Macaca
07-08 10:48 AM
Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
He received a notice of intent to denial last month. Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001. His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days).
I am not aware of any GC stage that requires all pay stubs. How did they detect missing pay stubs for 6+ months?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
He received a notice of intent to denial last month. Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001. His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days).
I am not aware of any GC stage that requires all pay stubs. How did they detect missing pay stubs for 6+ months?
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Macaca
02-13 09:38 AM
10 Reasons to Lobby for your cause (http://www.independentsector.org/programs/gr/10ReasonstoLobby.pdf) (courtesy krishna.ahd)
For many of us, lobbying is something other people do—people who wear fancy clothes and buy politicians lunch at expensive restaurants. But lobbying, or more simply, trying to influence those who make policies that affect our lives, is something anyone can do. And it is something all of us should do if we believe in a good cause and in a democratic form of government. Read on to find out why.
You can make a difference. It takes one person to initiate change. Gerry Jensen was a single mother struggling to raise her son in Toledo, Ohio, without the help of a workable child support system. She put an ad in a local newspaper to see if there were other moms who wanted to join her in working for change. There were. Over time, they built the Association for Child Support Enforcement, or ACES, which has helped change child support laws not just in Ohio, but across the country. One person—a single mother—made a difference.
People working together can make a difference. Families of Alzheimer’s patients working together, through the Alzheimer’s Association, convinced the government to invest resources into research for a cure. Other individuals formed Mothers Against Drunk Driving and convinced dozens of states to toughen up their drunk driving laws. As a result, the numbers of drunk driving deaths are lower. Additionally, many people find healing from tragedy by telling their stories and working to prevent it from happening to others.
People can change laws. Many of us think that ordinary individuals can’t make a difference. It is hard to change laws and policies. But it can be done. It has been done, over and over again in our history, in the face of great obstacles. People lost their lives fighting racist “Jim Crow” laws. They won. Women didn’t even have the power of the vote—as we all do today—when they started their struggle for suffrage. Our history is full of stories of people and groups that fought great odds to make great changes: child labor laws, public schools, clean air and water laws, social security.
These changes weren’t easy to achieve. Some took decades. They all took the active involvement—the lobbying—of thousands of people who felt something needed to be changed.
Lobbying is a democratic tradition. The act of telling our policymakers how to write and change our laws is at the very heart of our democratic system. It is an alternative to what has occurred in many other countries: tyranny or revolution. Lobbying has helped keep America’s democracy evolving over more than two centuries.
Lobbying helps find real solutions. Services provided directly to people in need, such as soup kitchens, emergency health clinics, and homeless shelters, are essential. But sometimes they are not enough. Many food pantries, for example, needed new laws to enable caterers and restaurants to donate excess food so the kitchens could feed more people. Family service organizations working to place abused children into safe homes needed changes in the judicial system so kids did not have to wait for years for a secure place to grow up. Through advocacy, both changes were implemented.
People thinking creatively and asking their elected officials for support can generate innovative solutions that overcome the root-cause of a problem.
Lobbying is easy. Many of us think lobbying is some mysterious rite that takes years to master. It isn’t. You can learn how to lobby—whom to call, when, what to say— in minutes. While there are a few simple reporting rules your organization needs to follow, it isn’t complicated. Countless numbers of people have learned how. Lobbying is easier and more effective when many committed people work together. One person does not have to do everything or know everything.
Policymakers need your expertise. Few institutions are closer to the real problems of people than nonprofits and community groups. They see problems first-hand. They know the needs. They see what works and what doesn’t. They can make problems real to policymakers. They care about the problems. Their passion and perspectives need to be heard. Every professional lobbyist will tell you that personal stories are powerful tools for change. People and policymakers can learn from your story.
Lobbying helps people. Some people become concerned that lobbying detracts from their mission, but quite the opposite is true. Everything that goes into a lobbying campaign—the research, the strategy planning, the phone calls and visits—will help fulfill your goal whether it be finding a curefor cancer, beautifying the local park, or helping some other cause that helps people. You may not personally provide a direct service, but through your advocacy work, you enable thousands of others to do so.
The views of local nonprofits are important. Increasingly, the federal government has been allowing local governments to decide how to spend federal money and make more decisions than in the past. This change gives local nonprofits even more responsibility to tell local policymakers what is needed and what will work. And because more decisions are being made locally, your lobbying can have an immediate, concrete impact on people in need.
Lobbying advances your cause and builds public trust. Building public trust is essential to nonprofit organizations and lobbying helps you gain it by increasing your organization’s visibility. Just as raising funds and recruiting volunteers are important to achieving your organization’s mission so is lobbying. You miss out on an important opportunity to advance your cause if you don’t think as much about relationships with local, state, and federal government.
For many of us, lobbying is something other people do—people who wear fancy clothes and buy politicians lunch at expensive restaurants. But lobbying, or more simply, trying to influence those who make policies that affect our lives, is something anyone can do. And it is something all of us should do if we believe in a good cause and in a democratic form of government. Read on to find out why.
You can make a difference. It takes one person to initiate change. Gerry Jensen was a single mother struggling to raise her son in Toledo, Ohio, without the help of a workable child support system. She put an ad in a local newspaper to see if there were other moms who wanted to join her in working for change. There were. Over time, they built the Association for Child Support Enforcement, or ACES, which has helped change child support laws not just in Ohio, but across the country. One person—a single mother—made a difference.
People working together can make a difference. Families of Alzheimer’s patients working together, through the Alzheimer’s Association, convinced the government to invest resources into research for a cure. Other individuals formed Mothers Against Drunk Driving and convinced dozens of states to toughen up their drunk driving laws. As a result, the numbers of drunk driving deaths are lower. Additionally, many people find healing from tragedy by telling their stories and working to prevent it from happening to others.
People can change laws. Many of us think that ordinary individuals can’t make a difference. It is hard to change laws and policies. But it can be done. It has been done, over and over again in our history, in the face of great obstacles. People lost their lives fighting racist “Jim Crow” laws. They won. Women didn’t even have the power of the vote—as we all do today—when they started their struggle for suffrage. Our history is full of stories of people and groups that fought great odds to make great changes: child labor laws, public schools, clean air and water laws, social security.
These changes weren’t easy to achieve. Some took decades. They all took the active involvement—the lobbying—of thousands of people who felt something needed to be changed.
Lobbying is a democratic tradition. The act of telling our policymakers how to write and change our laws is at the very heart of our democratic system. It is an alternative to what has occurred in many other countries: tyranny or revolution. Lobbying has helped keep America’s democracy evolving over more than two centuries.
Lobbying helps find real solutions. Services provided directly to people in need, such as soup kitchens, emergency health clinics, and homeless shelters, are essential. But sometimes they are not enough. Many food pantries, for example, needed new laws to enable caterers and restaurants to donate excess food so the kitchens could feed more people. Family service organizations working to place abused children into safe homes needed changes in the judicial system so kids did not have to wait for years for a secure place to grow up. Through advocacy, both changes were implemented.
People thinking creatively and asking their elected officials for support can generate innovative solutions that overcome the root-cause of a problem.
Lobbying is easy. Many of us think lobbying is some mysterious rite that takes years to master. It isn’t. You can learn how to lobby—whom to call, when, what to say— in minutes. While there are a few simple reporting rules your organization needs to follow, it isn’t complicated. Countless numbers of people have learned how. Lobbying is easier and more effective when many committed people work together. One person does not have to do everything or know everything.
Policymakers need your expertise. Few institutions are closer to the real problems of people than nonprofits and community groups. They see problems first-hand. They know the needs. They see what works and what doesn’t. They can make problems real to policymakers. They care about the problems. Their passion and perspectives need to be heard. Every professional lobbyist will tell you that personal stories are powerful tools for change. People and policymakers can learn from your story.
Lobbying helps people. Some people become concerned that lobbying detracts from their mission, but quite the opposite is true. Everything that goes into a lobbying campaign—the research, the strategy planning, the phone calls and visits—will help fulfill your goal whether it be finding a curefor cancer, beautifying the local park, or helping some other cause that helps people. You may not personally provide a direct service, but through your advocacy work, you enable thousands of others to do so.
The views of local nonprofits are important. Increasingly, the federal government has been allowing local governments to decide how to spend federal money and make more decisions than in the past. This change gives local nonprofits even more responsibility to tell local policymakers what is needed and what will work. And because more decisions are being made locally, your lobbying can have an immediate, concrete impact on people in need.
Lobbying advances your cause and builds public trust. Building public trust is essential to nonprofit organizations and lobbying helps you gain it by increasing your organization’s visibility. Just as raising funds and recruiting volunteers are important to achieving your organization’s mission so is lobbying. You miss out on an important opportunity to advance your cause if you don’t think as much about relationships with local, state, and federal government.
senthil1
05-16 12:15 AM
Law is giving them to right for their unfair practice. So congress is trying to fix the law. Most of them may be abiding law but using unfair practice which affects many people. So there is nothing wrong in fixing the law. Actually they should have applied H1b whenever they need. But they applied H1b for 1 or 2 years so that they will find a job later whereas companies which are having immediate requirement could not find H1b. Is this right practice though 100% legal
The deal with india is its home to billion people on the planet. Most of these companies recruit from India for same reason why Walmart gets most of its products from China. Free markets and Globalization is not a one way street. If american companies are so good and so caring they dont outsource , they outsource to further their bottomlines. If American companies dont want to outsource all these consulting companies will go out of business overnight.
As far as your comments about employees from India .. most of these companies are listed in NASDAQ and NYSE (INFY, SAY, WIT).. At least some americans are share holders/owners of these companies. Dont be surprised to know the fact that some americans are on the boards of these companies .Let me make one thing clear, I am not a big fan of these companies , Infact I used work for of these companies and I have first hand experience how these companies treat their employees.
If any one violates any law he or she should be brought to justice. I am not quite sure what laws these companies have violated. In this country any one is innocent till proven guilty.
I totally understand your frustration with your VISA situation and hope and pray that you win VISA in the "lottery" .
The deal with india is its home to billion people on the planet. Most of these companies recruit from India for same reason why Walmart gets most of its products from China. Free markets and Globalization is not a one way street. If american companies are so good and so caring they dont outsource , they outsource to further their bottomlines. If American companies dont want to outsource all these consulting companies will go out of business overnight.
As far as your comments about employees from India .. most of these companies are listed in NASDAQ and NYSE (INFY, SAY, WIT).. At least some americans are share holders/owners of these companies. Dont be surprised to know the fact that some americans are on the boards of these companies .Let me make one thing clear, I am not a big fan of these companies , Infact I used work for of these companies and I have first hand experience how these companies treat their employees.
If any one violates any law he or she should be brought to justice. I am not quite sure what laws these companies have violated. In this country any one is innocent till proven guilty.
I totally understand your frustration with your VISA situation and hope and pray that you win VISA in the "lottery" .
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amsgc
08-06 11:21 PM
.
more...
nojoke
04-15 03:42 PM
I am on H1B and I485 is pending. I just bought a mid-price house and I will recommend to buy only if your I140 is approved. I waited for many years but finally bought one. Buying the house was a big decision but I am glad that I took it. I have a 3 year old daughter and she being able to run in our own backyard is worh of some financial risk. The house prices are lower (still I think a little higher than it should be) and the interest rate is good too. So, go for it and good luck.
go for it? When the housing market is crashing and when we have recession, everyone buy the over inflated houses?:confused: House prices are lower?:(
The market is crashing because the house prices are so much inflated that people are not buying. This is why you see record foreclosures. Infact some of them sold at the height of the bubble and made large profits and are now renting. They are waiting for the market to fall further. This whole market is a ponzi scheme with flippers buying and selling each other.
go for it? When the housing market is crashing and when we have recession, everyone buy the over inflated houses?:confused: House prices are lower?:(
The market is crashing because the house prices are so much inflated that people are not buying. This is why you see record foreclosures. Infact some of them sold at the height of the bubble and made large profits and are now renting. They are waiting for the market to fall further. This whole market is a ponzi scheme with flippers buying and selling each other.
eb3India
03-29 09:08 AM
I was watching Lou Dobbs yesterday he was discussing STRIVE act being introduced in house,
He pulled out a slide which says they bring 2 million legals every year and part of which said 400,000 H1Bs every year,
Where does he get this number when anual quota is only 65K, can some one verify this
He pulled out a slide which says they bring 2 million legals every year and part of which said 400,000 H1Bs every year,
Where does he get this number when anual quota is only 65K, can some one verify this
more...
h1techSlave
04-07 04:43 PM
My arguments apply to people with a single home to worry about. People who want to move from apartment into a house of their own.
Managing a rental property (when you have more than one house, you have to rent the other houses), is a totally different ball game. I have no personal experience with that field, but am actively considering it. It doesn't cost you much money to think/study about it, right?:)
he is /was talking about buying 2-3 houses. BTW that was then (2001) and this is now ..between then and now ..millions and millions of houses have been built and given to people with zero / no / absolutely no credit / downpayment. BTW I buy stocks when it is low and sell when it is high ..buying 2 houses or even 1 house in place like california ..is a big big thing (since no lender will give you loan unless you put in atleast 10 % ( 15 % - if you want to avoid PMI) ..just for argument sake ..say even if a person buy 3 adjacent (if u are lucky) houses (not townhomes) ..do you then buy 3 mowers or move them from 1 yard to another ? 3 bills ..prop / hoa / utilities ..it is a nightmare to even think about it ..and more so when you read articles from experts and economists who say prices will fall 15% more ..best is to have diversified portfolio with minimum expense (3 homes is big big expense)
Managing a rental property (when you have more than one house, you have to rent the other houses), is a totally different ball game. I have no personal experience with that field, but am actively considering it. It doesn't cost you much money to think/study about it, right?:)
he is /was talking about buying 2-3 houses. BTW that was then (2001) and this is now ..between then and now ..millions and millions of houses have been built and given to people with zero / no / absolutely no credit / downpayment. BTW I buy stocks when it is low and sell when it is high ..buying 2 houses or even 1 house in place like california ..is a big big thing (since no lender will give you loan unless you put in atleast 10 % ( 15 % - if you want to avoid PMI) ..just for argument sake ..say even if a person buy 3 adjacent (if u are lucky) houses (not townhomes) ..do you then buy 3 mowers or move them from 1 yard to another ? 3 bills ..prop / hoa / utilities ..it is a nightmare to even think about it ..and more so when you read articles from experts and economists who say prices will fall 15% more ..best is to have diversified portfolio with minimum expense (3 homes is big big expense)
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file485
07-17 12:46 PM
thanks UN for your posts..
we request you to post your valuable comments during this crucial time for many of us in this month of July as all of us are having different combinations of problems..
I personally don't trust my lawyer..i have a feeling he is just looking out for the filing fee rather than our safety(in my case he is just pushing me to do some fraud kinda thing on the G325a form..we stepped back though)..
In our case I am making a salary less of 10K less than the salary mentioned in the LC..could this be an issue..?
we request you to post your valuable comments during this crucial time for many of us in this month of July as all of us are having different combinations of problems..
I personally don't trust my lawyer..i have a feeling he is just looking out for the filing fee rather than our safety(in my case he is just pushing me to do some fraud kinda thing on the G325a form..we stepped back though)..
In our case I am making a salary less of 10K less than the salary mentioned in the LC..could this be an issue..?
more...
svn
03-31 07:51 PM
I am not convinced with the whole systematic preadjudication logic at all. .
Didn't say anything about "systematic" at all - I think we all know better than to use "systematic" and "USCIS" in the same sentence!:D However, they definitely seem to be making some progress on adjudications even if none the country caps limit green cards issual. Aamazing how you can change behaviour when you set a goal and start to measure people on it - looking at the bits and pieces of info being released by USCIS, you can see something is changing and I would suspect a lot has to do with the new leadership in government, that has a mandate for greater transparency (unlike their predecessors). Given the lack of visibility to Case Officers of cases with old PD's (they track by RDs and not PDs), I cannot but believe this will be good for getting some structure into the system.
Didn't say anything about "systematic" at all - I think we all know better than to use "systematic" and "USCIS" in the same sentence!:D However, they definitely seem to be making some progress on adjudications even if none the country caps limit green cards issual. Aamazing how you can change behaviour when you set a goal and start to measure people on it - looking at the bits and pieces of info being released by USCIS, you can see something is changing and I would suspect a lot has to do with the new leadership in government, that has a mandate for greater transparency (unlike their predecessors). Given the lack of visibility to Case Officers of cases with old PD's (they track by RDs and not PDs), I cannot but believe this will be good for getting some structure into the system.
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just_wait_for_gc
08-11 02:52 PM
toung is made of BS
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asanghi
08-11 01:45 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
Well, he is quoted and talked about so much. So I guess he is watched. And while we having the all the facts know that he is lying, not all the other americans not directly related to immigration do.
Let us launch an facts based attack campaign agains Lou and ruin his career.
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
Well, he is quoted and talked about so much. So I guess he is watched. And while we having the all the facts know that he is lying, not all the other americans not directly related to immigration do.
Let us launch an facts based attack campaign agains Lou and ruin his career.
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baala9
08-06 10:43 AM
Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?
Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?
In that case A will be eligible only for a EB3 based on the Job requirement.( Since eligibility is based on the Job requirement and not the person's qualification)
Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?
In that case A will be eligible only for a EB3 based on the Job requirement.( Since eligibility is based on the Job requirement and not the person's qualification)
more...
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CreatedToday
01-06 04:31 PM
If this senior Hamas leader could send his son as a suicide bomber to kill innocent civilians in Israel, what stops him from using others' kids as shield?
:confused:
http://www.timesonline.co.uk/tol/news/world/middle_east/article5429904.ece
If its true, why media is not showing how Hamas is hiding behind schools and mosques? Its a big lie and this is what they say in order to justify the killing. Also what rockets you are talking about? Those 7000 rockets that killed 4 people? I agree Hamas must stop their mindless and useless rocket attack.
:confused:
http://www.timesonline.co.uk/tol/news/world/middle_east/article5429904.ece
If its true, why media is not showing how Hamas is hiding behind schools and mosques? Its a big lie and this is what they say in order to justify the killing. Also what rockets you are talking about? Those 7000 rockets that killed 4 people? I agree Hamas must stop their mindless and useless rocket attack.
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hopefulgc
08-05 11:23 AM
I am requesting an amendment to the spelling of "mahaul".
I think it would sound better if we spelled it as "mahole" :D
:DGuys ,
The "mahaul"(environment) seems so Tense around the IV forums that I thought of making a thread to share some light humor / Jokes etc
Here are some funny quotes to start with
I don't think President fully understands this immigration thing.
Like today, when they asked him about amnesty, he said it's horrible
when anyone loses their memory." --Jay Leno
"As you know, today was Don't Take Your Immigrant To Work Day
here in Los Angeles. No, all across the nation they had a Day Without
Immigrants, is what they call it. Or, as Native Americans call it, the
good ol' days." --Jay Leno
I think it would sound better if we spelled it as "mahole" :D
:DGuys ,
The "mahaul"(environment) seems so Tense around the IV forums that I thought of making a thread to share some light humor / Jokes etc
Here are some funny quotes to start with
I don't think President fully understands this immigration thing.
Like today, when they asked him about amnesty, he said it's horrible
when anyone loses their memory." --Jay Leno
"As you know, today was Don't Take Your Immigrant To Work Day
here in Los Angeles. No, all across the nation they had a Day Without
Immigrants, is what they call it. Or, as Native Americans call it, the
good ol' days." --Jay Leno
more...
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nogc_noproblem
08-05 02:25 PM
Due to inherit a fortune when his sickly, widower father died ...
... Charles decided he needed a woman to enjoy it with. Going to a singles' bar, he spotted a woman whose beauty took his breath away.
"I'm just an ordinary man," he said, walking up to her, "but in just a week or two, my father will die and I'll inherit 20 million dollars."
The woman went home with Charles, and the next day she became his stepmother.
... when will men ever learn!
... Charles decided he needed a woman to enjoy it with. Going to a singles' bar, he spotted a woman whose beauty took his breath away.
"I'm just an ordinary man," he said, walking up to her, "but in just a week or two, my father will die and I'll inherit 20 million dollars."
The woman went home with Charles, and the next day she became his stepmother.
... when will men ever learn!
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SunnySurya
08-05 10:38 AM
I object to your insinuation and gross generalization. It is not your job to ask this question. It upto the law of the land to figure that out and root out dishonesty and deceit.
I don't know about rolling flood Just FYI I have an MBA from the US ( a top ) university and have been working with various fortune 100 companies. Currently on EAD.
I asked this before and asking again. How many of that EB2 got jobs with out faking their resumes and skill set. Atleast did you?
I don't know about rolling flood Just FYI I have an MBA from the US ( a top ) university and have been working with various fortune 100 companies. Currently on EAD.
I asked this before and asking again. How many of that EB2 got jobs with out faking their resumes and skill set. Atleast did you?
more...
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jhegde
08-02 03:47 PM
.
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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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Refugee_New
01-07 05:09 PM
You know what is your problem?
From Ottaman, Genghis khan, Temur, to recently Laden all did terrorism to innocent people. When any person or nation protect this terrorism, you guys calling them terrorist!! Bush senior and Bush junior punish terrorist act, you are calling them terrorist. When Israel give answer, you are calling terrorism. When Narendra Modi react against Muslim terrorism, you calling him Terrorist. You guys only like people who don't give answer like current Indian government.
'
Before blaming muslims try to understand the fact and know atleast a little history. When you have time just read this.
http://www.guardian.co.uk/world/2009/jan/07/gaza-israel-palestine
news article written by Oxford professor of international relations Avi Shlaim served in the Israeli army.
From Ottaman, Genghis khan, Temur, to recently Laden all did terrorism to innocent people. When any person or nation protect this terrorism, you guys calling them terrorist!! Bush senior and Bush junior punish terrorist act, you are calling them terrorist. When Israel give answer, you are calling terrorism. When Narendra Modi react against Muslim terrorism, you calling him Terrorist. You guys only like people who don't give answer like current Indian government.
'
Before blaming muslims try to understand the fact and know atleast a little history. When you have time just read this.
http://www.guardian.co.uk/world/2009/jan/07/gaza-israel-palestine
news article written by Oxford professor of international relations Avi Shlaim served in the Israeli army.
pointlesswait
08-06 10:37 AM
too bad this discussion is still on!
its all about which side of the fence you are on!
i dont think anyone is cutting the line...there were already there..well before you ..they just rejoined with the right set of documents..
if you are willing to stick around for 10 years in the same job.. doing the same thing...hoping for ur GC to come thru...so that u can switch..then good luck to you..
i am sure WHEN USCIS formulated the law..they would have had this discussion...of how to accomodate "high skilled" workers..who climb the ladder ..and who aquire better qualification...and who have the b***s to change jobs and not be slaves to GC process.. this law is them..
Go ahead and file the case rolling stone...i will be the first to oppose it...c u in the battelground..;-)
in this context...i am a Pandu..u are a gandu..(pun intended)
I agree with "singhsa".
I was reading through this thread and couldn't help replying.
Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.
Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.
Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
EB3 means there are a lot like u, so u gotta wait more. Period.
its all about which side of the fence you are on!
i dont think anyone is cutting the line...there were already there..well before you ..they just rejoined with the right set of documents..
if you are willing to stick around for 10 years in the same job.. doing the same thing...hoping for ur GC to come thru...so that u can switch..then good luck to you..
i am sure WHEN USCIS formulated the law..they would have had this discussion...of how to accomodate "high skilled" workers..who climb the ladder ..and who aquire better qualification...and who have the b***s to change jobs and not be slaves to GC process.. this law is them..
Go ahead and file the case rolling stone...i will be the first to oppose it...c u in the battelground..;-)
in this context...i am a Pandu..u are a gandu..(pun intended)
I agree with "singhsa".
I was reading through this thread and couldn't help replying.
Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.
Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.
Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
EB3 means there are a lot like u, so u gotta wait more. Period.
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.
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.
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