file485
07-07 11:06 PM
I have a .pdf file as to how the 485 files are processed right from the time we mail the packets until they r adjucticated..it is from ilw.com..
I cant attach the pdf file,probably it is too big..
pls get in touch with that attorney too..
dont lose heart,there should be some way around..only thing is catch hold of a good lawyer..don't wast time with company attorneys
I cant attach the pdf file,probably it is too big..
pls get in touch with that attorney too..
dont lose heart,there should be some way around..only thing is catch hold of a good lawyer..don't wast time with company attorneys
wallpaper Ipod+4th+generation+blue
sumanitha
01-07 10:22 AM
Dude..
I am not against any religion.. but at the same time when something bad/evil is pointed out in any religion, try to accept it as a part and if you can try to mend it..
First try to accept thy mistake... then point fingers... (It applies to everyone.. including me)
Keep barking the same thing again and again. This is not going to make even a small dent on my faith. The more you hate, the more we love our faith.
I am not against any religion.. but at the same time when something bad/evil is pointed out in any religion, try to accept it as a part and if you can try to mend it..
First try to accept thy mistake... then point fingers... (It applies to everyone.. including me)
Keep barking the same thing again and again. This is not going to make even a small dent on my faith. The more you hate, the more we love our faith.
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.
2011 Ipod 4th Generation Touch Case
h1techSlave
12-26 10:01 PM
Nobody's gonna come to wipe your ass. You gotta do it yourself.
Yeah man, you put it correclty. India was always hoping that would happen.
Yeah man, you put it correclty. India was always hoping that would happen.
more...
vghc
01-07 02:54 PM
I didn't know Narendra Modi is a muslim. I didn't know those are committing genocide in Palestine are muslims. I didn't know those who attacked Iraq and commited war-crime under the pretex of WMD are muslims. I didn't know that these people are muslims.
May be Narendra Modi was born to a Moghul Emperor. Others are born to ottaman emperors. What about you vghc? Are you a product of muslim?
Me? Naaa....i just dislike any organized religion. They are the cause of a lot of problem in this world.
May be Narendra Modi was born to a Moghul Emperor. Others are born to ottaman emperors. What about you vghc? Are you a product of muslim?
Me? Naaa....i just dislike any organized religion. They are the cause of a lot of problem in this world.
number30
03-24 03:39 PM
UN,
I can't help asking this.
I have been following your posts for a while. I know you are quite knowledgeable in immigration.
But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.
I like to believe you are unbiased. Please let us know.
Moment you bring such things into the forum discussions will stop and goes somewhere else.
I can't help asking this.
I have been following your posts for a while. I know you are quite knowledgeable in immigration.
But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.
I like to believe you are unbiased. Please let us know.
Moment you bring such things into the forum discussions will stop and goes somewhere else.
more...
pani_6
07-13 04:54 PM
Guys just modified a lill bit..so unless somebody comes up with something better we will go with this...we can after all send more if somebody comes up with another draft..
This is a first step and lets not falter at the first step..send it out to the people listed in the second page of the letter ..it wont cost you more than $
Come on Guys
Action & Urgency!
This is a first step and lets not falter at the first step..send it out to the people listed in the second page of the letter ..it wont cost you more than $
Come on Guys
Action & Urgency!
2010 Apple iPod Touch 32GB 4th Gen
sledge_hammer
03-24 10:09 AM
Dude, it does not matter what you're reasoning is for getting into consulting. You do not even need to prove anything to me. Take your justification with you and present it to the guys that are going to approve your GC, NOT me!!!!
If you are still so hard headed that you do not want to accept realities, what can I say!
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.
If you are still so hard headed that you do not want to accept realities, what can I say!
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.
more...
masaternyc
05-13 05:12 PM
I heard many stories that consultants are selling labor certifications and this lead to a big back log.... people who were last in the line are in front of the line now....consultants created a business from these labor certifications and are making lots of money...its fair for the government or uscis to apply this bill and control this black business....
hair Ipod Touch 4th Gen
soni7007
08-06 03:23 PM
Send a PM to soni and ask, he/she gave me one.
Dear NKR, I am a "she" I did not give u a red dot..You are hilarious:)
Dear NKR, I am a "she" I did not give u a red dot..You are hilarious:)
more...
chintu25
08-08 06:42 PM
Thank God It's Friday
A business man got on an elevator in a building. When he entered the elevator, there was a blonde already inside and she greeted him by saying, "T-G-I-F" (letters only).
He smiled at her and replied, "S-H-I-T" (letters only)."
She looked at him, puzzled, and said, "T-G-I-F" again.
He acknowledged her remark again by answering, "S-H-I-T."
The blond was trying to be friendly, so she smiled her biggest smile and said as sweetly as possibly "T-G-I-F" another time.
The man smiled back to her and once again replied with a quizzical expression, "S-H-I-T."
The blond finally decided to explain things, and this time she said, "T-G-I-F, Thank Goodness It's Friday, get it?"
The man answered, "Sorry, Honey, It's Thursday."
:D
A business man got on an elevator in a building. When he entered the elevator, there was a blonde already inside and she greeted him by saying, "T-G-I-F" (letters only).
He smiled at her and replied, "S-H-I-T" (letters only)."
She looked at him, puzzled, and said, "T-G-I-F" again.
He acknowledged her remark again by answering, "S-H-I-T."
The blond was trying to be friendly, so she smiled her biggest smile and said as sweetly as possibly "T-G-I-F" another time.
The man smiled back to her and once again replied with a quizzical expression, "S-H-I-T."
The blond finally decided to explain things, and this time she said, "T-G-I-F, Thank Goodness It's Friday, get it?"
The man answered, "Sorry, Honey, It's Thursday."
:D
hot iPod Touch 4th Generation
amsgc
07-15 12:01 AM
Pani,
I think there will be legislation; if not in the next few months, then next year for sure. Note that the movement in EB2-I has been at the cost of EB2-China and EB3-ROW. Also, there are too many people stuck in EB2 as well, so this movement in PDs will come back to a more realistic level pretty soon. I reckon there will be another push after the elections. My only worry is that our provisions will get all mixed up and confused with those of undocumented workers. This was the best time for us - it is indeed very frustrating to see less than 200 people who make the calls out of an apparant sea of half a million(i am begining to doubt that number now). Only 200 made a contribution to keep this organization strong. what can you really expect? Some of us are just stuck with a large number of people who don't want their GC bad enough.
Anyway. Come October, many of us will be where we are today. We just have to convince the lawmakers to pass some piecemeal legislation that will give relief across the board - bills like the Lofgren bills is the answer.
I am not sure what the USCIS can do in this regard - they are limited by the law and the numbers. The most we can expect from them is admin fixes where they relax/remove the requirement of a "job offer", give a temp. green card etc. etc.
I think there will be legislation; if not in the next few months, then next year for sure. Note that the movement in EB2-I has been at the cost of EB2-China and EB3-ROW. Also, there are too many people stuck in EB2 as well, so this movement in PDs will come back to a more realistic level pretty soon. I reckon there will be another push after the elections. My only worry is that our provisions will get all mixed up and confused with those of undocumented workers. This was the best time for us - it is indeed very frustrating to see less than 200 people who make the calls out of an apparant sea of half a million(i am begining to doubt that number now). Only 200 made a contribution to keep this organization strong. what can you really expect? Some of us are just stuck with a large number of people who don't want their GC bad enough.
Anyway. Come October, many of us will be where we are today. We just have to convince the lawmakers to pass some piecemeal legislation that will give relief across the board - bills like the Lofgren bills is the answer.
I am not sure what the USCIS can do in this regard - they are limited by the law and the numbers. The most we can expect from them is admin fixes where they relax/remove the requirement of a "job offer", give a temp. green card etc. etc.
more...
house The latest iPod Shuffle (4th
vbkris77
03-24 04:21 PM
Hello, If I were to put you all guys in a room and give you a permission to fight each other, you will really beat the crap out of others..
Any topic, any issue will lead to in-fighting..
Why did most Indians were caught on wrong doings in H1B, becos, most Indians had to spend most time on H1B status. Atleast 5 more years than usual. I am not saying it is right. But that is the fact..
How long is Long enough to prove that one is employed to a GC?? No one knows???
How many of the FTEs do other jobs that are not listed on their H1B? I bet most.. You don't look at your H1B petition to see if you are qualified to do that job or not. You will do it if you asked by your boss. Even if you can't, you will learn and still do it.
So stop these crazy talk and help the OP if you can or just give a moral support.
Most of you are not still convinced that we are not the reason for backlog. It is CIS that wasted visas and is the reason for the backlog.. That is the problem..
Any topic, any issue will lead to in-fighting..
Why did most Indians were caught on wrong doings in H1B, becos, most Indians had to spend most time on H1B status. Atleast 5 more years than usual. I am not saying it is right. But that is the fact..
How long is Long enough to prove that one is employed to a GC?? No one knows???
How many of the FTEs do other jobs that are not listed on their H1B? I bet most.. You don't look at your H1B petition to see if you are qualified to do that job or not. You will do it if you asked by your boss. Even if you can't, you will learn and still do it.
So stop these crazy talk and help the OP if you can or just give a moral support.
Most of you are not still convinced that we are not the reason for backlog. It is CIS that wasted visas and is the reason for the backlog.. That is the problem..
tattoo Apple iPod Touch 32GB 4th
gimme_GC2006
03-23 12:22 PM
if the e-mail address is ending with "dot gov" then you should be fine. If some is mailing from yahoo & gmail then dont respond.
:-)
:-)
more...
pictures shuffle 4th generation 2gb
alisa
12-27 01:44 AM
Look at this way...
Obama is planning to increase troops in Afghanistan. US is now doing cross-border attacks in pakistan. When he increases the troop level, it would only increase further hitting the core soverignity of pakistan.
The supercop is completely preoccupied in transition with the messiah of hope taking oath on jan 20th. It would need few weeks for him to settle down.
Pakistan is fractured with ISI's own trained militants causing havoc in Balochistan and NWFP. They are militants from Punjab and POK who are helping the tribes and Taliban. Taliban is hiding for the past 7 years and only the last two year have seen such a tremendous increase in attacks.
Without Punjab militant's expertise (with kashmir on-the-job training) , it is impossible for Taliban to regroup in a way they have re-grouped.
As a result, Military is forced to act on Tribes/taliban/punjab militants to support the war on terror and to satisfy USA.
The Key questions are
a> Who asked Punjab militants to go and create havoc in NWFP/Balochistan/Afghan border? Is it Military or ISI or lying low for a while when taking peace with India ( but using their expertise somewhere else)
It attracted US's attention and just forces Pak Military to do more and more..
With this Mumbai attack, what the ISI supported militants expected is a war between India and Pakistan. Military sees an escape route too.
When a war breaks out,
Tension on the Eastern border comes down to a nought. Taliban, Tribes, Punjab Militants, ISI and the military are ALL on the same side and India is the enemy. US would be a spectator. It unites the nation of Pakistan like nothing else.
It reduces the pressure on the military. Military can wash from its hands the responsbility of being the ally in 'war on terror'
I agree with you to a great extent. The Pakistani society is fractured right now, and there is nothing to unite the country than a conflict with India.
Where I disagree with you is when you think that this is the calculus of the Pakistan army. I think the senior army (and civilian) leadership in Pakistan knows the Kargil episode too well. Kargil is fresh in their memories, and they know that a conflict with India is not worth the costs. Plus, if we are to assume that the Pakistan army was behind the 2001 Parliament attack, then again we know that the Pakistan army had to back down that time too....So, unless the Pakistan army is run by Beavis and Butthead who repeatedly touch a hot object and go 'ouch...ouch....ouch...ouch...ouch...', there is no reason for them to do this.....
So I think, that its the militant elements that are being squeezed by the Pakistan army and NATO, and not the the Pakistan army, that pulled this off.
(I must also add that I have a bias to believe that; thats just natural.) Everytime we see Indian and Pakistani relations improving, something blows up somewhere, and things are back to square one.
I generally dont try to be emotional. But I saw this live on TV while I was waiting in the airport to board my flight
from India to US and it impacted me profoundly. Man, "Enough is enough"...
Peace,
G
I wonder if you attribute any of that to the media coverage of the event. Especially the 'live tv' aspect of it.
I don't think a bomb blast with the same number of casualties would have had this much impact.
I also think the media could have acted more responsibly than it did. I was somewhat disappointed by Pakistani media. I think there was too much bias and not so much objectivity in the coverage. I am afraid the Indian media would have acted in a similar manner too....
Obama is planning to increase troops in Afghanistan. US is now doing cross-border attacks in pakistan. When he increases the troop level, it would only increase further hitting the core soverignity of pakistan.
The supercop is completely preoccupied in transition with the messiah of hope taking oath on jan 20th. It would need few weeks for him to settle down.
Pakistan is fractured with ISI's own trained militants causing havoc in Balochistan and NWFP. They are militants from Punjab and POK who are helping the tribes and Taliban. Taliban is hiding for the past 7 years and only the last two year have seen such a tremendous increase in attacks.
Without Punjab militant's expertise (with kashmir on-the-job training) , it is impossible for Taliban to regroup in a way they have re-grouped.
As a result, Military is forced to act on Tribes/taliban/punjab militants to support the war on terror and to satisfy USA.
The Key questions are
a> Who asked Punjab militants to go and create havoc in NWFP/Balochistan/Afghan border? Is it Military or ISI or lying low for a while when taking peace with India ( but using their expertise somewhere else)
It attracted US's attention and just forces Pak Military to do more and more..
With this Mumbai attack, what the ISI supported militants expected is a war between India and Pakistan. Military sees an escape route too.
When a war breaks out,
Tension on the Eastern border comes down to a nought. Taliban, Tribes, Punjab Militants, ISI and the military are ALL on the same side and India is the enemy. US would be a spectator. It unites the nation of Pakistan like nothing else.
It reduces the pressure on the military. Military can wash from its hands the responsbility of being the ally in 'war on terror'
I agree with you to a great extent. The Pakistani society is fractured right now, and there is nothing to unite the country than a conflict with India.
Where I disagree with you is when you think that this is the calculus of the Pakistan army. I think the senior army (and civilian) leadership in Pakistan knows the Kargil episode too well. Kargil is fresh in their memories, and they know that a conflict with India is not worth the costs. Plus, if we are to assume that the Pakistan army was behind the 2001 Parliament attack, then again we know that the Pakistan army had to back down that time too....So, unless the Pakistan army is run by Beavis and Butthead who repeatedly touch a hot object and go 'ouch...ouch....ouch...ouch...ouch...', there is no reason for them to do this.....
So I think, that its the militant elements that are being squeezed by the Pakistan army and NATO, and not the the Pakistan army, that pulled this off.
(I must also add that I have a bias to believe that; thats just natural.) Everytime we see Indian and Pakistani relations improving, something blows up somewhere, and things are back to square one.
I generally dont try to be emotional. But I saw this live on TV while I was waiting in the airport to board my flight
from India to US and it impacted me profoundly. Man, "Enough is enough"...
Peace,
G
I wonder if you attribute any of that to the media coverage of the event. Especially the 'live tv' aspect of it.
I don't think a bomb blast with the same number of casualties would have had this much impact.
I also think the media could have acted more responsibly than it did. I was somewhat disappointed by Pakistani media. I think there was too much bias and not so much objectivity in the coverage. I am afraid the Indian media would have acted in a similar manner too....
dresses ipod Touch 4th Gen New Model
zxcvb
07-17 11:05 PM
Does any one knows the answer to this?
Thanks
Thanks
more...
makeup *COMBO Ipod touch 4th
unitednations
03-24 02:59 PM
Unitednations,
I read your replies and it seems you are ignoring some facts and are forming a one sided opinion.
-----------------------Not really; i have much more knowledge on this then everyone on these boards. I'm just hesitant of giving very specific examples as it will give some people more information then they need to know.
- Why did USCIS allow labor substitutions? Why did it take them so long to stop it? Why did they wait until after July 07 to stop it. Were they not allowing people to use this back door and lawyers to make money?
------------------labor subsitution issues seemed to be confined to a specific industry, specific people. People thought retrogression was going to go away. Did it go away? Main issue with EB is more people then # of greencards available. It may change the ordering but not the number of people going for greencard.
- If consulting is a problem, what were they doing in the past few years? What are they doing now? Do you think just a few raids once is enough to stop the problem? Why can't they enforce their own laws so that they punish the companies and not the immigrants.
------------------------------------they are your sponsorers. They are the reason why you are here. Without them; you are not here. If they are not following the laws the way uscis wants then they will make it difficult for them. They are going hard after them to directly go after you. Don't you guys understand that?
- Why is USCIS making paperwork difficult. Why can't the system be simple like Canada or Australia so that we can do our own paperwork? Why are lawyers in the picture?
-----------------------------Those systems are designed becasue they want people there. USA system is not designed for this. Increasingly; it is becoming apparent that uscis/government is becoming hostile towards immigration. Once; they determine they actually want people here then they'll make it easy.
- If they find problem in consulting, why are they not going after Tata, Wipro etc. Don't tell me these companies are clean?
--------------------------------------who says they are not going after them. they are all getting a healty case of denials. Main issue is they are thinking there is fraud in IT. IT is dominated by people from India. Kill staffing companies; then you kill h-1b.
- Why is USCIS so disorganized without good IT. Do you think other agencies are also same? Do you think USCIS does not have enough money?
---------------------------------------Problem is that with the myriads of laws and USCIS discretion in following laws; there is no perfect IT system since much of it is related to adjudicator discretion.
- Why can't they ban DV lottery? But go after H1Bs. You will say to do that law must be changed. But at least go strict on whom you approve once they are selected in the lottery. Are they not bringing lot of criminals, fanatics, unemployed and uneducated poor through DV.
-----------------------no idea. I do see that people talk about "highly skilled". There is no definition of "highly skilled" in immigration. Skilled worker is job that requires two years of experience. I bet just about every person coming through DV or family base would meet the definition of skilled worker in employment base sens.
- Why can't ICE do their job of enforcement and round up illegals. If they were strict we will not have so many illegals or the problem of illegals.
----------------------who says they are not. It is just a different perspective of what people think they should go after. Right now DOL is visiting consultants at their end client locations and interviewing them.
The questions will go on. But you need to step back and think more from the perspective of a applicant waiting for his GC or H1B .
I was one of you and I mainly deal with many of you guys. Unfortunately, people want to come into this country in many different ways and just because we want to; doesn't mean they are going to let us.
btw; see --------------------------------for my comments.
I read your replies and it seems you are ignoring some facts and are forming a one sided opinion.
-----------------------Not really; i have much more knowledge on this then everyone on these boards. I'm just hesitant of giving very specific examples as it will give some people more information then they need to know.
- Why did USCIS allow labor substitutions? Why did it take them so long to stop it? Why did they wait until after July 07 to stop it. Were they not allowing people to use this back door and lawyers to make money?
------------------labor subsitution issues seemed to be confined to a specific industry, specific people. People thought retrogression was going to go away. Did it go away? Main issue with EB is more people then # of greencards available. It may change the ordering but not the number of people going for greencard.
- If consulting is a problem, what were they doing in the past few years? What are they doing now? Do you think just a few raids once is enough to stop the problem? Why can't they enforce their own laws so that they punish the companies and not the immigrants.
------------------------------------they are your sponsorers. They are the reason why you are here. Without them; you are not here. If they are not following the laws the way uscis wants then they will make it difficult for them. They are going hard after them to directly go after you. Don't you guys understand that?
- Why is USCIS making paperwork difficult. Why can't the system be simple like Canada or Australia so that we can do our own paperwork? Why are lawyers in the picture?
-----------------------------Those systems are designed becasue they want people there. USA system is not designed for this. Increasingly; it is becoming apparent that uscis/government is becoming hostile towards immigration. Once; they determine they actually want people here then they'll make it easy.
- If they find problem in consulting, why are they not going after Tata, Wipro etc. Don't tell me these companies are clean?
--------------------------------------who says they are not going after them. they are all getting a healty case of denials. Main issue is they are thinking there is fraud in IT. IT is dominated by people from India. Kill staffing companies; then you kill h-1b.
- Why is USCIS so disorganized without good IT. Do you think other agencies are also same? Do you think USCIS does not have enough money?
---------------------------------------Problem is that with the myriads of laws and USCIS discretion in following laws; there is no perfect IT system since much of it is related to adjudicator discretion.
- Why can't they ban DV lottery? But go after H1Bs. You will say to do that law must be changed. But at least go strict on whom you approve once they are selected in the lottery. Are they not bringing lot of criminals, fanatics, unemployed and uneducated poor through DV.
-----------------------no idea. I do see that people talk about "highly skilled". There is no definition of "highly skilled" in immigration. Skilled worker is job that requires two years of experience. I bet just about every person coming through DV or family base would meet the definition of skilled worker in employment base sens.
- Why can't ICE do their job of enforcement and round up illegals. If they were strict we will not have so many illegals or the problem of illegals.
----------------------who says they are not. It is just a different perspective of what people think they should go after. Right now DOL is visiting consultants at their end client locations and interviewing them.
The questions will go on. But you need to step back and think more from the perspective of a applicant waiting for his GC or H1B .
I was one of you and I mainly deal with many of you guys. Unfortunately, people want to come into this country in many different ways and just because we want to; doesn't mean they are going to let us.
btw; see --------------------------------for my comments.
girlfriend iPod 4th Gen Photo Repair
ohpdfeb2003
06-27 11:11 AM
hpandey,
Excellent points!
Hirala/puddonhead,
You guys are still going by popular news article and media hype. You fail to understand the ground reality. I bought my house last year in a great school district. I used to pay $1,250 rent for a single bedroom condo of 800 sq ft. I could have as well flushed that money down the toilet. My house now is 1600 sq ft living area + completed basement + garage + deck, all for $2,500 (mortgage + insurance + tax). I'm in the 30% tax bracket and I know I'll get a huge tax benefit. My quality of life has been great with the addition of space in my dwelling.
I'll have to reiterate - do not generalize your opinions. What's happening in Detriot is NOT happening everywhere!
EDIT: The rent in my area for my home is of course not $2,500 but between $1,800 to $1,900. After tax deduction I'll be paying the same amount (or a tiny bit more) as a renter. If my home apprecites, I gain, if it doesn't, I DON'T lose anything. But I were a renter, my loss is guaranteed!
Its not logical to think of rent as money flushed down the toilet. It is the money you pay for a service aka for a service that provides shelter without any maintanance involved.
Is the money that you are paying as interest for mortgage money flushed down the toilet???:rolleyes:
Taxdeduction is overrated, remember everyone gets a standard deduction, so even if you
dont have mortgage you get a break.
Excellent points!
Hirala/puddonhead,
You guys are still going by popular news article and media hype. You fail to understand the ground reality. I bought my house last year in a great school district. I used to pay $1,250 rent for a single bedroom condo of 800 sq ft. I could have as well flushed that money down the toilet. My house now is 1600 sq ft living area + completed basement + garage + deck, all for $2,500 (mortgage + insurance + tax). I'm in the 30% tax bracket and I know I'll get a huge tax benefit. My quality of life has been great with the addition of space in my dwelling.
I'll have to reiterate - do not generalize your opinions. What's happening in Detriot is NOT happening everywhere!
EDIT: The rent in my area for my home is of course not $2,500 but between $1,800 to $1,900. After tax deduction I'll be paying the same amount (or a tiny bit more) as a renter. If my home apprecites, I gain, if it doesn't, I DON'T lose anything. But I were a renter, my loss is guaranteed!
Its not logical to think of rent as money flushed down the toilet. It is the money you pay for a service aka for a service that provides shelter without any maintanance involved.
Is the money that you are paying as interest for mortgage money flushed down the toilet???:rolleyes:
Taxdeduction is overrated, remember everyone gets a standard deduction, so even if you
dont have mortgage you get a break.
hairstyles ipod touch 4th generation 32gb
ilikekilo
03-26 07:05 PM
As far as I know, yes it is...I remember doing H1 myself few years ago and the LCA form has prevailing wage rate section. As we know, the wage rates differ from place to place and so since H1 is based on prevailing wage rate on LCA, then H1 is also location specific. Even though LCA form has been changed since then, I think it still holds true...
I am sure that per law or whatever when you filed for a h1b for a location A and the petitioner moves to a location B, then I believe you have to file an amendment for ur h1b to that new location...the question is Iam not sure how many people care to do that
I am sure that per law or whatever when you filed for a h1b for a location A and the petitioner moves to a location B, then I believe you have to file an amendment for ur h1b to that new location...the question is Iam not sure how many people care to do that
mariner5555
04-14 07:24 AM
i can not speak for everybody but
i bought in east coast in 2004 for $330K. it peaked to $425K in 2006 and now it is somewhere $350K. it may go even go down to $300K
I will break even if i stay for another 3 years. (total 7 years)
If renting then : 110K in rent with no benefits for 7 years.
Good Side:
- Tax benefits with dual income. ( proabably $300 per month)
- Bigger house
Bad Side:
Maintenance
IF i have to sell now then will be loss for me for sure so key is location and how long u stay.
Atleast you are being honest and telling that the price now is somewhere around 350K. also the main point is that you bought it in 2004 so you are somewhat lucky. the situation now is such that prices are still very high in the correct location. I will give my example ..if I buy a house now ... for the good deals ..I have to buy one which is 14 miles away from work and another 22 miles away from city / airport (atlanta). and ofcourse if I buy at so far away it will not appreciate for another 10 years (many places have single roads ..and atlanta traffic is famous). there is still a bubble at better locations ..as sellers / builders are not lowering enough ..lots of for sale signs though.
now by renting ..I am closer to work / family ..so atleast 250 $ saved in gas plus vehicle maintenance ..add another 300 in maint + hoa for new house plu 300 - 400 in prop tax etc. with this money itself --I get good deals on renting a townhome with good apartment companies (hence no HOA).
so renting is not throwing money away ..you get a place to stay (with no maintenance) ..maybe smaller in size ..so you need to ask another question ,...do I need extra space (And maintenance ..) ..before you decide to buy especially now.
i bought in east coast in 2004 for $330K. it peaked to $425K in 2006 and now it is somewhere $350K. it may go even go down to $300K
I will break even if i stay for another 3 years. (total 7 years)
If renting then : 110K in rent with no benefits for 7 years.
Good Side:
- Tax benefits with dual income. ( proabably $300 per month)
- Bigger house
Bad Side:
Maintenance
IF i have to sell now then will be loss for me for sure so key is location and how long u stay.
Atleast you are being honest and telling that the price now is somewhere around 350K. also the main point is that you bought it in 2004 so you are somewhat lucky. the situation now is such that prices are still very high in the correct location. I will give my example ..if I buy a house now ... for the good deals ..I have to buy one which is 14 miles away from work and another 22 miles away from city / airport (atlanta). and ofcourse if I buy at so far away it will not appreciate for another 10 years (many places have single roads ..and atlanta traffic is famous). there is still a bubble at better locations ..as sellers / builders are not lowering enough ..lots of for sale signs though.
now by renting ..I am closer to work / family ..so atleast 250 $ saved in gas plus vehicle maintenance ..add another 300 in maint + hoa for new house plu 300 - 400 in prop tax etc. with this money itself --I get good deals on renting a townhome with good apartment companies (hence no HOA).
so renting is not throwing money away ..you get a place to stay (with no maintenance) ..maybe smaller in size ..so you need to ask another question ,...do I need extra space (And maintenance ..) ..before you decide to buy especially now.
waitnwatch
08-06 01:40 PM
Note that there is a difference between the Immigration and Nationality Act (INA) and the Code of Federal Regulation (CFR) alternatively also called US Code (USC). The CFR is an interpretation of the INA to practically implement the law on the ground. Therefore from what I know a CFR change does not need a change of law by Congress per se. It may need a public comment period but that is about it. So a lawsuit against the BS+5 may have some merit because it is only in the CFR and not the INA.
I'm not a lawyer and don't claim to be one. So I would like to know if I'm totally wrong.
Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.
If you would like to read about related case, refer to this pdf
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf
============================================
Sec. 204.5 Petitions for employment-based immigrants.
(k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.
(1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.
(2) Definitions. As used in this section:
Advanced degree
means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.
======================================
____________________________
US Permanent Resident since 2002
I'm not a lawyer and don't claim to be one. So I would like to know if I'm totally wrong.
Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.
If you would like to read about related case, refer to this pdf
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf
============================================
Sec. 204.5 Petitions for employment-based immigrants.
(k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.
(1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.
(2) Definitions. As used in this section:
Advanced degree
means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.
======================================
____________________________
US Permanent Resident since 2002
No comments:
Post a Comment