unitednations
03-24 07:56 PM
http://www.ca5.uscourts.gov/opinions/pub/98/98-60340.CV0.wpd.pdf
Above case is the most frequent cited case by california/vermont service center and appeals office in denying h-1b's.
Essentially; many years ago a nurse staffing agency was filing h-1b's and they were doing it for a specific set of nurses which actually required a degree (most nurses do not require a degree).
The staffing agency was using one of the ways to demonstrate that the job required a degree (which is listed in 8 cfr 214.2h) that it normally hired nurses with degrees. Essentially; they were trying to circumvent h-1b for jobs that normally didn't require degrees.
USCIS and the courts basically stated that if a person is not working at your location then you are considered a "token" employer and that the job requirements of where you are actually working is what needs to be demonstrated to see if the job requires a degree.
Most of h-1b rfe's are trying to determine whether the petitioner is the employer or the agent (they ask for office information, project details and intertwine it to whether you have specailty occupation work at your location) or if the information on your payroll reports; your office size, pictures, etc., show that you are an agent. If they believe that you are an agent then they go the purchase order route.
Now; uscis is totally misapplying this because h-1b is simple; job requreis a degree and person has that degree. In this particular case; nursing agency was trying to create a degree requirement for job that normally doesn't require one.
However; they are applying this standard to all the staffing companies. I would read it and memorize it as this is quoted in every one of the denials.
Above case is the most frequent cited case by california/vermont service center and appeals office in denying h-1b's.
Essentially; many years ago a nurse staffing agency was filing h-1b's and they were doing it for a specific set of nurses which actually required a degree (most nurses do not require a degree).
The staffing agency was using one of the ways to demonstrate that the job required a degree (which is listed in 8 cfr 214.2h) that it normally hired nurses with degrees. Essentially; they were trying to circumvent h-1b for jobs that normally didn't require degrees.
USCIS and the courts basically stated that if a person is not working at your location then you are considered a "token" employer and that the job requirements of where you are actually working is what needs to be demonstrated to see if the job requires a degree.
Most of h-1b rfe's are trying to determine whether the petitioner is the employer or the agent (they ask for office information, project details and intertwine it to whether you have specailty occupation work at your location) or if the information on your payroll reports; your office size, pictures, etc., show that you are an agent. If they believe that you are an agent then they go the purchase order route.
Now; uscis is totally misapplying this because h-1b is simple; job requreis a degree and person has that degree. In this particular case; nursing agency was trying to create a degree requirement for job that normally doesn't require one.
However; they are applying this standard to all the staffing companies. I would read it and memorize it as this is quoted in every one of the denials.
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Gravitation
03-25 01:25 PM
Good Points. I like discussing real-estate; I'm deeply interested in it. So in that spirit of having a good conversation, here's my response:
I completely agree that buying a house is a long term move. But I disagree with some of the points:
1. Does rent always go up? No, my rent did not go up at all during the real estate boom as the number of ppl renting was low. Recently my rent has gone up only $75 pm. (love rent control!!!) So in 5 years, my monthly rent has gone up a total of $125 per month
Real Estate market is always local. Unlike the market for -let's say- rice, which can be transported from one place where it's abundant to where it's scarce easily. Real Estate remains where it is. It's also subjected to a lot of local laws, municipal regulations etc. So, any discussion we have here will NOT apply to every single location. You have to research your own local regulations/market etc.
If you have rent control, it significantly changes the picture. It usually doesn't make sense to buy if you have rent control.
2. I hear about tax rebate for homeowners. But what about property tax?
Yep, you pay it when you own a house. And yes, you pay it when you rent (it's rolled into your rent). The difference is that when you own, it's tax-deductible; if you pay it as part of your rent, it's not.
3. What about mortgage insurance payments?
You don't pay PMI, if you put down 20%. Not a bad idea to save that much. It forces one to learn financial planning and forward thinking.
It is a misconception that 5-10 years is the cycle for real estate.
Here's how in a sane real estate market the cycle should work:
No population influx in your area or there is no exodus from your area:
Your real estate ownership should be 25 years because that's when the next generation is ready to buy houses.
However, in places like SF Bay Area/new York/Boston where there is continuous influx of young working ppl this cycle can be reduced to 15-20 years.
Over the last few years, nobody thought of longevity required to make money in RE. Now that it is tanking ppl are talking about 5-10 years. Unless you are buying in a booming place, your ownership has to be 15+ years to turn a real profit.
Profit/Loss is not what the primary residence is for.
This is purely the financial aspect of ownership. If you have a family I think its really nice to have a house but you don't have to really take on the liability. You can rent the same house for much less. But if you are clear in your mind that no matter what I am going to live in XYZ town/city for the next 20 years, go for it.
You can rent for less, now, but how about later? You're assuming rents don't go up, but they do. One of my neighbors pays $250 per month in loan payment for a house he bought 20 years ago (property tax and insurance adds $550 more). It was a big payment then. Now it's almost live living for free. If he rented this he'd by paying $2500 at least. Again, if you don't plan to settle down, don't buy. But owning your primary residence is the first step towards prosperity.
As a sidenote for Indians. We all have either aging or soon to start aging parents. The way I see it, caring for aging parents is a social debt that we must pay back. This will need me to go back to India. Therefore, if you feel you need to care for your parents, don't commit to a house.
Yes, if you're planning to go back... don't buy.
I completely agree that buying a house is a long term move. But I disagree with some of the points:
1. Does rent always go up? No, my rent did not go up at all during the real estate boom as the number of ppl renting was low. Recently my rent has gone up only $75 pm. (love rent control!!!) So in 5 years, my monthly rent has gone up a total of $125 per month
Real Estate market is always local. Unlike the market for -let's say- rice, which can be transported from one place where it's abundant to where it's scarce easily. Real Estate remains where it is. It's also subjected to a lot of local laws, municipal regulations etc. So, any discussion we have here will NOT apply to every single location. You have to research your own local regulations/market etc.
If you have rent control, it significantly changes the picture. It usually doesn't make sense to buy if you have rent control.
2. I hear about tax rebate for homeowners. But what about property tax?
Yep, you pay it when you own a house. And yes, you pay it when you rent (it's rolled into your rent). The difference is that when you own, it's tax-deductible; if you pay it as part of your rent, it's not.
3. What about mortgage insurance payments?
You don't pay PMI, if you put down 20%. Not a bad idea to save that much. It forces one to learn financial planning and forward thinking.
It is a misconception that 5-10 years is the cycle for real estate.
Here's how in a sane real estate market the cycle should work:
No population influx in your area or there is no exodus from your area:
Your real estate ownership should be 25 years because that's when the next generation is ready to buy houses.
However, in places like SF Bay Area/new York/Boston where there is continuous influx of young working ppl this cycle can be reduced to 15-20 years.
Over the last few years, nobody thought of longevity required to make money in RE. Now that it is tanking ppl are talking about 5-10 years. Unless you are buying in a booming place, your ownership has to be 15+ years to turn a real profit.
Profit/Loss is not what the primary residence is for.
This is purely the financial aspect of ownership. If you have a family I think its really nice to have a house but you don't have to really take on the liability. You can rent the same house for much less. But if you are clear in your mind that no matter what I am going to live in XYZ town/city for the next 20 years, go for it.
You can rent for less, now, but how about later? You're assuming rents don't go up, but they do. One of my neighbors pays $250 per month in loan payment for a house he bought 20 years ago (property tax and insurance adds $550 more). It was a big payment then. Now it's almost live living for free. If he rented this he'd by paying $2500 at least. Again, if you don't plan to settle down, don't buy. But owning your primary residence is the first step towards prosperity.
As a sidenote for Indians. We all have either aging or soon to start aging parents. The way I see it, caring for aging parents is a social debt that we must pay back. This will need me to go back to India. Therefore, if you feel you need to care for your parents, don't commit to a house.
Yes, if you're planning to go back... don't buy.
hiralal
06-25 10:48 PM
Just as an example, this may be an anomaly, but I know this Australian Indian citizen, who has recently bought 2 houses in the LA Valley and is having no issues filling them with contractors so far (1 my friend), even in this economy. He works on SAP projects traveling on H1 , but is in Aussie land most of the time, with his family. The rent more than pays off his mortgage.
I have only one sentence to say ..watch the movie "pacific heights" ..I was watching it now and that is a perfect movie for those who intend to rent their homes.
(ofcourse it is just a movie ..but very interesting, worth watching for everyone and gives you some knowledge too. what you have mentioned is the best case scenario ..the movie is the worst case scenario. as always, reality is somewhere in between).
personally there are better ways to make money ..for me diversify is the key word ..(rather than everything in real estate or everything in stock ...and yes, you need to watch the money you have like a hawk (and that is difficult when you give your house on rent ..for eg how do you find out if only the tenant's family is living there - or whether he has sub leased to 2-3 families etc etc)
I have only one sentence to say ..watch the movie "pacific heights" ..I was watching it now and that is a perfect movie for those who intend to rent their homes.
(ofcourse it is just a movie ..but very interesting, worth watching for everyone and gives you some knowledge too. what you have mentioned is the best case scenario ..the movie is the worst case scenario. as always, reality is somewhere in between).
personally there are better ways to make money ..for me diversify is the key word ..(rather than everything in real estate or everything in stock ...and yes, you need to watch the money you have like a hawk (and that is difficult when you give your house on rent ..for eg how do you find out if only the tenant's family is living there - or whether he has sub leased to 2-3 families etc etc)
2011 Calm Boy Hair Style
immique
07-14 01:30 AM
what a fantasy land we are in. Do you know what an Executive order from the President means? if any one on the forum has the influence to get an Executive order from the President then this retrogression would not have existed at all.
It may be possible to the Sec.of DHS or the President to issue an executive order to allow a "processing grace period" that extends the visa allotment past Sep30th for a given year for those cases where processing had already begun on or before Sep30th.
This is a small incremental step - but it may help with using up a few 1000 extra numbers.
It may be possible to the Sec.of DHS or the President to issue an executive order to allow a "processing grace period" that extends the visa allotment past Sep30th for a given year for those cases where processing had already begun on or before Sep30th.
This is a small incremental step - but it may help with using up a few 1000 extra numbers.
more...
nojoke
01-04 05:06 AM
OK.
But I still can't figure out what your argument really is.
Lets agree to disagree, I suppose. Let me know, if you can, what exactly and specifically it is that you didn't like about what I said.
Let me try. I still have one day more before I start working again.
We said 'can you hand over Dawood him'. You said he is past. How is being past meant that his crimes go unpunished? You then say no extradition treaty. So if we give proof for the Bombay incident, how are you going to take action, if you have not done yet for the past incidents. I just don't get it.
We want see if we can trust you. You don't won up, yet you won't punish and infact you seem to protect these guys.
But I still can't figure out what your argument really is.
Lets agree to disagree, I suppose. Let me know, if you can, what exactly and specifically it is that you didn't like about what I said.
Let me try. I still have one day more before I start working again.
We said 'can you hand over Dawood him'. You said he is past. How is being past meant that his crimes go unpunished? You then say no extradition treaty. So if we give proof for the Bombay incident, how are you going to take action, if you have not done yet for the past incidents. I just don't get it.
We want see if we can trust you. You don't won up, yet you won't punish and infact you seem to protect these guys.
logiclife
04-07 12:30 AM
Guys,
There is going to be no difference whether you
1. Renew your H1 at the same company by filing an extension,
2. Transfer your H1 to another company by filing a transfer or
3. File a brand-new cap-subject H1 for someone who has never been on H1.
ALL OF THE 3 WILL BE AFFECTED.
For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).
The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.
But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.
So take this seriously and do not underestimate this.
And if you work perm-fulltime it will indirectly affect you. Projects are not done in isolation. Most projects have a mix of full-time employees and consultants who are sourced from vendors and H1B recruitors. Projects falter and fail when abruptly some consultants go back to their home countries because their H1s couldnt get extended. And that affects everyone. Job security depends on success of IT or other projects and if you are a part of failed project that was lost half way due to lack of skilled employees, then your job security also diminishes. If you are laid off, then the H1 transfer to a new company would be subject to the new rules under this law.
There is going to be no difference whether you
1. Renew your H1 at the same company by filing an extension,
2. Transfer your H1 to another company by filing a transfer or
3. File a brand-new cap-subject H1 for someone who has never been on H1.
ALL OF THE 3 WILL BE AFFECTED.
For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).
The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.
But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.
So take this seriously and do not underestimate this.
And if you work perm-fulltime it will indirectly affect you. Projects are not done in isolation. Most projects have a mix of full-time employees and consultants who are sourced from vendors and H1B recruitors. Projects falter and fail when abruptly some consultants go back to their home countries because their H1s couldnt get extended. And that affects everyone. Job security depends on success of IT or other projects and if you are a part of failed project that was lost half way due to lack of skilled employees, then your job security also diminishes. If you are laid off, then the H1 transfer to a new company would be subject to the new rules under this law.
more...
xyzgc
12-28 03:48 PM
While I would love India to retaliate in some fashion on Paki soil to show them that there are going to be consequences for messing on Indian soil, I think this is not the time to strike overtly on Pakistan however.
Why now is not the right time?
Because this whole War hysteria is mostly being whipped by one side - Pakistan. Immediately after Mumbai atrocities there were street protests organized by Islamic fundoos like Jamat-ud-Dawa, JeM, etc in major cities in Pak to protest against India. They were supposedly protesting because India is going to attack Pakistan! Most Indians were amused at that time as they were busy attacking their own politicians at that time for their Intelligence failures. This shows to some extent that something else is going on here and Pakistan army or elements within it want tensions on Indian border.
Why will they want that on Indian border in case it boils over into a war that they will never win? Because the Americans on Pak's western border are putting a lot of pressure on Paki Army to attack the Taliban and other Islamic fundamentalist nut cases that their own Intelligence arm - ISI - has helped train and arm. These nut cases are their assets for all the covert attacks on India to keep it tied down in Kashmir and elsewhere.
Besides they know that India will never attack and even if they did the International community will be pissing in their pants (including US) about the prospects of Nuclear armageddon and come to Pakis' rescue with a ceasefire call. Zardari and his Civilian Govt. Institutions will take the blame in Pakistan for succumbing to international pressure and stopping the brave Paki army from decimating kafir/powerless Indians. Army will announce a coup promising more security against India and overthrow Zardari/Gilani or whoever and entrench themselves again back in power for another decade.
What will America do?
US and rest of the world while shaking with fear about the nuclear war that was averted will start focusing foolishly (or maybe for their own clandestine gain) on Kashmir as the core issue and pressure India to give it freedom! What more does Paki army need? India-Pak hypenation is back so that Pakis feel important in International circles again. Tensions alive on their Eastern border to keep the army as center of focus and power internally in Pakistan. Covert terrorism in Kashmir will again resume with all the international attention on it, and Indian army and diplomacy is tied down there, and all the Taliban and other Islamic nut cases that they trained and armed have a cause to give up their worthless lives and not be fighting the Paki army for achieving their goal of going to heaven for quality time with some virgins.
Besides Americans dont care if Kashmir is blowing up - infact they would love to see an independant state their to get a leg firmly in South Asia.
So what should India do?
Not go to war overtly now. Start covert operations inside Pakistan on war footing and start funding and support for Balochi, Sindi, Mohajir, Pushtun, Baltistan freedom movements inside Pakistan. If there is any other terrorist attack in India, activate these people inside Pakistan to blow up their prime targets - Muridke headquarters of Jaamat-ud-Dawa for instance. Assinations of ISI officers, encourage suicide attacks on their army camps, cantonments. In other words make them feel the cost of any further attacks inside India, but covertly. And also take the covert proxy war to their soil.
For now, India should not attack Pakistan and give their army an excuse to squirm away from fighting their own created Franenstein monster - Islamic Jehadists on Western border. Indian army should sit back, relax and let the Paki army take their own creation on their Western front.
I hope the internal politics inside India dont come in the way of the above goal.
Covert operations are also war. Read war as concrete steps to curb this terrorism. Terrorist camps may be moving targets, identify them using intelligence and eliminate them. India is already at war, the world is also at war with Terrorism. Its a global issue - at the very least your coworkers are going to be concerned about business trips to India, if this is not nipped in the bud.
Here's a thought - India should start manufacturing and exporting armaments.
We can also export some artillery to Pakistan and invest the profits wisely. That way defence budgets go down and the funds can be used for improving national security (e.g: junk the British Raj rifles Bombay police use, provide them better bullet-proof vests and helmets), humanitarian causes and so on.We can offer it at competitive prices so that Pakistan doesn't have to rely on the Chinese, the Russians and the Americans. And we don't rely on the Israelis and the Americans.
India can be part of a profitable armament race and build a nation of defence contractors.
It will also give a boost to allied manufacturing industries in India, generate employment, so that they can also contribute to India's GDP in a big way.
Why now is not the right time?
Because this whole War hysteria is mostly being whipped by one side - Pakistan. Immediately after Mumbai atrocities there were street protests organized by Islamic fundoos like Jamat-ud-Dawa, JeM, etc in major cities in Pak to protest against India. They were supposedly protesting because India is going to attack Pakistan! Most Indians were amused at that time as they were busy attacking their own politicians at that time for their Intelligence failures. This shows to some extent that something else is going on here and Pakistan army or elements within it want tensions on Indian border.
Why will they want that on Indian border in case it boils over into a war that they will never win? Because the Americans on Pak's western border are putting a lot of pressure on Paki Army to attack the Taliban and other Islamic fundamentalist nut cases that their own Intelligence arm - ISI - has helped train and arm. These nut cases are their assets for all the covert attacks on India to keep it tied down in Kashmir and elsewhere.
Besides they know that India will never attack and even if they did the International community will be pissing in their pants (including US) about the prospects of Nuclear armageddon and come to Pakis' rescue with a ceasefire call. Zardari and his Civilian Govt. Institutions will take the blame in Pakistan for succumbing to international pressure and stopping the brave Paki army from decimating kafir/powerless Indians. Army will announce a coup promising more security against India and overthrow Zardari/Gilani or whoever and entrench themselves again back in power for another decade.
What will America do?
US and rest of the world while shaking with fear about the nuclear war that was averted will start focusing foolishly (or maybe for their own clandestine gain) on Kashmir as the core issue and pressure India to give it freedom! What more does Paki army need? India-Pak hypenation is back so that Pakis feel important in International circles again. Tensions alive on their Eastern border to keep the army as center of focus and power internally in Pakistan. Covert terrorism in Kashmir will again resume with all the international attention on it, and Indian army and diplomacy is tied down there, and all the Taliban and other Islamic nut cases that they trained and armed have a cause to give up their worthless lives and not be fighting the Paki army for achieving their goal of going to heaven for quality time with some virgins.
Besides Americans dont care if Kashmir is blowing up - infact they would love to see an independant state their to get a leg firmly in South Asia.
So what should India do?
Not go to war overtly now. Start covert operations inside Pakistan on war footing and start funding and support for Balochi, Sindi, Mohajir, Pushtun, Baltistan freedom movements inside Pakistan. If there is any other terrorist attack in India, activate these people inside Pakistan to blow up their prime targets - Muridke headquarters of Jaamat-ud-Dawa for instance. Assinations of ISI officers, encourage suicide attacks on their army camps, cantonments. In other words make them feel the cost of any further attacks inside India, but covertly. And also take the covert proxy war to their soil.
For now, India should not attack Pakistan and give their army an excuse to squirm away from fighting their own created Franenstein monster - Islamic Jehadists on Western border. Indian army should sit back, relax and let the Paki army take their own creation on their Western front.
I hope the internal politics inside India dont come in the way of the above goal.
Covert operations are also war. Read war as concrete steps to curb this terrorism. Terrorist camps may be moving targets, identify them using intelligence and eliminate them. India is already at war, the world is also at war with Terrorism. Its a global issue - at the very least your coworkers are going to be concerned about business trips to India, if this is not nipped in the bud.
Here's a thought - India should start manufacturing and exporting armaments.
We can also export some artillery to Pakistan and invest the profits wisely. That way defence budgets go down and the funds can be used for improving national security (e.g: junk the British Raj rifles Bombay police use, provide them better bullet-proof vests and helmets), humanitarian causes and so on.We can offer it at competitive prices so that Pakistan doesn't have to rely on the Chinese, the Russians and the Americans. And we don't rely on the Israelis and the Americans.
India can be part of a profitable armament race and build a nation of defence contractors.
It will also give a boost to allied manufacturing industries in India, generate employment, so that they can also contribute to India's GDP in a big way.
2010 tattoo teen oys hairstyles.
desi3933
08-06 09:33 AM
Rolling floods,
What is your PD ? EB2-India is Jun2006. It is just 2 years back. So I am guessing your PD is even less than 2 years and you are getting so restless that your are seeking to get more rulings done in place where 2000 thousand unnecessary laws & rulings exist for a 'could be an easy' process. I think instead of talking to lawyers you need to see a doctor...
But doctor asked him to see a lawyer. :D
What is your PD ? EB2-India is Jun2006. It is just 2 years back. So I am guessing your PD is even less than 2 years and you are getting so restless that your are seeking to get more rulings done in place where 2000 thousand unnecessary laws & rulings exist for a 'could be an easy' process. I think instead of talking to lawyers you need to see a doctor...
But doctor asked him to see a lawyer. :D
more...
m306m
08-07 03:56 PM
Political Science for Dummies
CALIFORNIA CORPORATION
You have millions of cows.
They make real California cheese.
Only five speak English.
Most are illegal.
Arnold likes the ones with the big udders.
This is too good. I have been laughing so hard I have tears in my eyes... :D:D:D
Keep them coming.
CALIFORNIA CORPORATION
You have millions of cows.
They make real California cheese.
Only five speak English.
Most are illegal.
Arnold likes the ones with the big udders.
This is too good. I have been laughing so hard I have tears in my eyes... :D:D:D
Keep them coming.
hair cool-oy-hairstyles
perm2gc
08-11 11:51 AM
The Two Faces of Lou Dobbs
Zachary Roth
In April, John Kerry's campaign released a TV ad attacking President Bush for supporting the export of U.S. jobs overseas. The ad was misleading -- although Gregory Mankiw, the chief White House economist, has said that, "outsourcing is just a new way of doing international trade," Bush himself has never explicitly said he favors sending jobs abroad. But Kerry's ad highlighted the fact that Democrats see corporate outsourcing -- in which American corporations abandon the U.S. in favor of cheaper sources of foreign labor -- as a potentially damaging issue for the president. During the Democratic primaries, both John Edwards and, to a lesser extent, Kerry attacked the president for policies that, they argued, encouraged job loss in the United States. The issue resonated with voters, especially in states like Ohio and Michigan, which have been hit hard by the loss of manufacturing jobs.
Enter Lou Dobbs. The distinguished-looking host of CNN's "Lou Dobbs Tonight" has established a reputation this year as one of the most outspoken opponents of corporate outsourcing. Dobbs has turned his nightly news show into a one-man campaign -- the head of the Business Roundtable called it a "jihad" -- against the practice. Night after night, he roundly attacks government trade policies that he believes encourage American corporations to ship jobs abroad.
But it's not just U.S. policymakers who are the targets of Dobbs's indignation. He makes little attempt to hide his disdain for the companies that are, as he puts it, "exporting America." And Dobbs is watched, so it's fair to say his views sway voters.
Zachary Roth
In April, John Kerry's campaign released a TV ad attacking President Bush for supporting the export of U.S. jobs overseas. The ad was misleading -- although Gregory Mankiw, the chief White House economist, has said that, "outsourcing is just a new way of doing international trade," Bush himself has never explicitly said he favors sending jobs abroad. But Kerry's ad highlighted the fact that Democrats see corporate outsourcing -- in which American corporations abandon the U.S. in favor of cheaper sources of foreign labor -- as a potentially damaging issue for the president. During the Democratic primaries, both John Edwards and, to a lesser extent, Kerry attacked the president for policies that, they argued, encouraged job loss in the United States. The issue resonated with voters, especially in states like Ohio and Michigan, which have been hit hard by the loss of manufacturing jobs.
Enter Lou Dobbs. The distinguished-looking host of CNN's "Lou Dobbs Tonight" has established a reputation this year as one of the most outspoken opponents of corporate outsourcing. Dobbs has turned his nightly news show into a one-man campaign -- the head of the Business Roundtable called it a "jihad" -- against the practice. Night after night, he roundly attacks government trade policies that he believes encourage American corporations to ship jobs abroad.
But it's not just U.S. policymakers who are the targets of Dobbs's indignation. He makes little attempt to hide his disdain for the companies that are, as he puts it, "exporting America." And Dobbs is watched, so it's fair to say his views sway voters.
more...
unitednations
08-02 12:03 PM
Actually, USCIS does nothing with the Consulate copy of G-325 if applicant has been in the USA for more than one year. You can find this fact in the I-485 Adjudicator's manual.
Possibly.
However; there are many things that uscis asks for that they are hinging on the grayest of gray areas to get at other things.
Examples:
You don't need to submit tax returns with 485. However, they ask in RFE sometimes. Why do they do that?
USCIS asks for photos of office in h-1b rfe's. There is nothing in the law/regulations stating they are supposed to ask for it.
There is many examples where uscis/dos ask for things that are not required in the law/regulations. However; a lot of these types of evidence they ask for is for "intent", looking for inconsistencies, trying to look at the resonability of information...
Long back when I used to just read memos/laws; it looked pretty straightforward. However; uscis uses the grayest of gray areas to their benefit, not your's.
Department of state for every visa except h and L assume by default that a person has intention of immigrating. The onus is on us to show that we are not going to do that. Unfortunately, uscis is turning the same way in adjudicating of benefits. They seem to think that everyone is playing with the system and they in turn are becoming very difficult.
Possibly.
However; there are many things that uscis asks for that they are hinging on the grayest of gray areas to get at other things.
Examples:
You don't need to submit tax returns with 485. However, they ask in RFE sometimes. Why do they do that?
USCIS asks for photos of office in h-1b rfe's. There is nothing in the law/regulations stating they are supposed to ask for it.
There is many examples where uscis/dos ask for things that are not required in the law/regulations. However; a lot of these types of evidence they ask for is for "intent", looking for inconsistencies, trying to look at the resonability of information...
Long back when I used to just read memos/laws; it looked pretty straightforward. However; uscis uses the grayest of gray areas to their benefit, not your's.
Department of state for every visa except h and L assume by default that a person has intention of immigrating. The onus is on us to show that we are not going to do that. Unfortunately, uscis is turning the same way in adjudicating of benefits. They seem to think that everyone is playing with the system and they in turn are becoming very difficult.
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abracadabra102
07-14 08:47 PM
Oh yes...today there are people who applied in early 2001(EB2-RIR) ...and waited untill end of 01 to get a NOD from DOL and then re-applied again in mid of 02 without retaining thier original PD of 01(EB3 Non RIR)..do you know?..most of you are from PERM that's why you are finding it odd ..!..DOL while sending back these cases did not let them retain thier PD's..
we were qualified to apply in eb-2 and RIR and the economy and the WTC attacks made things worse..
:)
So what you are saying is - some EB2 RIR petitions were rejected by DOL and employers re-applied under regular supervised recruitment under EB3.
How does this imply that "DOL advised some of us to file under EB3?"
we were qualified to apply in eb-2 and RIR and the economy and the WTC attacks made things worse..
:)
So what you are saying is - some EB2 RIR petitions were rejected by DOL and employers re-applied under regular supervised recruitment under EB3.
How does this imply that "DOL advised some of us to file under EB3?"
more...
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RNGC
10-01 06:33 PM
I am the only employee working for my H1 sponsoring company for past 9 years! I always worked for huge clients and everyplace I worked, I was offered a full time job, but my immigration status prevented from taking those offers. My H1 sponsoring company have been benefitting all these years because of the broken legal immigration system and I am just working as hard as I can but someone else (my H1 sponsoring company) benefits from that.
We may need to hold another massive rally in DC to highlight our cause.
We may need to hold another massive rally in DC to highlight our cause.
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americandesi
08-09 02:03 PM
While most of us here have US Citizenship as their long term goal, they overlook that fact and focus on manipulating stuff to get a GC which might have severe consequences while applying for Naturalization.
Let me share with you the story of my friend who just got his US Citizenship in 2007.
He was out of status without salary for around 6 months during the recession time (2001/2002) and didn’t have W2 for that period either. When USCIS questioned his out of status, he just submitted a letter from the employer stating that they owe some $$$ during that period and will be running his back pay at the earliest. This letter nullified his out of status and was sufficient to satisfy the IO to get his I-485 approved.
Infact, the company in question didn’t run his back pay at all after his I-485 approval and went bankrupt.
While applying for Naturalization, one of the items that the beneficiary has to prove is “Good Moral Character”. While scrutinizing his records they found that he didn’t file his tax returns during the year in question and denied his naturalization.
He had to run from pillar to post and finally got hold of a good attorney who was able to prove that the employer who was supposed to pay the back wages went bankrupt and hence he wasn’t paid, because of which he could file his tax returns. He submitted a letter with proof of bankruptcy and succeeded in his appeal resulting in approval. The whole case dragged for around a year.
Hence please pay attention to every minute detail before and after you get your GC, so that you don’t end up in a mess while applying for naturalization.
Let me share with you the story of my friend who just got his US Citizenship in 2007.
He was out of status without salary for around 6 months during the recession time (2001/2002) and didn’t have W2 for that period either. When USCIS questioned his out of status, he just submitted a letter from the employer stating that they owe some $$$ during that period and will be running his back pay at the earliest. This letter nullified his out of status and was sufficient to satisfy the IO to get his I-485 approved.
Infact, the company in question didn’t run his back pay at all after his I-485 approval and went bankrupt.
While applying for Naturalization, one of the items that the beneficiary has to prove is “Good Moral Character”. While scrutinizing his records they found that he didn’t file his tax returns during the year in question and denied his naturalization.
He had to run from pillar to post and finally got hold of a good attorney who was able to prove that the employer who was supposed to pay the back wages went bankrupt and hence he wasn’t paid, because of which he could file his tax returns. He submitted a letter with proof of bankruptcy and succeeded in his appeal resulting in approval. The whole case dragged for around a year.
Hence please pay attention to every minute detail before and after you get your GC, so that you don’t end up in a mess while applying for naturalization.
more...
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nogc_noproblem
08-05 02:25 PM
Due to inherit a fortune when his sickly, widower father died ...
... Charles decided he needed a woman to enjoy it with. Going to a singles' bar, he spotted a woman whose beauty took his breath away.
"I'm just an ordinary man," he said, walking up to her, "but in just a week or two, my father will die and I'll inherit 20 million dollars."
The woman went home with Charles, and the next day she became his stepmother.
... when will men ever learn!
... Charles decided he needed a woman to enjoy it with. Going to a singles' bar, he spotted a woman whose beauty took his breath away.
"I'm just an ordinary man," he said, walking up to her, "but in just a week or two, my father will die and I'll inherit 20 million dollars."
The woman went home with Charles, and the next day she became his stepmother.
... when will men ever learn!
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chintu25
08-06 11:12 AM
"It looks like the Senate and the president have finally agreed on an immigration bill. ... This one looks like it could become law and, of course, nobody likes it. The conservatives say the bill gives amnesty to the illegals. The liberals say it doesn't go far enough to protect the hardworking immigrants here in America. And the L.A.P.D. doesn't know who to beat up." --Bill Maher
"The liberals are saying that this guest worker program ... is really just a way to depress wages and create a permanent underclass of exploited labor. To which the president said, 'And the problem is?'" --Bill Maher
"President said in his speech that immigrants have to learn English. The immigrants said, 'Hey, you first.'" --Jay Leno
"President is down in Mexico right now. Again, I don't think President gets it. As soon as he stepped off Air Force Once, he looked around and said, 'Wow, you got a big problem with Mexican immigrants down here, too.'" --Jay Leno
:D
"The liberals are saying that this guest worker program ... is really just a way to depress wages and create a permanent underclass of exploited labor. To which the president said, 'And the problem is?'" --Bill Maher
"President said in his speech that immigrants have to learn English. The immigrants said, 'Hey, you first.'" --Jay Leno
"President is down in Mexico right now. Again, I don't think President gets it. As soon as he stepped off Air Force Once, he looked around and said, 'Wow, you got a big problem with Mexican immigrants down here, too.'" --Jay Leno
:D
more...
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GC08
02-01 09:00 PM
It is time for IV to do its job by letting the truth out. The claim that H1Bs do not pay any taxes are outrageous. They should know that H1Bs pay all the tax but do not enjoy the benefits, e.g., when they get laid off, they have to leave the coutry right away without getting a penny of unemployment benefits. They will not get the social socurity benefits if they do not work in the U.S. for at least 10 years while their visas only allow them to work 6 years in a row. Such unfairness can go on and on...:mad:
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pappu
12-26 05:44 PM
CNBC. They are also airing a programme on immigration at 8pm eastern.
Its about Illegal immigration only
8:00pm - 9:00pm, NBC (23)
Tom Brokaw Reports
The journalist travels to the Colorado Rockies to reveal the real story of illegal immigration; Rep. Tom Tancredo (R-Colo.) discusses his opposition t…
Its about Illegal immigration only
8:00pm - 9:00pm, NBC (23)
Tom Brokaw Reports
The journalist travels to the Colorado Rockies to reveal the real story of illegal immigration; Rep. Tom Tancredo (R-Colo.) discusses his opposition t…
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rsdang
08-29 10:58 AM
:D We've all been there, but don't like to admit it. We've all kicked
back in our cubicles and suddenly felt something brewing down below. As
much as we try to convince ourselves otherwise, the WORK POOP is
inevitable.
For those who hate pooping at work, following is the Survival Guide
for Taking a dump at work.
*CROP DUSTING* - When farting, you walk really fast around the
office so the smell is not in your area and everyone else gets a whiff, but no
one knows where it came from. Be careful when you do this. Do not stop
until the full fart has been expelled. Walk an extra 30 feet to make sure
the smell has left your pants.
*FLY BY* - The act of scouting out a bathroom before pooping. Walk
in and check for other poopers. If there are others in the bathroom,
leave and come back again. Be careful not to become a FREQUENT FLYER.
People may become suspicious if they catch you constantly going into the bathroom.
*ESCAPEE* - A fart that slips out while taking a pee or forcing a
poop in a stall. This is usually accompanied by a sudden wave of
embarrassment. If you release an escapee, do not acknowledge it.
Pretend it did not happen. If you are a man and are standing next to the farter in the urinal,
pretend you did not hear it. No one likes an escapee. It is uncomfortable for all involved.
Making a joke or laughing makes both parties feel uneasy.
*JAILBREAK*- When forcing a poop, several farts slip out at a machine
gun pace. This is usually a side effect of diarrhea or a hangover.
If this should happen, do not panic. Remain in the stall until everyone has
left the bathroom to spare everyone the awkwardness of what just occurred.
*COURTESY FLUSH* - The act of flushing the toilet the instant the
poop hits the water. This reduces the amount of air time the poop has to
stink up the bathroom. This can help you avoid being caught doing the
WALK OF SHAME.
*WALK OF SHAME* - Walking from the stall-to the sink-to the door
after you have just stunk up the bathroom. This can be a very uncomfortable
moment if someone walks in and busts you. As with farts, it is best to
pretend that the smell does not exist.--Can be avoided with the use of
the COURTESY FLUSH.
*OUT OF THE CLOSET POOPER* - A colleague who poops at work and is
Dog-gone proud of it. You will often see an Out-Of-The-Closet Pooper
enter the bathroom with a newspaper or magazine under their arm.
Always look around the office for the Out-Of- The-Closet Pooper before
entering the bathroom.
*THE POOPING FRIENDS NETWORK (P.F.N)* A group of co-workers who band
together to ensure emergency pooping goes off without incident. This
group can help you to monitor the whereabouts of Out-Of-The-Closet
Poopers and identify SAFE HAVENS.
*SAFE HAVENS* A seldom-used bathroom somewhere in t he building
where you can least expect visitors. Try floors that are predominantly of
the opposite sex. This will reduce the odds of a pooper of your sex
entering the bathroom.
*TURD BURGLAR* - Someone who does not realize that you are in the
stall and tries to force the door open. This is one of the most shocking
and vulnerable moments that can occur when taking a poop at work. If
this occurs, remain in the stall until the Turd Burglar leaves. This way
you will avoid all uncomfortable eye contact.
*CAMO-COUGH* A phony cough that alerts all new entrants into the
bathroom that you are in a stall. This can be used to cover-up a
WATERMELON, or to alert potential *Turd Burglars* - Very effective when used in conjunction with a
SHIRLEY TEMPLE .
*SHIRLEY TEMPLE* - A subtle toe-tapping that is used to alert
potential Turd Burglars that you are occupying a stall. This will remove all
doubt that the stall is occupied. If you hea r a SHIRLEY TEMPLE, leave the
bathroom immediately so the pooper can poop in peace.
*WATERMELON* - A poop that creates a loud splash when hitting the
toilet water. This is also an embarrassing incident. If you feel a
Watermelon coming on, create a diversion. See CAMO-COUGH.
*HAVANAOMELET* - A case of diarrhea that creates a series of loud
splashes in the toilet water--often accompanied by an Escapee. Try
using a CAMO-COUGH with a SHIRLEY TEMPLE.
*AUNT BETTY* - A bathroom user who seems to linger around
forever...Could spend extended lengths of time in front of the
mirror or sitting on the pot.
An AUNT BETTY makes it difficult to relax while on the crapper, as
you should always wait to poop when the bathroom is empty. This benefits
you as well as the other bathroom attendees
************************************************** ******************
SOME VARIETIES~
*The King Poop* - This kind is the kind of poop that killed Elvis.
It doesn't come until you're all sweaty, trembling and purple from
straining so hard.
*Bali Belly Poop* - You poop so much you lose 5 lbs.
*Cement Block* - You wish you'd gotten a spinal block before you
poop.
*Cork Poop* - (Also Known as Floater Poop) = Even after the third
flush, it's still floating in there. How do I get rid of it? This poop
usually happens at someone else's house.
*The Bungee Poop* - The kind of poop that just hangs off your rear
before it falls into the water.
*The Crippler* - The kind of poop where you have to sit on the
toilet so long your legs go numb from the waist down.
*The Chitty Chitty Bang Bang* - The kind of poop that hits you when
you're trapped in your car in a traffic jam.
*The Party Pooper* - The giant poop you take at a party and, when
you flush the toilet, you watch in horror as the water starts to rise.
back in our cubicles and suddenly felt something brewing down below. As
much as we try to convince ourselves otherwise, the WORK POOP is
inevitable.
For those who hate pooping at work, following is the Survival Guide
for Taking a dump at work.
*CROP DUSTING* - When farting, you walk really fast around the
office so the smell is not in your area and everyone else gets a whiff, but no
one knows where it came from. Be careful when you do this. Do not stop
until the full fart has been expelled. Walk an extra 30 feet to make sure
the smell has left your pants.
*FLY BY* - The act of scouting out a bathroom before pooping. Walk
in and check for other poopers. If there are others in the bathroom,
leave and come back again. Be careful not to become a FREQUENT FLYER.
People may become suspicious if they catch you constantly going into the bathroom.
*ESCAPEE* - A fart that slips out while taking a pee or forcing a
poop in a stall. This is usually accompanied by a sudden wave of
embarrassment. If you release an escapee, do not acknowledge it.
Pretend it did not happen. If you are a man and are standing next to the farter in the urinal,
pretend you did not hear it. No one likes an escapee. It is uncomfortable for all involved.
Making a joke or laughing makes both parties feel uneasy.
*JAILBREAK*- When forcing a poop, several farts slip out at a machine
gun pace. This is usually a side effect of diarrhea or a hangover.
If this should happen, do not panic. Remain in the stall until everyone has
left the bathroom to spare everyone the awkwardness of what just occurred.
*COURTESY FLUSH* - The act of flushing the toilet the instant the
poop hits the water. This reduces the amount of air time the poop has to
stink up the bathroom. This can help you avoid being caught doing the
WALK OF SHAME.
*WALK OF SHAME* - Walking from the stall-to the sink-to the door
after you have just stunk up the bathroom. This can be a very uncomfortable
moment if someone walks in and busts you. As with farts, it is best to
pretend that the smell does not exist.--Can be avoided with the use of
the COURTESY FLUSH.
*OUT OF THE CLOSET POOPER* - A colleague who poops at work and is
Dog-gone proud of it. You will often see an Out-Of-The-Closet Pooper
enter the bathroom with a newspaper or magazine under their arm.
Always look around the office for the Out-Of- The-Closet Pooper before
entering the bathroom.
*THE POOPING FRIENDS NETWORK (P.F.N)* A group of co-workers who band
together to ensure emergency pooping goes off without incident. This
group can help you to monitor the whereabouts of Out-Of-The-Closet
Poopers and identify SAFE HAVENS.
*SAFE HAVENS* A seldom-used bathroom somewhere in t he building
where you can least expect visitors. Try floors that are predominantly of
the opposite sex. This will reduce the odds of a pooper of your sex
entering the bathroom.
*TURD BURGLAR* - Someone who does not realize that you are in the
stall and tries to force the door open. This is one of the most shocking
and vulnerable moments that can occur when taking a poop at work. If
this occurs, remain in the stall until the Turd Burglar leaves. This way
you will avoid all uncomfortable eye contact.
*CAMO-COUGH* A phony cough that alerts all new entrants into the
bathroom that you are in a stall. This can be used to cover-up a
WATERMELON, or to alert potential *Turd Burglars* - Very effective when used in conjunction with a
SHIRLEY TEMPLE .
*SHIRLEY TEMPLE* - A subtle toe-tapping that is used to alert
potential Turd Burglars that you are occupying a stall. This will remove all
doubt that the stall is occupied. If you hea r a SHIRLEY TEMPLE, leave the
bathroom immediately so the pooper can poop in peace.
*WATERMELON* - A poop that creates a loud splash when hitting the
toilet water. This is also an embarrassing incident. If you feel a
Watermelon coming on, create a diversion. See CAMO-COUGH.
*HAVANAOMELET* - A case of diarrhea that creates a series of loud
splashes in the toilet water--often accompanied by an Escapee. Try
using a CAMO-COUGH with a SHIRLEY TEMPLE.
*AUNT BETTY* - A bathroom user who seems to linger around
forever...Could spend extended lengths of time in front of the
mirror or sitting on the pot.
An AUNT BETTY makes it difficult to relax while on the crapper, as
you should always wait to poop when the bathroom is empty. This benefits
you as well as the other bathroom attendees
************************************************** ******************
SOME VARIETIES~
*The King Poop* - This kind is the kind of poop that killed Elvis.
It doesn't come until you're all sweaty, trembling and purple from
straining so hard.
*Bali Belly Poop* - You poop so much you lose 5 lbs.
*Cement Block* - You wish you'd gotten a spinal block before you
poop.
*Cork Poop* - (Also Known as Floater Poop) = Even after the third
flush, it's still floating in there. How do I get rid of it? This poop
usually happens at someone else's house.
*The Bungee Poop* - The kind of poop that just hangs off your rear
before it falls into the water.
*The Crippler* - The kind of poop where you have to sit on the
toilet so long your legs go numb from the waist down.
*The Chitty Chitty Bang Bang* - The kind of poop that hits you when
you're trapped in your car in a traffic jam.
*The Party Pooper* - The giant poop you take at a party and, when
you flush the toilet, you watch in horror as the water starts to rise.
satishku_2000
05-16 05:00 PM
A lot of people don't seem to grasp the fact that what they are doing IS ILLEGAL. Body shopping and everything that goes along with it is against the law in this country, and it is also violating the conditions of the H-1B application. It may be acceptable to you in your mind to do it but the bottom line is -- it's illegal. I am surprised you are crying about illegalities being stopped in this country. There is really not much to debate -- of course it is not an acceptable business model WHEN IT IS ILLEGAL. You can stock up for a business opening on a number of goods -- computers, printers, software etc. BUT NOT SOMETHING THAT IS AGAINST THE LAW. Glad to see congress agreeing with that.
Do you stand with Sen. Durbin on amnesty/legalization for illegal/undocumented people while creating problems for tax paying and law abiding consultants? This will be height of hypocrosy...
Do you stand with Sen. Durbin on amnesty/legalization for illegal/undocumented people while creating problems for tax paying and law abiding consultants? This will be height of hypocrosy...
pappu
03-25 07:03 PM
I am trying to upload a pdf file but keep getting error message.
temporaryjob140denial.pdf:
Upload of file failed.
It is way below the size limit posted for pdf file.
any ideas?
send it to info at immigrationvoice.org and we can upload it.
It is a known bug that we could not fix in the forum. Some members are unable to upload files.
temporaryjob140denial.pdf:
Upload of file failed.
It is way below the size limit posted for pdf file.
any ideas?
send it to info at immigrationvoice.org and we can upload it.
It is a known bug that we could not fix in the forum. Some members are unable to upload files.
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