desi3933
08-05 03:33 PM
....
I am glad you took your post after I placed details about the law.
I am glad you took your post after I placed details about the law.
wallpaper lebron james dunk vs magic
DallasBlue
09-29 07:22 PM
USINPAC and AJC should support us for talented future lobbyists. :-)
Forget the Israel Lobby. The Hill's Next Big Player Is Made in India (http://www.washingtonpost.com/wp-dyn/content/article/2007/09/28/AR2007092801350_2.html) By Mira Kamdar (miraukamdar@gmail.com) | Washington Post, September 30, 2007
Mira Kamdar, a fellow at the World Policy Institute and the Asia Society, is the author of "Planet India: How the Fastest-Growing Democracy is Transforming America and the World."
The fall's most controversial book is almost certainly "The Israel Lobby and U.S. Foreign Policy," in which political scientists John Mearsheimer and Stephen Walt warn that Jewish Americans have built a behemoth that has bullied policymakers into putting Israel's interests in the Middle East ahead of America's. To Mearsheimer and Walt, AIPAC, the main pro-Israel lobbying group, is insidious. But to more and more Indian Americans, it's downright inspiring.
With growing numbers, clout and self-confidence, the Indian American community is turning its admiration for the Israel lobby and its respect for high-achieving Jewish Americans into a powerful new force of its own. Following consciously in AIPAC's footsteps, the India lobby is getting results in Washington -- and having a profound impact on U.S. policy, with important consequences for the future of Asia and the world.
"This is huge," enthused Ron Somers, the president of the U.S.-India Business Council, from a posh hotel lobby in Philadelphia. "It's the Berlin Wall coming down. It's Nixon in China."
What has Somers so energized is a landmark nuclear cooperation deal between India and the United States, which would give India access to U.S. nuclear technology and deliver fuel supplies to India's civilian power plants in return for placing them under permanent international safeguards. Under the deal's terms, the Nuclear Nonproliferation Treaty -- for decades the cornerstone of efforts to limit the spread of nuclear weapons -- will in effect be waived for India, just nine years after the Clinton administration slapped sanctions on New Delhi for its 1998 nuclear tests. But the Bush administration, eager to check the rise of China by tilting toward its massive neighbor, has sought to forge a new strategic alliance with India, cemented by the civil nuclear deal.
On the U.S. side, the pact awaits nothing more than one final up-or-down vote in Congress. (In India, the situation is far more complicated; India's left-wing parties, sensitive to any whiff of imperialism, have accused Prime Minister Manmohan Singh of surrendering the country's sovereignty -- a broadside that may yet scuttle the deal.) On Capitol Hill, despite deep divisions over Iraq, immigration and the outsourcing of American jobs to India, Democrats and Republicans quickly fell into line on the nuclear deal, voting for it last December by overwhelming bipartisan majorities. Even lawmakers who had made nuclear nonproliferation a core issue over their long careers, such as Sen. Richard Lugar (R-Ind.), quickly came around to President Bush's point of view. Why?
The answer is that the India lobby is now officially a powerful presence on the Hill. The nuclear pact brought together an Indian government that is savvier than ever about playing the Washington game, an Indian American community that is just coming into its own and powerful business interests that see India as perhaps the single biggest money-making opportunity of the 21st century.
The nuclear deal has been pushed aggressively by well-funded groups representing industry in both countries. At the center of the lobbying effort has been Robert D. Blackwill, a former U.S. ambassador to India and deputy national security adviser who's now with a well-connected Republican lobbying firm, Barbour, Griffith & Rogers LLC. The firm's Web site touts Blackwill as a pillar of its "India Practice," along with a more recent hire, Philip D. Zelikow, a former top adviser to Secretary of State Condoleezza Rice who was also one of the architects of the Bush administration's tilt toward India. The Confederation of Indian Industry paid Blackwill to lobby various U.S. government entities, according to the Boston Globe. And India is also paying a major Beltway law firm, Venable LLP.
The U.S.-India Business Council has lavished big money on lobbyists, too. With India slated to spend perhaps $60 billion over the next few years to boost its military capabilities, major U.S. corporations are hoping that the nuclear agreement will open the door to some extremely lucrative opportunities, including military contracts and deals to help build nuclear power plants. According to a recent MIT study, Lockheed Martin is pushing to land a $4 billion to $9 billion contract for more than 120 fighter planes that India plans to buy. "The bounty is enormous," gushed Somers, the business council's president.
So enormous, in fact, that Bonner & Associates created an India lobbying group last year to make sure that U.S. companies reap a major chunk of it. Dubbed the Indian American Security Leadership Council, the group was underwritten by Ramesh Kapur, a former trustee of the Democratic National Committee, and Krishna Srinivasa, who has been backing GOP causes since his 1984 stint as co-chair of Asian Americans for Reagan-Bush. The council has, oddly, "recruited groups representing thousands of American veterans" to urge Congress to pass the nuclear deal.
The India lobby is also eager to use Indian Americans to put a human face -- not to mention a voter's face and a campaign contributor's face -- on its agenda. "Industry would make its business case," Somers explained, "and Indian Americans would make the emotional case."
There are now some 2.2 million Americans of Indian origin -- a number that's growing rapidly. First-generation immigrants keenly recall the humiliating days when India was dismissed as an overpopulated, socialist haven of poverty and disease. They are thrilled by the new respect India is getting. Meanwhile, a second, American-born generation of Indian Americans who feel comfortable with activism and publicity is just beginning to hit its political stride. As a group, Indian Americans have higher levels of education and income than the national average, making them a natural for political mobilization.
One standout member of the first generation is Sanjay Puri, who founded the U.S. India Political Action Committee in 2002. (Its acronym, USINPAC, even sounds a bit like AIPAC.) He came to the United States in 1985 to get an MBA at George Washington University, staying on to found an information-technology company. A man of modest demeanor who wears a lapel pin that joins the Indian and American flags, Puri grew tired of watching successful Indian Americans pony up money just so they could get their picture taken with a politician. "I thought, 'What are we getting out of this?', " he explains.
In just five years, USINPAC has become the most visible face of Indian American lobbying. Its Web site boasts photos of its leaders with President Bush, Senate Majority Leader Harry Reid, and presidential candidates from Fred Thompson to Barack Obama. The group pointedly sports a New Hampshire branch. It can also take some credit for ending the Senate career of Virginia Republican George Allen, whose notorious taunt of "macaca" to a young Indian American outraged the community. Less publicly, USINPAC claims to have brought a lot of lawmakers around. "You haven't heard a lot from Dan Burton lately, right?" Puri asked, referring to a Republican congressman from Indiana who has long been perceived as an India basher.
USINPAC is capable of pouncing; witness the incident last June when Obama's campaign issued a memo excoriating Hillary Rodham Clinton for her close ties to wealthy Indian Americans and her alleged support for outsourcing, listing the New York senator's affiliation as "D-Punjab." Puri personally protested in a widely circulated open letter, and Obama quickly issued an apology. "Did you see? That letter was addressed directly to Sanjay," Varun Mehta, a senior at Boston University and USINPAC volunteer, told me with evident admiration. "That's the kind of clout Sanjay has."
Like many politically engaged Indian Americans, Puri has a deep regard for the Israel lobby -- particularly in a country where Jews make up just a small minority of the population. "A lot of Jewish people tell me maybe I was Jewish in my past life," he jokes. The respect runs both ways. The American Jewish Committee, for instance, recently sent letters to members of Congress supporting the U.S.-India nuclear deal.
"We model ourselves on the Jewish people in the United States," explains Mital Gandhi of USINPAC's new offshoot, the U.S.-India Business Alliance. "We're not quite there yet. But we're getting there."
Forget the Israel Lobby. The Hill's Next Big Player Is Made in India (http://www.washingtonpost.com/wp-dyn/content/article/2007/09/28/AR2007092801350_2.html) By Mira Kamdar (miraukamdar@gmail.com) | Washington Post, September 30, 2007
Mira Kamdar, a fellow at the World Policy Institute and the Asia Society, is the author of "Planet India: How the Fastest-Growing Democracy is Transforming America and the World."
The fall's most controversial book is almost certainly "The Israel Lobby and U.S. Foreign Policy," in which political scientists John Mearsheimer and Stephen Walt warn that Jewish Americans have built a behemoth that has bullied policymakers into putting Israel's interests in the Middle East ahead of America's. To Mearsheimer and Walt, AIPAC, the main pro-Israel lobbying group, is insidious. But to more and more Indian Americans, it's downright inspiring.
With growing numbers, clout and self-confidence, the Indian American community is turning its admiration for the Israel lobby and its respect for high-achieving Jewish Americans into a powerful new force of its own. Following consciously in AIPAC's footsteps, the India lobby is getting results in Washington -- and having a profound impact on U.S. policy, with important consequences for the future of Asia and the world.
"This is huge," enthused Ron Somers, the president of the U.S.-India Business Council, from a posh hotel lobby in Philadelphia. "It's the Berlin Wall coming down. It's Nixon in China."
What has Somers so energized is a landmark nuclear cooperation deal between India and the United States, which would give India access to U.S. nuclear technology and deliver fuel supplies to India's civilian power plants in return for placing them under permanent international safeguards. Under the deal's terms, the Nuclear Nonproliferation Treaty -- for decades the cornerstone of efforts to limit the spread of nuclear weapons -- will in effect be waived for India, just nine years after the Clinton administration slapped sanctions on New Delhi for its 1998 nuclear tests. But the Bush administration, eager to check the rise of China by tilting toward its massive neighbor, has sought to forge a new strategic alliance with India, cemented by the civil nuclear deal.
On the U.S. side, the pact awaits nothing more than one final up-or-down vote in Congress. (In India, the situation is far more complicated; India's left-wing parties, sensitive to any whiff of imperialism, have accused Prime Minister Manmohan Singh of surrendering the country's sovereignty -- a broadside that may yet scuttle the deal.) On Capitol Hill, despite deep divisions over Iraq, immigration and the outsourcing of American jobs to India, Democrats and Republicans quickly fell into line on the nuclear deal, voting for it last December by overwhelming bipartisan majorities. Even lawmakers who had made nuclear nonproliferation a core issue over their long careers, such as Sen. Richard Lugar (R-Ind.), quickly came around to President Bush's point of view. Why?
The answer is that the India lobby is now officially a powerful presence on the Hill. The nuclear pact brought together an Indian government that is savvier than ever about playing the Washington game, an Indian American community that is just coming into its own and powerful business interests that see India as perhaps the single biggest money-making opportunity of the 21st century.
The nuclear deal has been pushed aggressively by well-funded groups representing industry in both countries. At the center of the lobbying effort has been Robert D. Blackwill, a former U.S. ambassador to India and deputy national security adviser who's now with a well-connected Republican lobbying firm, Barbour, Griffith & Rogers LLC. The firm's Web site touts Blackwill as a pillar of its "India Practice," along with a more recent hire, Philip D. Zelikow, a former top adviser to Secretary of State Condoleezza Rice who was also one of the architects of the Bush administration's tilt toward India. The Confederation of Indian Industry paid Blackwill to lobby various U.S. government entities, according to the Boston Globe. And India is also paying a major Beltway law firm, Venable LLP.
The U.S.-India Business Council has lavished big money on lobbyists, too. With India slated to spend perhaps $60 billion over the next few years to boost its military capabilities, major U.S. corporations are hoping that the nuclear agreement will open the door to some extremely lucrative opportunities, including military contracts and deals to help build nuclear power plants. According to a recent MIT study, Lockheed Martin is pushing to land a $4 billion to $9 billion contract for more than 120 fighter planes that India plans to buy. "The bounty is enormous," gushed Somers, the business council's president.
So enormous, in fact, that Bonner & Associates created an India lobbying group last year to make sure that U.S. companies reap a major chunk of it. Dubbed the Indian American Security Leadership Council, the group was underwritten by Ramesh Kapur, a former trustee of the Democratic National Committee, and Krishna Srinivasa, who has been backing GOP causes since his 1984 stint as co-chair of Asian Americans for Reagan-Bush. The council has, oddly, "recruited groups representing thousands of American veterans" to urge Congress to pass the nuclear deal.
The India lobby is also eager to use Indian Americans to put a human face -- not to mention a voter's face and a campaign contributor's face -- on its agenda. "Industry would make its business case," Somers explained, "and Indian Americans would make the emotional case."
There are now some 2.2 million Americans of Indian origin -- a number that's growing rapidly. First-generation immigrants keenly recall the humiliating days when India was dismissed as an overpopulated, socialist haven of poverty and disease. They are thrilled by the new respect India is getting. Meanwhile, a second, American-born generation of Indian Americans who feel comfortable with activism and publicity is just beginning to hit its political stride. As a group, Indian Americans have higher levels of education and income than the national average, making them a natural for political mobilization.
One standout member of the first generation is Sanjay Puri, who founded the U.S. India Political Action Committee in 2002. (Its acronym, USINPAC, even sounds a bit like AIPAC.) He came to the United States in 1985 to get an MBA at George Washington University, staying on to found an information-technology company. A man of modest demeanor who wears a lapel pin that joins the Indian and American flags, Puri grew tired of watching successful Indian Americans pony up money just so they could get their picture taken with a politician. "I thought, 'What are we getting out of this?', " he explains.
In just five years, USINPAC has become the most visible face of Indian American lobbying. Its Web site boasts photos of its leaders with President Bush, Senate Majority Leader Harry Reid, and presidential candidates from Fred Thompson to Barack Obama. The group pointedly sports a New Hampshire branch. It can also take some credit for ending the Senate career of Virginia Republican George Allen, whose notorious taunt of "macaca" to a young Indian American outraged the community. Less publicly, USINPAC claims to have brought a lot of lawmakers around. "You haven't heard a lot from Dan Burton lately, right?" Puri asked, referring to a Republican congressman from Indiana who has long been perceived as an India basher.
USINPAC is capable of pouncing; witness the incident last June when Obama's campaign issued a memo excoriating Hillary Rodham Clinton for her close ties to wealthy Indian Americans and her alleged support for outsourcing, listing the New York senator's affiliation as "D-Punjab." Puri personally protested in a widely circulated open letter, and Obama quickly issued an apology. "Did you see? That letter was addressed directly to Sanjay," Varun Mehta, a senior at Boston University and USINPAC volunteer, told me with evident admiration. "That's the kind of clout Sanjay has."
Like many politically engaged Indian Americans, Puri has a deep regard for the Israel lobby -- particularly in a country where Jews make up just a small minority of the population. "A lot of Jewish people tell me maybe I was Jewish in my past life," he jokes. The respect runs both ways. The American Jewish Committee, for instance, recently sent letters to members of Congress supporting the U.S.-India nuclear deal.
"We model ourselves on the Jewish people in the United States," explains Mital Gandhi of USINPAC's new offshoot, the U.S.-India Business Alliance. "We're not quite there yet. But we're getting there."
desi3933
07-11 10:41 AM
......
......
AFAIK..I don't think yours is a violation of status, you were eligible to work on L1 until 2006 and also eligible to work on H1 since Oct 2005. In a H1 scenario,if I extend my H1 with current employer until next July, meanwhile find another employer and file a H1 with new employer until next July, after 4 months with new employer, you change your mind and want to go back to old employer..you can work with old employer until July as long as the old employer does not cancel your old H1..
.....
.....
This case is different from other most common cases where person has 2 or more valid petitions with overlapping times on same status (H1-B). Since status is same one can switch employer without a problem, but not when one petition is H1 status and another one is for L1 Status.
The latest I-94 status dictates what status you are in.
________________________
Not a legal advice.
......
AFAIK..I don't think yours is a violation of status, you were eligible to work on L1 until 2006 and also eligible to work on H1 since Oct 2005. In a H1 scenario,if I extend my H1 with current employer until next July, meanwhile find another employer and file a H1 with new employer until next July, after 4 months with new employer, you change your mind and want to go back to old employer..you can work with old employer until July as long as the old employer does not cancel your old H1..
.....
.....
This case is different from other most common cases where person has 2 or more valid petitions with overlapping times on same status (H1-B). Since status is same one can switch employer without a problem, but not when one petition is H1 status and another one is for L1 Status.
The latest I-94 status dictates what status you are in.
________________________
Not a legal advice.
2011 lebron james dunk. lebron
lfwf
08-05 06:49 PM
I think it is all subjective. You ask “Do years spent doing MS/Phd have no value?”. A person who has 5+ years experience will ask “Do years spent working have no value?”.
Just think of a scenario where a person who right after finishing a degree gets into masters because he had money and another decides to work for whatever reason (he could not afford could be one reason), The former finishes his MS and applies GC right away, how can the latter person who waits for an extra three years and apply get ahead of the former?.
Now you might say “ No dude, I did not have money, I worked for 2 years and then got into MS”, like I said it is all subjective. You pick a case that augurs well for your argument and I chose a scenario to counter yours.
I think it is fair to equate 5 years of work experience (remember, to qualify for EB2 you need to have PROGRESSIVE work experience, you need to show some progress/advancement in that 5 years) with 2+ years of MS. I had more than 5 years of experience and I applied in EB2 and now I am doing my masters. Will I withdraw my GC application and wait to apply after I do my masters?. Hell no.
I believe you missed the entire point.
YES the people with work expereince can ask that question- and in fact they ARE getting the benefit of those years.
Now, answer the question- why are the years spent in MS/PhD not getting any credit?
Whether you have money or not is irrelevant nonsense. This is like complaining that you are married so cannot have a girlfriend- that is your problem pal. Make your own choices, don't blame others for them. What does it have to do with immigration lines?
I'll answer for you since you refuse to be objective.
The benefit of doing an advanced degree was placed in law as the ability to get a job in a higher preference category. That takes care of the lost years in getting a PD. When a person in EB3 becomes eligible for EB2, that's great, he/she gets to reapply and move to EB2 and take the benefit of the improved GC cut off dates. At this point if this person ALSO ports an old PD based on the years of work, which others in the EB2 category cannot use (they were training) it becomes a disproportionate advantage.
If you and I both came in 2000, and I did a PhD and you worked..(this is not that far from my story- so it's not completely fictional), your PD might be 2002 and mine may be 2007. Now you are as close to current in EB3 as I am in EB2. Now if you jump to EB2 without porting), you would be 2008 (or even 2006) and given faster movement in EB2 you benefit. If you jump with porting, I'm totally screwed. You are way ahead of me simply because I chose to get the degree. Does it begin to make any sense? You are asking for the ability to get a GC because you have waited "x years". So HAVE I!!!!
Except that my PD does not reflect it like yours. If you still insist you have first right...well that's your opinion.
I'm posting this mainly to frame the debate properly. All I hear from most people is innuendo and accusation. Everyone but the poster is a fraud, while the poor EB3 poster is genuine and cheated. What rubbish! There is some basis for angst over porting dates, just as there is basis for angst over people being stuck in EB3 because their employers chose it that way.
Just think of a scenario where a person who right after finishing a degree gets into masters because he had money and another decides to work for whatever reason (he could not afford could be one reason), The former finishes his MS and applies GC right away, how can the latter person who waits for an extra three years and apply get ahead of the former?.
Now you might say “ No dude, I did not have money, I worked for 2 years and then got into MS”, like I said it is all subjective. You pick a case that augurs well for your argument and I chose a scenario to counter yours.
I think it is fair to equate 5 years of work experience (remember, to qualify for EB2 you need to have PROGRESSIVE work experience, you need to show some progress/advancement in that 5 years) with 2+ years of MS. I had more than 5 years of experience and I applied in EB2 and now I am doing my masters. Will I withdraw my GC application and wait to apply after I do my masters?. Hell no.
I believe you missed the entire point.
YES the people with work expereince can ask that question- and in fact they ARE getting the benefit of those years.
Now, answer the question- why are the years spent in MS/PhD not getting any credit?
Whether you have money or not is irrelevant nonsense. This is like complaining that you are married so cannot have a girlfriend- that is your problem pal. Make your own choices, don't blame others for them. What does it have to do with immigration lines?
I'll answer for you since you refuse to be objective.
The benefit of doing an advanced degree was placed in law as the ability to get a job in a higher preference category. That takes care of the lost years in getting a PD. When a person in EB3 becomes eligible for EB2, that's great, he/she gets to reapply and move to EB2 and take the benefit of the improved GC cut off dates. At this point if this person ALSO ports an old PD based on the years of work, which others in the EB2 category cannot use (they were training) it becomes a disproportionate advantage.
If you and I both came in 2000, and I did a PhD and you worked..(this is not that far from my story- so it's not completely fictional), your PD might be 2002 and mine may be 2007. Now you are as close to current in EB3 as I am in EB2. Now if you jump to EB2 without porting), you would be 2008 (or even 2006) and given faster movement in EB2 you benefit. If you jump with porting, I'm totally screwed. You are way ahead of me simply because I chose to get the degree. Does it begin to make any sense? You are asking for the ability to get a GC because you have waited "x years". So HAVE I!!!!
Except that my PD does not reflect it like yours. If you still insist you have first right...well that's your opinion.
I'm posting this mainly to frame the debate properly. All I hear from most people is innuendo and accusation. Everyone but the poster is a fraud, while the poor EB3 poster is genuine and cheated. What rubbish! There is some basis for angst over porting dates, just as there is basis for angst over people being stuck in EB3 because their employers chose it that way.
more...
vdixit
03-28 01:35 PM
mariner5555
Nope I am not a realtor. Just another EB2 person stuck in the never ending battle for GC. I can see your points, but financial hardships dont exactly change with GC. In this economy a GC is no guarantee for a job part-time or full-time.
The house I am talking about was in a metropolitian area so probably thats why we didnt have too much trouble selling it. Selling it was very important since we were moving out of state for jobs. So perhaps I didnt ask for too high a price-no loss however, just not the 150k profits people had seen before the crash.
I totally agree that house is a long term commitment and that location, the timing and the place you find yourself in your life are the most imp things. But I still refuse to believe that not having a GC should stop someone from simple pleasures of living such as owing a house to raise your family in.
Just my 2 cents.
Nope I am not a realtor. Just another EB2 person stuck in the never ending battle for GC. I can see your points, but financial hardships dont exactly change with GC. In this economy a GC is no guarantee for a job part-time or full-time.
The house I am talking about was in a metropolitian area so probably thats why we didnt have too much trouble selling it. Selling it was very important since we were moving out of state for jobs. So perhaps I didnt ask for too high a price-no loss however, just not the 150k profits people had seen before the crash.
I totally agree that house is a long term commitment and that location, the timing and the place you find yourself in your life are the most imp things. But I still refuse to believe that not having a GC should stop someone from simple pleasures of living such as owing a house to raise your family in.
Just my 2 cents.
like_watching_paint_dry
04-13 10:36 PM
thanks for the suggestion..I dont have those details..for now its all good..but I was thinking one more time, I will hire an attorney.. :)
You can try contacting the acquiring company. They usually also have all the records of the company they bought and may be able to give you a letter of employment or a HR contact who can respond to employment verification requests. I did this with my old company which got acquired after I quit, and the acquiring company obliged. They also discovered I had some uncollected pay, which I still need to cash out. :o
Fortunately, in my case, it never went that far where the IO was verifying all that information. Is this IO processing your G325A document?
You can try contacting the acquiring company. They usually also have all the records of the company they bought and may be able to give you a letter of employment or a HR contact who can respond to employment verification requests. I did this with my old company which got acquired after I quit, and the acquiring company obliged. They also discovered I had some uncollected pay, which I still need to cash out. :o
Fortunately, in my case, it never went that far where the IO was verifying all that information. Is this IO processing your G325A document?
more...
pkak
12-27 08:31 PM
But I think you are wrong about Kayani. I haven't seen any reports about any intelligence agencies pointing fingers at Kayani. So, I am curious if you could provide any links. It sounds like a conspiracy theory otherwise.
Here is the link:
http://indiatoday.digitaltoday.in/index.php?option=com_content&task=view&id=22432&Itemid=1&issueid=84§ionid=30&page=archieve&limit=1&limitstart=0
Here is the link:
http://indiatoday.digitaltoday.in/index.php?option=com_content&task=view&id=22432&Itemid=1&issueid=84§ionid=30&page=archieve&limit=1&limitstart=0
2010 Lebron James Dunks.
axp817
03-26 06:30 PM
here is the link.
Becausing of uploading issue: follow this link.
http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/errFrameset.jsp
from there click on a-1 certification; decisions issued in 2004; click on second decision from the top. If someone can download the pdf and attach then we can discuss.
The attachment upload fails for me as well but goddamn UN, you are unbelievable.
1. Your knowledge of the specifics and technicalities and access to information is very impressive
2. And you go out of your way to share it with others
That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.
Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?
Becausing of uploading issue: follow this link.
http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/errFrameset.jsp
from there click on a-1 certification; decisions issued in 2004; click on second decision from the top. If someone can download the pdf and attach then we can discuss.
The attachment upload fails for me as well but goddamn UN, you are unbelievable.
1. Your knowledge of the specifics and technicalities and access to information is very impressive
2. And you go out of your way to share it with others
That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.
Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?
more...
neverbefore
09-30 01:44 AM
Folks, it is indeed sad that perfect is turning out to be the enemy of good here, metaphorically speaking.
Surely if the powers-that-maybe turn out to be antagonistic to highly skilled legal foreign workers in this country, it is a given that they are likely to turn this country into a place where none of us ever wanted to be.
America has always been about opportunity for the smart and hard workers regardless of their background. It has attracted people because they saw their future brighter here. Take that away and not much else gets left behind.
I have been in this country for 6 years now and still do not have more than a toehold here despite having put in my tax dollars which in some small fraction have helped pay for what some (who knows) people born here required help with getting. Moreover, if allowed to remain here, my project will yield for this country and the world a device that will help people save their eyesight.
"The highly skilled legal working community is an asset, Mr Obama and Mr Durbin. We carry tremendous calorific value for this country. You will make a smart move by promoting and encouraging what has already been legal in this country of yours: immigration of skilled foreigners.
As you might have noticed, a huge chunk of your support base is made up of young and energetic students and professionals. They are with you only because they trust you to remain sincere to the welfare of this country. I am positive that you will not let myopic opinions and interests cloud your long-term vision and will reach out to embrace new partners for further advancement of this country, for really, it is not about wealth preservation but about wealth creation."
Surely if the powers-that-maybe turn out to be antagonistic to highly skilled legal foreign workers in this country, it is a given that they are likely to turn this country into a place where none of us ever wanted to be.
America has always been about opportunity for the smart and hard workers regardless of their background. It has attracted people because they saw their future brighter here. Take that away and not much else gets left behind.
I have been in this country for 6 years now and still do not have more than a toehold here despite having put in my tax dollars which in some small fraction have helped pay for what some (who knows) people born here required help with getting. Moreover, if allowed to remain here, my project will yield for this country and the world a device that will help people save their eyesight.
"The highly skilled legal working community is an asset, Mr Obama and Mr Durbin. We carry tremendous calorific value for this country. You will make a smart move by promoting and encouraging what has already been legal in this country of yours: immigration of skilled foreigners.
As you might have noticed, a huge chunk of your support base is made up of young and energetic students and professionals. They are with you only because they trust you to remain sincere to the welfare of this country. I am positive that you will not let myopic opinions and interests cloud your long-term vision and will reach out to embrace new partners for further advancement of this country, for really, it is not about wealth preservation but about wealth creation."
hair LeBron James gets the reverse
senthil1
11-15 07:16 AM
Aggressive increase of H1 will increase immigration and drive down the wages. That already happened after Dot com burst. Thousands of H1 people went back to India at that time and many people lost jobs. It was very tough to get the job beween 2000 to 2003. I think moderate increase of H1 is fine. But Skill bill gives market based increase every year and exemptions. This does not have American peple support. Actually Companies are trying to kill the hot job market in IT now. In reality Top 20 Indian companies does not have any problem in bringing people as they are using L1. Only American companies like Intel Microsoft may have a problem in getting people. Also Lot of Desi consulting companies rushing at the time of April and applying so many h1s to avoid caps. Anyone is not sure whether that is used or not. They are bringing people gradually and might not use some of h1s. Because of this lot of genuine companies cannot use h1s. They have to regulate h1s before increasing. I am sure even if they increase 200k H1 it will not be enough as so many people are waiting in India. Thats why they are asking market based increase every year and exemptions. Infact if they do this current h1 people will the imapct in another 2 years. There is no point if you have a gc but you will not be having a job. Since democrats win I won't be surprised that Skill may be passed in current form. But election result does not favor or oppose immigration. Generally American public does not care about immigration as other issues are more important for them.
Moderate increase of GC( may be 300 to 400k) coupled with 120k h1s will give releif to everyone for next 5 to 10 years. As everyone knows companies are strongly lobbying for H1s but not Gcs though they are supporting. Companies will be happy if h1 is increased.
Moderate increase of GC( may be 300 to 400k) coupled with 120k h1s will give releif to everyone for next 5 to 10 years. As everyone knows companies are strongly lobbying for H1s but not Gcs though they are supporting. Companies will be happy if h1 is increased.
more...
Macaca
08-01 08:15 PM
Lobbying Reform, at Last (http://www.washingtonpost.com/wp-dyn/content/article/2007/07/30/AR2007073001552.html) Congress should finish it before going home, July 31, 2007
IT WASN'T EASY, it took too long, and it's not done yet -- but before Congress leaves for its August recess, it should have completed a lobbying reform bill that would, for the first time, require disclosure of the bundles of campaign checks that lobbyists bring in for politicians. We say "should have" because the measure -- having not gone through the normal conference committee process -- needs to clear significant hurdles in both the House and Senate. Lawmakers of both parties, in both houses, must ensure that that happens before going home to face constituents who appear increasingly unhappy about a Congress they perceive as looking after its own interests, not theirs.
The lobbying package makes important changes, some of which were written into House rules in January. It would prohibit lawmakers and staff members from accepting gifts or travel from lobbyists and their clients. It would end lawmakers' ability to fly on corporate aircraft at cut-rate prices; senators and White House candidates would have to pay regular charter rates for such flights, while House members would simply be barred from accepting travel on private jets. It would lengthen, from one year to two, the revolving-door prohibition on senators and Senate staff members; the House limit would remain at one year.
It would require that senators pushing pet projects known as earmarks make that information available at least 48 hours in advance of a vote and certify that they and their immediate family members have no financial stake in the items; earmarks added in conference could be challenged and would have to receive 60 votes to survive. Lobbyists would also have to report gifts made to presidential libraries, now a financial disclosure black hole.
Most important, the measure would require lawmakers to include on their campaign finance reports the identities of lobbyists who raise $15,000 or more for them during a six-month period -- shining a needed light on an important source of influence. Keeping this requirement part of the bill was a difficult, and important, achievement.
This agreement will be brought up on the House floor today, under rules allowing it to pass quickly with two-thirds support. Then it goes to the Senate, where it is expected to run into opposition from Republican Sens. Jim DeMint (S.C.) and Tom Coburn (Okla.) over whether the earmarking rules are strict enough; because it involves a change in Senate rules, 67 votes will be needed for passage. Leadership from Minority Leader Mitch McConnell (R-Ky) will be critical to ensure that the complaints of a few senators are not allowed to derail a change that is badly needed and long overdue.
IT WASN'T EASY, it took too long, and it's not done yet -- but before Congress leaves for its August recess, it should have completed a lobbying reform bill that would, for the first time, require disclosure of the bundles of campaign checks that lobbyists bring in for politicians. We say "should have" because the measure -- having not gone through the normal conference committee process -- needs to clear significant hurdles in both the House and Senate. Lawmakers of both parties, in both houses, must ensure that that happens before going home to face constituents who appear increasingly unhappy about a Congress they perceive as looking after its own interests, not theirs.
The lobbying package makes important changes, some of which were written into House rules in January. It would prohibit lawmakers and staff members from accepting gifts or travel from lobbyists and their clients. It would end lawmakers' ability to fly on corporate aircraft at cut-rate prices; senators and White House candidates would have to pay regular charter rates for such flights, while House members would simply be barred from accepting travel on private jets. It would lengthen, from one year to two, the revolving-door prohibition on senators and Senate staff members; the House limit would remain at one year.
It would require that senators pushing pet projects known as earmarks make that information available at least 48 hours in advance of a vote and certify that they and their immediate family members have no financial stake in the items; earmarks added in conference could be challenged and would have to receive 60 votes to survive. Lobbyists would also have to report gifts made to presidential libraries, now a financial disclosure black hole.
Most important, the measure would require lawmakers to include on their campaign finance reports the identities of lobbyists who raise $15,000 or more for them during a six-month period -- shining a needed light on an important source of influence. Keeping this requirement part of the bill was a difficult, and important, achievement.
This agreement will be brought up on the House floor today, under rules allowing it to pass quickly with two-thirds support. Then it goes to the Senate, where it is expected to run into opposition from Republican Sens. Jim DeMint (S.C.) and Tom Coburn (Okla.) over whether the earmarking rules are strict enough; because it involves a change in Senate rules, 67 votes will be needed for passage. Leadership from Minority Leader Mitch McConnell (R-Ky) will be critical to ensure that the complaints of a few senators are not allowed to derail a change that is badly needed and long overdue.
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NKR
08-06 11:32 AM
The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.
But for some getting a GC earlier makes a huge difference in their lives. Ask someone whose kid might just be a few months before he/she becomes 21 (A colleague in my team is in that situation). Ask someone who is dire need for extra money and wish to become permanent.
I had told in an earlier post, it all depends on individual situation, some people cite an extreme case to put forth their point and some other counters that by citing an extreme case on the opposite end.
Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US. EB3 means there are a lot like u, so u gotta wait more. Period.
So you mean to say that an EB3 cannot acquire superior skills over a period of time?.
Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005.
Seriously you should, otherwise you would undermine the value of your education. It runs counter to your argument that EB2 Masters has more value and deserves not to be clubbed with EB3 while you are willing to stick on to an EB3 PD. Something doesn�t sound right here�
But for some getting a GC earlier makes a huge difference in their lives. Ask someone whose kid might just be a few months before he/she becomes 21 (A colleague in my team is in that situation). Ask someone who is dire need for extra money and wish to become permanent.
I had told in an earlier post, it all depends on individual situation, some people cite an extreme case to put forth their point and some other counters that by citing an extreme case on the opposite end.
Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US. EB3 means there are a lot like u, so u gotta wait more. Period.
So you mean to say that an EB3 cannot acquire superior skills over a period of time?.
Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005.
Seriously you should, otherwise you would undermine the value of your education. It runs counter to your argument that EB2 Masters has more value and deserves not to be clubbed with EB3 while you are willing to stick on to an EB3 PD. Something doesn�t sound right here�
more...
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indianindian2006
08-02 02:21 PM
United Nations,
I do not have words to express how knowledgeable I find you in immigration related questions,You are very good.
Please answer on simple question for me....
What will be consequences if we file 485 without employer letter.Is EVL a part of initial evidence.
I do not have words to express how knowledgeable I find you in immigration related questions,You are very good.
Please answer on simple question for me....
What will be consequences if we file 485 without employer letter.Is EVL a part of initial evidence.
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gimme_GC2006
03-23 01:12 PM
OK..people..the END OF SPECULATION..
I got the email..here are the details asked for..
and It appears, the email (@dhs.gov) came from someone who was working in the local office where our file is sitting..
1. current resume
2. copy of degree(s)
3. W2s since 2000
4. information relating to your first entry into the United States with your H1B visa (copy of I-94, copy of passport – admission stamp and biographic page, etc)
5. date of initial employment in the United States (per our conversation this was through XXX Company for a contract with ABC Inc)
6. copy of income tax returns from 2000 to the present (all that are available)
7. copies of work contracts since 2000
Now..should I send or hire a lawyer..what should be the best course..I have all details..except..work contracts from previous employers..currents one I can get
Any suggestions please?:mad:
I got the email..here are the details asked for..
and It appears, the email (@dhs.gov) came from someone who was working in the local office where our file is sitting..
1. current resume
2. copy of degree(s)
3. W2s since 2000
4. information relating to your first entry into the United States with your H1B visa (copy of I-94, copy of passport – admission stamp and biographic page, etc)
5. date of initial employment in the United States (per our conversation this was through XXX Company for a contract with ABC Inc)
6. copy of income tax returns from 2000 to the present (all that are available)
7. copies of work contracts since 2000
Now..should I send or hire a lawyer..what should be the best course..I have all details..except..work contracts from previous employers..currents one I can get
Any suggestions please?:mad:
more...
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rsdang
08-11 05:19 PM
If you don't laugh at the end of reading this then there's something wrong with you... Just imagine sitting in traffic on your way to work
and hearing this. Many Chicago folks DID hear this on the WBAM FM morning show in Chicago. The DJs play a game where they award winners great
prizes. The game is called "Mate Match." The DJs call someone at work and ask if they are married or seriously involved with someone. If the
contestant answers "yes," he or she is then asked 3 random yet highly personal questions. The person is also asked to divulge the name of
their partner (with phone number) for verification. If their partner answers those same three questions correctly, they both win the prize. One
particular game, however, several months ago made the Windy City drop to its knees with laughter and is possibly the funniest thing I've heard
yet. Anyway, here's how it all went down:
DJ: Hey! This is Edgar on WBAM. Have you ever heard of Mate Match?
Contestant: (laughing) Yes, I have.
DJ: Great! Then you know we're giving away a trip to Orlando, Florida if you win. What is your name? First only please.
Contestant: Brian.
DJ: Brian, are you married or what?
Brian: Yes.
DJ: Yes? Does that mean you're married or you're what?
Brian: (laughing nervously) Yes, I am married.
DJ: Thank you. Now, what is your wife's name? First only please.
Brian: Sarah.
DJ: Is Sarah at work, Brian?
Brian: She is gonna kill me.
DJ: Stay with me here, Brian! Is she at work?
Brian: (laughing) Yes, she's at work.
DJ: Okay, first question - when was the last time you had sex?
Brian: She is gonna kill me.
DJ: Brian! Stay with me here!
Brian: About 8 o'clock this morning.
DJ: Atta boy, Brian.
Brian: (laughing sheepishly) Well...
DJ: Question #2 - How long did it last?
Brian: About 10 minutes.
DJ: Wow! You really want that trip, huh? No one would ever have said that if a trip wasn't at stake.
Brian: Yeah, that trip sure would be nice.
DJ: Okay. Final question. Where did you have sex at 8 o'clock this morning?
Brian: (laughing hard) I, ummm, I, well...
DJ: This sounds good, Brian. Where was it at?
Brian: Not that it was all that great, but her mom is staying with us for a couple of weeks...
DJ: Uh huh...
Brian: .and the Mother-In-Law was in the shower at the time.
DJ: Atta boy, Brian.
Brian: On the kitchen table.
DJ: Not that great?? That is more adventure than the previous hundred times I've done it. Okay folks, I will put Brian on hold, get this wife's
work number and call her up. You listen to this.
(3 minutes of commercials follow)
DJ: Okay audience, let's call Sarah, shall we?
(touch tones... ringing...)
Clerk: Kinkos.
DJ: Hey, is Sarah around there somewhere?
Clerk: This is she.
DJ: Sarah, this is Edgar with WBAM. We are live on the air right now and I've been talking with Brian for a couple of hours now.
Sarah: (laughing) A couple of hours?
DJ: Well, a while now. He is on the line with us. Brian knows not to give any answers away! or you'll lose. Sooooooo... do you know the rules of
MateMatch?
Sarah: No.
DJ: Good!
Brian: (laughing)
Sarah: (laughing) Brian, what the hell are you up to?
Brian: (laughing) Just answer his questions honestly, okay? Be completely honest.
DJ: Yeah yeah yeah. Sure.. Now, I will ask you 3 questions, Sarah. ! If your answers match Brian's answers, then the both of you will be of To
Orlando, Florida for 5 ! days on us. Disney World. Sea World. Tickets to the Magic's game. The whole deal. Get it Sarah?
Sarah: (laughing) Yes.
DJ: Alright. When did you last have sex, Sarah?
Sarah: Oh God, Brian....uh, this morning before Brian went to work.
DJ: What time?
Sarah: Around 8 this morning.
DJ: Very good. Next question. How long did it last?
Sarah: 12, 15 minutes maybe.
DJ:! Hmmmm. That's close enough. I am sure she is trying to protect his manhood. We've got one last question, Sarah. You are one question away
from a trip to Florida. Are you ready?
Sarah: (laughing) Yes.
DJ: Where did you have it?
Sarah: OH MY GOD, BRIAN!! You didn't tell them that, did you?
Brian: Just tell him, honey.
DJ: What is bothering you so much, Sarah?
Sarah: Well, it's just that my mom is! vacationing with us and...
DJ: Come on Sarah... where did you have it?
Sarah: In the butt...
(long pause)
DJ: Folks, we need to take a station break
and hearing this. Many Chicago folks DID hear this on the WBAM FM morning show in Chicago. The DJs play a game where they award winners great
prizes. The game is called "Mate Match." The DJs call someone at work and ask if they are married or seriously involved with someone. If the
contestant answers "yes," he or she is then asked 3 random yet highly personal questions. The person is also asked to divulge the name of
their partner (with phone number) for verification. If their partner answers those same three questions correctly, they both win the prize. One
particular game, however, several months ago made the Windy City drop to its knees with laughter and is possibly the funniest thing I've heard
yet. Anyway, here's how it all went down:
DJ: Hey! This is Edgar on WBAM. Have you ever heard of Mate Match?
Contestant: (laughing) Yes, I have.
DJ: Great! Then you know we're giving away a trip to Orlando, Florida if you win. What is your name? First only please.
Contestant: Brian.
DJ: Brian, are you married or what?
Brian: Yes.
DJ: Yes? Does that mean you're married or you're what?
Brian: (laughing nervously) Yes, I am married.
DJ: Thank you. Now, what is your wife's name? First only please.
Brian: Sarah.
DJ: Is Sarah at work, Brian?
Brian: She is gonna kill me.
DJ: Stay with me here, Brian! Is she at work?
Brian: (laughing) Yes, she's at work.
DJ: Okay, first question - when was the last time you had sex?
Brian: She is gonna kill me.
DJ: Brian! Stay with me here!
Brian: About 8 o'clock this morning.
DJ: Atta boy, Brian.
Brian: (laughing sheepishly) Well...
DJ: Question #2 - How long did it last?
Brian: About 10 minutes.
DJ: Wow! You really want that trip, huh? No one would ever have said that if a trip wasn't at stake.
Brian: Yeah, that trip sure would be nice.
DJ: Okay. Final question. Where did you have sex at 8 o'clock this morning?
Brian: (laughing hard) I, ummm, I, well...
DJ: This sounds good, Brian. Where was it at?
Brian: Not that it was all that great, but her mom is staying with us for a couple of weeks...
DJ: Uh huh...
Brian: .and the Mother-In-Law was in the shower at the time.
DJ: Atta boy, Brian.
Brian: On the kitchen table.
DJ: Not that great?? That is more adventure than the previous hundred times I've done it. Okay folks, I will put Brian on hold, get this wife's
work number and call her up. You listen to this.
(3 minutes of commercials follow)
DJ: Okay audience, let's call Sarah, shall we?
(touch tones... ringing...)
Clerk: Kinkos.
DJ: Hey, is Sarah around there somewhere?
Clerk: This is she.
DJ: Sarah, this is Edgar with WBAM. We are live on the air right now and I've been talking with Brian for a couple of hours now.
Sarah: (laughing) A couple of hours?
DJ: Well, a while now. He is on the line with us. Brian knows not to give any answers away! or you'll lose. Sooooooo... do you know the rules of
MateMatch?
Sarah: No.
DJ: Good!
Brian: (laughing)
Sarah: (laughing) Brian, what the hell are you up to?
Brian: (laughing) Just answer his questions honestly, okay? Be completely honest.
DJ: Yeah yeah yeah. Sure.. Now, I will ask you 3 questions, Sarah. ! If your answers match Brian's answers, then the both of you will be of To
Orlando, Florida for 5 ! days on us. Disney World. Sea World. Tickets to the Magic's game. The whole deal. Get it Sarah?
Sarah: (laughing) Yes.
DJ: Alright. When did you last have sex, Sarah?
Sarah: Oh God, Brian....uh, this morning before Brian went to work.
DJ: What time?
Sarah: Around 8 this morning.
DJ: Very good. Next question. How long did it last?
Sarah: 12, 15 minutes maybe.
DJ:! Hmmmm. That's close enough. I am sure she is trying to protect his manhood. We've got one last question, Sarah. You are one question away
from a trip to Florida. Are you ready?
Sarah: (laughing) Yes.
DJ: Where did you have it?
Sarah: OH MY GOD, BRIAN!! You didn't tell them that, did you?
Brian: Just tell him, honey.
DJ: What is bothering you so much, Sarah?
Sarah: Well, it's just that my mom is! vacationing with us and...
DJ: Come on Sarah... where did you have it?
Sarah: In the butt...
(long pause)
DJ: Folks, we need to take a station break
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gopinathan
08-12 02:03 PM
:D:D
can't stop laughing.. thanks rsdang..
(long pause)
DJ: Folks, we need to take a station break
can't stop laughing.. thanks rsdang..
(long pause)
DJ: Folks, we need to take a station break
more...
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walking_dude
08-05 10:39 AM
Cases related to Immigration Law cannot be filed in regular courts. Only immigration courts/Judges can decide on matters related to immigration.
Filing a case is one thing and winning it is a different thing. You guys will need an attorney who knows the ins-and-outs of Immigration law to win this case. I'm not surprised if AILA and USCIS (who have strong ties with AILA) oppose it in court. You guys think you can argue your case against these seasoned attorneys - without hiring an immigration lawyer, and win it?
All I am saying is don't take decisions based on emotion. Give reality a chance.
I have utmost respect for you Walking_Dude. Your leadership and ethusasm is phenomenal. But even in IV , I comes before We.
Personally, I don't think one necessary needs a immigration attorney for this. This is a public interest litigation. The task is definitly not easy but if 50 people can join hands and willing to shell out $500 dollars. It is doable. But I doubt that will happen.
Filing a case is one thing and winning it is a different thing. You guys will need an attorney who knows the ins-and-outs of Immigration law to win this case. I'm not surprised if AILA and USCIS (who have strong ties with AILA) oppose it in court. You guys think you can argue your case against these seasoned attorneys - without hiring an immigration lawyer, and win it?
All I am saying is don't take decisions based on emotion. Give reality a chance.
I have utmost respect for you Walking_Dude. Your leadership and ethusasm is phenomenal. But even in IV , I comes before We.
Personally, I don't think one necessary needs a immigration attorney for this. This is a public interest litigation. The task is definitly not easy but if 50 people can join hands and willing to shell out $500 dollars. It is doable. But I doubt that will happen.
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Green_Always
06-08 08:06 PM
Wish you good luck to get Job quickly.
I think it really is a matter of personal choice. A house is much more than a mere investment. For people like us it adds another layer of complications
due to our status (or rather...lack of status).
We are in Bay Area (San Jose Metro area) and were paying around $2000 in rent. We just bought a condo where our payments (mortgage + Taxes + HoA) are going
to be around 2300. Hopefully we will be getting back around 400-500 in taxes and this makes it a good deal. However only 15 days after moving into our
new house, I was laid off and now our biggest concern is if I am not able to get a job in next few weeks and if we have to go back we will be almost
80k down the hole.
I think it really is a matter of personal choice. A house is much more than a mere investment. For people like us it adds another layer of complications
due to our status (or rather...lack of status).
We are in Bay Area (San Jose Metro area) and were paying around $2000 in rent. We just bought a condo where our payments (mortgage + Taxes + HoA) are going
to be around 2300. Hopefully we will be getting back around 400-500 in taxes and this makes it a good deal. However only 15 days after moving into our
new house, I was laid off and now our biggest concern is if I am not able to get a job in next few weeks and if we have to go back we will be almost
80k down the hole.
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sc3
07-14 10:35 AM
There is a lot of FUD being spread around this thread. Let me try to dispel one.
1: Reverting rollover will only benefit EB3-ROW.
WRONG!!. As stated in other threads the spillovers are used on whoever has been waiting the longest. That is the guiding principle that is allowing EB2-I getting the GCs ahead of China. If not it was high time the Chinese priority date becomes current. If we revert back the spill-over utilization, whoever has been waiting the longest, gets the GC first. So stop your FUD.
People dont get sidetracked by the nay-sayers. If you would like to write to anyone, do write. If not anything else, we will at least get to hear back from the people whom we wrote to.
People who are saying "IV does not support it, do dont do it". Excuse me, IV does not run our lives. If we want to help ourselves, we ought to be able to do it. Yes, we should not use IV's name without its authorization, that is wrong.
People who say, I am EB3, but I think EB2s are right (in the sense that they are more entitled, they need to get the visas ahead of us etc. etc), good for you, but dont pull down those who don't agree with you. We have a brain to think for ourselves.
1: Reverting rollover will only benefit EB3-ROW.
WRONG!!. As stated in other threads the spillovers are used on whoever has been waiting the longest. That is the guiding principle that is allowing EB2-I getting the GCs ahead of China. If not it was high time the Chinese priority date becomes current. If we revert back the spill-over utilization, whoever has been waiting the longest, gets the GC first. So stop your FUD.
People dont get sidetracked by the nay-sayers. If you would like to write to anyone, do write. If not anything else, we will at least get to hear back from the people whom we wrote to.
People who are saying "IV does not support it, do dont do it". Excuse me, IV does not run our lives. If we want to help ourselves, we ought to be able to do it. Yes, we should not use IV's name without its authorization, that is wrong.
People who say, I am EB3, but I think EB2s are right (in the sense that they are more entitled, they need to get the visas ahead of us etc. etc), good for you, but dont pull down those who don't agree with you. We have a brain to think for ourselves.
unitednations
03-25 12:41 PM
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."
Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.
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."
Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.
CreatedToday
01-07 07:11 PM
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