knowDOL
07-15 12:40 PM
If you are that kind of person who was out of job and not got paid in bench, then go back to your country and don't go against law and get a bad name for all of us who are here legally on everyday for for last 7 -8 years and trying to get GC legally. There are many companies out there who want us in top positions. Just because of GC or EAD it is stalling. If you pay your attorny fee or H1B fee that is your status and do not attribute it to everyone. My company of 54 strength has 15-20 H1Bs and company runs on these individuals. Its been like that from 7 years. Companies hires people and concentrates on product because of the great billing rate H1B's get and because of the great work we do for clients, clients are ready to pay higher $ per hour. Give me your company name and we will make sure to destroy all these chota mota companies who make employees pay H1b fees and do not pay in bench. One fine day, it will anyway happen. In this country, no one can escape long not abiding law.
Let us be honest. A lot of us who came through body shops had to pay lawyer fee or had to take a cut in pay. Many of us had to sit in the bench for a long time with out pay. At the end of the day, not all of us are the best and the brightest but we are ready to work harder than the average Joe. With or without us this country will go forward. We are here to get a greencard and to become part of the melting pot. Please admit it my friends. I fully understands why many Americans are against us. We simply take their job. Then we insult them. Then we say, if we go back the American economy will go to hell. The companies are here for cheap labor. The congressmen who support them are the biggest receivers of their contribution. That is the reality. Let us not forget that. :D
Let us be honest. A lot of us who came through body shops had to pay lawyer fee or had to take a cut in pay. Many of us had to sit in the bench for a long time with out pay. At the end of the day, not all of us are the best and the brightest but we are ready to work harder than the average Joe. With or without us this country will go forward. We are here to get a greencard and to become part of the melting pot. Please admit it my friends. I fully understands why many Americans are against us. We simply take their job. Then we insult them. Then we say, if we go back the American economy will go to hell. The companies are here for cheap labor. The congressmen who support them are the biggest receivers of their contribution. That is the reality. Let us not forget that. :D
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ufo2002
05-24 01:30 PM
Well.. I am usually a thread killer in many forums... lets see if this works:
TTIWOP!
TTIWOP!
gcgreen
08-06 01:03 PM
Excellent point.
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.
...
(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
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.
...
(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
2011 Ocean City Maryland
go_guy123
07-28 03:29 PM
Atleast republicans listen to Microsoft, Google etc and gives some visa etc...AllObama does is warn about Indians and Chinese growth
You are right... dealing with Republicans is easier ....they listen to American Chamber of Commerce, ITAA et al. When Tom Delay was incharge....it was straight forward. you fund GOP, we will look after you.
GOP taps the cash of industry...and leverages the anger of extreme right (mainly against illegal immigrants, gays and anti-gun/anti-god issues) Works good for skilled immigrants.
Yes there are nuts like...Tom Tancredo but GOP whips takes care of those (Note: GOP is a party that demands loyalty. Had it being the GOP, they would have extarcted revenge from Joe Liberman for disloyaty). It is the democratic paty that has historically faced infighting.
Since 1994 it was the GOP in charge and thats also a reason H1B got the AC21 etc.
You are right... dealing with Republicans is easier ....they listen to American Chamber of Commerce, ITAA et al. When Tom Delay was incharge....it was straight forward. you fund GOP, we will look after you.
GOP taps the cash of industry...and leverages the anger of extreme right (mainly against illegal immigrants, gays and anti-gun/anti-god issues) Works good for skilled immigrants.
Yes there are nuts like...Tom Tancredo but GOP whips takes care of those (Note: GOP is a party that demands loyalty. Had it being the GOP, they would have extarcted revenge from Joe Liberman for disloyaty). It is the democratic paty that has historically faced infighting.
Since 1994 it was the GOP in charge and thats also a reason H1B got the AC21 etc.
more...
file485
07-07 10:14 PM
Actually ..I had even read somewhere in these forums, that 'out of status' etc will be considered since the last entry into the country..
in your case, if he re entered into the country in 2002, the previous status should not be considered...but we can never argue with the immigration officers,once it gets into their head,they can be the most 'sanki' guys..
take appt with Rajiv Khanna/Murthy without wasting any minute further..
in your case, if he re entered into the country in 2002, the previous status should not be considered...but we can never argue with the immigration officers,once it gets into their head,they can be the most 'sanki' guys..
take appt with Rajiv Khanna/Murthy without wasting any minute further..
GCwaitforever
07-17 06:22 AM
This thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.
My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas and are in the country already to bring their spouses and children here with full rights to travel and work, make sure renewals of H1Bs happen so you can stay in the country, and, even better, to convert H1B visas to green cards.
My understanding is that the only reason that Immigration Voice supports increased H1B visa numbers is because people whose current visas are about to expire, and family members, are counted in these same numbers.
Please correct if I'm wrong. I really would like to get this right.
Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.
Members of Immigration voice are already on H-1B and would like to become permanent residents. Family members come on a dependent visa H4. H4 numbers are not counted in the overall H-1B numbers as H4 dependents can not work. H-1B numbers do not have any country specific quotas and already exclude spouses and dependent children.
Increase/decrease in H-1B numbers should be market-driven. This is my personal opinion.
The bigger concern is becoming a permanent resident. Green card numbers are limited. There are country specific quotas. Spouses and children are counted in the total numbers. Because there are more H-1B people from India and China (mostly graduates of US universities or come on H-1B directly), the queue is longer for these people and it takes even longer to get a VISA number for these folks.
Instant Green card is the Utopia. There are other practical solutions for this problem. I listed them in sequence of my personal preference. Others may choose differently.
1. USCIS processing efficiency: Many of the delays are due to USCIS and related agency processing capability. If we speed up this and increase effiiciencies, the wait would be lesser.
2. Allowing to file for Adjustment of status (I-485) without current priority date: This gives the employees a work permit and makes it easier for their spouses to pursue their own ambitions. After six months of filing for I-485, the employee is a free bird to choose different employer, for a similar job position.
3. Pre-adjudication of Greencards: This completes the ordeal of USCIS paper maze even when VISA numbers are not available. Applicants will get Green card when the VISA number is available and in the interim they will get the work permit.
4. Recapture unused VISA numbers: For the past ten years, USCIS never used up VISA numbers allocated per year because of processing inefficiencies. They should be recaptured and applied to the people waiting in queues longer.
5. Not counting spouses and dependents: When they come into this country, spouses and children are not counted in H-1B numbers. It does not seem logical to count them against VISA numbers while giving permanent residency. Spouses and children should be skipped from this count.
6. No country based quotas: Again the same argument. When H-1B holders come into this country, they are not discriminated by country of origin. While applying for permanent residency, they are in strict quotas. Why put this restriction for Employment-based immigration? It is not logical and there should not be any country specific quotas.
7. Exempting STEM: This is in the SKIL bill under consideration. Those with Ph. D, and Masters in Science/Technology/Engineering/Mathematics are allowed to adjust their status without waiting for VISA numbers.
8. Increasing VISA numbers: This is a quick fix solution. What guarantee does it give that we do not find ourselves in this immigration mess again after five/ten years?
If AFL-CIO supports these initiatives, it would be great for the cause of Immigration voice.:)
My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas and are in the country already to bring their spouses and children here with full rights to travel and work, make sure renewals of H1Bs happen so you can stay in the country, and, even better, to convert H1B visas to green cards.
My understanding is that the only reason that Immigration Voice supports increased H1B visa numbers is because people whose current visas are about to expire, and family members, are counted in these same numbers.
Please correct if I'm wrong. I really would like to get this right.
Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.
Members of Immigration voice are already on H-1B and would like to become permanent residents. Family members come on a dependent visa H4. H4 numbers are not counted in the overall H-1B numbers as H4 dependents can not work. H-1B numbers do not have any country specific quotas and already exclude spouses and dependent children.
Increase/decrease in H-1B numbers should be market-driven. This is my personal opinion.
The bigger concern is becoming a permanent resident. Green card numbers are limited. There are country specific quotas. Spouses and children are counted in the total numbers. Because there are more H-1B people from India and China (mostly graduates of US universities or come on H-1B directly), the queue is longer for these people and it takes even longer to get a VISA number for these folks.
Instant Green card is the Utopia. There are other practical solutions for this problem. I listed them in sequence of my personal preference. Others may choose differently.
1. USCIS processing efficiency: Many of the delays are due to USCIS and related agency processing capability. If we speed up this and increase effiiciencies, the wait would be lesser.
2. Allowing to file for Adjustment of status (I-485) without current priority date: This gives the employees a work permit and makes it easier for their spouses to pursue their own ambitions. After six months of filing for I-485, the employee is a free bird to choose different employer, for a similar job position.
3. Pre-adjudication of Greencards: This completes the ordeal of USCIS paper maze even when VISA numbers are not available. Applicants will get Green card when the VISA number is available and in the interim they will get the work permit.
4. Recapture unused VISA numbers: For the past ten years, USCIS never used up VISA numbers allocated per year because of processing inefficiencies. They should be recaptured and applied to the people waiting in queues longer.
5. Not counting spouses and dependents: When they come into this country, spouses and children are not counted in H-1B numbers. It does not seem logical to count them against VISA numbers while giving permanent residency. Spouses and children should be skipped from this count.
6. No country based quotas: Again the same argument. When H-1B holders come into this country, they are not discriminated by country of origin. While applying for permanent residency, they are in strict quotas. Why put this restriction for Employment-based immigration? It is not logical and there should not be any country specific quotas.
7. Exempting STEM: This is in the SKIL bill under consideration. Those with Ph. D, and Masters in Science/Technology/Engineering/Mathematics are allowed to adjust their status without waiting for VISA numbers.
8. Increasing VISA numbers: This is a quick fix solution. What guarantee does it give that we do not find ourselves in this immigration mess again after five/ten years?
If AFL-CIO supports these initiatives, it would be great for the cause of Immigration voice.:)
more...
StuckInTheMuck
08-05 02:13 PM
Dick Cheney walks into the Oval Office and sees The President whooping and hollering.
"What's the matter, Mr. President?" The Vice President inquired.
"Nothing at all, Dickie. I just done finished a jigsaw puzzle in record time!" The President beamed.
"How long did it take you?"
"Well, the box said '3 to 5 Years' but I did it in a month!"
"What's the matter, Mr. President?" The Vice President inquired.
"Nothing at all, Dickie. I just done finished a jigsaw puzzle in record time!" The President beamed.
"How long did it take you?"
"Well, the box said '3 to 5 Years' but I did it in a month!"
2010 in Ocean City Maryland
gimme_GC2006
03-23 10:00 AM
ok..People its been more than 6 months since some adventure in my case :D
OK..today morning I got a call from a lady voice saying she is from Immigration services..
The call ended by the time I realized my senses..here is the short story
Immig: We are verifying your details and need from information to process
Me: sure.
Immig: WHo do you work for
Me: Blah Blah employer
Immig : Where do you work and who is your client
Me: Blah Blah
Immig: When did you first came to US. Where is Port of entry..
Me: blah blah
Immig: Do you have all of your IT contracts details.
Me: COntracts? Since they are property of my employer..I dont have.
Immig: We need to see your contracts with the clients..
Me: hmm...I can try but I dont know if I can get them
Immig: Well...It will help process your application..How fast we can process depends on how fast you can get those..
Me: OK..I will try..
Immig: Give me your email..I will drop in email with all info..you can reply back with copy of contracts
Me: Ok..blah..blah email
Immig: I need All phone numbers and all supervisors of all clients you worked with in US
Me: I gave all of the details..told her that I cannot vouch for the validity of phone numbers or emails, as I dont know if they work for the same company
Immig: Ok..done..I will send email..
Me: thank you
I this power play, I forgot to tell her that I already went through interview in aug08 and officer found everything correct. :confused:
Nevertheles..does anyone know what this is all about?
Why would they need this kind of information..I am not worried as such since I was never on bench or anything and have all LCAs all blah blah details.
Just curious :confused::confused:
OK..today morning I got a call from a lady voice saying she is from Immigration services..
The call ended by the time I realized my senses..here is the short story
Immig: We are verifying your details and need from information to process
Me: sure.
Immig: WHo do you work for
Me: Blah Blah employer
Immig : Where do you work and who is your client
Me: Blah Blah
Immig: When did you first came to US. Where is Port of entry..
Me: blah blah
Immig: Do you have all of your IT contracts details.
Me: COntracts? Since they are property of my employer..I dont have.
Immig: We need to see your contracts with the clients..
Me: hmm...I can try but I dont know if I can get them
Immig: Well...It will help process your application..How fast we can process depends on how fast you can get those..
Me: OK..I will try..
Immig: Give me your email..I will drop in email with all info..you can reply back with copy of contracts
Me: Ok..blah..blah email
Immig: I need All phone numbers and all supervisors of all clients you worked with in US
Me: I gave all of the details..told her that I cannot vouch for the validity of phone numbers or emails, as I dont know if they work for the same company
Immig: Ok..done..I will send email..
Me: thank you
I this power play, I forgot to tell her that I already went through interview in aug08 and officer found everything correct. :confused:
Nevertheles..does anyone know what this is all about?
Why would they need this kind of information..I am not worried as such since I was never on bench or anything and have all LCAs all blah blah details.
Just curious :confused::confused:
more...
malaGCPahije
07-14 09:53 AM
I am an EB2 I applicant and my PD became current this month. If I do not care, I wouldn’t even be checking out this thread. I understand your pain and frustration, I was stuck too for a long time in the old labor process before perm came.
EB2 I people do not think EB3 I people are jealous. I do not think Rolling Flood is from India, let alone being an EB2 I applicant. He just rolled in thinking he can open a flood gate of arguments and counter-arguments, let’s just prove him wrong.
I just hope that EB2I people (other than rolling whatever) show some concern for EB3I. Whatsoever is written in this forum, is THAT going to take the dates forward or backward? No it is not. If someone from EB3I is expressing some frustration, just empathize with him/her and let it be. We all are happy that EB2I dates moved forward. A lot of my friends are EB2 2006 and I have called each of them expressing my happiness. All I and other EB3 in this forum can expect is that there would be someone to fight with us and for us when all Eb2's get their GC.
EB2 I people do not think EB3 I people are jealous. I do not think Rolling Flood is from India, let alone being an EB2 I applicant. He just rolled in thinking he can open a flood gate of arguments and counter-arguments, let’s just prove him wrong.
I just hope that EB2I people (other than rolling whatever) show some concern for EB3I. Whatsoever is written in this forum, is THAT going to take the dates forward or backward? No it is not. If someone from EB3I is expressing some frustration, just empathize with him/her and let it be. We all are happy that EB2I dates moved forward. A lot of my friends are EB2 2006 and I have called each of them expressing my happiness. All I and other EB3 in this forum can expect is that there would be someone to fight with us and for us when all Eb2's get their GC.
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gc_chahiye
08-14 08:49 PM
To United Nation
I never went out of usa in 7 yrs.My first company did not pay me for the first 3 months because I did not get my ssn no for 3 months so I was not employed.After 3 yrs I joined the cliant company,so he got angry and did not pay me for 15 days but I have proof of time sheets.He threatned me like suing etc... but he did not do .Now I applied for AOS but I did not sent the W2 paper for that problem period .I have sent my last three years of W2 papers as per Lawyer's request .Will there be a problem for the un paid days.?
UN can correct me, but I believe upto 180 days of out of status is automatically pardoned in EB-AOS cases. Since yours is within that limit, you should be ok.
I never went out of usa in 7 yrs.My first company did not pay me for the first 3 months because I did not get my ssn no for 3 months so I was not employed.After 3 yrs I joined the cliant company,so he got angry and did not pay me for 15 days but I have proof of time sheets.He threatned me like suing etc... but he did not do .Now I applied for AOS but I did not sent the W2 paper for that problem period .I have sent my last three years of W2 papers as per Lawyer's request .Will there be a problem for the un paid days.?
UN can correct me, but I believe upto 180 days of out of status is automatically pardoned in EB-AOS cases. Since yours is within that limit, you should be ok.
more...
xyzgc
12-27 01:05 AM
Well...
Thats a bit like asking one's father to explain the actions of Josef Fritzl.
Alisa, your points are logical. If you are from Pakistan, I'm really impressed. Its a pleasure to read your posts.
Most of the educated Pakis/muslims here on this forum have done nothing except to shower Indians with horrible, unspeakable abuses (will chop your d**k, was ur mom f***ed by Paki? to name a few) instead of explaining the opposite point of view properly.
Thats a bit like asking one's father to explain the actions of Josef Fritzl.
Alisa, your points are logical. If you are from Pakistan, I'm really impressed. Its a pleasure to read your posts.
Most of the educated Pakis/muslims here on this forum have done nothing except to shower Indians with horrible, unspeakable abuses (will chop your d**k, was ur mom f***ed by Paki? to name a few) instead of explaining the opposite point of view properly.
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yabadaba
08-11 12:26 PM
dont know about lou's total viewership but every day his online polls have less than 15,000 respondents
http://www.cnn.com/POLLSERVER/results/26653.exclude.html
i m sure its basically everybody who is a member of numbersusa, fair and other nut job establishments
http://www.cnn.com/POLLSERVER/results/26653.exclude.html
i m sure its basically everybody who is a member of numbersusa, fair and other nut job establishments
more...
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manub
07-08 10:51 PM
We won`t get any letter from that comapany as my husband din`t exit in good terms.(Ofcourse if they won`t pay him for months).
I do believe in our case the reasons are more to do with the officer dealing the case than with actual technical issues.
In the NOID they said the reason mainly was( he changed from company A to B to C but when he reentered he entered on B instead of C .at that time was not very knowledgeable about all this stuff)he reentry was not legal and was willful misrepresentaton of facts.
Then our lawyer in our reply sent that as long as both visas are still valid it is legal.Then now they state ok his reentry is not wrong only the paystubs part is wrong and stating he never worked for that company chose to deny.
I do believe in our case the reasons are more to do with the officer dealing the case than with actual technical issues.
In the NOID they said the reason mainly was( he changed from company A to B to C but when he reentered he entered on B instead of C .at that time was not very knowledgeable about all this stuff)he reentry was not legal and was willful misrepresentaton of facts.
Then our lawyer in our reply sent that as long as both visas are still valid it is legal.Then now they state ok his reentry is not wrong only the paystubs part is wrong and stating he never worked for that company chose to deny.
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akkisingh@hotmail.com
01-06 02:36 PM
I agree that innocent civilians are getting killed which is very sad. I always had a soft corner for the Plaestinians and was horrified to see the massacre in Jenin some years back. But now Hamas is the legit government in Palestine. They are responsible for their civilians. Hamas cannot fire rockets on another country. Israel in this case is right in acting against Hamas. If Hamas was not in government then it would have been wrong but since they are the govt ,Hamas is responsible for the killings of these civilians.
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unitednations
08-02 10:51 PM
ouch. there is always uncertainty, all steps of this gc process :(
thanks for the note. I only hope they 'go after' people if they suspect fraud or out of status or salary issues etc.
We are just a widget/number to uscis adjudicator. All of these ability to pay denials were very scarce prior to 2004. However, in 2003 and 2004 a lot of the 245i labors got approved (gas stations, restaurants, etc.). USCIS started to see a lot of bogus companies filing for people. They decided to clarify in a memo how they were going to look at ability to pay. Now; ability to pay was used rarely, in those cases that didn't look genuine (if you go to AAO decisions you would have seen the type of companies that uscis usually went after). However, to combat the 245i labors they started to apply the memo to all companies. Just imagine that a company with $20 million revenue can get ability to pay denials; but a company with $15,000 in revenue can get approval.
thanks for the note. I only hope they 'go after' people if they suspect fraud or out of status or salary issues etc.
We are just a widget/number to uscis adjudicator. All of these ability to pay denials were very scarce prior to 2004. However, in 2003 and 2004 a lot of the 245i labors got approved (gas stations, restaurants, etc.). USCIS started to see a lot of bogus companies filing for people. They decided to clarify in a memo how they were going to look at ability to pay. Now; ability to pay was used rarely, in those cases that didn't look genuine (if you go to AAO decisions you would have seen the type of companies that uscis usually went after). However, to combat the 245i labors they started to apply the memo to all companies. Just imagine that a company with $20 million revenue can get ability to pay denials; but a company with $15,000 in revenue can get approval.
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gimme_GC2006
04-13 09:26 PM
Hi gimme_GC2006,
I am no expert in this matter but may be you should respond with all the info you have. Contact Number, Address, Supervisor Name, Phone Number etc - and a brief statement saying that the company does not exist anymore etc etc. If they want to -- they can track down your supervisor etc from the non-existent company if they want to verify your employment.
Again its best if you get help with a qualified attorney - (should'nt hurt to spend a few $$ more to have a peace of mind) plus yours is the only case of this type I am seeing on these boards so is a bit disconcerting...
All the best,
cinqsit
thanks for the suggestion..I dont have those details..for now its all good..but I was thinking one more time, I will hire an attorney.. :)
I am no expert in this matter but may be you should respond with all the info you have. Contact Number, Address, Supervisor Name, Phone Number etc - and a brief statement saying that the company does not exist anymore etc etc. If they want to -- they can track down your supervisor etc from the non-existent company if they want to verify your employment.
Again its best if you get help with a qualified attorney - (should'nt hurt to spend a few $$ more to have a peace of mind) plus yours is the only case of this type I am seeing on these boards so is a bit disconcerting...
All the best,
cinqsit
thanks for the suggestion..I dont have those details..for now its all good..but I was thinking one more time, I will hire an attorney.. :)
more...
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unitednations
03-25 11:58 AM
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.
Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.
In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.
USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.
As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.
Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.
In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.
USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.
As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.
girlfriend MD, in oceancity.md,
ca_immigrant
06-23 02:54 PM
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Yeah sure! Based on your calc skills, people will get under water in no time.. Did you consider the part of principal at all in your calc? 23000 a year and end up at 8K ????
Based on my calc, your monthly payment will be somewhere around $2750 for a 400K loan at that rate. Do the math that makes it 2750 x 12 = 33000 and your 666 will become 1500 now :). Now add all the other stuff such as HOA, Maintenance, property tax, closing cost and what not... to derive the per month cost for first year
Credits are one time.. how about next year and there after??
Unbelievable!
gapala,
I am no expert....if you think the way I am looking at is wrong then fine -:), feel free to ignore my calculation dude -;)
I am not asking anyone to buy or not buy......
Yeah sure! Based on your calc skills, people will get under water in no time.. Did you consider the part of principal at all in your calc? 23000 a year and end up at 8K ????
Based on my calc, your monthly payment will be somewhere around $2750 for a 400K loan at that rate. Do the math that makes it 2750 x 12 = 33000 and your 666 will become 1500 now :). Now add all the other stuff such as HOA, Maintenance, property tax, closing cost and what not... to derive the per month cost for first year
Credits are one time.. how about next year and there after??
Unbelievable!
gapala,
I am no expert....if you think the way I am looking at is wrong then fine -:), feel free to ignore my calculation dude -;)
I am not asking anyone to buy or not buy......
hairstyles Ocean City, Maryland
sc3
08-05 06:41 PM
Come on!, give me a break. You guys are now worried that EB3 will spoil your (what I still consider, ill gotten) party by PD porting. You now come up with arguments about what is EB2.
First argument: "EB2 requires advanced degree"
If that is the case, there is no one who is eligible for Eb2, as "Advanced degrees" is not a degree that is offered by any university in US. Mostly the ones I know offer, Masters and PHD and likes. No one says I am offering "advanced degree". ;)
Further more, advanced degree is subjective. Bachelors is advanced compared to Diploma, which is advanced compared to 10th passed, which is advanced compared someone who failed 10th.
Second: It is not fair to allow EB3s to port.
It is in the law. that part is not grounds for a lawsuit. If you still want to complain, then complain about the fact that AC21 allows you to jump jobs without even getting your GC.
Third (these are my own points)
When people got their F1, they said there are here without immigrant intention. Why is USCIS giving them H1 and then also accepting GCs for them. Come to think of it, OPT is not required by any university for granting the degree, so why are F1s even allowed to work??
The point I am trying to make is that if you try to open one can of worms, everyone else has a Costo or a Sams club to go to and buy a boat load of cans of worms to open - that is going to put you in a bad situation.
First argument: "EB2 requires advanced degree"
If that is the case, there is no one who is eligible for Eb2, as "Advanced degrees" is not a degree that is offered by any university in US. Mostly the ones I know offer, Masters and PHD and likes. No one says I am offering "advanced degree". ;)
Further more, advanced degree is subjective. Bachelors is advanced compared to Diploma, which is advanced compared to 10th passed, which is advanced compared someone who failed 10th.
Second: It is not fair to allow EB3s to port.
It is in the law. that part is not grounds for a lawsuit. If you still want to complain, then complain about the fact that AC21 allows you to jump jobs without even getting your GC.
Third (these are my own points)
When people got their F1, they said there are here without immigrant intention. Why is USCIS giving them H1 and then also accepting GCs for them. Come to think of it, OPT is not required by any university for granting the degree, so why are F1s even allowed to work??
The point I am trying to make is that if you try to open one can of worms, everyone else has a Costo or a Sams club to go to and buy a boat load of cans of worms to open - that is going to put you in a bad situation.
sk2006
06-05 03:09 PM
Renters will never understand why owning a home is better than renting as thus they will continue to make arguments to continue doing so. And I'm sure that giving 1 example or 100 examples will not change your mind in the slightest. Which is why you will always be paying owners like me for a roof to live under.
All your logic works in healthy (Not Bubble) housing market when rents are comparable to mortgage.
In bubble times rents were much lower. Infact in my area for a comparable unit mortgage(30year fixed) was about 4 times the rent. So how would that pay somebody's mortgage?
(Dont tell me owning on ARMs with teaser rates)
Rent would not even cover the monthly payment, forget property tax(appx 2%) and maintenance.
All your logic works in healthy (Not Bubble) housing market when rents are comparable to mortgage.
In bubble times rents were much lower. Infact in my area for a comparable unit mortgage(30year fixed) was about 4 times the rent. So how would that pay somebody's mortgage?
(Dont tell me owning on ARMs with teaser rates)
Rent would not even cover the monthly payment, forget property tax(appx 2%) and maintenance.
bhatt
06-05 09:41 PM
Does anyone know that the closing has to be before November 30th in order to get this 8K tax benefit?
My advice don't buy just for the 8k tax benefit. The reatlors main weapon is this 8k tax credit now. In NJ/NY it is less than the property tax u r paying for one year. In other places with less house prices it may be good.
My advice don't buy just for the 8k tax benefit. The reatlors main weapon is this 8k tax credit now. In NJ/NY it is less than the property tax u r paying for one year. In other places with less house prices it may be good.
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