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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.





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  • puddonhead
    06-07 10:27 AM
    If you look at the details I posted, only $1050 goes to interest, insurance, and taxes. $400 goes to the principal. So, compared that to my $1200 rental, it is still wise choice. Isn't it?

    As per Zillow estimate, the value of the house I bought already appreciated by $10k above the purchase price.

    For the sake of discussion that it did not appreciate in the next 10 years (which I doubt because there's no other way to go but up) but the value stayed at purchase price, as per my amortization schedule, my loan would be at 75% of the purchase value. It means therefore that I already have a 25% equity of the house, which is $60k.

    If I saved the $250 per month at zero interest, I would have $30k. I don't know where you can find 5% interest p.a. investment today but for the sake of argument that I found one, I think I can't get the $60k at the end of 10th yr.

    Off topic - but I hope you have done a proper inspection with an independent inspection agency.

    99% of all Houses built after 2000 (i.e. during the boom time) are notorious for bad build quality. Chinese Drywall (http://www.google.com/search?q=chinese+drywall) anyone?





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  • shanti
    08-10 08:05 PM
    http://transcripts.cnn.com/TRANSCRIPTS/0608/10/ldt.01.html and you will find in the second half:

    "...BILL TUCKER, CNN CORRESPONDENT (voice over): Attorney John Miano had a simple request. He wanted to know how many H1B visas were issued in the years 2004, 2005. The government would not tell him.

    So...

    JOHN MIANO, CO-FOUNDER, PROGRAMMERS GUILD: I filed Freedom of Information Act request to get copies -- electronic copies of the records and applications for H1B guest worker visas.

    TUCKER: H1B visas are temporary guest worker visas which allow foreign workers with specialized skills to work in the United States. Miano's reasons for wanting to know the information are basic.

    MIANO: We do not know how many of H1B visas are being issued each year. The second big question we would know is, who is getting these visas?

    TUCKER: So, what was the government's response to his request? "We have completed our search for records responsive to your request but did not locate any." In other words, they lost the records.

    The response came from the person in charge of handling Freedom of Information Act requests. We asked the USCIS for a clarification, and a spokesman told us, "The response was a mistake and the letter was sent in error."

    The mistake came to their attention after LOU DOBBS TONIGHT asked them about it. The agency tells us that the information Miano was looking for could be available, but he would have to buy it for a fee of roughly $4,500 to $5,000.

    The former director of the Office of Internal Affairs at USCIS finds it outrageous that the information isn't immediately available and points out that Congress has been asking for this information for six months.

    MICHAEL MAXWELL, FMR. DIR. OF INTERNAL AFFAIRS, USCIS: If they are at all honest with the American public, we will see that there is a real problem with fraud in the H1B system, and it is being gamed by both terrorists and foreign agents.

    TUCKER: The national security implications are obvious.

    (END VIDEOTAPE)

    TUCKER: The USCIS is supposed to publish an annual report on the program, but no such report has been filed since (AUDIO GAP).

    And the Senate's so-called immigration reform would nearly double the size of the H1B program, and, Lou, it would add additional guest worker programs for USCIS to manage.

    DOBBS: It is stunning that the Citizenship and Immigration Service, the very agency that would be responsible if the Senate and the president have their way with this amnesty bill and so-called guest worker bill, they can't even administer a pathetically-run program like this. It's crazy.

    Why do they not know how many people are in this country?

    TUCKER: Well, it's been told to me by sources they do know. They just don't want to let anybody know because...

    DOBBS: Well, we've got a couple of answers to go with here. Either they don't know, they won't give it to you, and if they do have it, which they now say they might have, it's going to cost you five grand to find out.

    TUCKER: You got it.

    DOBBS: I've got to say, this -- this government is absolutely dysfunctional. And why this Congress, this president -- well, to the degree in which they're not aiding and abetting in the effort, are tolerating this kind of incompetence is beyond me, and a whole lot of other folks, obviously, including you, Bill Tucker. Thank you for that fine report. Taking a look now at some of your thoughts, Bob in Kansas wrote in to say, "Thank goodness for British Home Security. At least someone is protecting our borders. ..."





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  • validIV
    06-25 03:36 PM
    The only way renting is not throwing money away is if you can claim it as a tax expense (business for example). Otherwise you may as well be smoking that money every month. There is no way for you to recoup rent money, no matter what logic you may claim is sound. Renting should only be used as a stepping stone, to save up enough money to buy.

    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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  • srkamath
    07-13 07:22 PM
    I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.

    DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.

    Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.

    Just my observation.

    It is really terrible when one of our own members begins to sound like Lou Dobbs or Norman Matloff.........

    There are occupations other than computer programming, there are employers outside of the body-shop / contractor racket.
    There are honest AMERICAN employers that cannot find qualified MS / PhD level American workers where they are located. I truly feel sorry for those that get exploited by unscrupulous employers, therefore cannot believe that there are honest companies around..

    The AugVB is just a silver lining for many of us ... hopefully even EB3 will see better days. Goodbye.





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  • bfadlia
    01-09 06:15 PM
    The question is about common sense and not who said what... Israel might make mistakes but it has no need to bomb civilians or school compounds deliberately. It is a strong enough country that can wipe out the entire middle-east if it chose to but it does not do so probably because it isn't a failed state with an inferiority complex like most of its neighbors.

    a common sense guy like you would have dismissed iraqis claims of abuse in abu gharib.. america is a strong country, it doesn't need to molest prisoners..
    how luxurious for you to use ur common sense while victims still suffer after their stories were corobrated by unbiased witnesses



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  • unitednations
    03-26 04:51 PM
    We had similar case. It was in 2002. Company was ready to issue another future offer letter. Local USCIS office at Buffalo NY did not agree to continue process. They said job offer is gone the I-485 is gone and has valid reason the denial. They asked my friend to refile I-140 and I-485.

    What eventually happened to the case.

    The baltimore case I mentioned happened in 2005 which was certified by AAO.





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  • sanju
    12-17 03:08 PM
    This is exactly I hate. To divert focus of terrorism to Hindu group, Muslim leader comes out - WOW!

    Sounds like LeT informed Hindu group in advance that they are going to attack so as a by-product they can kill Karkare. Ha ha ha.

    Times Of India Headline: Antulay raises doubts over Karkare's killing

    Marphad,

    In the recent past, I expressed my views about the same subject on this forum. I was very angry with what happened in Mumbai. The desire to fix the wrong has not faded, but now that I look back, I regret some of the things I said at that time. My comments did not do any good and some of the coments offend few others on this forum. Those who felt offended by my comments are just as entitled to these forums as I am. I am not trying to be politically correct, just trying to say that it doesn't serves any purpose to discuss this issue on IV fourms.

    Branding all people from a specific faith doesn't help in anyways. For too long men have fought because of religion and each such time was avoidable.

    I do have a suggestion. To get some perspective, I suggest you watch the bollywood movie "New York", although I am not a big fan of bollywood movies.

    Peace.


    .



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  • pappu
    08-11 08:46 AM
    http://www.flcdatacenter.com/CaseH1B.aspx

    maybe we can do an official press release showing how dumb these people are. as far as i know all this information can be downloaded directly from the flc datacenter. we need to start writing op eds against people like lou dobbs who keep skewing the debate
    great find yabadaba. Thanks. I have sent this link to someone who can do some data analysis in our favor. However we are looking for EB GC data.

    do you/anyone know of any data sources for EB greencard applications on USCIS site/someone has already done stat research based on uscis data? We would be able to get independent analysis of that data by experts to our advantage. This analysis can be used by media when they interview us and also can be given to lawmakers to win their favor. you can PM me or post any such information on this forum and I can send it to experts I know.





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  • paskal
    07-08 09:15 PM
    paskal..

    seriously thinking about sending an email to Oppenheim, Charles to consider moving the dates in the bulletin liberally so no visas r lost each year..before there is another debacle with the October bulletin..

    maybe he is the right person to hear our misery..but not sure if they even consider our emails and tell us not to teach them what to do..

    Hi,

    thanks for your enthusiasm, i would suggest though - not writing to good old charlie, and focusing instead on your local lawmakers (HR and senators).
    We can make this fiasco a catalyst towards incremental reform of the immigration system. There remains a chance that we could get a bridging amendment before the year is up, to provide some relief at least- maybe recapture of numbers or 485 filing. If you have questions about what to send your lawmaker- or present a a meeting- look up your state chapter or contact iv core members- try sertasheep- send him a pm with your specific request.



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  • Marphad
    01-08 01:47 PM
    Intrestingly the artical also says...

    The Muslim faith envisioned by the Prophet in the Koran and recorded by his contemporaries in the Hadith is a religion that practices tolerance towards all races and religions, stresses the extreme importance of literacy and education, and elevates the status of women to unprecedented levels in many societies. This is the gentle, peaceful Muslim faith practiced everywhere in the world, except in Saudi Arabia and the Taliban provinces of Afghanistan and Pakistan

    I include Bangladesh in this. So that makes 350 million out of 1.6 billion :). Percentage is high, very high!

    Source: http://www.islamicpopulation.com/world_general.html





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  • gimme_GC2006
    03-23 11:48 PM
    Whoa... This is nasty. Asking for documents is one thing, but this is downright scary. The more the documents they ask for more are the chances they can find something wrong.

    Hire a good attorney and respond thru Attorney. Good luck with everything and keep us updated. I am really interested in the outcome. Hopefully they will give you what you want.

    yea..it looks scary..
    hey but I have decided not hire an attorney..just dont want to waste another grand on GC anymore.

    I will send whatever I can just tell them that I dont have contracts with client 'coz I am not expected to have them since its between employer and client.

    And will see how it goes..hopefully officer will understand it.

    But thanks to all of you..I will post here if anything useful happens or this might just end up as we need your latest finger prints. :cool:



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  • smuggymba
    07-28 02:45 PM
    But if you look past history, skilled immigration has had allies when Republican have been in power. Its a wrong notion that h1B/Eb people have that democratic party is for immigrant. Actually Democratci party is for the illegal masses only.

    Amnesty has been given by Democrats only earlier and this is their third attempt I guess





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  • optimystic
    04-06 02:08 AM
    Excellent analysis Jung.lee

    Summers are OK, but desis want their houses warm enough in the winter for a lungi or veshti

    I couldn't control my laughter. You have a good sense of humor too

    Wow...do people wear lungi at home in winter !! May be in the temperate climates of bay area and further down in So Cal :)

    But up here in North Cal (Roseville), where quite a few times the lawns freeze during early winter mornings, I feel cold even with full length fleece pants inside my home!! :D . But anyway, that might just be my excuse to not wear a lungi :) ....Never liked wearing it when I was growing up as well...preferred pajamas !



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  • puddonhead
    06-05 04:20 PM
    >> Savings on tax deductions/yr: $ 4,050 (30% bracket, $13.5K interest)

    This assumption may not be correct. You can take tax deduction for mortgage only if you forego standard deduction. Assuming it is a 3 people household (Mr., Missus and Master) - you would forego the standard deduction of around 10k. So the marginal tax saving would only be around 1k assuming 30% bracket.

    In case you itemize anyway (small business owners typically have to do this) - then your calculation of $4k in net tax saving is correct.

    My calculation would be:

    Situation Own:
    Your expense is
    item# 4 +
    item# 5
    - Corrected item# 9

    Item #8 is NOT a mitigating factor to your monthly expenses. To earn the quity - you have to make the same amount of cash payment - cash which you could have used in any other form of investment.

    So the total would be
    Own: 13k + 9k - 1k ~ 20-21k.
    Rent: 18k

    I did not take investment return into account. If you do that - then I believe real estate would perform poorly in terms of return/risk when compared with almost any other investment - but all that is speculative anyway and hence better left out of the calculation.


    So - in the example you have given - renting would come out ahead.

    However, in ValidIV's example buying would be superior to renting.





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  • NKR
    04-14 04:10 PM
    Exactly. now before you jump ..let me say that this may not be applicable to you. but most of the people that I know of, who have very young kids ( 1 - 5/6 year olds) ..buying a house was a wrong decision. (and common sense says the same thing).

    but most of the people that I know of, who have very young kids ( 1 - 5/6 year olds) ..buying a house was a right decision. (and common sense says the same thing).


    Because they bought the house - either they had to slog extra or take up 2 jobs and/or spouse has to work.
    I know people who bought townhouses, not big houses (thus paying mortgage which is slightly more than the apartment rents). They are not slogging extra and they are having single income. I keep re-iterating that what I meant is when things are conducive and situation is right. I do not know which part of that you do not understand.



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  • sanju
    04-08 08:23 AM
    Yeah right....
    If the whistleblower protection does not protect the non-immigrant status, nobody would blow THAT whistle, would they ??

    Would you???





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  • Macaca
    05-01 08:29 AM
    Lobbyists Who Bundle (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/30/AR2007043001506.html) -- Their fundraising for congressional candidates should be disclosed, Tuesday, May 1, 2007

    THE HOUSE Democratic leadership is to meet this week to determine the content of the lobbying reform package it says is one of its top priorities. The key test of the leadership's seriousness on this issue will be whether the proposal includes a provision to require lobbyists to disclose the bundles of cash they collect for lawmakers' campaigns.

    Such a requirement was contained in the Senate lobbying bill passed in January. The head of the House Democrats' campaign committee, Rep. Chris Van Hollen (Md.), sponsored a similar requirement last year and is pushing it again this time around -- despite the crimp it could put in his ability to raise money for his troops. But other influential House members are said to be balking, worried that merely requiring lobbyists to reveal the bundles could reduce the number and size of such donations.

    This is, of course, precisely why disclosure is essential. The influence that lobbyists wield can't be gauged by looking at their individual contributions. Their power comes in their capacity to deliver a stack of checks to grateful lawmakers. A lawmaker knows how much he or she is indebted to a lobbyist. So, you can be sure, does the lobbyist. The only ones in the dark are the public.

    This provision wouldn't ban bundling, just shine some sunlight on it. It wouldn't apply to all big fundraisers, just ones who make their livings lobbying the legislators for whom they're bringing in the bundles. House Democrats must keep this in mind: They're in power in large part because of the cozy, and in some cases corrupt, relationships their predecessors had with lobbyists. If they want to stay in power, they need to demonstrate that they are willing, finally, to do something about this.





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  • logiclife
    04-07 01:01 PM
    One possible solution is to establish a separate quotas for companies perfoming R&D in the US. Something like this already exists in the tax code where companies establish eligibility for the R&D tax credit. A similar bar could be used to administer a R&D quota for H1B or GC. That should address concerns around the quota for top US companies.

    Research institutes hiring employees for research are already exempt from H1 quota. So are non-profits and universities.

    What are you talking about?





    Nickjr
    09-26 09:37 AM
    I am a big supporter of Obama and a big fan and am eagerly looking forward to see him as our next President of United States. As a legal highly skilled immigrant what can I expect? Well, not sure if I would see myself living here anymore. I have been in the green card queue for more than 8 years now and still waiting. Will Obama's administration do anything for people like me to help reduce backlog? I doubt such a thing will ever happen. I would see myself and people like me discouraged and start packing our bags and move on with life.

    Why do I feel discouraged? If anything is going to happen for the immigrant community when Sen. Obama becomes the President, it is going to be in the lines of CIR 2007. There would be provisions to make illegal immigrants as legal and remove backlogs to family based quota whereas posing harsh restrictions on H1b visas and reducing Green Card quotas and scrap AC21 portability and try to experiment with some new kind of skilled immigration system.

    The above is very evident based on the fact that Senator Durbin has been very hostile to EB immigrants. It is evident that Senator Durbin will make the calls when Senator Obama becomes the president.

    Please post your opinions. This is a very important discussion. It is very important that the community see what is in store for us when the new Administration takes charge.

    A lot of folks in the EB community are looking forward to 2009 thinking something will definitely happen. Yes, something will definitely happen - and that may not help us
    ************************************************** **

    I agree that there is general perception floating around which suggests that Democrats would not support EB.

    But I have feeling that in teh dog eats dog world no one does favor on any one.when they say amensity for illigal immigrants there is some interests as polictal parties look for vote bank.

    Lets assume that if Obama would be in power I guess in that case surely they will have to sing diffrent tune ( if we assume that they are completely against immigration which I doubt) as country has to give enough consideration to the fact that US needs foriegn workers. With such economy no one can ignore that if we don't encourage GC process there would be reverse brain drain. Companies like Microsoft has already started moving some operations in canada and other countries to accomadate foreign workers. Yes they would not do for you and me but they will have to do for strong business communities.

    I really like the point mentioned here if you allow me I can forward this to Obama campaign for clarification on this..

    Cheers





    senthil1
    12-19 01:34 PM
    It is possible that India may be loser for some extent in short time. But in case of war India will come out winner if India can win decesively similar to Bangladesh war. The parliment attack or Mumbai attack deserves some military action if India is able to destroy some of Terrorist camps. But by the time India preparing for attack the terrorists will move away from their camps and success rate depends on accuracy of timing and intelligence.

    Actually for the past 20 years Terrorists(and Pakistan) lost battle as they acheived nothing by killing innocents. India became superior and biggest development in last 100 years.That is the main reason for changing tactis. Terrorists supported indirectly by Pak ISI or army tried commando attack. But still Terrorists lost battle as India somehow got some sympathy from USA and other Western Countries. I would tell Pak got frustrated as Terrorists got tired. That is the reason Pak army became reckless and indulging in Mumbai Like attacks. Everything including Kargil Pak got failure. As usual Pakistan media is patriotic to their country and they wrote one side analysis. But their media well aware that Geography of India will be huge advantage to India

    Eventually India has to try to attack Pak with international force(Similar to 9/11) if there will be another major Terrorist attack. I sincerely hope and pray God no such attacks will happen in future.


    good article..
    but i always believed, if there is a war between these countries, India will be the loser as pakistan has nothing to lose right now..we will go 10-15 yrs behind compared to other developing countires..
    The war between 2 countries is that the terrorists really want, so they get a bigger grip on pakistan and they can recruit more people into them showing this..
    Europen countries doesnt have much of a problem if they want to attack pak..
    They will bomb and just go..India will have to deal with a destabilised country and people after tht..may be for decades



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