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  • Rolling_Flood
    08-05 08:19 AM
    Mirage, in my own small way, i was also involved in the fight against Labor Sub. Cannot discuss it here as i do not think this is an appropriate forum.

    However, i do understand your point of view. But, you have to realize that EB-1,2 and 3 are DISTINCT paths. "Time benefits" should not cascade across these different categories, and that is what i intend to fight legally.

    I can provide more details in a week or so, when i have my final draft plan ready.

    In your example the EB-3 guy was in the green card line before the EB-2 guy. Why on earth should he be asked to come in line after EB-2 guy if he decides to file a new one under EB-2. Why did not you wake up when Labor Substitution was going on. that was something which was utter non sense. People deciding to go for Green card in 2007 stood ahead of people from 2002 by substittuting a 2001 labor. Thank God it's gone.





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  • Refugee_New
    01-06 04:18 PM
    children being killed is sad beyond belief...i can't even imagine the pain of their parents! however, it isn't it hamas' position that israel doesn't have the right to exist? when will the madness end?

    btw i am not religious at all. i believe organized religion is a method of oppression and creation of unthinking clones. but i sure as hell don't want to die for being a non-believer! in my mind the only solution is to live a good life - "and it doesn't need someone to tell you what good is" - and protect and cherish the country/community that nurtures you.

    Hamas position??? Huh.. Did Hamas members came and told you that Isreal shouldn't exist? Did we hear all these from those people? When did we last hear from Palestinians on thier position and what they think about Isreal? Its media and nothing but jewish media propagate this. What do they acheieve by doing these kind of propaganda??? They win people like you who would support killing on innocent civilians and school kids. PERIOD





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  • satishku_2000
    08-02 07:10 PM
    Re-file 140 or file an appeal on the 140.

    Filing the appeal; you will be able to extend the h-1b.


    Thanks UN for your comments , any comments for the situation mentioned in this thread
    http://immigrationvoice.org/forum/showthread.php?t=11819





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  • Marphad
    12-17 02:26 PM
    This is exactly why terrorist and their supporters like antulay are succeeding...


    What has this to do with immigration ??? Does Antulay support EB2/EB3 reforms ? Do he mention anything about wasted visa numbers.
    This is not a place to post/preach religious, spiritual believes unless it gets you the Green Card. If many Indians visit this forum, it does not become hosting agent for your thoughts. Now don't waste your time and server hard disk space posting something back on this thread.

    Ek aur double standard...

    You definitely didn't think about server hard drive space and your most valuable time when you posted these:

    Medical Insurance:
    http://immigrationvoice.org/forum/showthread.php?p=221246#post221246
    Three Options:

    Cheap Child: She can go India and get the baby delivered for fraction of cost. They call it medical outsourcing. She she is on H4, she'll have no problem crossing the borders.

    Expensive Child: If she wants her child to be US Citizen, then there is cost involved ... she would need to pay. This is going to be an expensive child.

    Free Child: BUT it she got guts she can always deliver the baby in hospital and refuse to pay since there is a law that dictates against any litigation by hospital for medical expenses. Since she's on H4 and she does not have SSN, she won't have any effect on her credit history.

    DOW is down - ha ha ha:
    http://immigrationvoice.org/forum/showthread.php?p=186584#post186584
    :D:D:D:D:D:D:D

    That is very funny ...... I can see how these virtual stock figures can scare some people away ?

    Find yourself better things to worry about ... For those who can't compete in tough times, must leave US now.

    If there is going to be a recession, it should be fun.



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  • Macaca
    02-27 08:20 AM
    1. Insurers Prepare a Battle Strategy to Protect a Key Exemption (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/26/AR2007022601142.html).

    2. Lobbying Winner -- and Loser (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/26/AR2007022601142_2.html).

    The U.S. Chamber of Commerce and the affiliated U.S. Chamber Institute for Legal Reform have broken their own record for expenditures on lobbying. Their combined total skyrocketed to $49.2 million for the second half of 2006, more than double the $23.5 million they reported for the first six months of the year. The latest six-month period shattered their earlier record of $30.1 million, set during 2004's first half, PoliticalMoneyLine said.

    The institute, which alone spent $17.8 million in the second half of 2006, does all manner of lobbying and research to fight trial lawyers. The rest of the Chamber buys issue advertising and houses a stable of lobbyists and policy analysts.

    By contrast, the National Association of Manufacturers -- the Chamber's onetime rival -- spent just $3.6 million in the second half of 2006, down dramatically from $9.6 million in the year's first six months. NAM said the 63 percent decline resulted from its withdrawal from lobbying on the asbestos bill that it wanted but failed to get.

    NAM was outpaced in lobbying expenditures in last year's second half by a wide range of groups and individual companies. Twenty of these spent more than $5 million during the period.





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  • xyzgc
    12-24 02:19 PM
    I know you must have left the forums by now. But I find it interesting how you are being misled by the so called leaders in India itself. Check this column by Tarun Vijay http://timesofindia.indiatimes.com/Columnists/Tarun_Vijay_Thou_shalt_rise_again/articleshow/3882599.cms Check out the differences between Shabana and other muslim leaders on the forum. Interesting!

    Excellent article!



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  • abcdgc
    12-27 01:22 AM
    Also, people like Hamid Gul and Kaayani have been directly involved in direct aid to terrorists organizations and Taliban in Pakistan & Afganistan. These are the worst of your kind, the difference is, Kaayani has a uniform to show. But a terrorist is a terrorist, with or without a uniform. He and ISI is directly responsible for Bombay attacks. You prove that Kaayani is not responsible. While you collect the evidence of Kaayani's innocence, we are ready to respond to the war you started.





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  • GCapplicant
    07-14 09:28 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.

    Who are you?from where did you fall all of a sudden?-your comments are silly-



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  • Macaca
    02-27 08:14 AM
    A Republican Purge on K? (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/26/AR2007022601142_2.html)

    John Feehery has left the Motion Picture Association of America to start his own lobbying firm, the Feehery Group. Feehery, 43, joined the movie lobby with great fanfare in 2005 to help silence sotto voce attacks by congressional Republicans, then in the majority, on the group's chief executive, former congressman Dan Glickman (D-Kan.), and on left-leaning Hollywood. Feehery had been the spokesman for then-House Speaker J. Dennis Hastert (R-Ill.) and a veteran GOP leadership aide.

    But last month, the MPAA named Seth Oster, a Democrat, as executive vice president for communications, in effect taking part of Feehery's portfolio. My colleague at washingtonpost.com, Mary Ann Akers, reports that lobbyists worry that the move might presage a citywide purge of Republicans. But Feehery professes no bitterness. "It was a good time for me to start my own business," he said. "It gives me a greater range to do things I want to do." The MPAA will be one of his first clients, he added.





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  • shantanup
    03-24 01:56 PM
    employment base immigration. It is not on your merits it is based on an employer needing you.

    Why on earth would an employer need me if I don't have merits?

    I see your efforts to downgrade EB immigration and highlight FB immigration. This is just my observation, you don't have to agree or criticize it.



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  • Macaca
    08-14 11:37 AM
    Congressman, It's (Still) on Us: The Ethics Law's Many Loopholes (http://www.washingtonpost.com/wp-dyn/content/article/2007/08/13/AR2007081300980.html?hpid=topnews) By Jeffrey H. Birnbaum | Washington Post, August 14, 2007

    Activists on the reform side of the lobbying debate have been celebrating that Congress finally got around to passing an ethics bill. The question is: Should voters celebrate as well?

    Paul A. Miller, a former president of the American League of Lobbyists, thinks the hoorahs should be muted, and he has a point. The legislation bars lobbyists from providing meals and gifts to lawmakers, a provision long sought by the advocates of change as a way to keep well-heeled interests from buying their way into the hearts of decision-makers.

    But Miller and others point out that the ban is full of loopholes. The largest of the gaps, Miller said, could end up worsening the public's perception that lawmakers are for sale.

    If lobbyists are prevented from buying meals for lawmakers for lobbying purposes, he noted, lobbyists will almost certainly make up for the loss by boosting the number of meals they buy lawmakers as part of campaign fundraising events.

    And believe it or not, they will be perfectly able to do so. Lobbying laws are separate from campaign finance laws, and the new ban on meals and gifts applies only to lobbying laws. That means the legislation does not rein in fundraising events, so lobbyists and their clients will still be able to buy food and entertainment for lawmakers at those events.

    Hence the following perversity: Lobbyists will not be able to pick up the check for members of Congress unless they also hand the lawmakers a check to help their reelections.

    "Lobbyists will move lunches and dinners to the campaign side of things," Miller predicts. "They will increasingly get members of Congress for an hour or so to give them a campaign check; that's a better deal for the lobbyists and will also make it more likely for corruption to happen."

    Jan W. Baran, the campaign finance expert at the law firm Wiley Rein, finds it hard to imagine that lawmakers can schedule more fundraisers than they already do. But he does think there will continue to be plenty of lobbyist-financed partying thanks to the nearly two dozen exceptions to the meal-and-gift ban.

    Baran said that members of Congress will be able to accept invitations from lobbyists to events that are widely attended, including receptions and charity golf tournaments. Lobbyists will also still be allowed to underwrite visits by lawmakers if they have some official or ceremonial role. Members of Congress generally cannot accept tickets to sporting events from lobbyists. But they can be comped to a baseball game if they throw out the first pitch, to a football game if they toss the opening coin or to a NASCAR race if they wave the checkered flag. That's nice work if you can get it, and you can bet there'll be a lot more of it available soon.

    Interest groups are also expressing concern about another feature of the legislation. The provision would require more disclosure by organizations about who is paying for and actively participating in the lobbying activities of coalitions and trade groups. At the moment, most of that information is proprietary and protected by Supreme Court decisions that shield the members of many kinds of groups. Organizations are worried that they might, for the first time, have to disclose who their top members are.

    But they probably need not worry. Ways are always found to get around laws like this one. "The balloon will be pressed, and the air will come out another way," said Kenneth A. Gross, a lawyer at Skadden, Arps, Slate, Meagher & Flom.





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  • pthoko
    07-11 02:39 PM
    Hi UN, Please take a look when u get a chance


    First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

    Here's my situation(I think a case of status violation)


    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.



    From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
    Do they catch this during I-140 stage??

    ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!

    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??




    Thanks.



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  • pete
    04-09 11:47 AM
    EB1 requires either a tenure track position in research. I am a physician and did not want to be in a tenure track research position.
    Also EB1 without employment is very difficult to get. I would not have qualified for that.

    I am not interested in your rhetoric. It doesnt mean anything.



    Yes, pete, other people should have hurdles. So when they stumble on those hurdles, it would be your gain.

    Its a zero sum game.

    We cannot all unite and work on this issue. So let's divide ourselves. Let's split IV into 2 organization, one for EB3 dumbasses who are getting a free ride and didnt go thru the whole 9 yards , and other for smart kids like you and rimzhim.

    Let me ask both of you. If you are that smart, how come you are not applying for EB1. I thought researchers would qualify for EB1. Why are you facing difficulty? Could it be that you are not really that good? Because the system does have an HOV lane for scientists to cruise to greencard. Its called EB1. And its current for most categories. What about that?

    Why dont you join the fast lane of EB1 and leave the bachelor's degree losers behind who didnt thru the whole 9 yards?





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  • Macaca
    02-21 04:04 PM
    Sometime back CNN (or Wolf Blitzer) used to say that CNN is the best news on network. Does anyone remember the exact words? Thanks.



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  • dontcareanymore
    08-05 12:59 PM
    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.

    And if you feel your esteemed queue is getting bigger you are more than welcome to leave this place.





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  • Macaca
    12-30 05:50 PM
    India-China relations today have to evolve in a substantially altered environment. In the current era comprehensive national power is a factor of economic growth and potential. In this China is way ahead of the rest and forging ahead rapidly. The excuse that India�s economic growth story started 13 years later and hence only two decades old and hence catch up with China soon, does not carry conviction. China has in these last three decades gone way ahead of India and the rest of the world. Today, China is four and a half times richer than India and the difference shows. Whether in domestic infrastructure, or international reach and goodwill, or in its ability to project power far from its borders, this lead is impressive. Yet, such asymmetries can be overcome through alliances and partnerships. Possibility of conflict can be reduced through developing interconnectivity and trade and commercial interdependence. In both areas substantive progress has been achieved by New Delhi.

    The real truth is that India has to get its act together, not merely in catching up in GDP growth, but in translating this in to core national power that can impact on the region and the world. Present strategy then has now to be based on consolidating our immediate neighbourhood and developing selective major power relationships that will translate in time to global influence and political strength. This is the real meaning of �balance� in strategic relationships and has to be pursued with great patience and foresight, but with single minded zeal.

    There are serious obstacles along the way. Our strategic culture of not looking beyond the immediate future precludes effective long term planning. Delhi has always defined its strategic interests in vague principles and ideological terms and not through practical achievable time bound objectives. This needs to change.

    Beyond our neighbourhood we have to develop closer ties with major powers such as the US, Australia, Japan and Korea, key democracies with shared values. This will call for a clear break with our past practice of non-alignment and solidarity among the weak. India, as a strong power in its own right, has the responsibility to assume today the leadership of the medium powers and an alignment with the strong.

    Yet, our bilateral relationship with China has to be firmly grounded in a cooperative, constructive and comprehensive relationship. That is again critically important to develop balance, particularly with China, long imbued with the sense of Middle Kingdom. Even as China begins to adjust to a reality of equal and sovereign powers, New Delhi has to exploit openings that may emerge. China�s incursion in to India�s strategic space, should be met not by lamenting over this fact, but through calm and carefully constructed counter measures in China�s periphery.

    CONCLUSIONS

    Many options may not indeed be feasible at the present time. For example nothing can reduce the utter dependency of Pakistan as a client state of Beijing, to which it has surrendered its sovereignty. But, this does not apply to its other neighbours, such as Myanmar, Nepal or Bangladesh or other Southeast Asian countries.

    This brings us back to the larger issue of bilateral relations between India and China. Lack of knowledge of the �other� breeds mistrust and leads to fear. We need first to bridge the enormous divide and gap in mutual perceptions. This can be brought about mainly by a very much enhanced people to people contact, knowledge of each other�s cultures and history. Not just tourists and visitors, but scholars and young people must enormously increase their contacts in sports, cultural activities and through education in each other�s countries. India needs to match the capabilities of Beijing�s Confucius Centres. There is an enormous amount to learn from each other and without giving up our basic advantages of a more intimate knowledge of the global language, we can continue to enhance our knowledge of each other

    Next is in the areas of trade and commerce. As China�s living standards rise the pay and perquisites of its workers will have to rise in commensurate manner to ensure social stability and its competitive manufacturing advantage will diminish. Instead of Bangladesh, Vietnam and the Philippines benefiting from this development, India is better poised to exploit this advantage. Some simple but fundamental changes to labour laws and ways of doing business in India will have to change and could make all the difference.

    The final factor in achieving a balance is in the area of military capability and deterrence. It is not the most critical issue today to develop a dominance in military capability. For, force today is of diminishing value, except where it serves the purpose of deterring the intention of another to cause you harm. Therefore, an asymmetric but effective deterrence utilizing select capabilities can achieve greater dividends. Such a deterrence potential has to be developed not only in a strategic sense, but also in tactical capabilities. This will have to be in areas of advanced scientific areas; such as in space, under sea warfare capabilities, maritime surface attack, cyber defence and rapidly deployed special forces.

    Indeed, India and China has lived close to each other throughout history, as different civilizations, with distinct identities and simultaneously as leading global powers. Yet, it has no history of either permanent animosity or of conflict. That is a lesson from history that we need to replicate. It may be argued that in the intensely globalizing world and diminishing distance there is today a fundamental difference. Yet, our civilizational experience has also taught us to settle our differences through carefully balancing each other�s concerns and interests and through that process ensuring a peaceful strategic environment in Asia and the world.



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  • waitnwatch
    05-24 12:17 PM
    Did the brownback amendment pass with the CIR?

    Please spend some time on this website....browse around, get acquainted, find the right threads and you will automatically find your answers. There is no 1800 number to call for assistance here............





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  • alisa
    01-04 01:22 AM
    I think it's now a moot point with you playing obtuse( genuinely or otherwise)
    Also I'm tempted to respectfully ask you to go through your posts rather than ask me how your are doing circles...
    Check this one out...this is what you have been going on about....

    proof for Kayani's involvement->How the entire episode could be Indian media's hype ->how the expectation to shed the inertia build up in Pak being a bit much->attributing the entire thing to hostile relationship btwn the 2 countries->How pakitanis think it's Taiban that's involved->Supposed Indian involvement in Pakistan destablization->non-state actors->How Masood and others should be rounded up->Etradition treaty uncertainity->screwing Dawood as he is past->Bihari thieves-> How Pakistanis should want to know who is trying to provoke India, and risking a war in the subcontinent, and why. 9/11->state->roaches->Paki state govt->don't know what else.

    It looks like you concede a point to keep peddling anything/new things into the already complicated scenario. If you don't agree then please do what you find suitable.I don't want to be contributing into this frivolously logical loop any more than what I've already done.

    Thank you.
    I see you have put arrows in disparate points that I had made. I think you are reading way too much in it if you see circular logic, or even a link, in those disjointed points above.

    There is a lot that has been said on this thread that I agree with. That is not 'conceding points'. Its just agreeing with something.





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  • Macaca
    10-14 04:25 PM
    Boxer Gets Boost in Industry Cash; But Aides Say Positions, Strategy Unchanged (http://rollcall.com/issues/53_41/news/20421-1.html) By John Stanton | Roll Call Staff, October 11, 2007

    With one eye on a possible 2010 re-election race against California Gov. Arnold Schwarzenegger (R) and the other firmly focused on the Environment and Public Works Committee, Chairwoman Barbara Boxer (D) is taking in increasing campaign contributions from industrial sectors and their unions with business before her panel.

    Boxer � who vaulted from a rank-and-file role on the committee to chairwoman following the 2006 elections and the retirement of then-ranking member Jim Jeffords (I-Vt.) � has long had a contentious relationship with industry. According to aides, she continues to maintain a ban on accepting political action committee contributions from a number of sectors, including oil and gas companies.

    Rose Kapolczynski, Boxer�s longtime campaign consultant, said Boxer has not changed her campaign fundraising strategy as a result of taking control of EPW and that she expects no major increases in contributions from industry once the cycle is completed.

    �I�d be surprised if there�s a major difference in the amount ... there may [just] be a difference in timing� of contributions by industry PACs, Kapolczynski said.

    Kapolczynski also said that in addition to maintaining her long-standing policy of not taking PAC dollars from the oil and gas industry and its top-level executives, Boxer�s rise to power has had no impact on her policy positions. �Anyone who�s followed Barbara Boxer�s career over the years understands there is one thing you can count on � you know where she stands on the issues. And whether she�s in the minority or the chairman, that�s not going to change.�

    But while environmentalists and other allies agree they have seen no significant sign that her long-standing commitment to their cause has waned with her ascension to power, Boxer has recorded what appears to be a significant uptick in funding from industries traditionally hostile to her philosophical positions.

    An analysis of campaign contributions this year through Aug. 30 showed that Boxer has taken in $41,000 from political action committees connected to the energy, natural resources, construction and transportation industries.

    According to CQ MoneyLine, the energy and natural resources sector so far this year ranks as Boxer�s second-largest source of PAC contributions, clocking in at $20,500.

    Labor unions, which have donated $57,650 to her campaign this year, rank as her top source of PAC dollars, and $21,500 of those funds come from unions connected to industries with business before the committee.

    Compared to the 2004 fundraising cycle � the last one in which Boxer was actively raising campaign funds, according to an aide � Boxer appears to be pulling significantly more cash from these sectors now than she was then. For instance, Boxer�s campaign reported $18,500 in total receipts from the energy and natural resources sector in all of 2003 and 2004, according to CQ MoneyLine, while the transportation sector donated $35,450, for a two-year total of $53,950 from these industries.

    While partisan fighting has largely stalled much of her environmental agenda this year � for instance, it appears unlikely that an ambitious climate change bill will be passed � the EPW Committee has successfully moved legislation key to industry.

    For example, Boxer successfully pushed through the Water Resources Development Act reauthorization bill this year. WRDA has long been a top priority for the construction and shipping industries, among others, since it provides billions in federal funding for public works projects such as levy construction and ship channel dredging. This year�s bill, which was vetoed by President Bush last month, included $20 billion in new federal spending.

    Similarly, Boxer�s committee is expected to pass a �technical corrections� bill making changes to the 2005 transportation authorization bill. The corrections measure, in addition to making modifications to the original law with millions of dollars for transportation firms across the country, also includes tens of millions in new spending, including a �mag-lev� railway project connecting the coast of California to Las Vegas.

    While lobbyists representing industries with business before Boxer�s committee declined to comment for this article, lobbyists and Democratic campaign strategists have noted a realignment now under way in Washington thanks to the 2006 elections that in many ways mirrors Boxer�s financial relationship with industry.

    For more than a decade, energy, natural resource and transportation industries and their PACs have tended to favor Republicans, who held control of Congress from 1994 through 2006, both in terms of spending and in whom they chose as lobbyists. But in the wake of the 2006 elections and the sudden ascendancy of Democrats to power in both chambers, those alliances have begun to shift.

    While Boxer has not shown any signs that her reliably progressive and pro-environmental positions are changing as a result of this new dynamic, one public interest advocate, who spoke on condition of anonymity, said Boxer and other Democrats clearly have begun reaping the benefits of power. �It�s good to be queen,� this source said.

    Democratic Senate aides said the veteran lawmaker is in the early stage of gearing up for her 2010 re-election fight, which could include a high-profile � and prohibitively expensive � showdown with Schwarzenegger, and that the increases in her fundraising are a reflection of that reality.

    Kapolczynski acknowledged the specter of a Schwarzenegger run but noted that any statewide race in California is a costly affair and nothing should be read into her donation increases other than the fact that she is prepping for her next re-election campaign. As a result, �she needs to prepare for a really tough race,� she said.

    Although state GOP sources said it appears unlikely at this point Schwarzenegger will make a run for the Senate, one Republican strategist noted the governor is infamous for holding his plans close to the vest until the last moment.

    �This is a guy who didn�t tell hardly anyone he was going to run for governor until he did,� the strategist noted. �He likes surprise and likes the theatrics of it all. He will keep everyone guessing till bitter end, I think. [But] everything I�ve seen so far is focused on being governor.�





    unitednations
    03-24 07:56 PM
    http://www.ca5.uscourts.gov/opinions/pub/98/98-60340.CV0.wpd.pdf

    Above case is the most frequent cited case by california/vermont service center and appeals office in denying h-1b's.

    Essentially; many years ago a nurse staffing agency was filing h-1b's and they were doing it for a specific set of nurses which actually required a degree (most nurses do not require a degree).

    The staffing agency was using one of the ways to demonstrate that the job required a degree (which is listed in 8 cfr 214.2h) that it normally hired nurses with degrees. Essentially; they were trying to circumvent h-1b for jobs that normally didn't require degrees.

    USCIS and the courts basically stated that if a person is not working at your location then you are considered a "token" employer and that the job requirements of where you are actually working is what needs to be demonstrated to see if the job requires a degree.

    Most of h-1b rfe's are trying to determine whether the petitioner is the employer or the agent (they ask for office information, project details and intertwine it to whether you have specailty occupation work at your location) or if the information on your payroll reports; your office size, pictures, etc., show that you are an agent. If they believe that you are an agent then they go the purchase order route.

    Now; uscis is totally misapplying this because h-1b is simple; job requreis a degree and person has that degree. In this particular case; nursing agency was trying to create a degree requirement for job that normally doesn't require one.

    However; they are applying this standard to all the staffing companies. I would read it and memorize it as this is quoted in every one of the denials.





    gomirage
    06-07 01:05 PM
    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.

    The are plenty of no load mutual funds returning consistently above 5% annually return. If you want a zero risk investment you can get at least 3% (sometimes more than 5%) with ING direct, HSBC direct, and many more direct saving accounts. Last year HSBC offered 6% to compete with ING's 5%, while on the other side house prices were nose diving.

    So my point is even at 3%, zero risk it's a good deal compared with gambling on a house that may never come back to original purchase price, in our life time.

    Remember, this is not a one time event. This crisis has changed the world for ever. There will never ever be banks giving loans for more than 3 or 4 times income. So for prices to come back again, you are really banking on disposal income levels going up, which is not a safe bet, with the Indias and Chinas of the world proving very competitive offshore services.

    This whole chaos was created in the first place by inflating the economy to find a solution to the dot com bust.

    Again, we are not recommending against buying a house, which everyone should do at a point in our lives, but it's unsafe to bank on it, as a sound investment.



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