Madhuri
09-30 02:19 PM
Yes, you are right, the recent 485 denials for people using AC-21 have nothing to do with Obama/Durbin immigtaion policy. But I kind of remember there were some harsh provisions for people using AC 21 in CIR 2007 version. I am trying to find out the details about it.
Correct me if I am wrong.
AC21 denial is nothing to do with immigaration policy of Durbin or Obama. It is due to lack of regulations in USCIS or USCIS not efficient to follow the law/rules or bad customer service. This is where we need Obama. Becuase, he is favor of more/stright regulation or more accountability or strong government.
Correct me if I am wrong.
AC21 denial is nothing to do with immigaration policy of Durbin or Obama. It is due to lack of regulations in USCIS or USCIS not efficient to follow the law/rules or bad customer service. This is where we need Obama. Becuase, he is favor of more/stright regulation or more accountability or strong government.
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ghost
07-15 10:48 AM
Then we say, if we go back the American economy will go to hell.
The bottom line is every soul in this world wants to have a better living. We took an extra effort, to travel overseas and make a better living.
All the countries, including US, want to prosper in the global economy. So they put in policies (like H-1B/GC) in place to meet their global needs. These temporary visa programs for legal immigrants are based on their present needs.
For example, their current need for teachers and nurses. They are currently working to address these needs through temporary visa programs. What will happen if they decide not to address these needs through temporary visa programs? My guess is that they will be on a path of decline, economically.
It is a two way street, if they close the road for H-1B/GC then we may weigh in other options, like going back home or going to other countries. But at the same time, US needs to address the need of math and science specialists (american citizens). Again, if they do not address this issue, they will be on a path of decline, economically.
To put it in perspective, our group has 2 H-1B workers and 7 american citizens. BTW, we are overpaid:D according to DOL statistics. So we are not lowering their wages. Our group will not survive without the existence of the 2 H-1B workers. For reasons like, competition and skillset.
So, do not ever think that they are doing us a favor by this H-1B/GC program. We need each other and that's how the world works.
The bottom line is every soul in this world wants to have a better living. We took an extra effort, to travel overseas and make a better living.
All the countries, including US, want to prosper in the global economy. So they put in policies (like H-1B/GC) in place to meet their global needs. These temporary visa programs for legal immigrants are based on their present needs.
For example, their current need for teachers and nurses. They are currently working to address these needs through temporary visa programs. What will happen if they decide not to address these needs through temporary visa programs? My guess is that they will be on a path of decline, economically.
It is a two way street, if they close the road for H-1B/GC then we may weigh in other options, like going back home or going to other countries. But at the same time, US needs to address the need of math and science specialists (american citizens). Again, if they do not address this issue, they will be on a path of decline, economically.
To put it in perspective, our group has 2 H-1B workers and 7 american citizens. BTW, we are overpaid:D according to DOL statistics. So we are not lowering their wages. Our group will not survive without the existence of the 2 H-1B workers. For reasons like, competition and skillset.
So, do not ever think that they are doing us a favor by this H-1B/GC program. We need each other and that's how the world works.
hiralal
06-08 10:54 PM
I think nowadays you can get great deals in suwanee area, but in alpharetta area (ATLANTA) which is couple of exits towards the city on 400 highway.. are still selling for 400K..I am talking about 3000 sq ft, houses.. I got a quote for 420K with basement 3070 sqft.. with decent upgrades...
and these homes are closely built compared to the ones in suwanee area..
The homes prices never came down in these areas!!
prices in suwanee (and in alpharetta) has come down a lot ..ofcourse you need to look ..if you try to buy from a person in denial ..you will feel prices have not come down. but there are lot of bargains in these areas
and these homes are closely built compared to the ones in suwanee area..
The homes prices never came down in these areas!!
prices in suwanee (and in alpharetta) has come down a lot ..ofcourse you need to look ..if you try to buy from a person in denial ..you will feel prices have not come down. but there are lot of bargains in these areas
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ita
07-14 11:24 AM
Wll support campaign for EB3 . Please let this happen.
Appreciate all the comments on how the initiative(s) won't work. But at the same time if they can in some way suggest what will work that will be great.
I'm sure not doing anything will be not be a right thing .
I do agree we have to make noice. Let's work on how to make effective noise.
My thoughts are running on Letter/Call campaigns.
Don't know anything about what should be done effectively.Else I would be posting it here.
But for sure I'll support initiative(s) for EB3-I.
Thank you.
Appreciate all the comments on how the initiative(s) won't work. But at the same time if they can in some way suggest what will work that will be great.
I'm sure not doing anything will be not be a right thing .
I do agree we have to make noice. Let's work on how to make effective noise.
My thoughts are running on Letter/Call campaigns.
Don't know anything about what should be done effectively.Else I would be posting it here.
But for sure I'll support initiative(s) for EB3-I.
Thank you.
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unseenguy
06-26 05:26 PM
Here is my strategy:
Keep an eye on the interest rates, if they are going to cross, 6.5% lock them in immediately and monitor for 90 days.
1) Wait for home prices to fall further or not increase (After the economic stimulus timeline has passed), sales may slump again
2) Use this time to stay in a modest short term apartment/condo/townhome and save 1500 a month to build a large downpayment when you get GC.
3) Use large downpayment to lower your monthly payment.
4) use lowered monthly payments to make additional payments towards your principal thus further reducing the payments on mortgage interest.
Hence in 2-3 years you can go for a bigger house with lower mortgage and quicker payoff since prices are not rising now.
Keep an eye on the interest rates, if they are going to cross, 6.5% lock them in immediately and monitor for 90 days.
1) Wait for home prices to fall further or not increase (After the economic stimulus timeline has passed), sales may slump again
2) Use this time to stay in a modest short term apartment/condo/townhome and save 1500 a month to build a large downpayment when you get GC.
3) Use large downpayment to lower your monthly payment.
4) use lowered monthly payments to make additional payments towards your principal thus further reducing the payments on mortgage interest.
Hence in 2-3 years you can go for a bigger house with lower mortgage and quicker payoff since prices are not rising now.
gc03
05-17 12:54 PM
learning01, I do not agree with you. You should better use different language. I am not here to promote or demote anyone.
Let me ask you a quick question.
Have you contacted Lou Dobbs to publish our stories? probably not.
It's ideal to say thanks and indirectly ask him to publish legal immigration problems.
Let me ask you a quick question.
Have you contacted Lou Dobbs to publish our stories? probably not.
It's ideal to say thanks and indirectly ask him to publish legal immigration problems.
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chanduv23
04-12 04:46 PM
Many/most of us here have worked like crazy dogs most of lives, followed the rules, and played by the book. "Everyone" does not have your cavalier attitude towards truth.
Working like crazy dogs????? Thats your problem. No one asked you to. if you worked like crazy dogs
(1) Either your employer enslaved you
(2) or You did it on your own
40 hours per week is standard working hours. Anything more than that is generally done at times of need. So if you are constantly working and complaining about that, then thats entirely your fault.
Working like crazy dogs????? Thats your problem. No one asked you to. if you worked like crazy dogs
(1) Either your employer enslaved you
(2) or You did it on your own
40 hours per week is standard working hours. Anything more than that is generally done at times of need. So if you are constantly working and complaining about that, then thats entirely your fault.
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jonty_11
11-09 02:32 PM
Again, we should be cautious not to credit immigration hoopla for the republicans' debacle. It was mainly Iraq.....
Remember, Lou Dobbs showstill runs on CNN, and Tom Tancredo won his District again...so there are Americans who support them, and their idelogies. We have to find a way to convince the rest that immigration is good for America, even in these times and hopefully have our issues addressed.
What I trying to say is we cannot be complacent and the immigrant bashers are still out to get us.
Remember, Lou Dobbs showstill runs on CNN, and Tom Tancredo won his District again...so there are Americans who support them, and their idelogies. We have to find a way to convince the rest that immigration is good for America, even in these times and hopefully have our issues addressed.
What I trying to say is we cannot be complacent and the immigrant bashers are still out to get us.
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anandrajesh
03-24 11:17 AM
UN - I don't think people who indulge in fraud or use wrong route, go to Senators or Congressmen - rather they want to stay unnoticed. Most people who lobby - lobby for a better system.
No one is taking on or poking at USCIS.
Its a problem when we dont speak out on our issues - nobody understands our pain
Its a problem when we speak out on our issues - USCIS is offended that we have issues and wants to come hard on us.
What do we do? I am fine with USCIS rejecting or approving my application but reject it or approve it without putting me on hold for 10 years. Is that too much to ask?
It is the resume fakers and document fakers and the rule breakers who should be afraid of reaching out to people. The reason why we are in the mess is because of the greedy employers and ignorant and equally greedy employees. Corporate Greed brought America down.
No one is taking on or poking at USCIS.
Its a problem when we dont speak out on our issues - nobody understands our pain
Its a problem when we speak out on our issues - USCIS is offended that we have issues and wants to come hard on us.
What do we do? I am fine with USCIS rejecting or approving my application but reject it or approve it without putting me on hold for 10 years. Is that too much to ask?
It is the resume fakers and document fakers and the rule breakers who should be afraid of reaching out to people. The reason why we are in the mess is because of the greedy employers and ignorant and equally greedy employees. Corporate Greed brought America down.
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thakurrajiv
03-26 03:32 PM
I agree that credit crunch is worst we have ever seen and the worst is still about 9-12 months away. A lot of investment banks are going to be in trouble. I work for a big financial services comp and even though they say they are not affected, I know that their 'high-yeild low-risk' funds lost around $30billion. Who pays for this? investors? hmm China/Japan.. maybe. But Ben Bernanke is keen on doing whatever it takes to jumstart the economy. So he is printing dollars and reducing interest rates to historic lows(considering 60 year cycles). When I bought my first home in 2001, the rate was 8.5%. Whats it now 5.5%?
So my view is that inflation is a bigger problem that Ben B does not want to tackle in the near future(3-4 months). Well in times of inflation your savings/investment is better in real-estate than anything else. But definitely NOT cash.
So although we might be near the bottom of real estate market, we can never guesstimate the bottom until it has passed. My advice is, negotiate hard(buyers market) and get into a deal now. As a safety net, you can ask for a long escrow(around 180 days). That way you can backout of the deal if things head south. You've only lost the deposit(subject to arbitration at least in California).
Someone pointed out that Visa Status is a smaller issue, the big issue is if you can hold onto your investment for atleast 5 years, you are golden.
I believe that having a job(well paid) in recession is an investors dream as everything is on SALE.
"So my view is that inflation is a bigger problem that Ben B does not want to tackle in the near future(3-4 months). "
Interesting, so you are saying buy house because inflation will be high for next 3-4 months !! Personally I will not buy house based on what happens in next 3-4 months.
Stock market is more liquid than RE. Did the market go to the same levels after dot com burst ? How many years did it take to even feel normal in stock market ?
In real terms, house prices have doubled from 1999 to 2005. This has never ever happened in history. Till date in most US housing markets we have seen correction of less than 10%. Do you think house prices have bottomed out ? Even if house prices fall further by 30% you will still be at historical high prices in real terms.
I think the big question is is this bubble burst or just a cyclical correction ? Most of the arguments in this thread have been based on thoughts that it is cyclical correction.
Imagine what will happen to house prices if its indeed a bubble burst ( which I beleive in). 20% down from here in not much !!
I think this is time to sit on fence and let things settle down. Patience is the name of the game.
So my view is that inflation is a bigger problem that Ben B does not want to tackle in the near future(3-4 months). Well in times of inflation your savings/investment is better in real-estate than anything else. But definitely NOT cash.
So although we might be near the bottom of real estate market, we can never guesstimate the bottom until it has passed. My advice is, negotiate hard(buyers market) and get into a deal now. As a safety net, you can ask for a long escrow(around 180 days). That way you can backout of the deal if things head south. You've only lost the deposit(subject to arbitration at least in California).
Someone pointed out that Visa Status is a smaller issue, the big issue is if you can hold onto your investment for atleast 5 years, you are golden.
I believe that having a job(well paid) in recession is an investors dream as everything is on SALE.
"So my view is that inflation is a bigger problem that Ben B does not want to tackle in the near future(3-4 months). "
Interesting, so you are saying buy house because inflation will be high for next 3-4 months !! Personally I will not buy house based on what happens in next 3-4 months.
Stock market is more liquid than RE. Did the market go to the same levels after dot com burst ? How many years did it take to even feel normal in stock market ?
In real terms, house prices have doubled from 1999 to 2005. This has never ever happened in history. Till date in most US housing markets we have seen correction of less than 10%. Do you think house prices have bottomed out ? Even if house prices fall further by 30% you will still be at historical high prices in real terms.
I think the big question is is this bubble burst or just a cyclical correction ? Most of the arguments in this thread have been based on thoughts that it is cyclical correction.
Imagine what will happen to house prices if its indeed a bubble burst ( which I beleive in). 20% down from here in not much !!
I think this is time to sit on fence and let things settle down. Patience is the name of the game.
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langagadu
03-29 03:47 PM
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babloo_73
05-01 11:29 AM
When in college students used to rag others just because they were ragged when they joined the college. It�s not because they want to, it is just because they went through it. Indian software companies are just like, I worked enough in software industry and I have even been on call 24 hours but the truth is, it was never 12 hours or 10 hours work every day. Yes, occasionally I had 12 hours work which is the same in every industry and I used to get calls in the middle of the night at least once or twice during the night, but its not 10 hours work everyday. We want to impress our boss by working 10 hours, that�s the truth; it�s not that your boss wants.
Similarly, in India people go to work on Saturday not because they have work but to show their face to their PM. Even if God comes down and says that people in India work 10 hours everyday, I cannot believe it. They might be in office for 10-12 hours but that does not mean they are working. It is the people who should be blamed for this. Yesterday�s programmer or today�s PM, and they expect the programmer to be there in the office for 10 hours just because they went through it. I am an ex TCSer, things worked exactly as I said. It is never going to change. All these talks about stress and coding 10 hours straight come on.....:cool:
I partly disagree... I had worked in 6 different companies in India and in 3 companies, i had to work for more than 12 hours a day. What you are saying might be true for Maintenance projects, but it is definitely not true for development projects particularly when you working on a tight schedule...
Similarly, in India people go to work on Saturday not because they have work but to show their face to their PM. Even if God comes down and says that people in India work 10 hours everyday, I cannot believe it. They might be in office for 10-12 hours but that does not mean they are working. It is the people who should be blamed for this. Yesterday�s programmer or today�s PM, and they expect the programmer to be there in the office for 10 hours just because they went through it. I am an ex TCSer, things worked exactly as I said. It is never going to change. All these talks about stress and coding 10 hours straight come on.....:cool:
I partly disagree... I had worked in 6 different companies in India and in 3 companies, i had to work for more than 12 hours a day. What you are saying might be true for Maintenance projects, but it is definitely not true for development projects particularly when you working on a tight schedule...
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ssa
06-25 03:19 PM
And according to your theory, renting is a better investment? Throwing your money away is a good investment to you? Then I don't think we are on the same page.
If your monthly rent is less than your mortgage and you do not believe the house price is going to appreciate in near term (both true in the area I live in) then renting is NOT throwing money away. Don't borrow lines from realtors. If you pay more for living in a comparable house and your house is not appreciating what's the return on your money that you are paying extra?
If your monthly rent is less than your mortgage and you do not believe the house price is going to appreciate in near term (both true in the area I live in) then renting is NOT throwing money away. Don't borrow lines from realtors. If you pay more for living in a comparable house and your house is not appreciating what's the return on your money that you are paying extra?
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mpadapa
09-30 04:07 PM
If Obama becomes president can he restore the faith of high-skilled immigrant who play by the books and still have to wait for decades to get their Green Card.
After graduating with a Electrical engg degree from a top school in India, I got a job with a world leading semiconductor company. I first came to USA almost 12 years ago on a business trip as part of a multinational chip design effort for high end Telecommunication market. I was very impressed with the group of professionals I worked with. I felt the work environment stimulated the creativity in me and brought the best out of me. After the short trip I went back to my home country but that visit left a lasting impression on me and I felt USA would be the place I can further my professional abilities. Couple of years later, I came to USA for my Masters to embark on that journey. Even though I graduated when the US economy was in recession (2001), my unique skill set was much sought after and hence I got a job with a R&D startup division of a popular Japanese company. Working with a great group of professionals brought out the creativity in me. I currently have 10 US patents. The sailing was smooth until I started my Green Card process. The outdated immigration system and the long wait in the limbo state has been impacting my professional and personal life. I am starting to doubt that my American dream is slipping away day by day. I hope if Obama becomes the president he would restore some credibility to my faith in the immigration system. But if Sen. Durbin is driving Obama's immigration policy then I fear even more long waits for high-skilled immigrants because of Sen. Durbin's aggressive stance against H1B's. Mean while I have started to look at immigrant friendly countries like Australia and Canada as my possible future destination. Due to too much headaches with immigration process my Director had decided not to hire any more foreign workers, this decision has crippled our divisions expansion as most of the interested candidates require H1's. All the new projects which otherwise would have started in USA has moved to other places all because of the broken immigration process.
Obama has mentioned many times on the campaign trail that "his education" is the reason why he has risen to where he is now. I feel Obama is a person who values higher education and high-skilled professional and I do have great faith in Obama's skills, I hope he takes a strong stance on the need to reform the high-skilled immigration system.
Many have been looking at the high-skilled immigrants through a narrow pin hole, even Sen Durbin has been swayed by such critics. NFAP report shows that almost 50% of the private venture backed companies started between 1995 and 2005 are founded by immigrants. Guess what Sen. Durbin and high-skilled immigrant critics majority of those immigrants would've taken the route of H1 -> GreenCard -> US citizen. The companies started by those immigrants employ thousands of Americans and millions in tax revenue. Then why is America so hostile towards the same high-skilled immigration system which in the long run benefits America. Why are Sen. Durbin so short sighted on the high-skilled immigration system? Hope Obama can look at the high-skilled immigration system with a long term perspective and persuade his colleagues in Congress to enact a legislation to fix this broken system.
Here is the link to the NFAP report which I talked about
http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf
After graduating with a Electrical engg degree from a top school in India, I got a job with a world leading semiconductor company. I first came to USA almost 12 years ago on a business trip as part of a multinational chip design effort for high end Telecommunication market. I was very impressed with the group of professionals I worked with. I felt the work environment stimulated the creativity in me and brought the best out of me. After the short trip I went back to my home country but that visit left a lasting impression on me and I felt USA would be the place I can further my professional abilities. Couple of years later, I came to USA for my Masters to embark on that journey. Even though I graduated when the US economy was in recession (2001), my unique skill set was much sought after and hence I got a job with a R&D startup division of a popular Japanese company. Working with a great group of professionals brought out the creativity in me. I currently have 10 US patents. The sailing was smooth until I started my Green Card process. The outdated immigration system and the long wait in the limbo state has been impacting my professional and personal life. I am starting to doubt that my American dream is slipping away day by day. I hope if Obama becomes the president he would restore some credibility to my faith in the immigration system. But if Sen. Durbin is driving Obama's immigration policy then I fear even more long waits for high-skilled immigrants because of Sen. Durbin's aggressive stance against H1B's. Mean while I have started to look at immigrant friendly countries like Australia and Canada as my possible future destination. Due to too much headaches with immigration process my Director had decided not to hire any more foreign workers, this decision has crippled our divisions expansion as most of the interested candidates require H1's. All the new projects which otherwise would have started in USA has moved to other places all because of the broken immigration process.
Obama has mentioned many times on the campaign trail that "his education" is the reason why he has risen to where he is now. I feel Obama is a person who values higher education and high-skilled professional and I do have great faith in Obama's skills, I hope he takes a strong stance on the need to reform the high-skilled immigration system.
Many have been looking at the high-skilled immigrants through a narrow pin hole, even Sen Durbin has been swayed by such critics. NFAP report shows that almost 50% of the private venture backed companies started between 1995 and 2005 are founded by immigrants. Guess what Sen. Durbin and high-skilled immigrant critics majority of those immigrants would've taken the route of H1 -> GreenCard -> US citizen. The companies started by those immigrants employ thousands of Americans and millions in tax revenue. Then why is America so hostile towards the same high-skilled immigration system which in the long run benefits America. Why are Sen. Durbin so short sighted on the high-skilled immigration system? Hope Obama can look at the high-skilled immigration system with a long term perspective and persuade his colleagues in Congress to enact a legislation to fix this broken system.
Here is the link to the NFAP report which I talked about
http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf
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sanju
05-17 10:15 AM
I am not saying everyone else are less skilled that me. Read my posts please. Nor am I saying everyone are less honest than me. I am saying that people applying for an H-1B without having a FULL-TIME JOB from day 1 are DISHONEST.
I am saying that people applying for an H-1B without having a FULL-TIME JOB from day 1 are DISHONEST.
Why do I know that you do not work for a consulting company?
Conventional wisdom says, if someone is not doing what I am doing OR if someone doesn't think the way I think OR if someone doesn't look the way I look then there is something wrong with the other person. So just because you have a full time job, every consultant in the world has done a huge crime by being a CONSULTANT. If it was for you, you would propose a bill that all H-1B folks who were ever being CONSULTANTS should be hanged until death. Maybe we could pass a law to make CONSULTANT synonymous to 'SERIAL KILLER'. How does that sound???
I am saying that people applying for an H-1B without having a FULL-TIME JOB from day 1 are DISHONEST.
Why do I know that you do not work for a consulting company?
Conventional wisdom says, if someone is not doing what I am doing OR if someone doesn't think the way I think OR if someone doesn't look the way I look then there is something wrong with the other person. So just because you have a full time job, every consultant in the world has done a huge crime by being a CONSULTANT. If it was for you, you would propose a bill that all H-1B folks who were ever being CONSULTANTS should be hanged until death. Maybe we could pass a law to make CONSULTANT synonymous to 'SERIAL KILLER'. How does that sound???
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pappu
04-07 05:22 AM
I guess the only way US of A will ever understand its worth in the world is when: (I am just referring to hypocritical US of A'ans, there are good people too.)
1) India and China stop sending so many Engineers and doctors.
2) China and south-east Asia stop supplying Nike's and toilet paper to Walmart's
I guess the positive side of this H1 bill will be further development of Indian and Chinese economies via decreased brain-drain. I guess it already slowed down (to a trickle?!) quite a bit in the past few years and I Hope this bill plugs the leaks too. Hurray! No more brain drain from India and China.
Why didn't this happen a few years ago and I wouldn't even have had any regrets being in US of A ever. Yikes!
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1) India and China stop sending so many Engineers and doctors.
2) China and south-east Asia stop supplying Nike's and toilet paper to Walmart's
I guess the positive side of this H1 bill will be further development of Indian and Chinese economies via decreased brain-drain. I guess it already slowed down (to a trickle?!) quite a bit in the past few years and I Hope this bill plugs the leaks too. Hurray! No more brain drain from India and China.
Why didn't this happen a few years ago and I wouldn't even have had any regrets being in US of A ever. Yikes!
please update your profile with full details. We cannot allow profiles with email addresses like name@name.com and no inormation about yourself. Despite repeated requests members have not updated their profiles. We maybe calling members on the forum now publicly so that they update their profiles. When we send out newsletters for any important announcement, they bounce due to email addresses like name@name.com
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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
12-28 07:24 PM
Fighting for change
At home, religion had started to drive a wedge in Rubina's family. Irfan, when he talked to her at all, often chided her for not covering her hair. He wanted her to quit school and marry a man whose version of Islam was as strict as his. With her father's support, she refused.
"We don't really talk that much right now," Rubina said of her brother, who declined to be interviewed for this article.
Her father arranged for her to marry a moderate Muslim, a man who had a promising job as a hotel manager and to whom Rubina felt attracted. Still, his family insisted that she withdraw from college to start preparing for her nuptials. With her brother and father pushing for the marriage, she agreed.
She gave up her dreams of an English-language degree, a steppingstone for working-class Indians seeking better jobs in the country's booming call centers and outsourcing industries.
The trajectory of her life suddenly seemed predictable, she thought, from fiancee to wife to mother and, as is tradition in many Muslim families, caretaker of her husband's home and family. But she still refused to cover her hair.
Not long after she was engaged, 10 gunmen - young Muslims suspected to be part of a Pakistani jihadi group - crossed the Arabian Sea and came ashore in Mumbai, India's financial and cultural capital. During a three-day siege of the city, the assailants killed 166 people and injured scores - including Muslims - in part as retribution for atrocities in Gujarat, according to recordings of their cellphone conversations, which the Indian government later released.
It was a turning point for India's Muslim community. For the first time in anyone's memory, many Muslim leaders came together to express anger against Pakistan, where the attackers were said to have been trained. Muslims in Mumbai even refused to bury the gunmen, nine of whom died in the attacks. The backlash was also directed at extremists within the Muslim community.
"Many Muslims were very worried that we would be attacked after the siege of Mumbai," Rubina said. "We stayed at home, closed our shops. But after watching the Muslims of Mumbai protest in the streets, some here found the courage to protest against the terrorists and explain where we stood."
The anti-extremist movement spread to other Indian cities with large Muslim populations, including Ahmedabad. Rubina and other women in her neighborhood saw it as an opportunity to speak out against extremism at a time when fatwas, or religious decrees, against women were on the rise.
"Why do Muslim woman have to be so docile and submissive?" asked Khan, the social worker, who opened a chapter of a national Muslim women's group just down the street from Rubina's house. "Everyone is complaining about terrorists. This is the moment for Muslim women to speak up about our rights, too."
The women's group filed, and later won, a lawsuit against the city accusing it of failing to provide electricity, water, and sewage and trash services in Muslim communities.
Emboldened by that success, Rubina soon began studying health issues as part of a government campaign to help young mothers in the neighborhood care for sick children, offering health tips and medicine.
"Many families here still think it's not safe for a girl to be out in offices or on the roads," she said one recent day, braiding her long hair and loading her briefcase with notes about neighbors in need.
She walked past the mosque where her brother prayed. Nearby, children played hopscotch over open sewers clogged with plastic bags and crushed soda cans. She paused and tried to remember what her life had been like, how safe she had felt before the riots. Now 22, she wondered whether her life would have been different.
"Would we have a better life?" she asked. "Would Muslims have a better life?"
Just weeks ago, Rubina married the hotel manager. "My husband and his family will let me work. That is what's important," she said. "I don't want to sit home. There is a lot of work to do in the community. We are still recovering."
Her brother attended the wedding ceremony and praised her work as a health activist, one of the few times he has let on that he was proud of her.
Rubina glowed in a red sari, her hands stained with henna. She danced with the women in a midnight celebration at her home. And her father and brother danced in a nearby room.
Muslim Women Gain Higher Profile in U.S. (http://www.nytimes.com/2010/12/28/world/middleeast/28iht-muslim28.html) By BRIAN KNOWLTON | New York Times
At home, religion had started to drive a wedge in Rubina's family. Irfan, when he talked to her at all, often chided her for not covering her hair. He wanted her to quit school and marry a man whose version of Islam was as strict as his. With her father's support, she refused.
"We don't really talk that much right now," Rubina said of her brother, who declined to be interviewed for this article.
Her father arranged for her to marry a moderate Muslim, a man who had a promising job as a hotel manager and to whom Rubina felt attracted. Still, his family insisted that she withdraw from college to start preparing for her nuptials. With her brother and father pushing for the marriage, she agreed.
She gave up her dreams of an English-language degree, a steppingstone for working-class Indians seeking better jobs in the country's booming call centers and outsourcing industries.
The trajectory of her life suddenly seemed predictable, she thought, from fiancee to wife to mother and, as is tradition in many Muslim families, caretaker of her husband's home and family. But she still refused to cover her hair.
Not long after she was engaged, 10 gunmen - young Muslims suspected to be part of a Pakistani jihadi group - crossed the Arabian Sea and came ashore in Mumbai, India's financial and cultural capital. During a three-day siege of the city, the assailants killed 166 people and injured scores - including Muslims - in part as retribution for atrocities in Gujarat, according to recordings of their cellphone conversations, which the Indian government later released.
It was a turning point for India's Muslim community. For the first time in anyone's memory, many Muslim leaders came together to express anger against Pakistan, where the attackers were said to have been trained. Muslims in Mumbai even refused to bury the gunmen, nine of whom died in the attacks. The backlash was also directed at extremists within the Muslim community.
"Many Muslims were very worried that we would be attacked after the siege of Mumbai," Rubina said. "We stayed at home, closed our shops. But after watching the Muslims of Mumbai protest in the streets, some here found the courage to protest against the terrorists and explain where we stood."
The anti-extremist movement spread to other Indian cities with large Muslim populations, including Ahmedabad. Rubina and other women in her neighborhood saw it as an opportunity to speak out against extremism at a time when fatwas, or religious decrees, against women were on the rise.
"Why do Muslim woman have to be so docile and submissive?" asked Khan, the social worker, who opened a chapter of a national Muslim women's group just down the street from Rubina's house. "Everyone is complaining about terrorists. This is the moment for Muslim women to speak up about our rights, too."
The women's group filed, and later won, a lawsuit against the city accusing it of failing to provide electricity, water, and sewage and trash services in Muslim communities.
Emboldened by that success, Rubina soon began studying health issues as part of a government campaign to help young mothers in the neighborhood care for sick children, offering health tips and medicine.
"Many families here still think it's not safe for a girl to be out in offices or on the roads," she said one recent day, braiding her long hair and loading her briefcase with notes about neighbors in need.
She walked past the mosque where her brother prayed. Nearby, children played hopscotch over open sewers clogged with plastic bags and crushed soda cans. She paused and tried to remember what her life had been like, how safe she had felt before the riots. Now 22, she wondered whether her life would have been different.
"Would we have a better life?" she asked. "Would Muslims have a better life?"
Just weeks ago, Rubina married the hotel manager. "My husband and his family will let me work. That is what's important," she said. "I don't want to sit home. There is a lot of work to do in the community. We are still recovering."
Her brother attended the wedding ceremony and praised her work as a health activist, one of the few times he has let on that he was proud of her.
Rubina glowed in a red sari, her hands stained with henna. She danced with the women in a midnight celebration at her home. And her father and brother danced in a nearby room.
Muslim Women Gain Higher Profile in U.S. (http://www.nytimes.com/2010/12/28/world/middleeast/28iht-muslim28.html) By BRIAN KNOWLTON | New York Times
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chanduv23
04-13 01:40 PM
It is not illegal to work on percentage basis. But if employer-employee relationship is now followed the way it should be followed by law then there are issues. For example, you are not in the same medical plans as employees or your work insurance is not covered (or you are not invited in annual christmas party for employees - just kidding). Specially, labor approval procedure has heavy dependency on prevailing wages and salary offered. In percentage basis there is no salary offered. Think about it.
There is a gray area here. You can believe it is legal because it is nowhere mentioned that it is illegal. The certifying officer may believe that it is illegal because it is nowhere mentioned that it is legal.
From what I understand, employers ready to pay all these benefits if employee decides to be salaried, but will not give employee control over the billing.
In my case, I never take per diem, but I do find projects on my own and control over how much I must get and employer adjusts payroll accordingly because I marketed myself and also work hard at the client and get projects extended due to performance which benefits the employer, I also help employer with inhouse work. My wife has excellent benefits covered so I don't bother to take any benefits from my employer other than the money.
Anyone can be paid a fixed consulting fee, just not h1b. You can find US citizens working for hourly pay because they don't need benefits as they may get through spouse.
As long as you declare income and pay taxes, this is not a grey area.
Once again, anti immigrants can make this also an issue as for them everything with H1b seems to be an issue.
There is a gray area here. You can believe it is legal because it is nowhere mentioned that it is illegal. The certifying officer may believe that it is illegal because it is nowhere mentioned that it is legal.
From what I understand, employers ready to pay all these benefits if employee decides to be salaried, but will not give employee control over the billing.
In my case, I never take per diem, but I do find projects on my own and control over how much I must get and employer adjusts payroll accordingly because I marketed myself and also work hard at the client and get projects extended due to performance which benefits the employer, I also help employer with inhouse work. My wife has excellent benefits covered so I don't bother to take any benefits from my employer other than the money.
Anyone can be paid a fixed consulting fee, just not h1b. You can find US citizens working for hourly pay because they don't need benefits as they may get through spouse.
As long as you declare income and pay taxes, this is not a grey area.
Once again, anti immigrants can make this also an issue as for them everything with H1b seems to be an issue.
mpadapa
09-26 01:14 PM
Just to clarify GWB is a Yale graduate.
With a democratic controlled congress and Obama being a president, CIR is bound to happen. If high-skilled community doesn't unite and get our voices heard then we might come up empty. Remember the last time an immigration bill was passed by the Democratic president (AC21). They flashed few carrots (2-yr recapture, portability and H1 extension beyond 6 yr) and threw us under the bus with flood of 245i applicants. EB3 queue is still suffering from those backlogs.
In the near term only democrats will be in a position to provide us with some relief because they control the congress.
"I have no doubt in my mind that a Harvard graduate can get USA out of this economic turmoil. ":)
i had to chime in, sorry but GWB is also a Harvard graduate. Only a Harvard Business graduate can get us in this turmoil ? :)
Obama might be good, i dont know, i have yet to see a some good bills from him or concrete actions, but people like him and in the US perception and media support is everything. I think he will win. If might not be good for us because of the following
a) Sen Durbin, is anti H1 and also anti GC (IMO)
b) Massive support from labor unions. Just reading some of the statements from the the unions who support him indicate that they will want their pound of flesh after the elections. Watch out for those changes.
c) If the democrats get a majority then there might be a chance (Reps dont have a chance of getting a majority), if the congress stays divided then the opinions are sharper and the same thing will happen again.
d) CIR had little if any EB benefits, it was mainly for the illegals...we were simply added due to actions from IV and the rest.
With a democratic controlled congress and Obama being a president, CIR is bound to happen. If high-skilled community doesn't unite and get our voices heard then we might come up empty. Remember the last time an immigration bill was passed by the Democratic president (AC21). They flashed few carrots (2-yr recapture, portability and H1 extension beyond 6 yr) and threw us under the bus with flood of 245i applicants. EB3 queue is still suffering from those backlogs.
In the near term only democrats will be in a position to provide us with some relief because they control the congress.
"I have no doubt in my mind that a Harvard graduate can get USA out of this economic turmoil. ":)
i had to chime in, sorry but GWB is also a Harvard graduate. Only a Harvard Business graduate can get us in this turmoil ? :)
Obama might be good, i dont know, i have yet to see a some good bills from him or concrete actions, but people like him and in the US perception and media support is everything. I think he will win. If might not be good for us because of the following
a) Sen Durbin, is anti H1 and also anti GC (IMO)
b) Massive support from labor unions. Just reading some of the statements from the the unions who support him indicate that they will want their pound of flesh after the elections. Watch out for those changes.
c) If the democrats get a majority then there might be a chance (Reps dont have a chance of getting a majority), if the congress stays divided then the opinions are sharper and the same thing will happen again.
d) CIR had little if any EB benefits, it was mainly for the illegals...we were simply added due to actions from IV and the rest.
GC_US_64
12-26 04:29 PM
Kudlow and company are airing a debate on Lou Dobbs Goofy economics and skewed numbers at 5pm eastern time.
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