Wednesday, June 29, 2011

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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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  • nogc_noproblem
    08-05 02:10 PM
    When a physician remarked on a new patient's extraordinarily ruddy complexion...

    ... he said, "High blood pressure, Doc. It comes from my family."

    "Your mother's side or your father's?" I asked.

    "Neither," he replied. "It's from my wife's family."

    "Oh, come now," I said. "How could your wife's family give you high blood pressure?"

    He sighed. "You oughta meet 'em sometime, Doc!"




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  • ita
    09-26 06:53 PM
    There's is another thread running about the cause of Economic crisis,
    Essence of the thread is this video..some in the thread say they checked the information and what this video says is true..check this one out.

    Video:
    http://www.youtube.com/watch?v=H5tZc8oH--o

    Here' the thread:
    http://immigrationvoice.org/forum/showthread.php?t=21745

    Thank you.




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  • Vsach
    01-09 06:19 PM
    What a waste of time & energy!! :rolleyes::rolleyes::rolleyes::rolleyes::rolleyes:



    Why can't we all plan a strategy to get the Green Card process going....rather waste time discussing something like this????:mad::mad::mad::mad::mad::mad::mad::mad::m ad::mad::mad::mad:



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  • spicy_guy
    07-29 04:20 PM
    I am no supporter of either party. To be fair, the economy could have collapsed without him and most of us could have been back home by now.

    Rightly said. He has had bigger problems to deal with than LEGAL immigration. Even if he wants to think about immigration, its going to be much / all about ILLigal immigrants.

    Because thats what Americans want to fix first.




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  • chanduv23
    03-24 03:15 PM
    [QUOTE=ganguteli;329173]Unitednations,

    Ganguteli, it seems you are confusing two things at the same time.

    What USCIS is now doing is going by the strict interpretation of the rule and when they start doing that lots of cases that fall in the gray area and were ignored in the past are now being looked into more closely. I read in one of the forums that an applicant�s 140 was rejected because in an H1 which he applied in early 2000 he had a different job description of an earlier job than the one he had on his 140 Petition. Who would have thought that USCIS would ever go back and pull out a resume from an application that was filled for H1-B in 2000 and compare the resume for 140 you are filling in 2009. In the last few years USCIS has spent a lot of money on technology. They I believe have scanned all the past applications, which can now be linked to all your immigration benefits you are filling for. It�s become a lot easier for an IO to pull out all the past information- like all your H1-B petitions, your 140 petitions today if they wish too when you apply say for an EAD renewal. The sad fact is that USCIS is a blackhole where they can sit on your application for years or decades while you suffer while you cannot do much. Yes you can go to a senator/Congressman or write letters, but if your application is pending with a smart IO who did not like your complaining to the Senator, he can make your life difficult by asking documents after documents before making a decision on your application, while the senator cannot interfere with the process. Welcome to the world of bureaucracy.

    It all depends on the IO who deals with your case.

    We can find tonnes of discrepancies if we want to with any case.

    Most of us here discuss consulting companies - but it is just not consulting companies that are suffering. Sometime back, TSC changed its original interpretation that MBBS is equivalent to masters degree and denied EB2 140s for Physicians from India. This has been or is being corrected.

    I had been doing some enquiring about h1b visas for physicians - and figured out that there are now a lot of issues - especially on interpretations of offer letter, type of institution, kind of work etc and a h1b petitions are also being denied for Physicians - and once again Attorneys are handling these issues.

    It is obvious that things are tightening up. So one must be potentially ready to face challenges and overcome them



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  • texcan
    08-06 05:26 PM
    A man was driving home one evening and realized that it was his daughter's birthday and he hadn't bought her a present. He drove to the mall and ran to the toy store and he asked the store manager "How much is that new Barbie in the window?"

    The Manager replied, "Which one? We have, 'Barbie goes to the gym'for $19.95 ...

    'Barbie goes to the Ball' for $19.95 ...

    'Barbie goes shopping for $19.95 ...

    'Barbie goes to the beach' for $19.95...

    'Barbie goes to the Nightclub' for $19.95 ...

    and 'Divorced Barbie' for $375.00."

    "Why is the Divorced Barbie $375.00, when all the others are $19.95?" Dad asked surprised.

    "Divorced Barbie comes with Ken's car, Ken's House, Ken's boat, Ken's dog, Ken's cat and Ken's furniture."




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  • ssa
    06-23 05:32 PM
    I am shocked to see the HOA cost in CA, Why is HOA so high there, Obviously CA does not get snow like East coast for 4-6 months, so snow mowing and salt sprinkling(which is expensive) is ruled out.
    Just to mow lawn, gardening and keeping tab on overall resident development you pay $400/month..Thats ridiculously high...BTW,I am not from CA, excuse my ignorance.

    Ironically it is not you who is ignorant but people who actually leave in CA (I'm one of them) and pay these steep prices. In CA and especially in silicon valley all prices related to real estate got de-linked from reality/any actual cost basis during the housing boom. The only reason HOAs or house prices are so high is because they could charge them and could still find buyers. Now CA has lowest credit rating of all 50 states and bay area has one of the highest unemployment rate. I could be wrong but to me it seems like house of cards...



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  • Macaca
    12-29 07:36 PM
    Free Trade, Drugs and India
    Attacking the means of funding pharmaceutical breakthroughs is a strange way to pursue global health. (http://online.wsj.com/article/SB10001424052748703581204576033291893219786.html)
    Wall Street Journal Editorial

    This month protesters clad in white coats and "HIV Positive" breadboards gathered outside the EU-India summit in Brussels under a banner that read "Europe! Hands Off Our Medicine." Doctors Without Borders, which leads the "Hands Off" campaign, held similar demonstrations in Delhi, Nairobi, Bangkok and Jakarta.

    Their aim is to derail a free-trade deal that India and Europe have been negotiating for four years. Brussels says it hopes to have an agreement by early next year, and it predicts the pact would boost European investment in India by 27%. The talks have been held up by many of the familiar bugaboos: European agricultural tariffs, Indian levies on alcohol, and a provision that would make it easier for Indians to get temporary work visas in the EU.

    But the issue that most excites activists and dominates Indian headlines is that of intellectual property rights�specifically those of pharmaceutical companies. Today India is the world's leading producer of cheap generic drugs, supplying 80% of the medicines that groups like Doctors Without Borders administer in poor countries. The U.N. estimates that 93% of the anti-retrovirals going to Third World HIV patients were made in India.

    These drugs may be cheap to copy, but they cost billions to develop, and Indian law currently gives regulators broad scope to block drug-patent applications and allow knock-off production. Delhi has denied Indian patents for Novartis's cancer drug Glivec and Gilead's HIV treatment Tenofovir, among others.

    Europe is now gunning for a trade agreement that would ensure a period of exclusive access to pharmaceutical companies' research data. World Trade Organization rules allow India to grant its own drug makers licenses to replicate certain products even without the inventor's consent. But unless copycats can use pharmaceutical companies' original data to show that the drug is safe and effective, they'd have to conduct their own trials.

    So the question is how long data exclusivity would be protected in India under a free-trade deal. EU law protects most pharmaceutical patents for 20 years and secures companies' data exclusivity for 11 years. The EU doesn't expect India to impose European-style intellectual property rights overnight, but it has asked India to meet it part of the way.

    This has led to protests among Western activists that Europe wants to shut down India's generic-drug industry and drive up the price of HIV drugs in Africa. The U.N.'s special rapporteur on the Right to Health, Anand Grover, decided to chime in earlier this month, slamming the free-trade deal and warning that Europe's "demands are only meant to further line the pockets of multinational companies."

    Attacking drug makers' means of funding future breakthroughs seems a strange way to pursue global health. And while Indian officials might think they're doing the home team a favor by keeping it easy to rip off expensive medicines, they're doing nothing to incentivize domestic creators. The next blockbuster drug could well come from an Indian lab. Delhi could make that prospect all the more likely by defending the fruits of everyone's labors on the subcontinent.



    In 2010, Bollywood gets a lesson in math (http://in.reuters.com/article/idINIndia-53822120101228) By Shilpa Jamkhandikar | Reuters
    India Citibank employee 'steals millions of dollars' (http://www.bbc.co.uk/news/world-south-asia-12088085) BBC
    Looking back, looking ahead (http://timesofindia.indiatimes.com/home/opinion/edit-page/Looking-back-looking-ahead/articleshow/7186182.cms) By
    Sudipto Mundle | Times of India




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  • senthil1
    05-15 09:11 PM
    No this is not correct. If consultancy companies are not there we could find a permanent job. I do not think if H1b is banned for consulting H1b numbers will be reduced so much. H1b rotation will be reduced. But still TCS, Infosys will survive as they have lot of other options like L1 and B1.But US persons will make more money in consulting as there is no restriction for them. So impact is minimal for US companies and also H1B persons. impact will be severe for bodyshoppers. Also current H1b people will not be impacted as most of them will file I 485 as Skil bill be passed. But H1b abuse will be minimised.

    If consultant companies are not suppose to body shop most of us will be jobless. Please look back how you came to this country in the past.
    Body shopping in not a new concept for H1-B, don't know why they are concered now.



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  • alisa
    04-07 02:17 PM
    Why is senator Durbin insisting upon providing American trained (and in some cases, even American educated) high-skilled individuals to low-cost competitors of America (India and China)?

    I agree with you that the ability to file for 485 without a visa number would be a blessing for all of us.

    What are we doing about this situation btw?

    You will not be able to convince the lawmakers who introduced this draconian law to make any exemptions for h1 extensions. These people introduced this measure with a well thought out strategy to kill h1 without actualy saying they want to kill h1.

    A good way to protect people already on h1 from these draconian laws is through the ability to file for 485 without priority date. Every passing day will only make it worse for people on h1 not just new h1 but also people already on h1 waiting for h1 extension or renewal or transfer.




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  • nojoke
    01-04 01:11 PM
    I don't have a lot of time either. My wife is getting increasingly irritated; I might lose my laptop-privileges pretty soon.


    Its not because I am defending Dawood. Its just that when people talk about Dawood, the response from Pakistan has been that India is giving the list of the usual suspects, and trying to score points. [They also deny that he is in Pakistan]. So, I say, forget the past. Just focus on Bombay; get to the bottom of it, use it as an opportunity to improve relations between India and Pakistan, and move forward.


    First of all, 'I' won't be taking any action, regardless of what proof anyone provides.
    Secondly, I think Pakistan shouldn't need to be provided any proof. Pakistan should do its own investigation. And Pakistan and India should also cooperate in their investigations.
    And then Pakistan should charge those people with 'treason', and hang them.


    First of all, there is no 'we' as you mean it. This is not IndianImmigrationVoice, despite repeated and increasing evidence to the contrary.
    Secondly, this is a pretty good opportunity for Indians and Pakistanis who live in the USA to engage in a conversation about the relations between their countries. I don't think this thread is anything more than that. So, unless I start asking you to loan me a million dollars, 'trust' is a moot point.




    I think you are unable to distinguish between an individual (me for example, or you), groups of individuals (any one of the militant groups), the state and the government (Pakistan or India), the media, and the public opinion.

    I know why you wanted to avoid this dawood Ibrahim. It clearly shows unwillingness for pakistan to take actions on these terrorists. Forget Dawood, what about azad (plane hijacker). You acknowledge he is in pakistan. If not him, can you find at least one guy from pakistan out of hundreds who have committed terrorist acts on India. Please don't hide behing 'past is past'. Do you see why we(not this forum members, but people of India) feel that pakistan government or ISI has some role in these incidents.
    Note: 'we' meant not this forum members. 'You' meant people of pakistan and government.



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  • dealsnet
    01-07 04:49 PM
    You lived in India and hate India, because of your wicked religion.
    Equating Bombay with Palastine is only a traitor can do.
    Even passive support is act of betrayel.
    Evil will be destoyed, it is God's will. They are preparing the kids for suicide bomber. So it is their fate to die little early, without harming any one.
    Any way your religion and its founder are blasphamy for real children of God.
    Only retard minded can follow it. Do suicide bomb to get 72 virgins. If any one of the virgin is a lesbian, what will do ?. If the guy is old, do he get viagara???They don't know in heaven no sex. No flesh, people in spiritual state.

    I know you won't respond me anymore. Because you know your believe/ideology/prophecy/unjust acts will be exposed here.




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  • kumarc123
    01-03 09:55 PM
    Guys you all re incredible with your perspectives on the subject WAR


    I have a golden question

    Does it help our immigration situation? I am sure there are people in INDIA and PAKISTAN to take take care of that


    WAR DOES NOT HELP ANYONE<


    Please I request you all to focus on the upcoming rally, it is not about Indians or Pakistanis in this country, we all have a bigger problem of our immigration system that is effecting our and our family's problems.

    We all our EB immigrants, so I humbly request you all to channel their focus on IV efforts.



    Thank uoi



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  • copsmart
    01-01 09:39 AM
    Wish You All a Happy and Prosperous New Year.

    May god give this world the strength and courage to tackle Pakistan and its terrorist activities.

    World Peace!




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  • sriramkalyan
    12-19 02:26 PM
    Looks like time to shutdown IV site..

    I suggested long time back .. do not allow anyone to start the threads ..

    Only allow users who are active contributors to IV budget.


    Now this site is becoming like yahoo chats ...

    God help Immigration community ...

    EB3 is not moving ...EB2 dead stop ...



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  • transpass
    03-26 03:36 AM
    The above link is one of those 35 straight denial decisions due to temporary job issue in 140.

    It was from california service center. I do know of another pretty large company which same thing happened to.

    However; this issue was confined to california service center and I have not seen it since.

    Where is this ace technology, and I wonder if it's a small firm...




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  • RNGC
    06-23 04:37 PM
    If you are worried about 485 getting denied then -

    1. Buy a house now and live in it for 10-15 years and build up equity.
    2. Put the house for sale a month or two or six months (depending on the real estate market in your area) before your PD becomes current (2025).
    3. Live in a rented house for one or two or six months in 2025. Better than living in a rented house from 2009 - 2025. Correct?
    4. But bigger house after GC gets approved OR go back home.

    2025: Congratulations!!! You just made 30-40% profit on your home. Go back home and retire.

    good!




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  • sc3
    08-05 06:48 PM
    Here we go again. EB2 is fraud, they are all really EB3, but guess what? All the bright EB3s are really EB2, they are all suffering needlesly. Right?

    Here's my take (I don't even believe it but I think you deserve to hear it)- I think EB3s like you are the real frauds. If immigration law were followed to the T, plenty of EB3s would never get a GC. So many Americans with basic skills that can do silly coding - hell a monkey can do it. So enjoy what you have.

    How did you like the sound of that pal? If it felt wrong and offensive, then first shut your own gob and stop posting crap about "most EB2s".

    Just fyi I have been here loger than you- by quite a lot. So if that's the qualification, I have "seen" a lot too.

    I dont know whom you are responding to but...

    So Eb2 does not do silly coding??!!. Get a reality check. The jobs that Eb3 and EB2 does are pretty much the same. The same monkey can do the jobs of EB2 too, so I fail to see you point.

    Also, the law does not just state that there are no qualified -- there is also a willing clause. There might be Americans who can do the job, but such Americans may not want to relocate etc.


    Over the lot of arguments I have seen Eb2 claiming to be superior, please disabuse yourselves of it. I am Eb3, but I lord over Eb2, and the same EB2s lord over me depending on particular expertise and problem that is being solved, that is business. No, I am not talking about telling EB2s how to switch on their computers. I am talking about hardcore technical issues.




    NKR
    08-05 08:38 AM
    Why did they not take the employer to court? Why make the EB2 line suffer for these employer's faults?

    If an employer wrongly files your case under EB3 instead of EB2 or EB1, then the onus is on you to challenge them and take them to court if need be.

    And start the GC process all over again?. well isn't there an easy option of converting to EB2?. :)




    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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