Saturday, July 9, 2011

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  • dealsnet
    01-07 06:46 PM
    ----------------------------------------------------------------------------
    From Forum Moderator
    ----------------------------------------------------------------------------

    We are forced to caution you that any use of profanity on the public forums, including when quoting others, will result in immediate ban from this forum without any further warning.

    Thank you for your understanding,

    Administrator2


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  • 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."





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  • virtual55
    08-05 02:21 PM
    Admins,

    why are you not closing this thread





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  • lfwf
    08-06 04:19 PM
    If you go strictly by that, then allocating unused EB1 visa numbers to EB2 is also wrong. EB1 visas are meant for an entirely different skill set and job.

    EB2 guys and EB3 guys are at a disadvantage depending on which way you look at it. I guess capturing previous years� unused visa numbers is the only way to go then�

    no those are unused numbers and are "physcially ported" to Eb2 before they can be used, and then to Eb3. the applicant does not jump to the higher category!!!



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  • malaGCPahije
    07-14 09:29 AM
    Do you have any idea what are you talking about and why are you talking about? In which year you entered into this GC hell queue? I would suggest you to go through last 8 years of EB category happenings and then you would realize why EB3-India are frustrated....I would generally write but before that I would think first and then write. Best Luck.

    Eb2- I people are wrong when they think any steps taken by EB3-I are because of jealousy. I have contributed in each of IV effort knowing fully well that Eb3I is not going to be benefited by the effort. Still someone was getting the benefit. Now if EB3I want to do something, what is the issue? If a person from Eb2I with PD of 2006 feels that the reason behind efforts taken by a EB3 I person with PD of 2001/2002 is jealousy, then the EB2I person is being very narrow in his/her thinking. It should not take a huge amount of brainpower to realize the frustration and sadness the EB3 I person would be feeling. Irrespective of this I think a lot of people who contribute to IV campaigns are EB3I.

    Everyone irrespective of what category he or she is would very easily realize that Eb3I needs help, else it is going nowhere. By reading comments in this thread, my fear is coming true that the help needed may not come from IV. Once all EB2 people get their GC, there would be no further fight for EB3.





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  • satishku_2000
    08-02 06:12 PM
    Guys


    A simple question here ... I know that if an I 140 gets rejected 485 results in automatic denial as well as denial of all associated benifits. Is there any use with the labor? Can it be used to file for 140 again or can it be used to extend the H1B after 6 years.



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  • iwantmygreen
    04-14 04:49 PM
    When I was a kid I lived in a very small house (flat) with my parents. Now I look back & realize that was the happiest time of my life. We didnt have much money. My parents gave me lot of time & love. For a kid what matters the most is the love he recives from his parents.

    I think personally we shouldn't make a statement "Our kids will have better lives in a house". If owning a house means you will give your kid less time then its a bad idea to own a house. If you will give your kid the same amount of time you will in an apatrment then buying a house is alright. The idea of owning a house depends on your financial situation rather then being able to give your kid a better life in a house.

    FYI: I own a 6 BR house.





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  • chintu25
    08-07 10:59 AM
    CIRCUIT
    Bhai, Bapu ne bola tha ke kabhi jhoot nehin bolna mangta hai. Apun aaj se kabhi jhoot nehin bolega Bhai.
    MUNNA BHAI
    Aye Circuit, woh Sunita ka baap aya hai terayko dund rehla hai.
    CIRCUIT
    Bhai usko bolo apun gaon gaya hai, kheti karneko.
    MUNNA BHAI
    Par Circuit, abhi to tu bola kabhi jhoot nehin bolega.
    CIRCUIT
    Bhai, apun jhoot nehin bolega, par tum to bol sakta hai na.

    :D

    MAMU
    Bhai, apnay ko char mahinay mein Tamil sikhna padega. Kuch upay batao.
    MUNNA BHAI
    Kannada kyun, aur char mahinay ka kya chakkar hai?
    MAMU
    Meinay ek Tamil baccha adopt kiya hai, aur woh char mahinay mein bolne lagay ga.

    :D

    CIRCUIT
    Oye Short Circuit yeh light bulb pe baap ka naam kya likh raha hai?
    SHORT CIRCUIT
    Apun baap ka naam roshan kar rehle hai.

    :D:D:D:D:D:D:D:D



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  • ss1026
    12-22 11:14 PM
    Infanticide happens among muslims too, look at the way they treat their own women and produce dozens of children. The islamic laws make women virtual slaves of men.
    We should work for putting an end to this. These are bad practices carried out in the name of religion against members of the same religion. It is not cross-border terrorism.

    Though I strongly disagreed with some points made by the initial poster, some of your points look like they are out of the VHP's handy book. Muslims do have a slightly higher fertility rate, this is falling fast and there is only a slight difference between hindus and muslims. Partly it has to do with religion but there are various other reasons including higer female numbers and better mortality rate.

    See article. http://signal.nationalinterest.in/archives/madhu/63

    Another article(slightly older): http://www.thehindu.com/thehindu/mag/2002/11/10/stories/2002111000610300.htm





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  • eb3India
    03-29 09:08 AM
    I was watching Lou Dobbs yesterday he was discussing STRIVE act being introduced in house,

    He pulled out a slide which says they bring 2 million legals every year and part of which said 400,000 H1Bs every year,

    Where does he get this number when anual quota is only 65K, can some one verify this



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  • snathan
    01-10 04:42 PM
    With Israel on the offensive and so many jihadis getting whacked - don't you think that there'll be a serious shortage of virgins in jihadi heaven :D

    they dont need virgins man....:p





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  • coolest_me
    12-26 05:40 PM
    Most americans have supported the attack on Afghanistan, where Osama is believed to hiding along with other terrorists. Most americans oppose war on Iraq, only because 100,000 american soldiers have died, Isince the Iraq war began and the economy is in shambles and Iraqis are a drain on the failing economy.




    Can you post the source of this information please. I don't think its anywhere close 100,000. Its somewhere arnd 10000.



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  • gc4me
    08-11 04:26 PM
    After digging to a depth of 100 meters last year, Russian scientists found traces of copper wire back 1000 years, and came to the conclusion that their ancestors already had a telephone network one thousand years ago.


    So, not to be outdone, in the weeks that followed, American scientists dug 200 meters and headlines in the US papers read: "US scientists have found traces of 2000 year old optical fibers, and have concluded that their ancestors already had advanced high-tech digital telephone 1000 years earlier than the Russians."


    One week later, the Indian newspapers reported the following: "After digging as deep as 500 meters, Indian scientists have found absolutely nothing. They have concluded that 5000 years ago, their ancestors were already using Bluetooth and Wireless technology."





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  • mbawa2574
    03-25 11:12 PM
    Ok, so everytime I see a rent vs buy discussion I see apartment living compared with living in a house. This may not apply to a lot of other places but here's how it goes in SF Bay Area:

    Rental
    Apartment: Decent sized 2 Bed/2 Bath --- $1600 pm
    House : Decent sized 3 bed/2.5 bath --- $2000 pm

    Mortgage:
    House : Decent sized 3 bed/2.5 bath --- $3500 pm

    So, is additional 1500 pm worth the money? Why not rent a house? What's the point of trying to get into a sliding market when even Greenspan can't say where the bottom is?

    I am in a decent sized apartment right now and if I have to upgrade its a rental house. Buying in a sliding real estate market doesn't make sense to me.
    Dude you are missing on the tax savings part of the game. U need to take it into account. Specially if you are making 100k + . Buying a house will save you big on taxes for first couple of years since interest is tax deductible. For couple of years interest is the major part of your payment.

    Also people suggesting that this is not a great time to buy, then what would be ?There are bargains in the market. A Good investor never buys a property when prices touch the roof. U wanna buy right on the bottom. Also risk factors depends on markets and geography where u are looking. NY metro,CA (San Fran & LA), New England area are the best places to buy as job markets are diversified and markets have potential to sustain ups and downs. Property prices have tanked just 10 points and have already corrected pretty much in good neighborhoods and there is inventory sitting on the market with great deals . U cannot compare apples with oranges. Hence Detroit,Ohio etc have no comparison to these progressive markets I mentioned earlier. Also governments don't cut new lots at the same rate in these states as compared to other US markets keeping the prices more or less stable.

    On NJ- I have not seen a single Native born American liking the state. It is considered most corrupt state in the union but still pretty much rich people live in NJ including our friend Lou Dobbs :-) He curses NJ almost once in a month on his show and lives in a 300 acre farm house in the same state. So I will rather ignore the comments posted about NJ in earlier post.



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  • dartkid31
    05-24 12:46 PM
    Folks,

    I think if you one wants to eliminate or significantly reduce the number of H1B's or immigrant visas, then you can go ahead and label that person "anti-immigrant". I would be with you, saying that is definitely negative to America.

    So far I haven't seen Lou Dobbs doing that though. All the time I watch the program I see that man bringing up legitimate concerns. Lou Dobbs is a hero for Americans. The fact is that in general, wages have been stagnated for the last five years. What I have seen Lou Dobbs bringing up is that H1B numbers should not be increased. Don't you think that is a fair and rational approach ? Tell me. Honestly, when I learned this provision that they want to increase H1B visas at 20% every year, that appeared quite of a stretch to me. Folks, please be more rational and thoughtful please ?

    "Folks, please be more rational and thoughtful please ?"

    I think thoughtful and rational are NOT two words you would use to describe a Lou Dobbs broadcast. :D

    Extremely one sided, hateful, demagogry, those words would be more accurate.





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  • bondgoli007
    01-06 04:09 PM
    Didn't Narendra Modi followed the footstep of Isreali counterparts by killing innocents in Gujarat?

    Its upto Indians to decide which type of leaders we need. Like Gandhi or Modi.
    Once again you choose to antagonize the very people you are trying to protest along with... If you treat us like enemies then why even post so much on this thread?

    Most of the folks here who lost their cool and abused you were provoked by you...Same is the case even in the real world. If you choose not to acknowledge that then my friend, how can you ever hope and pray for peace and friendship?



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  • rajnag21
    07-19 02:38 PM
    UN,
    This is a question to you. I was one of those guys who sent you a PM. Sorry again !
    What if a person who has been in the country for a while(say from 2000) has a few pay stubs missing and period/s of unemployment(2002 and 2003) and therefore his w2's for say 2003,2004,2005 have like 15-30 k figures on them. This is for a software engineer who is on eb3 with a employment letter that states pay should be abut 50 k or so (minimum). Now lets suppose the said person went out of the country and came back in Jan 2006.
    So Does means according to the 245i rule the previous period of unemployment etc get wiped off and they have to look at whether he has violated the 180 day rule only since Jan 2006 ? In this case will they look at his all his old w2's as well? Will this constitute some sort of violation ?

    Thanks in advance for your answers





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  • rongha_2000
    01-03 11:47 PM
    oh thats the price YOU are willing to bear? How? By staying comfy in the US? Its easy to say dude when you are 7000 miles away. If you (and i know you are not) or anyone in your family is in the military, you would not dare to make such a stupid statement.

    This whole thread is ridiculous and should be deleted. It has no place in immigration forums.

    We are a sovereign nation and are capable of defending ourselves, whatever the cost may be. Yes, it will set us back economically and we may lose thousands of lives, but that is the price we must be willing to bear.





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  • malaGCPahije
    08-07 01:40 PM
    a very nice video. Shows unity in a very nice perspective..

    http://www.vimeo.com/1211060

    The song is a Bengali poem written by Rabindranath Tagore.





    diptam
    08-05 08:53 AM
    As i said earlier you have Zero understanding of these things and that's why you came to waste peoples time. You could be an anti-immigrant as well.

    "GC is for future Job and one single person could be eligible for EB3 / EB2 / EB1 any kind of jobs - its the person's ELIGIBILITY which matters " - understand dumbo ?

    What do you mean "i am eligible for EB2"?????

    A JOB is what decides EB1/2/3, not your imagined eligibility !!

    If the job that you do requires no more than an EB3, then how are you saying your employer did something wrong? Why should you get to port to EB2 based on your "imagined eligibility for EB2"? Please explain that to me.

    Remember, the JOB REQUIREMENTS should be there, it does not matter if you are a PhD from MIT...........





    sk2006
    06-05 03:24 PM
    don't think the rent will be much lower than paying the mortgage, it is true atleast in the city where I live. For example: If I am paying a mortgage of $1200 and the rental of an equivalent is $ 900, the $300 difference you get back in tax refund at the end of the year. So why pay rent when I can buy a house and do whatever I want to with it ?

    Where I live, the median house price is 200,000. I bought a house which is lower than the median and when the market was on the downward trend (september 2006). If you look at the post I quoted, you would notice that I am not subscribing to the crazies who bought houses with the example dollar amounts you gave. If you know your limits and do 2 hours of internet research, then the person probably will make a much better decision. The information and warning signs were there everywhere starting 2005, if people chose to ignore and got burned then shame on them.

    You are right. As I mentioned in my other post buying makes sense if Rent and mortgage are comparable. I would do the same when mortgages and rents come in line in my area.
    With the ratio of rent/mortgage you mentioned, it makes perfect sense to buy.



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