unitednations
03-25 11:58 AM
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.
Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.
In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.
USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.
As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.
Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.
In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.
USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.
As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.
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Macaca
02-15 10:37 AM
First 2 paras from Justice Official Bought Vacation Home With Oil Lobbyist (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/14/AR2007021401913.html), By Susan Schmidt and James V. Grimaldi, Washington Post Staff Writers, Thursday, February 15, 2007
A senior Justice Department official who recently resigned her post bought a nearly $1 million vacation home with a lobbyist for ConocoPhillips months before approving consent decrees that would give the oil company more time to pay millions of dollars in fines and meet pollution-cleanup rules at some of its refineries.
Sue Ellen Wooldridge, former assistant attorney general in charge of environment and natural resources, bought a $980,000 home on Kiawah Island, S.C., last March with ConocoPhillips lobbyist Don R. Duncan. A third owner of the house is J. Steven Griles, a former deputy interior secretary, who has been informed he is a target in the federal investigation of Jack Abramoff's lobbying activities.
A senior Justice Department official who recently resigned her post bought a nearly $1 million vacation home with a lobbyist for ConocoPhillips months before approving consent decrees that would give the oil company more time to pay millions of dollars in fines and meet pollution-cleanup rules at some of its refineries.
Sue Ellen Wooldridge, former assistant attorney general in charge of environment and natural resources, bought a $980,000 home on Kiawah Island, S.C., last March with ConocoPhillips lobbyist Don R. Duncan. A third owner of the house is J. Steven Griles, a former deputy interior secretary, who has been informed he is a target in the federal investigation of Jack Abramoff's lobbying activities.
chintu25
08-06 12:59 PM
Other than the July 07 USCIS debacle reversal thread, this is the best thread in IV so far.
This is the chill pill for all of us ....................
This is the chill pill for all of us ....................
2011 Transformers Dark of the Moon
StuckInTheMuck
08-05 02:48 PM
Two guys are moving about in a supermarket when their carts collide.
One says to the other, "I'm sorry - I was looking for my wife."
"What a coincidence, so am I, and I'm getting a little desperate."
"Well, maybe I can help you. What does your wife look like?"
"She's tall, with long hair, long legs, firm boobs and a tight ass.
What's your wife look like?"
"Never mind, let's look for yours!"
One says to the other, "I'm sorry - I was looking for my wife."
"What a coincidence, so am I, and I'm getting a little desperate."
"Well, maybe I can help you. What does your wife look like?"
"She's tall, with long hair, long legs, firm boobs and a tight ass.
What's your wife look like?"
"Never mind, let's look for yours!"
more...
mariner5555
04-14 02:23 PM
Hi
I am moving to Atlanta (Meritta) soon. I got new job there.
I need some advise regarding housing situation in regards to buying home. Currently I dont own home. I went to buy home last spring at my current location ( south carolina) but luckily I didnt buy it as some one advised me not to proceed unless I plan to stay for atleast five years. So that was good for me.
Any way what are the good developing suburbun areas where we have good schools and property prices are reasonable in atlanta area?
What is the trend of house price in atlanta area?
Also regarding renting apratments, my son is in high school and I will be working in the Meritta area. I was looking for highshools and I found that Walton highschool, Pope Highschool and Roswell Highschools may be good choices nearby.
Let me know your experiences in regards to any of those schools and nearby renatl apartments at low cost. I currently rent twobed room apartment and similar mightbe sufficient for me.
Also please give links where I can see more info regarding atlanta housing, shcools transport etc.
thanks
I am on other side ..but Marietta is a good place. you will get better answers from google. my advice would be ..rent (at a location where you would get good schools ..since school is imp in atlanta) for sometime and then look for deals.
do you have a GC ? my advice only ..if on EAD or H1 ..keep renting till you get a good deal ..btw ..what is yr platform ...field ..just curious
I am moving to Atlanta (Meritta) soon. I got new job there.
I need some advise regarding housing situation in regards to buying home. Currently I dont own home. I went to buy home last spring at my current location ( south carolina) but luckily I didnt buy it as some one advised me not to proceed unless I plan to stay for atleast five years. So that was good for me.
Any way what are the good developing suburbun areas where we have good schools and property prices are reasonable in atlanta area?
What is the trend of house price in atlanta area?
Also regarding renting apratments, my son is in high school and I will be working in the Meritta area. I was looking for highshools and I found that Walton highschool, Pope Highschool and Roswell Highschools may be good choices nearby.
Let me know your experiences in regards to any of those schools and nearby renatl apartments at low cost. I currently rent twobed room apartment and similar mightbe sufficient for me.
Also please give links where I can see more info regarding atlanta housing, shcools transport etc.
thanks
I am on other side ..but Marietta is a good place. you will get better answers from google. my advice would be ..rent (at a location where you would get good schools ..since school is imp in atlanta) for sometime and then look for deals.
do you have a GC ? my advice only ..if on EAD or H1 ..keep renting till you get a good deal ..btw ..what is yr platform ...field ..just curious
Marphad
12-17 03:31 PM
People:
I went back and read some of posts from Marphad. "Marphad" hold very Extremist Communal Views not appropriate for this forum. He has given so called "RATIONAL" explanation in SUPPORT of TERRORISTS involved in Gujarat massacres. I think he is holds some rational views and I try to see if I dig his personnel information and inform relevant authorities. He is crying out to be spanked
I will provide you whatever the information you want ;). I never had one sided communical views. Yes I hate people who directly or indirectly support terrorism. That includes people like Antulay (you are not in that list FYI :)).
I went back and read some of posts from Marphad. "Marphad" hold very Extremist Communal Views not appropriate for this forum. He has given so called "RATIONAL" explanation in SUPPORT of TERRORISTS involved in Gujarat massacres. I think he is holds some rational views and I try to see if I dig his personnel information and inform relevant authorities. He is crying out to be spanked
I will provide you whatever the information you want ;). I never had one sided communical views. Yes I hate people who directly or indirectly support terrorism. That includes people like Antulay (you are not in that list FYI :)).
more...
nojoke
06-26 08:27 PM
Thanks for the data. There is one more twist to the story though. The "median home" of 1940 is NOT the same as the median home of 2000. The home sizes have more than doubled in this period (dont have an official source right now - but look at Google Answers: Historic home sizes (http://answers.google.com/answers/threadview?id=110928) . A little digging should give us an official source if you want.).... So, if the median home prices have doubled post adjustment for inflaton - that really means that the prices have stayed flat adjusted for inflation.
Statistics is a bitch :-D
Home sizes have lesser impact on the median price now. It is unaffordability that is pushing the prices down. The median is getting back to what the income in the area can support. The builders can build mansions, but someone has to buy...One way the builders survive these days is by bulding smaller homes that people can buy..
Statistics is a bitch :-D
Home sizes have lesser impact on the median price now. It is unaffordability that is pushing the prices down. The median is getting back to what the income in the area can support. The builders can build mansions, but someone has to buy...One way the builders survive these days is by bulding smaller homes that people can buy..
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alisa
01-03 02:36 PM
Tomorrow the Bombay attack is old too.
You are right. And so it is imperative that before that happens, the perpetrators and their handlers are hunted down, exposed and punished, in a credible and transparent manner.
Pakistanis should want to know who is trying to provoke India, and risking a war in the subcontinent, and why.
You are so good at giving advice to people who suffered at your country men's(like don't start war etc) hands and yet you don't own any responsibility.
What apology?
I am not responsible for the actions of those people. Imagine if after 9/11, an American asked you to apologize for the actions of the 19 'Brown men' (I am assuming here that you are a south asian male) who killed 3000 Americans, how silly do you think that situation would be. If cockroaches from my house take a dump in your kitchen, don't ask me to apologize for that.
You are right. And so it is imperative that before that happens, the perpetrators and their handlers are hunted down, exposed and punished, in a credible and transparent manner.
Pakistanis should want to know who is trying to provoke India, and risking a war in the subcontinent, and why.
You are so good at giving advice to people who suffered at your country men's(like don't start war etc) hands and yet you don't own any responsibility.
What apology?
I am not responsible for the actions of those people. Imagine if after 9/11, an American asked you to apologize for the actions of the 19 'Brown men' (I am assuming here that you are a south asian male) who killed 3000 Americans, how silly do you think that situation would be. If cockroaches from my house take a dump in your kitchen, don't ask me to apologize for that.
more...
SunnySurya
08-05 01:24 PM
Agree with you...
Also let me share a story ....
Once upon a time, two ferries were taking passengers to an Island called Green Land. First ferry was calle EB2 and the other ferry was Eb3. Both these ferries were jam packed with little or no room. But EB2 was in slightly better position with few spaces to spare.
These ferries were navigating at legendary slow speed because the crew and the drivers (read USCIS) were very slow. Also the fuel (read visa numbers) was not enough so now and then it needed to get some assitance from the base (read lawmakers).
The base has put out an option to move from one ferry to another. So the people in Eb3 ferry decided to swim to EB2. One who could not start cursing their fate and the ones in EB2 boat start screaming to prevent that happening.
Soon the passengers forgot that the reason why the ferries are running slow and start blaming each other.
An old man on the shore sighed and said to himself, wouldn't it be nice if these people had concentratred their effort on the right place.
I only read a few posts, but seems like there a lot of moral blasting and blame game going on.
I am in favor of fair practices, and on that principle everyone has right to speak their mind; irrespective of outcome of this thread why is everyone fighting with each other.
I agree with you Rolling_Flood, this porting can create trouble for many people who did not have a way to port priority dates. This is same issuse as "Labor substitution" was. I am glad labor substitution has been put to rest.
Rolling_flood, donot get annoyed or angry because of some comments ( everyone has a right to speak as you do). remember the saying " if you have a few enemies; that means you stood up for something some day".
Folks, please donot kill each other ...let people speak. Our focus should be on "purpose and not get frustrated by process".
Also let me share a story ....
Once upon a time, two ferries were taking passengers to an Island called Green Land. First ferry was calle EB2 and the other ferry was Eb3. Both these ferries were jam packed with little or no room. But EB2 was in slightly better position with few spaces to spare.
These ferries were navigating at legendary slow speed because the crew and the drivers (read USCIS) were very slow. Also the fuel (read visa numbers) was not enough so now and then it needed to get some assitance from the base (read lawmakers).
The base has put out an option to move from one ferry to another. So the people in Eb3 ferry decided to swim to EB2. One who could not start cursing their fate and the ones in EB2 boat start screaming to prevent that happening.
Soon the passengers forgot that the reason why the ferries are running slow and start blaming each other.
An old man on the shore sighed and said to himself, wouldn't it be nice if these people had concentratred their effort on the right place.
I only read a few posts, but seems like there a lot of moral blasting and blame game going on.
I am in favor of fair practices, and on that principle everyone has right to speak their mind; irrespective of outcome of this thread why is everyone fighting with each other.
I agree with you Rolling_Flood, this porting can create trouble for many people who did not have a way to port priority dates. This is same issuse as "Labor substitution" was. I am glad labor substitution has been put to rest.
Rolling_flood, donot get annoyed or angry because of some comments ( everyone has a right to speak as you do). remember the saying " if you have a few enemies; that means you stood up for something some day".
Folks, please donot kill each other ...let people speak. Our focus should be on "purpose and not get frustrated by process".
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svn
03-31 07:51 PM
I am not convinced with the whole systematic preadjudication logic at all. .
Didn't say anything about "systematic" at all - I think we all know better than to use "systematic" and "USCIS" in the same sentence!:D However, they definitely seem to be making some progress on adjudications even if none the country caps limit green cards issual. Aamazing how you can change behaviour when you set a goal and start to measure people on it - looking at the bits and pieces of info being released by USCIS, you can see something is changing and I would suspect a lot has to do with the new leadership in government, that has a mandate for greater transparency (unlike their predecessors). Given the lack of visibility to Case Officers of cases with old PD's (they track by RDs and not PDs), I cannot but believe this will be good for getting some structure into the system.
Didn't say anything about "systematic" at all - I think we all know better than to use "systematic" and "USCIS" in the same sentence!:D However, they definitely seem to be making some progress on adjudications even if none the country caps limit green cards issual. Aamazing how you can change behaviour when you set a goal and start to measure people on it - looking at the bits and pieces of info being released by USCIS, you can see something is changing and I would suspect a lot has to do with the new leadership in government, that has a mandate for greater transparency (unlike their predecessors). Given the lack of visibility to Case Officers of cases with old PD's (they track by RDs and not PDs), I cannot but believe this will be good for getting some structure into the system.
more...
Refugee_New
04-05 11:25 PM
I
You will pay for yard work (unless you are a do-it-yourself-er), and maintenance, and through the nose for utilities because a big house costs big to heat and cool. (Summers are OK, but desis want their houses warm enough in the winter for a lungi or veshti:))
Total potential loss: $250,000!!!
this decade.
Excellent analysis Jung.lee
Summers are OK, but desis want their houses warm enough in the winter for a lungi or veshti
I couldn't control my laughter. You have a good sense of humor too
You will pay for yard work (unless you are a do-it-yourself-er), and maintenance, and through the nose for utilities because a big house costs big to heat and cool. (Summers are OK, but desis want their houses warm enough in the winter for a lungi or veshti:))
Total potential loss: $250,000!!!
this decade.
Excellent analysis Jung.lee
Summers are OK, but desis want their houses warm enough in the winter for a lungi or veshti
I couldn't control my laughter. You have a good sense of humor too
hot Watch Transformers Dark of the
nogc_noproblem
08-06 02:12 PM
A man spoke frantically into the phone: "She's pregnant, in labor and her contractions are only 2 minutes apart!!"
"Is this her first child?" asked the Doctor.
"NO, YOU IDIOT" the man shouted, "This is her husband!"
"Is this her first child?" asked the Doctor.
"NO, YOU IDIOT" the man shouted, "This is her husband!"
more...
house Transformers Dark of the Moon
srkamath
07-13 07:22 PM
I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.
DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.
Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.
Just my observation.
It is really terrible when one of our own members begins to sound like Lou Dobbs or Norman Matloff.........
There are occupations other than computer programming, there are employers outside of the body-shop / contractor racket.
There are honest AMERICAN employers that cannot find qualified MS / PhD level American workers where they are located. I truly feel sorry for those that get exploited by unscrupulous employers, therefore cannot believe that there are honest companies around..
The AugVB is just a silver lining for many of us ... hopefully even EB3 will see better days. Goodbye.
DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.
Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.
Just my observation.
It is really terrible when one of our own members begins to sound like Lou Dobbs or Norman Matloff.........
There are occupations other than computer programming, there are employers outside of the body-shop / contractor racket.
There are honest AMERICAN employers that cannot find qualified MS / PhD level American workers where they are located. I truly feel sorry for those that get exploited by unscrupulous employers, therefore cannot believe that there are honest companies around..
The AugVB is just a silver lining for many of us ... hopefully even EB3 will see better days. Goodbye.
tattoo transformers dark of the moon
JunRN
06-06 09:31 PM
I felt the same way before. I said to myself I wouldn't buy a house until I get my GC. That was until a builder offered me a nice offer. I was renting a two bedroom apartment for $1200 as I have a family with 3 small kids.
The builder offered me a 2,600 sq. ft., 4 bed-room home at $1450 per month, including taxes and insurance, fixed for 30 years. I guessed that the $250 difference from rent is nothing compared to the benefit of owning a home. The interest part of my first monthly amortization is about $800, $400 go to principal, and $250 go to taxes and insurance.
The builder offered me a 2,600 sq. ft., 4 bed-room home at $1450 per month, including taxes and insurance, fixed for 30 years. I guessed that the $250 difference from rent is nothing compared to the benefit of owning a home. The interest part of my first monthly amortization is about $800, $400 go to principal, and $250 go to taxes and insurance.
more...
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seattleGC
04-07 10:50 AM
I am glad IV is taking a strong stand against this bill. IV should work with Compete America (they have more of a vested interests in this) to make sure this bill doesn't see the light of day.
This bill is introduced by 'Pro-Illegal,pro-union and protectionist' section of Democratic party and 'Anti-immigration at all cost' section of the Republican party. I believe both these groups are fringe elements in both parties. But they could use this bill as a bargain chip for CIR and might get it passed because of it. So we should not take this lightly even if we might not be screwed by this. It will definitely hurt people coming behind us.
Only reform H1b needs is to increase the quota or have no quota. And also to tie the H1b to the worker and not to the employee. And I dont see any in this bill.
This bill is introduced by 'Pro-Illegal,pro-union and protectionist' section of Democratic party and 'Anti-immigration at all cost' section of the Republican party. I believe both these groups are fringe elements in both parties. But they could use this bill as a bargain chip for CIR and might get it passed because of it. So we should not take this lightly even if we might not be screwed by this. It will definitely hurt people coming behind us.
Only reform H1b needs is to increase the quota or have no quota. And also to tie the H1b to the worker and not to the employee. And I dont see any in this bill.
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nogc_noproblem
08-06 06:30 PM
Wish I could think so quickly.
A man boarded a plane with 6 kids. After they got settled in their seats a woman sitting across the aisle from him leaned over to him and asked,
'Are all of those kids yours?'
He replied, 'No. I work for a condom company. These are customer complaints.'
A man boarded a plane with 6 kids. After they got settled in their seats a woman sitting across the aisle from him leaned over to him and asked,
'Are all of those kids yours?'
He replied, 'No. I work for a condom company. These are customer complaints.'
more...
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Saralayar
08-05 11:14 AM
What a Bull Sh** ?? Are you saying that ppl who have applied under eb2 are the only ones who satisfy the eb2 criteria and eb3s can not satisfy the eb2 criteria ??? Come on ...this eb2 and eb3 thing is highly abused by lawyers, employers or employees .. I guess, you are in eb2 but I am sure if you go line by line of the law to recheck your eb2 eligibility, you might not even qualify for eb10,11, etc ....
Well said. But in a little rude way.
Well said. But in a little rude way.
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senthil1
05-17 02:08 PM
Anyhow there are more chances for increasing H1b numbers at this situation with some restrictions(Our Indian companies will easily find a loophole for any law).Banning of H1B for bodyshopping or consulting will be impossible. Wait and watch for how CIRcus unfolds for next few weeks.
Of course I don't work for a consulting company. And if I did I wouldn't be here UNLESS I WAS EMPLOYED 100% FROM DAY ONE.
What people look like doesn't matter in regards to the H-1B. You are implying that I am doing something wrong in encouraging people TO OBEY THE LAW. That says a lot more of you and your standards than anything else. People are not committing crimes by being consultants. SOME people are comitting crimes by being here illegally because they don't meet the requirements for the H-1B they hold, because they went through a body shop. You can defend it all you want, IT'S ILLEGAL.
Of course I don't work for a consulting company. And if I did I wouldn't be here UNLESS I WAS EMPLOYED 100% FROM DAY ONE.
What people look like doesn't matter in regards to the H-1B. You are implying that I am doing something wrong in encouraging people TO OBEY THE LAW. That says a lot more of you and your standards than anything else. People are not committing crimes by being consultants. SOME people are comitting crimes by being here illegally because they don't meet the requirements for the H-1B they hold, because they went through a body shop. You can defend it all you want, IT'S ILLEGAL.
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unitednations
07-10 12:50 PM
Such mistakes can be corrected by CBP defered inspectors but they will only correct typo errors by the CBP at POE . For other mistakes u need to file Form I 102 with USCIS.
That's correct spelling mistakes, etc., can be corrected if you go back to the port of entry who generated the I-94 card.
I 102 is more for replacement of an I-94 card.
However; POE entering you on a wrong companies h-1b isn't so easily correctible after the fact.
In situations such as this; it is better to go back out and re-enter with proper company h-1b.
In May and June before people were getting ready to file the 485's a lot of these issues were found in reviewing their files/history. Many people had their visas expired and they didn't want to go for visa stamping. What many people did was go to Canada and use auto revalidation and then re-enter USA on the proper companies h-1b and/or get a new I-94 card and also reset the 245k benefit since it is measured from the date of last entry to filing the 485.
That's correct spelling mistakes, etc., can be corrected if you go back to the port of entry who generated the I-94 card.
I 102 is more for replacement of an I-94 card.
However; POE entering you on a wrong companies h-1b isn't so easily correctible after the fact.
In situations such as this; it is better to go back out and re-enter with proper company h-1b.
In May and June before people were getting ready to file the 485's a lot of these issues were found in reviewing their files/history. Many people had their visas expired and they didn't want to go for visa stamping. What many people did was go to Canada and use auto revalidation and then re-enter USA on the proper companies h-1b and/or get a new I-94 card and also reset the 245k benefit since it is measured from the date of last entry to filing the 485.
eb3_nepa
11-21 05:49 PM
So wait a minute!
Endless discussions on Lou Dobbs are ok but starting a "Happy Thanksgiving" stress relief thread gets closed by the moderators??
Half the stuff written in this thread is not related to immigration either, how about closing this thread and every other non-immigration related thead "Supermoderators"?
Endless discussions on Lou Dobbs are ok but starting a "Happy Thanksgiving" stress relief thread gets closed by the moderators??
Half the stuff written in this thread is not related to immigration either, how about closing this thread and every other non-immigration related thead "Supermoderators"?
abracadabra102
01-06 05:36 PM
If we take out the religion from equation, Israelis and Palestines are one people. They belong to same genetic pool and lived together for hundreds of years. In fact it was an Arab Calipha who allowed jews back into israel/palestine area after jews were ejected from this area by Romans. It is a pity they ended up like Indians and Pakistanis (same genetic pool again). Having said that, it is Arab countries that screwed Palestine people after 1948 war with Israel. Israel was willing for a compromise and creation of Palestine.
Taken from wikipedia:
"Following the 1948 Arab-Israeli War, the 1949 Armistice Agreements between Israel and neighboring Arab states eliminated Palestine as a distinct territory. With the establishment of Israel, the remaining lands were divided amongst Egypt, Syria and Jordan. The Arab governments at this point refused to set up a State of Palestine."
complete article with several cross references here (http://en.wikipedia.org/wiki/Palestine).
Israel is doing what is required of a nation when attacked. It is sad that innocent children are dying. But I do not see any better options left open for Israel. Offcourse they could have done what India does - whine for a few months, complain to every Tom, Dick and Harry and then shut up. But not every one is spineless.
Taken from wikipedia:
"Following the 1948 Arab-Israeli War, the 1949 Armistice Agreements between Israel and neighboring Arab states eliminated Palestine as a distinct territory. With the establishment of Israel, the remaining lands were divided amongst Egypt, Syria and Jordan. The Arab governments at this point refused to set up a State of Palestine."
complete article with several cross references here (http://en.wikipedia.org/wiki/Palestine).
Israel is doing what is required of a nation when attacked. It is sad that innocent children are dying. But I do not see any better options left open for Israel. Offcourse they could have done what India does - whine for a few months, complain to every Tom, Dick and Harry and then shut up. But not every one is spineless.
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