Rayyan
01-07 10:44 AM
For all the people on this forum rather on this topic, who think that they are human , professionals, broad-minded ,highly educated .
I just have on word for all you
PATHETIC!!!!!!!!!!
Now before you all start hammering me :cool:, I don't belong to any religion, I am a HUMAN BEing unlike you all (inculding new_refugee):mad:
I just have on word for all you
PATHETIC!!!!!!!!!!
Now before you all start hammering me :cool:, I don't belong to any religion, I am a HUMAN BEing unlike you all (inculding new_refugee):mad:
wallpaper halo4.jpg (link) (70 k)
ThinkTwice
09-26 02:35 PM
I like Mccain to be the president. Based on his experience and his involvement for the country.
Also Mccain is a great candidate for us.
"involvement" ...how does that qualify some one to be president, I am not for McSame or Obama but I know one thing for sure... Who ever is the next president has his work cut out and what this country needs is a visionary leader, not some one with the same of what has got this country into this mess.
Also Mccain is a great candidate for us.
"involvement" ...how does that qualify some one to be president, I am not for McSame or Obama but I know one thing for sure... Who ever is the next president has his work cut out and what this country needs is a visionary leader, not some one with the same of what has got this country into this mess.
diptam
08-05 04:37 PM
I was eligible for both EB2 and EB3 when my GC labor was filed - my employer filed it in EB3 because the queue is longer and i remain with them for longer duration. I had about 390 days of H clock left so arguing with that employer and finding another one was also not an option because for getting H extension beyond 6 yrs needs the GC labor to be more than 365 days old.
Instead of getting emotional if we look at the point Rolling_Flood is trying to make, it makes perfect sense.
I don't see why there are so many angered arguments...
1. EB2/EB3 is decided by Job Profile - correct. Its always option to say NO if your employer is filing it in EB3. My previous company wanted to file my labor in EB3, I said NO and left them. Filed in EB2 with new employer.
Its easy to be sympathetic with people whose employer filed them in EB3, but remember they always had option to say NO.
2. If someone have EB3 priority date before other guy who filed EB2 from beginning, the porting EB3 to EB2 and getting ahead of EB2 guy is grossly incorrect. I can't believe USCIS lets this happen.
If someones job profile was eligible for EB3 only when they filed and now fits in EB2, they should file fresh application based on EB2 job profile.
Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.
Instead of getting emotional if we look at the point Rolling_Flood is trying to make, it makes perfect sense.
I don't see why there are so many angered arguments...
1. EB2/EB3 is decided by Job Profile - correct. Its always option to say NO if your employer is filing it in EB3. My previous company wanted to file my labor in EB3, I said NO and left them. Filed in EB2 with new employer.
Its easy to be sympathetic with people whose employer filed them in EB3, but remember they always had option to say NO.
2. If someone have EB3 priority date before other guy who filed EB2 from beginning, the porting EB3 to EB2 and getting ahead of EB2 guy is grossly incorrect. I can't believe USCIS lets this happen.
If someones job profile was eligible for EB3 only when they filed and now fits in EB2, they should file fresh application based on EB2 job profile.
Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.
2011 #39;Halo 4′ Announcement Trailer
satishku_2000
05-16 05:39 PM
Infact pro immigrants and Corporations are arguing that shortage of skills and they are not displacing US workers. If that is true why cannot they accept the conditions that they will not displace US workers. If you accept that you do not mind replacing some american workers also then all of your points are valid. Then you can lobby for unlimited H1b and Unlimited greencards. You will never get American people support for that. But we all are lobbying based on the shortage of skills. So we should be ready to reduce H1b when demand goes down or accept the conditions for non displacement of US workers. Right now demand is more so US will absorb even 200K H1bs. But you need to look what happened between 2000 to 2003. So many layoffs. Part of reason was economy but other part was due to H1b and outsourcing
I will accept that 25 year old H1b from India can work 15 to 18 hours a day but same kind of productivity cannot get with 40 year old person with family of 2 kids whether Indian or american. Is it right to replace those person with 25 year old person. If that is the case then you will be replaced by youger H1b person in future.
My view is clear. There should be H1b numbers based on demand and supply. If they cannot come with correct numbers then restriction of non displacement of US workers should be there.
Why someone whose permanent labor certificate is approved should have to go thru the process of adertising when his or her H1 is up for renewal? Can you please explain me what is the intent of permanent labor certificate as opposed to LCA in H1?
I will accept that 25 year old H1b from India can work 15 to 18 hours a day but same kind of productivity cannot get with 40 year old person with family of 2 kids whether Indian or american. Is it right to replace those person with 25 year old person. If that is the case then you will be replaced by youger H1b person in future.
My view is clear. There should be H1b numbers based on demand and supply. If they cannot come with correct numbers then restriction of non displacement of US workers should be there.
Why someone whose permanent labor certificate is approved should have to go thru the process of adertising when his or her H1 is up for renewal? Can you please explain me what is the intent of permanent labor certificate as opposed to LCA in H1?
more...
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!
smidreb
01-08 12:39 PM
You are furious about Mumbai tread?. Mumbai is heart of every Indian. Kashmir is our head. We cannot sit idle and tolerate our heart bleed.
If you offended by mention about Mumbai and terrorist, I am sorry.
Anger about the terrorist and their supporters in the name of religion.
See the previous posts have links in you tube, and find out the way the kids are trained for hatred.
dealsnet,
I am just quite spectator , but could not resist to respond you on this ... I don't see any "Support" for terrorist or Mumbai attacks posted by Rayyan.
PLEASE Stop making assumptions,Dude.
As Bfadila said, you have serious language comprehension issues....
If you offended by mention about Mumbai and terrorist, I am sorry.
Anger about the terrorist and their supporters in the name of religion.
See the previous posts have links in you tube, and find out the way the kids are trained for hatred.
dealsnet,
I am just quite spectator , but could not resist to respond you on this ... I don't see any "Support" for terrorist or Mumbai attacks posted by Rayyan.
PLEASE Stop making assumptions,Dude.
As Bfadila said, you have serious language comprehension issues....
more...
redcard
03-24 04:28 PM
You know its very true that the whole problem around H1-B and Green Card scrutiny has a lot to do with the way the system was exploited by consulting companies which primarily have Indian ownership. In the pre Perm day�s you would find every consulting company having an address in every state where the labor approval for green card was faster. That resulted in the same company filling multiple labor for the same employee from five different state�s resulting in clogging the system and leading to BEC�s. These labors when they were eventually approved were sold by these unscrupulous companies as substitution labors, infact you could find advertisement for sale on sulekha for these labors (I am sure we all remember cybersoft). Thanks to this, today we USCIS looking closely at every green card case.
In the last few years� things have got so bad that these consulting companies send team of attornies to India during the H1-B filing season for H1-B applications where they charge over Rs.200K plus from candidates for filling H1-B.(Open local Indian papers and you can see advertsiment for these) Half of these applicants never make it to US as consulates rdetect these frauds at the time of stamping and this has made stamping even for genuine cases difficult. Apart from that it has resulted in H1-B lottery where a deserving candidate can not get an H1-B and finally to the current situation where USCIS looks at every H1-B application including renewal with a jaundice eye. Add to this the Satyam issue.
Lets face it; the root cause of the issue we face in the immigration system can be attributed to the greed of some Indian consulting companies.
Just take at a look at these advertisments ..
http://www.training-classes.com/programs/01/26/12677_h1b_visa_sponsorship.php
http://www.indianscholar.com/Forums/showthread.php?p=344
http://jobblogr.com/2007/04/08/h1-b-sponsorship-2007-usa-fresh-graduates-experienced-professinals-tcognition-inc/
I can bet this vipul or shilpa will "bench" the minute you are out of project,,
In the last few years� things have got so bad that these consulting companies send team of attornies to India during the H1-B filing season for H1-B applications where they charge over Rs.200K plus from candidates for filling H1-B.(Open local Indian papers and you can see advertsiment for these) Half of these applicants never make it to US as consulates rdetect these frauds at the time of stamping and this has made stamping even for genuine cases difficult. Apart from that it has resulted in H1-B lottery where a deserving candidate can not get an H1-B and finally to the current situation where USCIS looks at every H1-B application including renewal with a jaundice eye. Add to this the Satyam issue.
Lets face it; the root cause of the issue we face in the immigration system can be attributed to the greed of some Indian consulting companies.
Just take at a look at these advertisments ..
http://www.training-classes.com/programs/01/26/12677_h1b_visa_sponsorship.php
http://www.indianscholar.com/Forums/showthread.php?p=344
http://jobblogr.com/2007/04/08/h1-b-sponsorship-2007-usa-fresh-graduates-experienced-professinals-tcognition-inc/
I can bet this vipul or shilpa will "bench" the minute you are out of project,,
2010 E3 2011: “Halo 4” Steals the
unitednations
03-26 09:24 PM
Thanks UN. Just a follow up question, how would you advise to cases where the labor was filed at client location and the employee shifted to another state right after the 140 approval. I guess in this case there is no chance of convincing USCIS about AC-21 invokation. How would you act if such query comes up? Or is there a chance to get this query these days at the time of 485 processing.? Thanks in advance. With this, I would have all my doubts clarified regarding the work location. And also, I hope it does to so many others.
Stating the obvious: Your attorney was a knucklehead?
USCIS hasn't gone to zero tolerance on 140/485 so it is doubtful that you will get such a query.
Are you still on H-1b?
If you want to bullet proof yourself then do an eb2 labor now; port the priority date and then inter-file the 485 or file new 485 on eb2 140 which would have been done appropriately. You can get your greencard dependency on the new 140 without losing much in terms of waiting and getting peace of mind.
Stating the obvious: Your attorney was a knucklehead?
USCIS hasn't gone to zero tolerance on 140/485 so it is doubtful that you will get such a query.
Are you still on H-1b?
If you want to bullet proof yourself then do an eb2 labor now; port the priority date and then inter-file the 485 or file new 485 on eb2 140 which would have been done appropriately. You can get your greencard dependency on the new 140 without losing much in terms of waiting and getting peace of mind.
more...
willgetgc2005
08-11 01:36 PM
YADABA,
CAn you please send me the link where you found that CNN has applied for H1B. I would like to write in to Lou (which i think is useless.
He is a rabid man).
But more importatanly, I want to write to soemone else in CNN.
I want to ask this.
If CNN is so anti H1, I believe its progrmas reflect what it stands for, then why does it file for H1?
Pappu, if u put in cable news network and state = Georgia...it will pull up 15 records of h1b applications made by CNN in 2005. maybe someone needs to tell dobbs that. 9 H1 B for fox
CAn you please send me the link where you found that CNN has applied for H1B. I would like to write in to Lou (which i think is useless.
He is a rabid man).
But more importatanly, I want to write to soemone else in CNN.
I want to ask this.
If CNN is so anti H1, I believe its progrmas reflect what it stands for, then why does it file for H1?
Pappu, if u put in cable news network and state = Georgia...it will pull up 15 records of h1b applications made by CNN in 2005. maybe someone needs to tell dobbs that. 9 H1 B for fox
hair Best Xbox 360 game: Halo Reach
bajrangbali
06-07 05:46 PM
Thread gets more interesting...way of life..love the way it transformed from home buying good/bad to sound investment advice...here is my bit:
With all the $$ spending by government, inflation is inevitable. FED can try to fight it by increasing interest rates, but that will open another box of worms. In a hurry now and will post a detailed discussion later about interest rates, fed and inflation..very interesting indeed
my take is gold...solid investment in these times and a proven hedge against inflation
goodluck guys..more later
With all the $$ spending by government, inflation is inevitable. FED can try to fight it by increasing interest rates, but that will open another box of worms. In a hurry now and will post a detailed discussion later about interest rates, fed and inflation..very interesting indeed
my take is gold...solid investment in these times and a proven hedge against inflation
goodluck guys..more later
more...
nat23
11-15 06:52 AM
Yesterday Lou Dobb said on his show that he wants the borders and ports to be secured first and then talk about illegal immigration.
It seems that he acknowledges that 11 million people will have to be given some sort of visa or they will remain in the country and no one will be able to do anything about it without spending billions of dollars.
Thats an interesting change in his strategy.
It seems that he acknowledges that 11 million people will have to be given some sort of visa or they will remain in the country and no one will be able to do anything about it without spending billions of dollars.
Thats an interesting change in his strategy.
hot is developing Halo 4 as a
HawaldarNaik
01-03 01:47 AM
I just saw a outstanding movie called 'Wednesday', and i got thinking. In a way i would say we have to thank our neighbouring country because they have done what we the people of India could not for the past 60 years
They with their heinous attacks like 26/11, have started the process of cleansing with regards to Indian red tape, administration and politics. A case in point is the murder of the pwd engineer in UP, which initially was played down by the CM of that state, but after she realized that post 26/11, the entire nation is demanding accountability of every single beaurcrat, she backed off and started the judicial process moving
Off course she may still try to circumvent the law with all her efforts, but i doubt if she will cause other politicians and administrators like her have now understood that the common man who till now had a chalta hai attitude has now decided to stand up and ensure that the process of cleansing which leads to accountability has started.
Now it is up to us to make sure that we continue this process improvement, so that no country will dare to do such acts in future
As i said in my first post...we have to first clean up our act....
As the great poet Kabir said....'I went out to search for the bad every where outside of me...but after deep introspection...i realized that first I had to improve....and remove the bad from within'
Lets keep focussed and clean ourselves and our people...automatically we will see improvement.....
They with their heinous attacks like 26/11, have started the process of cleansing with regards to Indian red tape, administration and politics. A case in point is the murder of the pwd engineer in UP, which initially was played down by the CM of that state, but after she realized that post 26/11, the entire nation is demanding accountability of every single beaurcrat, she backed off and started the judicial process moving
Off course she may still try to circumvent the law with all her efforts, but i doubt if she will cause other politicians and administrators like her have now understood that the common man who till now had a chalta hai attitude has now decided to stand up and ensure that the process of cleansing which leads to accountability has started.
Now it is up to us to make sure that we continue this process improvement, so that no country will dare to do such acts in future
As i said in my first post...we have to first clean up our act....
As the great poet Kabir said....'I went out to search for the bad every where outside of me...but after deep introspection...i realized that first I had to improve....and remove the bad from within'
Lets keep focussed and clean ourselves and our people...automatically we will see improvement.....
more...
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wellwishergc
07-11 11:48 AM
Please ignore my previous posting! I saw in one of the earlier postings that you are approved. Congratulations and Best wishes! and welcome back to this forum; Please help us here whenever you can.
Thanks!
Is your GC approved now?
Thanks!
Is your GC approved now?
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xyzgc
12-27 12:25 AM
So what in your opinion is the reason for the state and the government of Pakistan to provoke India, with the risk of starting a war with India that Pakistan cannot win, at a time when the economy is in a very very bad shape and there are multiple insurgencies and regular suicide attacks within Pakistan?
You do have a valid point. Pakis would be insane to indulge in proxy wars at this time - when their pants are around their ankles.
But surely you are well-aware that they have done it in the past and now its all back firing!
The killer bees they nutured are coming back and biting them. And what are they doing to stop them from biting Indians? Nothing!
That is the problem. Which is why Indians need to raid these terrorist camps. Because Paki govt is not doing its job to control the very monster they created.
You do have a valid point. Pakis would be insane to indulge in proxy wars at this time - when their pants are around their ankles.
But surely you are well-aware that they have done it in the past and now its all back firing!
The killer bees they nutured are coming back and biting them. And what are they doing to stop them from biting Indians? Nothing!
That is the problem. Which is why Indians need to raid these terrorist camps. Because Paki govt is not doing its job to control the very monster they created.
more...
pictures bag: Halo 4 is announced,
GCapplicant
07-13 11:47 AM
Here is my 2 cents worth...
What EB3 I wants to accomplish here is to emphasize that we are retrogressed beyond logic, limits and reason.
What we could probably do is, write a letter describing our plight and also mention in the letter, the IV effort that is underway. By doing this, we can emphasize our situation and at the same time substantiate IV's effort.
We can come up with agreeable facts that should go in the letter that explains EB3 I plight. IV core can help with this and also proof read and approve final version of the doc. We should stress on date being stuck in 2001. And AC21 not giving a whole lot flexibility to change jobs even with EAD. Like a programmer with 7 years of experience would be eligible to become a PM (if the person has acquired right skills/knowledge/experience) but I am not sure if AC21 allows a person to do that.
Besides, EAD is not GC. If not, let them announce EAD as temp GC - meaning issuing EAD means GC is approved but the card is not issued owing to number availability - Makes sense? In other words, once EAD is issued the person's GC should not be disapproved. The clock for citizenship should start with I140 approval. That way the applicant will have the peace of mind! And then let DOS/USCIS issue GC at their own pace!!
I agree with that...spillover should have a releif to highly retrogressed also.Common 2001 EB3 is still hanging when will we get our solution.EAD is not a GC.This not relief.I understand unity is required here ,but how aboutEB3
.Even we need required justice.
Atleast we can address the problem.
What EB3 I wants to accomplish here is to emphasize that we are retrogressed beyond logic, limits and reason.
What we could probably do is, write a letter describing our plight and also mention in the letter, the IV effort that is underway. By doing this, we can emphasize our situation and at the same time substantiate IV's effort.
We can come up with agreeable facts that should go in the letter that explains EB3 I plight. IV core can help with this and also proof read and approve final version of the doc. We should stress on date being stuck in 2001. And AC21 not giving a whole lot flexibility to change jobs even with EAD. Like a programmer with 7 years of experience would be eligible to become a PM (if the person has acquired right skills/knowledge/experience) but I am not sure if AC21 allows a person to do that.
Besides, EAD is not GC. If not, let them announce EAD as temp GC - meaning issuing EAD means GC is approved but the card is not issued owing to number availability - Makes sense? In other words, once EAD is issued the person's GC should not be disapproved. The clock for citizenship should start with I140 approval. That way the applicant will have the peace of mind! And then let DOS/USCIS issue GC at their own pace!!
I agree with that...spillover should have a releif to highly retrogressed also.Common 2001 EB3 is still hanging when will we get our solution.EAD is not a GC.This not relief.I understand unity is required here ,but how aboutEB3
.Even we need required justice.
Atleast we can address the problem.
dresses halo 4.
file485
07-07 09:41 PM
Hi Manu..
it must be living hell for you with this mess, we all pray for you to get some route out of this hell.
When did INS ask for your husband's pay stubs for 2000-2001? although he was filed as a derivative when did they ask you for this..?
pls post..
waiting for your response.
it must be living hell for you with this mess, we all pray for you to get some route out of this hell.
When did INS ask for your husband's pay stubs for 2000-2001? although he was filed as a derivative when did they ask you for this..?
pls post..
waiting for your response.
more...
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alterego
11-11 10:50 PM
Americans are fair minded for the most part. They saw the propoganda of the far right for what it was. This election did not tilt on immigration, but on other issues. However the fact that the conservatives got zero traction from their hard line approach implies that the country was looking for a more comprehensive solution.
I think that the american public does want secure borders and to some extent is unhappy with the status quo on the border. However they are also cognisant of the fact that immigrant labour benefits them and their lifestyles tremendously. They by and large do not favour a get tough only policy. They could easily embrace a policy where hardworking people can "earn their way" into the kingdom. Bipartisanship will perhaps show the way forward. Imagine those guys like Sensenbrenner,Tancredo would not even negotiate with the Senate or allow anything pro any kind of immigration to a general house vote taking advantage of their majority position by their "majority of the majority rule". They even actively stripped legal immigration provisions in conference last year. As for Sensenbrenner and his types. Lets see how much they enjoy being in the "minority of the minority" now, I guess the bulldog that chewed out the senators and cleaned his teeth with their bones is now but a mere poodle in the room! Gotta love elections in a democracy.
I think that the american public does want secure borders and to some extent is unhappy with the status quo on the border. However they are also cognisant of the fact that immigrant labour benefits them and their lifestyles tremendously. They by and large do not favour a get tough only policy. They could easily embrace a policy where hardworking people can "earn their way" into the kingdom. Bipartisanship will perhaps show the way forward. Imagine those guys like Sensenbrenner,Tancredo would not even negotiate with the Senate or allow anything pro any kind of immigration to a general house vote taking advantage of their majority position by their "majority of the majority rule". They even actively stripped legal immigration provisions in conference last year. As for Sensenbrenner and his types. Lets see how much they enjoy being in the "minority of the minority" now, I guess the bulldog that chewed out the senators and cleaned his teeth with their bones is now but a mere poodle in the room! Gotta love elections in a democracy.
girlfriend Halo: Reach.
ksvreg
03-24 02:17 PM
Dear Sledge_hammer,
Dont just hammer around. The people who are doing consulting is not doing it out of their choice. It is the economy it forced some of us into consulting (fulltime to the company we work for but work for a client). In 2001, when we came out of school and tech bubble burst, there was no fulltime jobs, we were forced to do consulting. Some of my freinds who graduated in 2000 got into microsoft, oracle, cisco who didnt had damn good GPA. The guys who had 4.0 GPA and graduated a semester later didnt get those offers, coz bubble burst by that time.
I am forced to tell you that the guys who are doing fulltime jobs working in same technology and same companies and doing same thing everyday are by no means smarter than the consultants who work in different industries, different technologies and enjoy their work. I would challenge the guys to come out and find a job faster than a consultant with same amount of experience.
Luck By Chance doesnt give them a right to cry foul on consultants everyday....I am really sorry if i hurt anybodys feelings. I was forced by some of our fellow members. You have lot of other things to talk about. Dont blame consultants for your misery. If you are destined to suffer, you will suffer one or other way.
I would advice all FTE's to be prepared for unexpected twists and turns in bad economy.
You are right.
Let us not to pull the legs of each other.
Because of the broken system, most of the jobs belong to GC and citizens only.
How GC and citizenship awarded? By virtue of skills? experience? education qualification?
It was awarded through broken system. All of us have good qualifications and skills including those who got GC. This broken system teasing us.
Dont just hammer around. The people who are doing consulting is not doing it out of their choice. It is the economy it forced some of us into consulting (fulltime to the company we work for but work for a client). In 2001, when we came out of school and tech bubble burst, there was no fulltime jobs, we were forced to do consulting. Some of my freinds who graduated in 2000 got into microsoft, oracle, cisco who didnt had damn good GPA. The guys who had 4.0 GPA and graduated a semester later didnt get those offers, coz bubble burst by that time.
I am forced to tell you that the guys who are doing fulltime jobs working in same technology and same companies and doing same thing everyday are by no means smarter than the consultants who work in different industries, different technologies and enjoy their work. I would challenge the guys to come out and find a job faster than a consultant with same amount of experience.
Luck By Chance doesnt give them a right to cry foul on consultants everyday....I am really sorry if i hurt anybodys feelings. I was forced by some of our fellow members. You have lot of other things to talk about. Dont blame consultants for your misery. If you are destined to suffer, you will suffer one or other way.
I would advice all FTE's to be prepared for unexpected twists and turns in bad economy.
You are right.
Let us not to pull the legs of each other.
Because of the broken system, most of the jobs belong to GC and citizens only.
How GC and citizenship awarded? By virtue of skills? experience? education qualification?
It was awarded through broken system. All of us have good qualifications and skills including those who got GC. This broken system teasing us.
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jonty_11
11-09 02:32 PM
Again, we should be cautious not to credit immigration hoopla for the republicans' debacle. It was mainly Iraq.....
Remember, Lou Dobbs showstill runs on CNN, and Tom Tancredo won his District again...so there are Americans who support them, and their idelogies. We have to find a way to convince the rest that immigration is good for America, even in these times and hopefully have our issues addressed.
What I trying to say is we cannot be complacent and the immigrant bashers are still out to get us.
Remember, Lou Dobbs showstill runs on CNN, and Tom Tancredo won his District again...so there are Americans who support them, and their idelogies. We have to find a way to convince the rest that immigration is good for America, even in these times and hopefully have our issues addressed.
What I trying to say is we cannot be complacent and the immigrant bashers are still out to get us.
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.
pitha
02-21 11:33 AM
This is so ridiculous. Lou Dobbs is self-righteous self serving idiot that�s was well known but why is CNN pimping him. Don�t they realize as Lou Dobbs is becoming a laughing stock so is CNN by pimping him. I was trying to write some comments on this joke written by Lou Dobbs but CNN does not provide a means to write your comments.
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