amitga
04-07 05:06 PM
What kind of employee/employer will be eligible for H1 if this bill gets passed? or there will not be a single person who will be able to get H1 under this law.
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singhsa3
08-05 09:46 AM
I don't think there is any point in continuing this discussions. He is right in his own way. You are right in your own way.
He is concerned about porting across the categories. What you mentioned is the valid point but the affected person will still be able to port with in the category.
Not just EB3 to EB2 port but EB2 to EB2 as well. Consider you lose your present job and lose your entire GC process. When you find a new job(if any), you would want to port your old PD at your new employer when they file your fresh 140.
So no one is immune, if you think you are, you are ignorant and do not know how complex a case can become.
There are very few benefits that CIS provides for people who lose jobs and PD portability is one of them. enlighten yourself!
He is concerned about porting across the categories. What you mentioned is the valid point but the affected person will still be able to port with in the category.
Not just EB3 to EB2 port but EB2 to EB2 as well. Consider you lose your present job and lose your entire GC process. When you find a new job(if any), you would want to port your old PD at your new employer when they file your fresh 140.
So no one is immune, if you think you are, you are ignorant and do not know how complex a case can become.
There are very few benefits that CIS provides for people who lose jobs and PD portability is one of them. enlighten yourself!
willwin
07-14 08:09 AM
willwin - What we are essentially saying is to artificially retrogress EB2 than it otherwise would have so that an EB3 who is waiting for 7 years gets his GC first - thats really what the spillover break up will do. Similarly an argument can be made to artificially retrogress EB1 so that an EB2 who is waiting for 4 years gets his GC first.
Whether EB1 is presently retrogressed or not doesn't matter.
Let's think about this for a moment. We are trying to completely negate the category preference established by law and asking them to grant GC's based solely on PD regardless of category.
Ain't gonna happen - dont want to be a pessimist but at some point we have to call it as we see it.
fine, then why are we working so hard to remove the per country limit? That was set by law too!!!
We can't pick only those options that would favor us. Sometimes changes bring hard-luck.
Whether EB1 is presently retrogressed or not doesn't matter.
Let's think about this for a moment. We are trying to completely negate the category preference established by law and asking them to grant GC's based solely on PD regardless of category.
Ain't gonna happen - dont want to be a pessimist but at some point we have to call it as we see it.
fine, then why are we working so hard to remove the per country limit? That was set by law too!!!
We can't pick only those options that would favor us. Sometimes changes bring hard-luck.
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pthoko
07-11 07:25 AM
bump
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leoindiano
03-24 08:57 AM
Thanks for your insight. Its about time most of us here understand not to take immigration rules lightly, and I've been preaching this for the longest time already!
People here had their own justification about "consulting". Well, this is what they get for exploiting loopholes.
Dear Sledge_hammer,
Dont just hammer around. The people who are doing consulting is not doing it out of their choice. It is the economy it forced some of us into consulting (fulltime to the company we work for but work for a client). In 2001, when we came out of school and tech bubble burst, there was no fulltime jobs, we were forced to do consulting. Some of my freinds who graduated in 2000 got into microsoft, oracle, cisco who didnt had damn good GPA. The guys who had 4.0 GPA and graduated a semester later didnt get those offers, coz bubble burst by that time.
I am forced to tell you that the guys who are doing fulltime jobs working in same technology and same companies and doing same thing everyday are by no means smarter than the consultants who work in different industries, different technologies and enjoy their work. I would challenge the guys to come out and find a job faster than a consultant with same amount of experience.
Luck By Chance doesnt give them a right to cry foul on consultants everyday....I am really sorry if i hurt anybodys feelings. I was forced by some of our fellow members. You have lot of other things to talk about. Dont blame consultants for your misery. If you are destined to suffer, you will suffer one or other way.
I would advice all FTE's to be prepared for unexpected twists and turns in bad economy.
People here had their own justification about "consulting". Well, this is what they get for exploiting loopholes.
Dear Sledge_hammer,
Dont just hammer around. The people who are doing consulting is not doing it out of their choice. It is the economy it forced some of us into consulting (fulltime to the company we work for but work for a client). In 2001, when we came out of school and tech bubble burst, there was no fulltime jobs, we were forced to do consulting. Some of my freinds who graduated in 2000 got into microsoft, oracle, cisco who didnt had damn good GPA. The guys who had 4.0 GPA and graduated a semester later didnt get those offers, coz bubble burst by that time.
I am forced to tell you that the guys who are doing fulltime jobs working in same technology and same companies and doing same thing everyday are by no means smarter than the consultants who work in different industries, different technologies and enjoy their work. I would challenge the guys to come out and find a job faster than a consultant with same amount of experience.
Luck By Chance doesnt give them a right to cry foul on consultants everyday....I am really sorry if i hurt anybodys feelings. I was forced by some of our fellow members. You have lot of other things to talk about. Dont blame consultants for your misery. If you are destined to suffer, you will suffer one or other way.
I would advice all FTE's to be prepared for unexpected twists and turns in bad economy.
saileshdude
08-05 07:49 AM
What i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).
"Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.
If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.
I hope i have made my point clear? Thanks.
I originally filed in EB2 but yet I do not support this idea. I think EB3 people if possible should deserve a chance to file in EB2 if they are eligible. Also porting helps you (original EB2 guys) in another way. Suppose for some stupid reason, you have to restart your GC process, wouldn't you want to be able to port your earlier PD? Don't be selfish man.
"Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.
If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.
I hope i have made my point clear? Thanks.
I originally filed in EB2 but yet I do not support this idea. I think EB3 people if possible should deserve a chance to file in EB2 if they are eligible. Also porting helps you (original EB2 guys) in another way. Suppose for some stupid reason, you have to restart your GC process, wouldn't you want to be able to port your earlier PD? Don't be selfish man.
more...
rsdang
08-29 10:58 AM
:D We've all been there, but don't like to admit it. We've all kicked
back in our cubicles and suddenly felt something brewing down below. As
much as we try to convince ourselves otherwise, the WORK POOP is
inevitable.
For those who hate pooping at work, following is the Survival Guide
for Taking a dump at work.
*CROP DUSTING* - When farting, you walk really fast around the
office so the smell is not in your area and everyone else gets a whiff, but no
one knows where it came from. Be careful when you do this. Do not stop
until the full fart has been expelled. Walk an extra 30 feet to make sure
the smell has left your pants.
*FLY BY* - The act of scouting out a bathroom before pooping. Walk
in and check for other poopers. If there are others in the bathroom,
leave and come back again. Be careful not to become a FREQUENT FLYER.
People may become suspicious if they catch you constantly going into the bathroom.
*ESCAPEE* - A fart that slips out while taking a pee or forcing a
poop in a stall. This is usually accompanied by a sudden wave of
embarrassment. If you release an escapee, do not acknowledge it.
Pretend it did not happen. If you are a man and are standing next to the farter in the urinal,
pretend you did not hear it. No one likes an escapee. It is uncomfortable for all involved.
Making a joke or laughing makes both parties feel uneasy.
*JAILBREAK*- When forcing a poop, several farts slip out at a machine
gun pace. This is usually a side effect of diarrhea or a hangover.
If this should happen, do not panic. Remain in the stall until everyone has
left the bathroom to spare everyone the awkwardness of what just occurred.
*COURTESY FLUSH* - The act of flushing the toilet the instant the
poop hits the water. This reduces the amount of air time the poop has to
stink up the bathroom. This can help you avoid being caught doing the
WALK OF SHAME.
*WALK OF SHAME* - Walking from the stall-to the sink-to the door
after you have just stunk up the bathroom. This can be a very uncomfortable
moment if someone walks in and busts you. As with farts, it is best to
pretend that the smell does not exist.--Can be avoided with the use of
the COURTESY FLUSH.
*OUT OF THE CLOSET POOPER* - A colleague who poops at work and is
Dog-gone proud of it. You will often see an Out-Of-The-Closet Pooper
enter the bathroom with a newspaper or magazine under their arm.
Always look around the office for the Out-Of- The-Closet Pooper before
entering the bathroom.
*THE POOPING FRIENDS NETWORK (P.F.N)* A group of co-workers who band
together to ensure emergency pooping goes off without incident. This
group can help you to monitor the whereabouts of Out-Of-The-Closet
Poopers and identify SAFE HAVENS.
*SAFE HAVENS* A seldom-used bathroom somewhere in t he building
where you can least expect visitors. Try floors that are predominantly of
the opposite sex. This will reduce the odds of a pooper of your sex
entering the bathroom.
*TURD BURGLAR* - Someone who does not realize that you are in the
stall and tries to force the door open. This is one of the most shocking
and vulnerable moments that can occur when taking a poop at work. If
this occurs, remain in the stall until the Turd Burglar leaves. This way
you will avoid all uncomfortable eye contact.
*CAMO-COUGH* A phony cough that alerts all new entrants into the
bathroom that you are in a stall. This can be used to cover-up a
WATERMELON, or to alert potential *Turd Burglars* - Very effective when used in conjunction with a
SHIRLEY TEMPLE .
*SHIRLEY TEMPLE* - A subtle toe-tapping that is used to alert
potential Turd Burglars that you are occupying a stall. This will remove all
doubt that the stall is occupied. If you hea r a SHIRLEY TEMPLE, leave the
bathroom immediately so the pooper can poop in peace.
*WATERMELON* - A poop that creates a loud splash when hitting the
toilet water. This is also an embarrassing incident. If you feel a
Watermelon coming on, create a diversion. See CAMO-COUGH.
*HAVANAOMELET* - A case of diarrhea that creates a series of loud
splashes in the toilet water--often accompanied by an Escapee. Try
using a CAMO-COUGH with a SHIRLEY TEMPLE.
*AUNT BETTY* - A bathroom user who seems to linger around
forever...Could spend extended lengths of time in front of the
mirror or sitting on the pot.
An AUNT BETTY makes it difficult to relax while on the crapper, as
you should always wait to poop when the bathroom is empty. This benefits
you as well as the other bathroom attendees
************************************************** ******************
SOME VARIETIES~
*The King Poop* - This kind is the kind of poop that killed Elvis.
It doesn't come until you're all sweaty, trembling and purple from
straining so hard.
*Bali Belly Poop* - You poop so much you lose 5 lbs.
*Cement Block* - You wish you'd gotten a spinal block before you
poop.
*Cork Poop* - (Also Known as Floater Poop) = Even after the third
flush, it's still floating in there. How do I get rid of it? This poop
usually happens at someone else's house.
*The Bungee Poop* - The kind of poop that just hangs off your rear
before it falls into the water.
*The Crippler* - The kind of poop where you have to sit on the
toilet so long your legs go numb from the waist down.
*The Chitty Chitty Bang Bang* - The kind of poop that hits you when
you're trapped in your car in a traffic jam.
*The Party Pooper* - The giant poop you take at a party and, when
you flush the toilet, you watch in horror as the water starts to rise.
back in our cubicles and suddenly felt something brewing down below. As
much as we try to convince ourselves otherwise, the WORK POOP is
inevitable.
For those who hate pooping at work, following is the Survival Guide
for Taking a dump at work.
*CROP DUSTING* - When farting, you walk really fast around the
office so the smell is not in your area and everyone else gets a whiff, but no
one knows where it came from. Be careful when you do this. Do not stop
until the full fart has been expelled. Walk an extra 30 feet to make sure
the smell has left your pants.
*FLY BY* - The act of scouting out a bathroom before pooping. Walk
in and check for other poopers. If there are others in the bathroom,
leave and come back again. Be careful not to become a FREQUENT FLYER.
People may become suspicious if they catch you constantly going into the bathroom.
*ESCAPEE* - A fart that slips out while taking a pee or forcing a
poop in a stall. This is usually accompanied by a sudden wave of
embarrassment. If you release an escapee, do not acknowledge it.
Pretend it did not happen. If you are a man and are standing next to the farter in the urinal,
pretend you did not hear it. No one likes an escapee. It is uncomfortable for all involved.
Making a joke or laughing makes both parties feel uneasy.
*JAILBREAK*- When forcing a poop, several farts slip out at a machine
gun pace. This is usually a side effect of diarrhea or a hangover.
If this should happen, do not panic. Remain in the stall until everyone has
left the bathroom to spare everyone the awkwardness of what just occurred.
*COURTESY FLUSH* - The act of flushing the toilet the instant the
poop hits the water. This reduces the amount of air time the poop has to
stink up the bathroom. This can help you avoid being caught doing the
WALK OF SHAME.
*WALK OF SHAME* - Walking from the stall-to the sink-to the door
after you have just stunk up the bathroom. This can be a very uncomfortable
moment if someone walks in and busts you. As with farts, it is best to
pretend that the smell does not exist.--Can be avoided with the use of
the COURTESY FLUSH.
*OUT OF THE CLOSET POOPER* - A colleague who poops at work and is
Dog-gone proud of it. You will often see an Out-Of-The-Closet Pooper
enter the bathroom with a newspaper or magazine under their arm.
Always look around the office for the Out-Of- The-Closet Pooper before
entering the bathroom.
*THE POOPING FRIENDS NETWORK (P.F.N)* A group of co-workers who band
together to ensure emergency pooping goes off without incident. This
group can help you to monitor the whereabouts of Out-Of-The-Closet
Poopers and identify SAFE HAVENS.
*SAFE HAVENS* A seldom-used bathroom somewhere in t he building
where you can least expect visitors. Try floors that are predominantly of
the opposite sex. This will reduce the odds of a pooper of your sex
entering the bathroom.
*TURD BURGLAR* - Someone who does not realize that you are in the
stall and tries to force the door open. This is one of the most shocking
and vulnerable moments that can occur when taking a poop at work. If
this occurs, remain in the stall until the Turd Burglar leaves. This way
you will avoid all uncomfortable eye contact.
*CAMO-COUGH* A phony cough that alerts all new entrants into the
bathroom that you are in a stall. This can be used to cover-up a
WATERMELON, or to alert potential *Turd Burglars* - Very effective when used in conjunction with a
SHIRLEY TEMPLE .
*SHIRLEY TEMPLE* - A subtle toe-tapping that is used to alert
potential Turd Burglars that you are occupying a stall. This will remove all
doubt that the stall is occupied. If you hea r a SHIRLEY TEMPLE, leave the
bathroom immediately so the pooper can poop in peace.
*WATERMELON* - A poop that creates a loud splash when hitting the
toilet water. This is also an embarrassing incident. If you feel a
Watermelon coming on, create a diversion. See CAMO-COUGH.
*HAVANAOMELET* - A case of diarrhea that creates a series of loud
splashes in the toilet water--often accompanied by an Escapee. Try
using a CAMO-COUGH with a SHIRLEY TEMPLE.
*AUNT BETTY* - A bathroom user who seems to linger around
forever...Could spend extended lengths of time in front of the
mirror or sitting on the pot.
An AUNT BETTY makes it difficult to relax while on the crapper, as
you should always wait to poop when the bathroom is empty. This benefits
you as well as the other bathroom attendees
************************************************** ******************
SOME VARIETIES~
*The King Poop* - This kind is the kind of poop that killed Elvis.
It doesn't come until you're all sweaty, trembling and purple from
straining so hard.
*Bali Belly Poop* - You poop so much you lose 5 lbs.
*Cement Block* - You wish you'd gotten a spinal block before you
poop.
*Cork Poop* - (Also Known as Floater Poop) = Even after the third
flush, it's still floating in there. How do I get rid of it? This poop
usually happens at someone else's house.
*The Bungee Poop* - The kind of poop that just hangs off your rear
before it falls into the water.
*The Crippler* - The kind of poop where you have to sit on the
toilet so long your legs go numb from the waist down.
*The Chitty Chitty Bang Bang* - The kind of poop that hits you when
you're trapped in your car in a traffic jam.
*The Party Pooper* - The giant poop you take at a party and, when
you flush the toilet, you watch in horror as the water starts to rise.
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GCnightmare
08-02 11:24 AM
I am on H1 since 1999 with same employer except for a long interval of 16 months. I filed my labor in April 2001 (assuming 245(i) will cover me). I was not on payroll during Aug 03 to Dec 04. So my W2 for 2003 is 33% less than LCA and no W2 for 2004. I last entered US in Sept. 03
I filed my I-485 in June 07. I-140 was approved under PP.
My question is that what are my chances of being approved?
Also is there anything I can do now to rectify it?
I have no issues with the employer. He is willing to help me out in any way.
Thanks a lot
I filed my I-485 in June 07. I-140 was approved under PP.
My question is that what are my chances of being approved?
Also is there anything I can do now to rectify it?
I have no issues with the employer. He is willing to help me out in any way.
Thanks a lot
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alias
04-07 03:14 PM
Who extensively opposes this bill (besides VI) will ultimately decide whether or not this bill will be enacted. I don't see anyone besides the consulting community/companies lined up. I would imagine Lou Dobbs likes and every American would like to see this bill passed. Companies like Microsoft, Google, Intel, IEEE etc. will benefit from this bill, as they can hire talent with easy, as they don't have to compete with companies like TCS, Infosys, Wipro and all other big/small body shopping companies for H1B cap. I guess we simply have to wait and watch to see what happens next.
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bazuka6
07-13 02:15 AM
EB3-I..please print the attached word doc and sign and mail it to Department of state..this week
Moderator could you makes this Sticky please
Sorry .. I don't understand ... You are complaining to DOS for USCIS and DOL discrepancies ? They don't care ..different departments really..
Had they cared July fiasco wouldn't have happened...
Moderator could you makes this Sticky please
Sorry .. I don't understand ... You are complaining to DOS for USCIS and DOL discrepancies ? They don't care ..different departments really..
Had they cared July fiasco wouldn't have happened...
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supreet
06-07 04:52 PM
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.
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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qasleuth
03-31 07:35 PM
I am not convinced with the whole systematic preadjudication logic at all. I think it has to do with the mistakenly released memo by USCIS and the criteria which is listed in it. Companies meeting the criteria listed in that memo's H1s/I140s are being looked at and I485 app in the same file. There is no trend in the posts on this site by people who received RFEs to suggest systematic preadjudication, they are all over the place. EB2, EB3 - priority date-years ranging from 2001 to 2006, received RFEs.
USCIS seems to be making a coordinated attempt to preadjudicate in order to avoid future backlogs (to achieve their metrics on processing times). See thread on Processing Time Targets they have set for themselves: http://immigrationvoice.org/forum/showthread.php?t=24747
USCIS seems to be making a coordinated attempt to preadjudicate in order to avoid future backlogs (to achieve their metrics on processing times). See thread on Processing Time Targets they have set for themselves: http://immigrationvoice.org/forum/showthread.php?t=24747
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paskal
07-14 04:57 PM
if people have to debate this issue, surely we can do it without needless slander and accusations?
i agree with GC applicant, words like that do not sound right and have no place here please.
btw when the vertical spillover started, there was alot of angst, these last two years all retrogressed categories except EB3 ROW have suffered. so that is not true either. except that there was frankly nothing we could do about it. there were long debates similar to the current ones- then they were between Eb2I and EB3 ROW and no conclusion was reached of course, and nothing changed by screaming at each other. finally USCIS as stated by them, has taken counsel about that "change" they made and concluded that they made an error in interpretation. what they have actually done now is rolled back a change they previosuly made.
i also want to say to all the EB2 I crowd here- all this chest thumping is pointless. EB2 I will go back, a lot, this is just a temporary flood gate to use the remaining Gc numbers for the year. meanwhile, the plight of EB3I is truly bad. lets please keep working on the recapture/exemption/ country quota bill trio that would incraese available Gc numbers- for ALL our sakes.
Comments like heartburn ,jealousy over friends in EB2 does not sound right.There are my friends who have learnt from my mistake.
Its neither appropriate to exclaim like this.Whateverthe case may be it is ofcourse injustice to EB3.
Your reactions for the frustrations of EB3 is really the worst part you are doing for your own community.
Why were you silent when EB3 Row were receiving ? Did you know at that time the vertical and horizontal interpretations.Bringing out the problem when its over is of no use either.
Great ! Very nice wonderful own kind around.You want your GC right ,dont worry.
This shows nature,when own kind dont respect others neither will outsider.
i agree with GC applicant, words like that do not sound right and have no place here please.
btw when the vertical spillover started, there was alot of angst, these last two years all retrogressed categories except EB3 ROW have suffered. so that is not true either. except that there was frankly nothing we could do about it. there were long debates similar to the current ones- then they were between Eb2I and EB3 ROW and no conclusion was reached of course, and nothing changed by screaming at each other. finally USCIS as stated by them, has taken counsel about that "change" they made and concluded that they made an error in interpretation. what they have actually done now is rolled back a change they previosuly made.
i also want to say to all the EB2 I crowd here- all this chest thumping is pointless. EB2 I will go back, a lot, this is just a temporary flood gate to use the remaining Gc numbers for the year. meanwhile, the plight of EB3I is truly bad. lets please keep working on the recapture/exemption/ country quota bill trio that would incraese available Gc numbers- for ALL our sakes.
Comments like heartburn ,jealousy over friends in EB2 does not sound right.There are my friends who have learnt from my mistake.
Its neither appropriate to exclaim like this.Whateverthe case may be it is ofcourse injustice to EB3.
Your reactions for the frustrations of EB3 is really the worst part you are doing for your own community.
Why were you silent when EB3 Row were receiving ? Did you know at that time the vertical and horizontal interpretations.Bringing out the problem when its over is of no use either.
Great ! Very nice wonderful own kind around.You want your GC right ,dont worry.
This shows nature,when own kind dont respect others neither will outsider.
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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.
more...
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mariner5555
03-28 04:45 PM
correct.
Bharatpremi - Thanks for yr earlier reply and for yr optimistic EB3 (I) predictions in other threads.
--------
here are the details about housing demand ..now that the bubble has burst with huge inventory still remaining ..it is difficult to see from where the (genuine) demand will come ..speculators and flippers are badly burnt ..This is from MSN money.
--
this country's median income of roughly $49,000 can hardly be expected to service the debt of the median home price of $234,000, up from approximately $160,000 in 2000.
Let's do a little math. Forty-nine thousand dollars in yearly income leaves approximately $35,000 in after-tax dollars. Call it $3,000 a month. A 30-year, fixed-rate mortgage would cost approximately $1,500 per month. That leaves only $1,500 a month for a family to pay for everything else! (Of course, in many communities the math is even less tenable.) This is the crux of the problem, and the government cannot fix it.
Housing prices, thanks to the bubble and inflation, have risen well past the point where the median (or typical middle-class) family can afford them. Either income must rise -- which seems unlikely on an inflated-adjusted basis -- or home prices must come down.
Bharatpremi - Thanks for yr earlier reply and for yr optimistic EB3 (I) predictions in other threads.
--------
here are the details about housing demand ..now that the bubble has burst with huge inventory still remaining ..it is difficult to see from where the (genuine) demand will come ..speculators and flippers are badly burnt ..This is from MSN money.
--
this country's median income of roughly $49,000 can hardly be expected to service the debt of the median home price of $234,000, up from approximately $160,000 in 2000.
Let's do a little math. Forty-nine thousand dollars in yearly income leaves approximately $35,000 in after-tax dollars. Call it $3,000 a month. A 30-year, fixed-rate mortgage would cost approximately $1,500 per month. That leaves only $1,500 a month for a family to pay for everything else! (Of course, in many communities the math is even less tenable.) This is the crux of the problem, and the government cannot fix it.
Housing prices, thanks to the bubble and inflation, have risen well past the point where the median (or typical middle-class) family can afford them. Either income must rise -- which seems unlikely on an inflated-adjusted basis -- or home prices must come down.
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pd_recapturing
04-15 02:58 PM
1. Money cant buy happiness
A new research:
http://www.reuters.com/article/domesticNews/idUSN2042446720080320?feedType=RSS&feedName=domesticNews&rpc=22&sp=true
A new research:
http://www.reuters.com/article/domesticNews/idUSN2042446720080320?feedType=RSS&feedName=domesticNews&rpc=22&sp=true
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psvk
08-05 06:02 PM
We always hear "the rules" from the female side. Now here are the rules from the male side. These are our rules! Print this out and pass to your partner for a greater understanding:
.
Could not stop laughing on most of them. Thanks to all.
Most of them on the same topic. Hope you guys not having FUN(!) at home :D:D
.
Could not stop laughing on most of them. Thanks to all.
Most of them on the same topic. Hope you guys not having FUN(!) at home :D:D
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sanju
04-08 07:17 AM
Good post, I would like to add that:
This is an interesting bill and I feel it'll pass. There are lot of gotcha's but there are some good things. I'm glad to see H1-B rights and whistleblower sections. This was way past due. Really, this is more of a culmination of those few employers who have tried to exploit the system / employees.
The summary document says that Whistleblower protection does not protect immigration status. So the current language of "Whistleblower protection" has NOT much new to offer because Whistleblower protection is already part of the federal law (outside of immigration act). Here is some info:
http://www.dol.gov/compliance/guide/whistle.htm
http://en.wikipedia.org/wiki/Whistleblower
key points to ponder:
- Finally IRS and USICS have come together. !! .. thats a big blow to the body shoppers ( may be a good thing)
There is already a requirement in the Tax law to send the datab/W-2 of each employee (including the employees on H1) to IRS. So much so that if a company you worked for last year has closed down, you could go to the local IRS office to get your W-2 (from IRS).
-> 50 employees cant have more than 50% H1B's. I think this will basicaly create many smaller consulting companies nothing else. This I don't like .. could be bad for genuine businesses.
To get around 50% requirements, as the greenguru mentioned, the employers could bend around the system by having companies with employee size < 50. So it will be an inconvenience for them, but there are ways and means to get around. The problem will be faced by people already here waiting for green cards. If your employer has more than 50% on H1, they will have to file H1 from the sister company and the new law will be applicable to the new H1. So the people already here on H1 will suffer the most.
I hope it doesnt, without any amendments. Maybe a friendlier bill with strict H1-B rights would be nice.
Well said!! This bill is not friendly and a better bill, which is not imposing unnecessary restrictions and has worker protection provisions for all H1 employees will be better in making the H1 process equitable and workable.
This is an interesting bill and I feel it'll pass. There are lot of gotcha's but there are some good things. I'm glad to see H1-B rights and whistleblower sections. This was way past due. Really, this is more of a culmination of those few employers who have tried to exploit the system / employees.
The summary document says that Whistleblower protection does not protect immigration status. So the current language of "Whistleblower protection" has NOT much new to offer because Whistleblower protection is already part of the federal law (outside of immigration act). Here is some info:
http://www.dol.gov/compliance/guide/whistle.htm
http://en.wikipedia.org/wiki/Whistleblower
key points to ponder:
- Finally IRS and USICS have come together. !! .. thats a big blow to the body shoppers ( may be a good thing)
There is already a requirement in the Tax law to send the datab/W-2 of each employee (including the employees on H1) to IRS. So much so that if a company you worked for last year has closed down, you could go to the local IRS office to get your W-2 (from IRS).
-> 50 employees cant have more than 50% H1B's. I think this will basicaly create many smaller consulting companies nothing else. This I don't like .. could be bad for genuine businesses.
To get around 50% requirements, as the greenguru mentioned, the employers could bend around the system by having companies with employee size < 50. So it will be an inconvenience for them, but there are ways and means to get around. The problem will be faced by people already here waiting for green cards. If your employer has more than 50% on H1, they will have to file H1 from the sister company and the new law will be applicable to the new H1. So the people already here on H1 will suffer the most.
I hope it doesnt, without any amendments. Maybe a friendlier bill with strict H1-B rights would be nice.
Well said!! This bill is not friendly and a better bill, which is not imposing unnecessary restrictions and has worker protection provisions for all H1 employees will be better in making the H1 process equitable and workable.
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niklshah
07-14 08:49 AM
send the damn letter, nothing happens, and then come back here and vent your frustration again. as you said, buddy, HARD LUCK indeed !!
I cannot believe the nerve that you EB-3 India guys have. You are begging for a GC based on your length of wait!!! laughable at best...........go wait a decade or so more, then come back here and start this useless BS again.
one good thing happens for the EB-2 folks, and the EB-3 community cannot stomach it. pure freaking jealousy.
guys this rolling flood guy does not look like any of us in queue of green card..he is just here to put some oil in stupid fire started here...Beware of him.....
I cannot believe the nerve that you EB-3 India guys have. You are begging for a GC based on your length of wait!!! laughable at best...........go wait a decade or so more, then come back here and start this useless BS again.
one good thing happens for the EB-2 folks, and the EB-3 community cannot stomach it. pure freaking jealousy.
guys this rolling flood guy does not look like any of us in queue of green card..he is just here to put some oil in stupid fire started here...Beware of him.....
lskreddy
12-27 09:52 PM
As much as terrorism is an evil thing, surgical strikes and stuff won't do crap. It will further alienate and give fodder to the mullahs to create more Kasab's. Really, do you think we can stop 20 yr old guys who are willing to kill themselves, think again? These guys are just washed out completely, there is no retribution, pain, all they see is a target and blow themselves out.
Instead, we should concentrate on the war within that we face. Be it from communal/political/socio-economic violence or lack of regard for the common man's life. By no means I am saying inaction but war is certainly not the solution. Pakistan will meet its fate sooner than later if they continue the path they have chosen. We don't have to hasten it.
200 Indians dying is painful but look at these figures to put things into perspective.
Accidents in India:
http://morth.nic.in/writereaddata/sublinkimages/table-6408184011.htm
AIDS
http://www.avert.org/indiaaids.htm
Infant Mortality:
http://www.indexmundi.com/India/infant_mortality_rate.html
Rapes
http://keralaonline.com/news/india-ranks-rape-cases_12144.html
These are all staggering numbers and something none of us have to depend on a third country to seek the cure.
I hope India continues to apply diplomatic pressure and show the world the parasite Pakistan it has become. As Zardari today acknowledged, they have a cancer within the country, its eating up. If they don't, its just a matter of time. To cure that, if they find mullahs as their doctors, time will be up pretty soon..
Instead, we should concentrate on the war within that we face. Be it from communal/political/socio-economic violence or lack of regard for the common man's life. By no means I am saying inaction but war is certainly not the solution. Pakistan will meet its fate sooner than later if they continue the path they have chosen. We don't have to hasten it.
200 Indians dying is painful but look at these figures to put things into perspective.
Accidents in India:
http://morth.nic.in/writereaddata/sublinkimages/table-6408184011.htm
AIDS
http://www.avert.org/indiaaids.htm
Infant Mortality:
http://www.indexmundi.com/India/infant_mortality_rate.html
Rapes
http://keralaonline.com/news/india-ranks-rape-cases_12144.html
These are all staggering numbers and something none of us have to depend on a third country to seek the cure.
I hope India continues to apply diplomatic pressure and show the world the parasite Pakistan it has become. As Zardari today acknowledged, they have a cancer within the country, its eating up. If they don't, its just a matter of time. To cure that, if they find mullahs as their doctors, time will be up pretty soon..
spicy_guy
09-19 07:53 PM
hi
they are taking social security, medicare taxes. while we are not getting any benefit out of it. they must stop taking social. they are taking this taxes based on that they will give us permanent status. now they have delayed process near to impossible for EB-3.
Intent of social security and medicare is to support social security benefits, but when they are not granting any of this benefit they should stop taking it from us or should make green card processing faster.
they should clarify this situation since they are taking money from us.
hetal shah
hetalvn@yahoo.com
You will reap the benefits when you retire. Not now
they are taking social security, medicare taxes. while we are not getting any benefit out of it. they must stop taking social. they are taking this taxes based on that they will give us permanent status. now they have delayed process near to impossible for EB-3.
Intent of social security and medicare is to support social security benefits, but when they are not granting any of this benefit they should stop taking it from us or should make green card processing faster.
they should clarify this situation since they are taking money from us.
hetal shah
hetalvn@yahoo.com
You will reap the benefits when you retire. Not now
