mariner5555
04-09 07:29 AM
We've met with a lot of law makers and their aids, and really the housing down turn is not an argument for GC that is productive to use. If I get 30 minutes with a law maker's aid, each minute is valuable I can muster many more compelling arguments in that time.
So to answer your question: yes IV has considered this, but only for about 2 seconds. It is something that is not worth raising with law makers or media.
o.k. ..Thanks.
In that case, I honestly don't know why a lawmaker would care much about faster GC processing. if I was a lawmaker and someone comes to me complaining about USCIS - I would think in my mind "hey that is the system ..live with it". I would think the lawmaker would be thinking about other things (like having fun :-)) ..or taking care of the lobbyists who give them donations.
..I guess the only other hope would be if other countries in europe start giving super fast blue cards and the talent starts to go there. unless there is urgency the system will never change. even the namechecks were relaxed because of lawsuits.
I guess the only silver lining is that I will continue to rent (become richer ;-) and have fun while watching the home prices go down and down)
So to answer your question: yes IV has considered this, but only for about 2 seconds. It is something that is not worth raising with law makers or media.
o.k. ..Thanks.
In that case, I honestly don't know why a lawmaker would care much about faster GC processing. if I was a lawmaker and someone comes to me complaining about USCIS - I would think in my mind "hey that is the system ..live with it". I would think the lawmaker would be thinking about other things (like having fun :-)) ..or taking care of the lobbyists who give them donations.
..I guess the only other hope would be if other countries in europe start giving super fast blue cards and the talent starts to go there. unless there is urgency the system will never change. even the namechecks were relaxed because of lawsuits.
I guess the only silver lining is that I will continue to rent (become richer ;-) and have fun while watching the home prices go down and down)
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greenguru
04-08 02:17 AM
I was discussing the same with a friend of mine...
what will be done next is ...
Have 49 employees and start a sister concern ( New firm ) after that ..
what will be done next is ...
Have 49 employees and start a sister concern ( New firm ) after that ..
senthil1
04-06 09:50 PM
But congress needs to find some solution for H1b mess like applying 150k H1b in one day. If no alternative solution is suggested some part/all part of this bill may be considered. US companies will not be impacted as they are not h1b dependent and they are hiring more than 50% US workers so they may not oppose that much. If Microsoft lobby for 200k H1b but still if they could not get any h1b why will they lobby it? American companies will either ask unlimited H1b or restrictions for bodyshopping so that everyone will get fair share of H1b. Lottery is shame as many deserving candidates will be rejected but many lower grade people may enter there is no merrit in selection of H1b. If IV is opposing this they need to give some solution for H1b mess. Otherwise no point. Also the bill was introduced by both Democrat and Republican. So Whether it is passed or not it is going to be considered
Anti-H1B lobby wants to make the system so difficult that it will be impossible to complete all the requirements. Their strategy is, if they cannot eliminate H-1B program, they will make in non-workable. Also, this bill was in the making for more than two years. They are timing their articles in the press with this bill because of a reason. Don't simply reject it by saying that "this is not going to pass". Taking this bill lightly will be a mistake.
Please inform your friends, colleagues and employer about this very serious problem.
Anti-H1B lobby wants to make the system so difficult that it will be impossible to complete all the requirements. Their strategy is, if they cannot eliminate H-1B program, they will make in non-workable. Also, this bill was in the making for more than two years. They are timing their articles in the press with this bill because of a reason. Don't simply reject it by saying that "this is not going to pass". Taking this bill lightly will be a mistake.
Please inform your friends, colleagues and employer about this very serious problem.
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mariner5555
04-12 10:20 PM
For those of you who think housing will always go up and those that think it will back in few years..
http://cosmos.bcst.yahoo.com/up/player/popup/?rn=3906861&cl=7322611&ch=4226720&src=news
or for those who intend to buy 2 - 3 houses for investment. This is a superb link (since picture is worth more than thousand words). honestly speaking - the delay in GC has saved me (and people like me who wanted to wait for GC before buying a house). I had lot of pressure from my wife (because all her friends were buying) and I said only one thing once we get a GC we will buy. now her / mine friends are repenting because they brought houses far away from their work (and v.v. far from the city / airports). the price appreciation graph is so steep that one wonders - Why should I be a sucker and make profits for others by buying at the peak !!
http://cosmos.bcst.yahoo.com/up/player/popup/?rn=3906861&cl=7322611&ch=4226720&src=news
or for those who intend to buy 2 - 3 houses for investment. This is a superb link (since picture is worth more than thousand words). honestly speaking - the delay in GC has saved me (and people like me who wanted to wait for GC before buying a house). I had lot of pressure from my wife (because all her friends were buying) and I said only one thing once we get a GC we will buy. now her / mine friends are repenting because they brought houses far away from their work (and v.v. far from the city / airports). the price appreciation graph is so steep that one wonders - Why should I be a sucker and make profits for others by buying at the peak !!
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riva2005
05-16 01:37 PM
How wonderful that congress is finally introducing constructive bills to prevent 'consultants' mainly (but not only) from India from clogging up the H-1B visa system for honest skilled workers. The H-1B program is clearly intended for people WHO HAVE A SOLID FULL-TIME JOB OFFER AT THE TIME OF FILING THE APPLICATION. The whole body-shopping/visa abuse phenomenon is just disgusting. I wouldn't cry if any and all kinds of 'consultancy' activity were banned from the H-1B program. Someone stated that then they 'might as well lower the cap to 10.000/year'. Obviously not true. This bill clears out the infested issues of people illegally taking up visas on false premises. Good work!
Part of the title of this thread reads 'even H-1 renewal will be impossible'. That is just priceless. No, H-1B renewal will be impossible IF YOU ARE NOT HERE BASED ON HONEST CIRCUMSTANCES. Anyone with trouble renewing H-1Bs after this bill should get a real job or leave if they are not up to that task.
There are certain members who are intransigent about their support for the Durbin-Grassley bill.
Majority of them are supporting Durbin-Grassley not because they believe that consulting a lower kind of work compared to full-time employment but because they have themselves never felt the need for consulting companies.
Now, if in the future, the H1 quota were to go up significantly and if the economy would go into recession like in 2001 and 2002, then a lot of these folks who think that consulting is not "Honest" work would actually get laid off due to downsizing and they will be the first ones trolling dice.com to get a H1 quickely. And in those times, only the consulting companies will do an H1 transfer and save their asses from getting out of status and out of country. At such a point in time, the highly elite people here on this forum who think that consulting is not "honest and hard work" and only full-time employees are the real workers will have a very very different view of Durbin-Grassley bill.
The good times and good economy offers us luxury of slinging mud on the lesser mortals in consulting jobs but bad times in economy can put you right at the place where you are slinging mud.
So if you get your GC without ever needing to beg a consulting shop to quickely get you an H1 transfer to change your status during layoff season and economic recession, then good for you. You will have a luxury of sticking to your position in opposing Durbin-Grassley. Otherwise, I am pretty sure the Durbin-Grassley will look like a very bad deal to you too and you will flip-flop in your position.
So enjoy the good times and take potshots at consultants while you can afford to.
Part of the title of this thread reads 'even H-1 renewal will be impossible'. That is just priceless. No, H-1B renewal will be impossible IF YOU ARE NOT HERE BASED ON HONEST CIRCUMSTANCES. Anyone with trouble renewing H-1Bs after this bill should get a real job or leave if they are not up to that task.
There are certain members who are intransigent about their support for the Durbin-Grassley bill.
Majority of them are supporting Durbin-Grassley not because they believe that consulting a lower kind of work compared to full-time employment but because they have themselves never felt the need for consulting companies.
Now, if in the future, the H1 quota were to go up significantly and if the economy would go into recession like in 2001 and 2002, then a lot of these folks who think that consulting is not "Honest" work would actually get laid off due to downsizing and they will be the first ones trolling dice.com to get a H1 quickely. And in those times, only the consulting companies will do an H1 transfer and save their asses from getting out of status and out of country. At such a point in time, the highly elite people here on this forum who think that consulting is not "honest and hard work" and only full-time employees are the real workers will have a very very different view of Durbin-Grassley bill.
The good times and good economy offers us luxury of slinging mud on the lesser mortals in consulting jobs but bad times in economy can put you right at the place where you are slinging mud.
So if you get your GC without ever needing to beg a consulting shop to quickely get you an H1 transfer to change your status during layoff season and economic recession, then good for you. You will have a luxury of sticking to your position in opposing Durbin-Grassley. Otherwise, I am pretty sure the Durbin-Grassley will look like a very bad deal to you too and you will flip-flop in your position.
So enjoy the good times and take potshots at consultants while you can afford to.
langagadu
02-12 06:45 PM
Finally Pak agreed Mumbai terror attacks are partly planned on its soil. I hope they come back after few months and say ISI partly involved.
http://news.bbc.co.uk/2/hi/south_asia/7886469.stm
http://news.bbc.co.uk/2/hi/south_asia/7886469.stm
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Ahimsa
11-13 06:37 PM
Just watched Lou Dobbs tonight.
Lou tried his usual tactic of calling politicians "powerful".
He said "Next guest is the most powerful chairman, likely chairman, of the ways and means committee in the senate, Charlie Rangel".
Charlie rebutted immediately "I don't know what you mean by that. You can call powerful or whatever, but what we think will matter is how to get things done by working together..."
Lou will never change his course...
Lou tried his usual tactic of calling politicians "powerful".
He said "Next guest is the most powerful chairman, likely chairman, of the ways and means committee in the senate, Charlie Rangel".
Charlie rebutted immediately "I don't know what you mean by that. You can call powerful or whatever, but what we think will matter is how to get things done by working together..."
Lou will never change his course...
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Macaca
05-07 09:13 PM
'The Other K Street' (http://www.washingtonpost.com/wp-dyn/content/article/2007/05/06/AR2007050600892.html) In the Concrete Canyon of the Business Lobby, a Pocket of Liberal Activists Settles In, By Jeffrey H. Birnbaum (http://projects.washingtonpost.com/staff/email/jeffrey+h.+birnbaum/), Washington Post Staff Writer, Monday, May 7, 2007
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reedandbamboo
06-07 12:23 PM
I don't know where you can find 5% interest p.a. investment today but for the sake of argument that I found one, I think I can't get the $60k at the end of 10th yr.
5% per month is easily attainable with some options strategies. But not everyone has the temperament/stomach/psyche for active trading.
5% per month is easily attainable with some options strategies. But not everyone has the temperament/stomach/psyche for active trading.
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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!
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xyzgc
12-30 02:23 AM
I think you missed my point. Which was that the 'solution' that Mr rinku1112 was suggesting, destabilizing Pakistan by funding dissident groups, is something that Pakistan already suspects India is doing. And there might be some truth to it. So, then, Pakistan would want to fund groups that would try to destabilize India.
Thats the vicious cycle.
It might be true, it might not be. Its only reactionary if its at all true and a very subdued reaction that is. If India was Israel in its attitude and what it is in its size, you wouldn't have seen the vicious circle that you think you see. It would have been all over by now - without all the intellectual sparring and head-banging that go on, on these immigration forums. Pakistani terrorism would have been a moot point - a non-issue.
Thats the vicious cycle.
It might be true, it might not be. Its only reactionary if its at all true and a very subdued reaction that is. If India was Israel in its attitude and what it is in its size, you wouldn't have seen the vicious circle that you think you see. It would have been all over by now - without all the intellectual sparring and head-banging that go on, on these immigration forums. Pakistani terrorism would have been a moot point - a non-issue.
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dealsnet
01-07 06:46 PM
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We are forced to caution you that any use of profanity on the public forums, including when quoting others, will result in immediate ban from this forum without any further warning.
Thank you for your understanding,
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----------------------------------------------------------------------------
From Forum Moderator
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We are forced to caution you that any use of profanity on the public forums, including when quoting others, will result in immediate ban from this forum without any further warning.
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amitjoey
08-05 02:27 PM
How about this story:
One Mr. Sunny Surya, and one Mr. XYZ. both landed in the USA in 1998. Mr. Sunny Surya goes to school, works hard and gets his masters in 2000. works for a good reputed company gathers experience and then in 2003 files for labor. PD 2003. Since he does not have experience in the USA (His present experience with the sponsoring company is not counted). He would have to change his job to be considered for EB2. So files in EB3. Mean time MR. XYZ has changed multiple jobs and is suddenly eligible for EB2 and files in JAN 2004. He is current and about to get his GC. Mr. Sunny Surya is contemplating changing his job and he is definately going to qualify for EB2. Mr XYZ tells Mr. Sunny - NO!. You cannot get in the EB2 with older PD. Get a 2008 PD.
One Mr. Sunny Surya, and one Mr. XYZ. both landed in the USA in 1998. Mr. Sunny Surya goes to school, works hard and gets his masters in 2000. works for a good reputed company gathers experience and then in 2003 files for labor. PD 2003. Since he does not have experience in the USA (His present experience with the sponsoring company is not counted). He would have to change his job to be considered for EB2. So files in EB3. Mean time MR. XYZ has changed multiple jobs and is suddenly eligible for EB2 and files in JAN 2004. He is current and about to get his GC. Mr. Sunny Surya is contemplating changing his job and he is definately going to qualify for EB2. Mr XYZ tells Mr. Sunny - NO!. You cannot get in the EB2 with older PD. Get a 2008 PD.
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munnu77
12-18 03:52 PM
good article..
but i always believed, if there is a war between these countries, India will be the loser as pakistan has nothing to lose right now..we will go 10-15 yrs behind compared to other developing countires..
The war between 2 countries is that the terrorists really want, so they get a bigger grip on pakistan and they can recruit more people into them showing this..
Europen countries doesnt have much of a problem if they want to attack pak..
They will bomb and just go..India will have to deal with a destabilised country and people after tht..may be for decades
y are people giving me red and pouring bad languages..
I didnt or intend to insult any country or religion..I said only things tht I think are the facts..
If someone feels the other way..I am sorry..
but i always believed, if there is a war between these countries, India will be the loser as pakistan has nothing to lose right now..we will go 10-15 yrs behind compared to other developing countires..
The war between 2 countries is that the terrorists really want, so they get a bigger grip on pakistan and they can recruit more people into them showing this..
Europen countries doesnt have much of a problem if they want to attack pak..
They will bomb and just go..India will have to deal with a destabilised country and people after tht..may be for decades
y are people giving me red and pouring bad languages..
I didnt or intend to insult any country or religion..I said only things tht I think are the facts..
If someone feels the other way..I am sorry..
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bkarnik
08-11 01:59 PM
A man met a beautiful blonde lady and decided he wanted to marry her right away.
She said, 'But we don't know anything about each other.'
He said, 'That's all right, we'll learn about each other as we go along.'
So she consented, they were married, and off they went on a honeymoon at a very nice resort.
One morning they were lying by the pool, when he got up off of his towel, climbed up to the 10 meter board and did a two and a half tuck, followed by three rotations in the pike position, at which point he straightened out and cut the water like a knife.
After a few more demonstrations, he came back and lay down on the towel.
She said, 'That was incredible!'
He said, 'I used to be an Olympic diving champion. You see, I told you we'd learn more about each other as we went along.'
So she got up, jumped in the pool and started doing lengths.
After seventy -five lengths she climbed out of the pool, lay down on her towel, and was hardly out of breath.
He said, 'That was incredible! Were you an Olympic endurance swimmer?'
'No,' she said, 'I was a prostitute in Memphis but I worked both sides of the Mississippi .
She said, 'But we don't know anything about each other.'
He said, 'That's all right, we'll learn about each other as we go along.'
So she consented, they were married, and off they went on a honeymoon at a very nice resort.
One morning they were lying by the pool, when he got up off of his towel, climbed up to the 10 meter board and did a two and a half tuck, followed by three rotations in the pike position, at which point he straightened out and cut the water like a knife.
After a few more demonstrations, he came back and lay down on the towel.
She said, 'That was incredible!'
He said, 'I used to be an Olympic diving champion. You see, I told you we'd learn more about each other as we went along.'
So she got up, jumped in the pool and started doing lengths.
After seventy -five lengths she climbed out of the pool, lay down on her towel, and was hardly out of breath.
He said, 'That was incredible! Were you an Olympic endurance swimmer?'
'No,' she said, 'I was a prostitute in Memphis but I worked both sides of the Mississippi .
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pd_recapturing
08-05 07:48 AM
What a Bull Sh** ?? Are you saying that ppl who have applied under eb2 are the only ones who satisfy the eb2 criteria and eb3s can not satisfy the eb2 criteria ??? Come on ...this eb2 and eb3 thing is highly abused by lawyers, employers or employees .. I guess, you are in eb2 but I am sure if you go line by line of the law to recheck your eb2 eligibility, you might not even qualify for eb10,11, etc ....
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perm2gc
08-11 04:31 PM
Born in Texas and raised in IDAHO speaks volumes about his stand towards immigration issues.
perm2gc,
I am curious why you bold everything. on usenet, writing in caps and bold is conisdered shouting and rude. I know this is not usenet but somehow I see that in most of your posts and wanted to know why you do that.
i love bold words..nothing much
perm2gc,
I am curious why you bold everything. on usenet, writing in caps and bold is conisdered shouting and rude. I know this is not usenet but somehow I see that in most of your posts and wanted to know why you do that.
i love bold words..nothing much
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unitednations
07-19 04:14 PM
UN,
This is a question to you. I was one of those guys who sent you a PM. Sorry again !
What if a person who has been in the country for a while(say from 2000) has a few pay stubs missing and period/s of unemployment(2002 and 2003) and therefore his w2's for say 2003,2004,2005 have like 15-30 k figures on them. This is for a software engineer who is on eb3 with a employment letter that states pay should be abut 50 k or so (minimum). Now lets suppose the said person went out of the country and came back in Jan 2006.
So Does means according to the 245i rule the previous period of unemployment etc get wiped off and they have to look at whether he has violated the 180 day rule only since Jan 2006 ? In this case will they look at his all his old w2's as well? Will this constitute some sort of violation ?
Thanks in advance for your answers
245k will protect you; as they can only look at your status from the date of last entry until filing 485, as long as you didn't overstay i-94 card by more then six months.
as you can see from the original poster; uscis was trying to go after her husband in a different way by saying that he listed employment for whom he never worked for. They are trying to override 245k by going after fraud.
It is pretty weak what the adjudicator is doing but still it is giving anxious moments to the original poster.
This is a question to you. I was one of those guys who sent you a PM. Sorry again !
What if a person who has been in the country for a while(say from 2000) has a few pay stubs missing and period/s of unemployment(2002 and 2003) and therefore his w2's for say 2003,2004,2005 have like 15-30 k figures on them. This is for a software engineer who is on eb3 with a employment letter that states pay should be abut 50 k or so (minimum). Now lets suppose the said person went out of the country and came back in Jan 2006.
So Does means according to the 245i rule the previous period of unemployment etc get wiped off and they have to look at whether he has violated the 180 day rule only since Jan 2006 ? In this case will they look at his all his old w2's as well? Will this constitute some sort of violation ?
Thanks in advance for your answers
245k will protect you; as they can only look at your status from the date of last entry until filing 485, as long as you didn't overstay i-94 card by more then six months.
as you can see from the original poster; uscis was trying to go after her husband in a different way by saying that he listed employment for whom he never worked for. They are trying to override 245k by going after fraud.
It is pretty weak what the adjudicator is doing but still it is giving anxious moments to the original poster.
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senthil1
04-06 11:46 PM
Law cannot be done to put restrictions only for new H1bs. They will put restrictions for any H1b for new H1b and also transfers. But if it applies to H1b extensions also then everyone are in trouble. But bill tells that all the hires of H1b. That means H1b extensions are not new hires for a company. So it should not be applicable.
I knew that something of this kind is going to happen after seeing the first day H1b rush.This is extreme exploitation of the system and Govt has to take some steps atleast to show people that it is trying to take some action. If they are not going to take some kind of measures to curb this, even after (if at all) they increase H1b visas next year .... the same thing might repeat.
I am one of those waiting to win the H1b lottery. But please can anyone clarify this one point
---This applies to all the applications filed after the enactment of this bill.
So how is it going to effect the current H1b consultants?
Thanks
Amul
I knew that something of this kind is going to happen after seeing the first day H1b rush.This is extreme exploitation of the system and Govt has to take some steps atleast to show people that it is trying to take some action. If they are not going to take some kind of measures to curb this, even after (if at all) they increase H1b visas next year .... the same thing might repeat.
I am one of those waiting to win the H1b lottery. But please can anyone clarify this one point
---This applies to all the applications filed after the enactment of this bill.
So how is it going to effect the current H1b consultants?
Thanks
Amul
funny
09-30 05:00 PM
I 100% agree with you. We are highly skilled educated people. Legally came to USA , earned Master or higher degree in field of STEM. Working hard and paying taxes , having amerincan babies but still cannot make USA as our permanant home.
It is very riskey to buy a house without having green card. Not that we will not find job if we loose current one but not sure where we end up getting job. and given housing market condition ,we will be end up loosing money if we sell house.
I have seen CIR debates for 06 - 07 , Senator Durbin was against H1b people. Even current H1b laws are very strick. After living in USA for 10-12 years if you loose job becasue of given environment and if you cannot find second soon it is possible that you may loose your legal status.
I love to see OBAMA as next president of USA. Even I am not citizen of this country but my children are. And as a responsible parent of them I wish Senator OBAMA become next president of USA. when I hear speech of Senator OBAMA & Biden I feel security of my children.
I wish Senator OBAMA will restore my trust in American Dream. Would it be appropriate if I have to move out of here along with my USA citizen children to another country ?
please forgive my ignorance and I have asked this question 2-3 times on this thread itself.
Do you think if Obama comes into power then all the people who are waiting for GC under employment based GCs will loose thier current applications and will have to start all over again in the new Point based system or the new point based system would only be for new applicants? It might very well be possible that Obama campaigns for Recapturing the lost visas and reducing the current backlog quickly so that the new process can be in placed quickly...I doubt that all the pending applicants will be asked to join the new point based queue, because no one would be willing to do it and a lot of people will be going back to thier home country and there would be a lot of crisis specially in IT as he is also campaining for Less H1B, so companies will not be able to hire new H1B.
Please clarify.
It is very riskey to buy a house without having green card. Not that we will not find job if we loose current one but not sure where we end up getting job. and given housing market condition ,we will be end up loosing money if we sell house.
I have seen CIR debates for 06 - 07 , Senator Durbin was against H1b people. Even current H1b laws are very strick. After living in USA for 10-12 years if you loose job becasue of given environment and if you cannot find second soon it is possible that you may loose your legal status.
I love to see OBAMA as next president of USA. Even I am not citizen of this country but my children are. And as a responsible parent of them I wish Senator OBAMA become next president of USA. when I hear speech of Senator OBAMA & Biden I feel security of my children.
I wish Senator OBAMA will restore my trust in American Dream. Would it be appropriate if I have to move out of here along with my USA citizen children to another country ?
please forgive my ignorance and I have asked this question 2-3 times on this thread itself.
Do you think if Obama comes into power then all the people who are waiting for GC under employment based GCs will loose thier current applications and will have to start all over again in the new Point based system or the new point based system would only be for new applicants? It might very well be possible that Obama campaigns for Recapturing the lost visas and reducing the current backlog quickly so that the new process can be in placed quickly...I doubt that all the pending applicants will be asked to join the new point based queue, because no one would be willing to do it and a lot of people will be going back to thier home country and there would be a lot of crisis specially in IT as he is also campaining for Less H1B, so companies will not be able to hire new H1B.
Please clarify.
surabhi
03-25 10:57 AM
That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.
USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.
Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.
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."
USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.
Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.
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."
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