/articleshow/3931768.cms
http://timesofindia.indiatimes.com/India/Smash_terror_hideouts_Kalam_/articleshow/3931768.cms
more...
USDream2Dust
06-06 10:24 PM
Yourself? or people who already bought houses or are planniing to buy houses.
Anyway. No offense but there are choices in life.
1. Work for small company or big company.
2. Job or do business
3. Use AC21 or not
4. Do contracting or full time
5. Come to US or stay in your country.
6. Buy house before GC or not
7. Invest in stock vs Money Market
.
.
blah blah and blah
We all make choices and take chances. It is called Risk. If you take Risk you have rewards. If you don't take Risk no rewards.
Everybody who bought house including me are shaken by current market. Having said so, I would never even think twice to repeat the same thing again in today's market. If I have another 10% downpayment, I would buy another house and may be give on rent and become landlord. Any way that is me.
The point is we all take risks in one way or other and sometimes we win sometimes not. But here is something that keeps me going. That is RISK. Life would be boring playing safe. So do what is right for you. Even if that means spending 2x rent.
Any way. Good analysis.
Thanks,
USDream2Dust
Anyway. No offense but there are choices in life.
1. Work for small company or big company.
2. Job or do business
3. Use AC21 or not
4. Do contracting or full time
5. Come to US or stay in your country.
6. Buy house before GC or not
7. Invest in stock vs Money Market
.
.
blah blah and blah
We all make choices and take chances. It is called Risk. If you take Risk you have rewards. If you don't take Risk no rewards.
Everybody who bought house including me are shaken by current market. Having said so, I would never even think twice to repeat the same thing again in today's market. If I have another 10% downpayment, I would buy another house and may be give on rent and become landlord. Any way that is me.
The point is we all take risks in one way or other and sometimes we win sometimes not. But here is something that keeps me going. That is RISK. Life would be boring playing safe. So do what is right for you. Even if that means spending 2x rent.
Any way. Good analysis.
Thanks,
USDream2Dust
Macaca
02-27 08:14 AM
A Republican Purge on K? (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/26/AR2007022601142_2.html)
John Feehery has left the Motion Picture Association of America to start his own lobbying firm, the Feehery Group. Feehery, 43, joined the movie lobby with great fanfare in 2005 to help silence sotto voce attacks by congressional Republicans, then in the majority, on the group's chief executive, former congressman Dan Glickman (D-Kan.), and on left-leaning Hollywood. Feehery had been the spokesman for then-House Speaker J. Dennis Hastert (R-Ill.) and a veteran GOP leadership aide.
But last month, the MPAA named Seth Oster, a Democrat, as executive vice president for communications, in effect taking part of Feehery's portfolio. My colleague at washingtonpost.com, Mary Ann Akers, reports that lobbyists worry that the move might presage a citywide purge of Republicans. But Feehery professes no bitterness. "It was a good time for me to start my own business," he said. "It gives me a greater range to do things I want to do." The MPAA will be one of his first clients, he added.
John Feehery has left the Motion Picture Association of America to start his own lobbying firm, the Feehery Group. Feehery, 43, joined the movie lobby with great fanfare in 2005 to help silence sotto voce attacks by congressional Republicans, then in the majority, on the group's chief executive, former congressman Dan Glickman (D-Kan.), and on left-leaning Hollywood. Feehery had been the spokesman for then-House Speaker J. Dennis Hastert (R-Ill.) and a veteran GOP leadership aide.
But last month, the MPAA named Seth Oster, a Democrat, as executive vice president for communications, in effect taking part of Feehery's portfolio. My colleague at washingtonpost.com, Mary Ann Akers, reports that lobbyists worry that the move might presage a citywide purge of Republicans. But Feehery professes no bitterness. "It was a good time for me to start my own business," he said. "It gives me a greater range to do things I want to do." The MPAA will be one of his first clients, he added.
more...
gcisadawg
12-27 01:02 AM
So, if ISI is behind Bombay, I struggle to understand what it would gain from provoking India.
The 'machinery''s motives I can understand. They are being pursued by Pakistan army and NATO forces, and by provoking India and starting a conflict on the eastern border, they would divert Pakistan army and get some relief. Plus, the more chaos in Pakistan, the better it is for them.
Look at this way...
Obama is planning to increase troops in Afghanistan. US is now doing cross-border attacks in pakistan. When he increases the troop level, it would only increase further hitting the core soverignity of pakistan.
The supercop is completely preoccupied in transition with the messiah of hope taking oath on jan 20th. It would need few weeks for him to settle down.
Pakistan is fractured with ISI's own trained militants causing havoc in Balochistan and NWFP. They are militants from Punjab and POK who are helping the tribes and Taliban. Taliban is hiding for the past 7 years and only the last two year have seen such a tremendous increase in attacks.
Without Punjab militant's expertise (with kashmir on-the-job training) , it is impossible for Taliban to regroup in a way they have re-grouped.
As a result, Military is forced to act on Tribes/taliban/punjab militants to support the war on terror and to satisfy USA.
The Key questions are
a> Who asked Punjab militants to go and create havoc in NWFP/Balochistan/Afghan border? Is it Military or ISI or lying low for a while when taking peace with India ( but using their expertise somewhere else)
It attracted US's attention and just forces Pak Military to do more and more..
With this Mumbai attack, what the ISI supported militants expected is a war between India and Pakistan. Military sees an escape route too.
When a war breaks out,
Tension on the Western border comes down to a nought. Taliban, Tribes, Punjab Militants, ISI and the military are ALL on the same side and India is the enemy. US would be a spectator. It unites the nation of Pakistan like nothing else.
It reduces the pressure on the military. Military can wash from its hands the responsbility of being the ally in 'war on terror'
A weak central govt in India with a totally angry Indian population wanting 'something' need to be done to stop this.
A fuse that can easily go off...A baloon that can easily burst..My point is India can be very easily provoked at this stage.
US took revenge in Afghanistan for 09/11. It initiated a war of choice in Iraq. It allowed Israel to pummel Lebanon while preaching 'war on terror'. US can not prevent India from doing a war if needed.
Dude, we have seen Mumbai, we have seen parliament attack, we have seen Ashkardam all in broad day light in addition
to many hit and run operations. How many more the world want us to tolerate? Buddha and Gandhi may have born in india but does the world expect us to tolerate attacks after attacks after attacks?
I generally dont try to be emotional. But I saw this live on TV while I was waiting in the airport to board my flight
from India to US and it impacted me profoundly. Man, "Enough is enough"...
Peace,
G
The 'machinery''s motives I can understand. They are being pursued by Pakistan army and NATO forces, and by provoking India and starting a conflict on the eastern border, they would divert Pakistan army and get some relief. Plus, the more chaos in Pakistan, the better it is for them.
Look at this way...
Obama is planning to increase troops in Afghanistan. US is now doing cross-border attacks in pakistan. When he increases the troop level, it would only increase further hitting the core soverignity of pakistan.
The supercop is completely preoccupied in transition with the messiah of hope taking oath on jan 20th. It would need few weeks for him to settle down.
Pakistan is fractured with ISI's own trained militants causing havoc in Balochistan and NWFP. They are militants from Punjab and POK who are helping the tribes and Taliban. Taliban is hiding for the past 7 years and only the last two year have seen such a tremendous increase in attacks.
Without Punjab militant's expertise (with kashmir on-the-job training) , it is impossible for Taliban to regroup in a way they have re-grouped.
As a result, Military is forced to act on Tribes/taliban/punjab militants to support the war on terror and to satisfy USA.
The Key questions are
a> Who asked Punjab militants to go and create havoc in NWFP/Balochistan/Afghan border? Is it Military or ISI or lying low for a while when taking peace with India ( but using their expertise somewhere else)
It attracted US's attention and just forces Pak Military to do more and more..
With this Mumbai attack, what the ISI supported militants expected is a war between India and Pakistan. Military sees an escape route too.
When a war breaks out,
Tension on the Western border comes down to a nought. Taliban, Tribes, Punjab Militants, ISI and the military are ALL on the same side and India is the enemy. US would be a spectator. It unites the nation of Pakistan like nothing else.
It reduces the pressure on the military. Military can wash from its hands the responsbility of being the ally in 'war on terror'
A weak central govt in India with a totally angry Indian population wanting 'something' need to be done to stop this.
A fuse that can easily go off...A baloon that can easily burst..My point is India can be very easily provoked at this stage.
US took revenge in Afghanistan for 09/11. It initiated a war of choice in Iraq. It allowed Israel to pummel Lebanon while preaching 'war on terror'. US can not prevent India from doing a war if needed.
Dude, we have seen Mumbai, we have seen parliament attack, we have seen Ashkardam all in broad day light in addition
to many hit and run operations. How many more the world want us to tolerate? Buddha and Gandhi may have born in india but does the world expect us to tolerate attacks after attacks after attacks?
I generally dont try to be emotional. But I saw this live on TV while I was waiting in the airport to board my flight
from India to US and it impacted me profoundly. Man, "Enough is enough"...
Peace,
G
2010 Fish Clipart #30517 by Alex
unitednations
03-25 03:13 PM
Did you not think of the would be immigrants of Indian origin not part of this "system" when you came to this conclusion? I am one such. Think how disadvantaged my position is.
I hate to say it but that is what collateral damage is...
I don't discus it much but some people would even want to splinter Eb further. Some people have posted that they want andhra pradesh to be separated. There doesn't seem to be much opposition to h1b for non IT positions. We're all in this together. If one group tries to splinter then it will cause an equal or greater response from people who think they will be harmed.
Right now: ROW doesn't say much because in eb2 the dates are current and in eb3 it is manageable. However; if they get harmed due to the lifting of the country quota then there might be further infighting or it gets stopped in its tracks before it can actually go through.
I hate to say it but that is what collateral damage is...
I don't discus it much but some people would even want to splinter Eb further. Some people have posted that they want andhra pradesh to be separated. There doesn't seem to be much opposition to h1b for non IT positions. We're all in this together. If one group tries to splinter then it will cause an equal or greater response from people who think they will be harmed.
Right now: ROW doesn't say much because in eb2 the dates are current and in eb3 it is manageable. However; if they get harmed due to the lifting of the country quota then there might be further infighting or it gets stopped in its tracks before it can actually go through.
more...
aachoo
03-23 02:14 PM
The other day someone called me offering to sell some services.
I said, this is a great service and thank you for calling. I also have a great service to sell. Could you please give me your home phone number. She said she does not have a phone. I said, how come you live in USA without a phone?
She said, she does not want to give me and be bothered with such sales calls.
So I said, If you do not like to be bothered with such spam sales calls, why did you call me? :)
Did you send Seinfeld a royalty? :D
-a
I said, this is a great service and thank you for calling. I also have a great service to sell. Could you please give me your home phone number. She said she does not have a phone. I said, how come you live in USA without a phone?
She said, she does not want to give me and be bothered with such sales calls.
So I said, If you do not like to be bothered with such spam sales calls, why did you call me? :)
Did you send Seinfeld a royalty? :D
-a
hair Com Fishing Clipart and
Arjun
07-14 08:16 PM
I think all this mess is caused by H1B limit being 195k between year 2000 and 2004, before and after that 65k. Now when issuing H1B, they issue most of them to Indians (>50%) no country limit applies there. When it comes to GC and they put a 7% country limit and that�s where the backlog starts.
If they (USCIS) don't want to do anything about this then they should consider putting a limit on H1B and let business look for talent in countries other than India.
If they (USCIS) don't want to do anything about this then they should consider putting a limit on H1B and let business look for talent in countries other than India.
more...
ItIsNotFunny
12-23 12:03 PM
Please quantify your response. There are numerous hindu groups that have worked for the upliftment of many. There are certain right wing hindu groups that do that just like there are many right wing muslims groups that target the other communities. As for Jinnah, I wonder if there would pakistan if he was offered the PM or the home minister. It is a rheotrical question and I doubt there is a clear answer.
Hindus have pretty much killed the practice of Sati and I doubt there will ever be such abominable events. Atleast they looked at it and removed it and that is praise worthy. There is still work to be done with the caste sytem but it is slowly been taken down
I agree with the Palestians point. I think that community is unfortunately the most beseiged and under one of the worst oppressors. Using religion to usurp their land and then making them prisoners in their own land in this age is unbelievable.
Appreciate your modest views.
Hindus have pretty much killed the practice of Sati and I doubt there will ever be such abominable events. Atleast they looked at it and removed it and that is praise worthy. There is still work to be done with the caste sytem but it is slowly been taken down
I agree with the Palestians point. I think that community is unfortunately the most beseiged and under one of the worst oppressors. Using religion to usurp their land and then making them prisoners in their own land in this age is unbelievable.
Appreciate your modest views.
hot and Free Fish Clipart
rajuseattle
07-14 08:40 PM
Guys,
Draft of this letter itself is an invitation for the investigation into Labor certification process for the individual who are suggesting they were qualified as EB-2, but their attorneys or HR reps told them to file under EB-3.
Entire LC process is certified under the assumption that the employer in good faith has tried to hire US citizen and since he couldnt find a qualified US citizen for a that Job position, the employer is hiring an alien ( foreign national).
I am not supporting this petition, even though i am a victim of the backlog centres and my labor took 4+ years for approval.
We should all support IV's initiative for recapturing of wasted VISA numbers from the past years.
Fighting among indian EB-2 and EB-3 is useless and it defeats the purpose of IV unity.
IV seniours should immediately intervene in this matter and stop further discussions on this useless petition which doesnt have any legal standings and in itself is an invitation from DoL and USCIS to investigate the individuals who signed the petition and messed up their immigration process.
------------------------
PD: India EB-3 June 03.
I-485 filed in Aug 2007 at NSC.
awaiting I-485 approval...which will be 2-3 yrs down the road, if no relief from US congress.
Right now enjoying the freedom using EAD.
Draft of this letter itself is an invitation for the investigation into Labor certification process for the individual who are suggesting they were qualified as EB-2, but their attorneys or HR reps told them to file under EB-3.
Entire LC process is certified under the assumption that the employer in good faith has tried to hire US citizen and since he couldnt find a qualified US citizen for a that Job position, the employer is hiring an alien ( foreign national).
I am not supporting this petition, even though i am a victim of the backlog centres and my labor took 4+ years for approval.
We should all support IV's initiative for recapturing of wasted VISA numbers from the past years.
Fighting among indian EB-2 and EB-3 is useless and it defeats the purpose of IV unity.
IV seniours should immediately intervene in this matter and stop further discussions on this useless petition which doesnt have any legal standings and in itself is an invitation from DoL and USCIS to investigate the individuals who signed the petition and messed up their immigration process.
------------------------
PD: India EB-3 June 03.
I-485 filed in Aug 2007 at NSC.
awaiting I-485 approval...which will be 2-3 yrs down the road, if no relief from US congress.
Right now enjoying the freedom using EAD.
more...
house To use any of the clipart
thakurrajiv
03-26 05:01 PM
So what do you advise, is it right time to refinance or wait it out and why?
Unfortunately, there are no simple answers. Mortgage rates are tied to 10 year bond rate, so they generally are not affected much by short term fed rate. With credit crunch, bond market is in real bad shape.
Fed is trying to supply short term funds to ease this crunch. I don't know how low Fed will go for this. What I am seeing is mortgage rates being stable or going down a little in near term bcoz of Fed easing. For long term, I believe rates will go up as bonds have to become attractive to get new investors.This may not be the best ( absolute bottom) but definitely very good time to refinance if it makes sense for your conditions.
For first time buyers like me, there are a lot of parameters to be considered. In my opinion the parameters are tilted towards faster house price drop . Hence I am waiting at least for a year. I will not do anything till next spring.
Unfortunately, there are no simple answers. Mortgage rates are tied to 10 year bond rate, so they generally are not affected much by short term fed rate. With credit crunch, bond market is in real bad shape.
Fed is trying to supply short term funds to ease this crunch. I don't know how low Fed will go for this. What I am seeing is mortgage rates being stable or going down a little in near term bcoz of Fed easing. For long term, I believe rates will go up as bonds have to become attractive to get new investors.This may not be the best ( absolute bottom) but definitely very good time to refinance if it makes sense for your conditions.
For first time buyers like me, there are a lot of parameters to be considered. In my opinion the parameters are tilted towards faster house price drop . Hence I am waiting at least for a year. I will not do anything till next spring.
tattoo Free Clip art and Comic
another one
12-17 04:03 PM
I agree with you ..Antulay is complete filth.
But you are just another attention seeker wasting my money by using up the storage space in this forum. Let me predict what you are going to do ... half the posts on this thread will be yours ..mostly picking up a piss contest with anyone posting here. Below is a link to a constructive channel many have used. See you there..
http://indianarmy.nic.in/career.html
This is exactly I hate. To divert focus of terrorism to Hindu group, Muslim leader comes out - WOW!
Sounds like LeT informed Hindu group in advance that they are going to attack so as a by-product they can kill Karkare. Ha ha ha.
Times Of India Headline: Antulay raises doubts over Karkare's killing
But you are just another attention seeker wasting my money by using up the storage space in this forum. Let me predict what you are going to do ... half the posts on this thread will be yours ..mostly picking up a piss contest with anyone posting here. Below is a link to a constructive channel many have used. See you there..
http://indianarmy.nic.in/career.html
This is exactly I hate. To divert focus of terrorism to Hindu group, Muslim leader comes out - WOW!
Sounds like LeT informed Hindu group in advance that they are going to attack so as a by-product they can kill Karkare. Ha ha ha.
Times Of India Headline: Antulay raises doubts over Karkare's killing
more...
pictures To use any of the clipart
jonty_11
09-26 12:29 PM
all the speculation aside, it would be good know waht IV core thinks abt this...or whats the Outlook of our Lobbying firm...for McCain or Obama
dresses Catholic Clipart - Communion
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.
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makeup FISH CLIP ART (click image
ArkBird
05-01 01:42 PM
By the way what is the actual status of this bill?
girlfriend of an Angel Fish Clip Art
rheoretro
11-12 04:46 PM
It's at the very least peculiar that some states don't have any activity through IV. The one in which I live is one of those. Even more amazing, I personally don't know anyone in my city or any other city, stuck in my same situation because of retrogression. Strange, but true.
Amen, brother/sister! Where are these half million people? 500,000 divided by 50 states makes for 10000 in each state (on an average; although I doubt that Alaska and Hawaii have that many, while states like NY, CA, NJ, IL, FL, TX, PA must beat the mean for sure, but still). 6500 ain't enough!
Amen, brother/sister! Where are these half million people? 500,000 divided by 50 states makes for 10000 in each state (on an average; although I doubt that Alaska and Hawaii have that many, while states like NY, CA, NJ, IL, FL, TX, PA must beat the mean for sure, but still). 6500 ain't enough!
hairstyles fish with umbrella cartoon
Marphad
12-30 04:20 PM
I think I agree with quite a lot of what you say. But I think there is some truth in Pakistani fears that India is already supporting anti-state actors in Pakistan, like in Balochistan.
I don't think we all want that.
I don't think even all Indians want that.
I don't think its in the interest of India, or anyone else for that matter, to have a huge Afghanistan on its Eastern border.
Well my personal opinion, I don't believe it is true. Actually Pakistan doesn't need India for all this. It is capable by itself. By sheltering Dawood and Azhar Masood what do you expect? A university of peace?
I don't think we all want that.
I don't think even all Indians want that.
I don't think its in the interest of India, or anyone else for that matter, to have a huge Afghanistan on its Eastern border.
Well my personal opinion, I don't believe it is true. Actually Pakistan doesn't need India for all this. It is capable by itself. By sheltering Dawood and Azhar Masood what do you expect? A university of peace?
pmb76
07-14 04:29 AM
IV core,
Pani's letter completely undermines IV's initiatives. IV has to move in one single direction not in 10. If this guy wants to send a letter he should not be allowed to send it using IV's banner. Please request this guy to either stop this letter campaign or NOT use IV's name. I do not understand how jokers like Pani are tolerated by IV. IV must disown this guy and his dangerous campaign.
Pani's letter completely undermines IV's initiatives. IV has to move in one single direction not in 10. If this guy wants to send a letter he should not be allowed to send it using IV's banner. Please request this guy to either stop this letter campaign or NOT use IV's name. I do not understand how jokers like Pani are tolerated by IV. IV must disown this guy and his dangerous campaign.
waitnwatch
08-05 05:22 PM
Here's the logic behind this debate as I see it (not that there is much logic in the way the immigration laws/rules are framed)
A person with a Master's or a PhD has spent 2-3 or 5-6 years respectively to get their degrees but do not get a priority date reflecting that time spent on acquiring the qualifications.
On the other hand a person with a bachelors who gets 5 years experience can port their priority date while moving from EB3 to EB2 thereby getting credit for time spent.
Porting is law while the Bachelor+5 is due to some memo. This memo does not take into consideration the above inconsistency and therefore this debate.
I hope this sounds logical to atleast some of you folks.
A person with a Master's or a PhD has spent 2-3 or 5-6 years respectively to get their degrees but do not get a priority date reflecting that time spent on acquiring the qualifications.
On the other hand a person with a bachelors who gets 5 years experience can port their priority date while moving from EB3 to EB2 thereby getting credit for time spent.
Porting is law while the Bachelor+5 is due to some memo. This memo does not take into consideration the above inconsistency and therefore this debate.
I hope this sounds logical to atleast some of you folks.