Refugee_New
01-06 01:00 PM
I agree with you in principle..
but then again several thread of same sort have been running for weeks with mostly flaming content while being blessed by admins and senior members.. what makes one conflict employment related and another not much so?
If this forum is strictly for immigration, then we wouldn't have allowed members to discuss anything other than immigration.
But IV allowed its members to discuss, degrade, humiliate muslims and Islam. Why didn't they stop it then?
but then again several thread of same sort have been running for weeks with mostly flaming content while being blessed by admins and senior members.. what makes one conflict employment related and another not much so?
If this forum is strictly for immigration, then we wouldn't have allowed members to discuss anything other than immigration.
But IV allowed its members to discuss, degrade, humiliate muslims and Islam. Why didn't they stop it then?
wallpaper common grackle photo.
Ramba
08-05 01:50 PM
Oh my gosh..This much argument. I do not know the PD porting is law or rule. If it is law, one can not file suit against the amended law. But one can request the law maker to change. If it is a rule, one may do that. But it does not have any merit. It is waste of time.
PD porting, in theory, is very genuine. (may be not-genuine in many cases; just to cut-short the line or line jump by creating a EB2 job) So, one cannot challagne that. Here is why. A cook may have a PD 2001 in EB3. He has right to study PhD and apply in EB1 catagory, by poring PD. There is no violation of ehics here.
PD porting, in theory, is very genuine. (may be not-genuine in many cases; just to cut-short the line or line jump by creating a EB2 job) So, one cannot challagne that. Here is why. A cook may have a PD 2001 in EB3. He has right to study PhD and apply in EB1 catagory, by poring PD. There is no violation of ehics here.
nojoke
04-14 01:46 AM
i can not speak for everybody but
i bought in east coast in 2004 for $330K. it peaked to $425K in 2006 and now it is somewhere $350K. it may go even go down to $300K
I will break even if i stay for another 3 years. (total 7 years)
If renting then : 110K in rent with no benefits for 7 years.
Good Side:
- Tax benefits with dual income. ( proabably $300 per month)
- Bigger house
Bad Side:
Maintenance
IF i have to sell now then will be loss for me for sure so key is location and how long u stay.
Why is tax benefits such an issue:confused:. It is after all tax on interest, not on the principle. It declines every year and probably worth nothing in 10 years? For every 100K you borrow you are charged an interest of 100K for a typical loan. Rents are cheap compared to the owning a home. This is why home prices are falling. Until they reach equilibrium, housing will continue to fall. Assuming the difference is 1000$, if you rent for 7 years you will be saving 80K(approximately)- which means you pay a bigger downpayment and hence saving 80K in interest.
All these calculations are done assuming that the home price stays flat. If it falls, you gain additionally by how much if falls. Plus there is insurance, property tax.
i bought in east coast in 2004 for $330K. it peaked to $425K in 2006 and now it is somewhere $350K. it may go even go down to $300K
I will break even if i stay for another 3 years. (total 7 years)
If renting then : 110K in rent with no benefits for 7 years.
Good Side:
- Tax benefits with dual income. ( proabably $300 per month)
- Bigger house
Bad Side:
Maintenance
IF i have to sell now then will be loss for me for sure so key is location and how long u stay.
Why is tax benefits such an issue:confused:. It is after all tax on interest, not on the principle. It declines every year and probably worth nothing in 10 years? For every 100K you borrow you are charged an interest of 100K for a typical loan. Rents are cheap compared to the owning a home. This is why home prices are falling. Until they reach equilibrium, housing will continue to fall. Assuming the difference is 1000$, if you rent for 7 years you will be saving 80K(approximately)- which means you pay a bigger downpayment and hence saving 80K in interest.
All these calculations are done assuming that the home price stays flat. If it falls, you gain additionally by how much if falls. Plus there is insurance, property tax.
2011 lines, keeping up a lould
/slides/Common%2520Grackle.jpg "Common Grackle")
dealsnet
01-07 05:16 PM
All communists (left) people cannot digest happenings in the new world. Communism & its extremists are a cancer in the last century, by God's grace is over. Now Islamic terrorists are the new avatar. Their fate will be same as communists. This guy get money to write article and book for them,
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.
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.
more...
redgreen
12-17 02:41 PM
What is there in his remarks to be so 'terrorised' about? Where is 'Muslimism' here?
I hope as far as there are people like you and some others who commented as if 'Muslim means Terrorist' (but you won't tell that directly), there will be more terrorists; and it is quite understandable.
This is exactly I hate. To divert focus of terrorism to Hindu group, Muslim leader comes out - WOW!
Sounds like LeT informed Hindu group in advance that they are going to attack so as a by-product they can kill Karkare. Ha ha ha.
Times Of India Headline: Antulay raises doubts over Karkare's killing
I hope as far as there are people like you and some others who commented as if 'Muslim means Terrorist' (but you won't tell that directly), there will be more terrorists; and it is quite understandable.
This is exactly I hate. To divert focus of terrorism to Hindu group, Muslim leader comes out - WOW!
Sounds like LeT informed Hindu group in advance that they are going to attack so as a by-product they can kill Karkare. Ha ha ha.
Times Of India Headline: Antulay raises doubts over Karkare's killing
nojoke
06-23 03:38 PM
Here is one calculation that might give you one more reason to buy...
This is taking into consideration bay area good school district ....
say you are currently in a 2 bedroom paying around $1900 rent (say cupertino school district)
you buy a townhome for around $500k putting down 20%
so loan amount is 400k
@ 5% instrest your annual intrest is $ 20k.
Say 3k HOA anually...
Property tax....as a rule of thumb, I believe (and have heard from others) whatever poperty tax you pay comes back as your mortgage intrest and property tax is deductable.
So not taking property tax into account....your annual expense is 23k.
now here is the nice part....
you get 8k (or is it 7.5k ?) from FED for buying a house (first time buyer)
If you get a real estate agent who is ready to give you 50% back on the comission you can get back around 7.5k (assuming the agent gets 3% comission)...I know those kind of agent exist for sure !!
There is something I have heard about CA also giving you 10k for buying new homes...but I am not sure of this so will leave it out of the calculations...
so total amount u get back....8k+ 7.5k = 15k approx..
1st year expense = 23k
1st year actual expense = 23-15 = 8 k
which mean monthly rent = 8k/12 = $666 per month (it is like paying $666 rent for a 2 bedroom in cupertino school district)
Will the property value go up ? I do not know (I wish I knew)...
Is there a risk ? I would think yes....
Percentage of risk ? I would think keeping in mind current prices the risk is low...
I am not telling that you should buy or not buy....just provided one piece of the calculation....-;)
All the best !
All these calculations don't play out if the house price keeps dropping. It has gone down in value for the last couple of years. It will go down more until housing is affordable. Right now a million $ for a 3 bedroom in bay area is too much. It has to go down a lot and it will go down. So the question is not about rent vs owning cost. It is a question of how severe the housing price crash is going to be. One can convince themselves playing with numbers. But the fact is that the Alt-A loans are going to get hit in another year and all those shadow inventory that banks are hiding will be forced into the market eventually. By then these rent vs mortgage numbers would mean so little...
This is taking into consideration bay area good school district ....
say you are currently in a 2 bedroom paying around $1900 rent (say cupertino school district)
you buy a townhome for around $500k putting down 20%
so loan amount is 400k
@ 5% instrest your annual intrest is $ 20k.
Say 3k HOA anually...
Property tax....as a rule of thumb, I believe (and have heard from others) whatever poperty tax you pay comes back as your mortgage intrest and property tax is deductable.
So not taking property tax into account....your annual expense is 23k.
now here is the nice part....
you get 8k (or is it 7.5k ?) from FED for buying a house (first time buyer)
If you get a real estate agent who is ready to give you 50% back on the comission you can get back around 7.5k (assuming the agent gets 3% comission)...I know those kind of agent exist for sure !!
There is something I have heard about CA also giving you 10k for buying new homes...but I am not sure of this so will leave it out of the calculations...
so total amount u get back....8k+ 7.5k = 15k approx..
1st year expense = 23k
1st year actual expense = 23-15 = 8 k
which mean monthly rent = 8k/12 = $666 per month (it is like paying $666 rent for a 2 bedroom in cupertino school district)
Will the property value go up ? I do not know (I wish I knew)...
Is there a risk ? I would think yes....
Percentage of risk ? I would think keeping in mind current prices the risk is low...
I am not telling that you should buy or not buy....just provided one piece of the calculation....-;)
All the best !
All these calculations don't play out if the house price keeps dropping. It has gone down in value for the last couple of years. It will go down more until housing is affordable. Right now a million $ for a 3 bedroom in bay area is too much. It has to go down a lot and it will go down. So the question is not about rent vs owning cost. It is a question of how severe the housing price crash is going to be. One can convince themselves playing with numbers. But the fact is that the Alt-A loans are going to get hit in another year and all those shadow inventory that banks are hiding will be forced into the market eventually. By then these rent vs mortgage numbers would mean so little...
more...
sk2006
06-06 03:44 PM
why are all the non-GC-holder desis even debating owning a home?!!
is that not, like, the most laughable, stupid thing to do?
what the fu$k!! you dont have a GC, you dont have any job security, you dont have any unemployment/social security, you blow your savings on a house, stocks and houses will take about 4 solid years to get back to where they were (if ever), this country's economy is tanking, there is no love for legal immigrants, we are still only in the middle of this recession (depression?).................aah, what the hell.........
go buy your american dream you stupid desis...........you get what you deserve.
Truth: Harshly put.
In the words of the famous Indian poet Mirza Ghalib:->
"Mar chuk kahin ki tu Gham-e-Hizran se chhoot Jaye,
Kahte to hain bhale ki wo lekin buri tarah"
Translation:
"Kill yourself and you will get rid of your miseries! Well, what is said is for my good but the way it is said is very bad".
is that not, like, the most laughable, stupid thing to do?
what the fu$k!! you dont have a GC, you dont have any job security, you dont have any unemployment/social security, you blow your savings on a house, stocks and houses will take about 4 solid years to get back to where they were (if ever), this country's economy is tanking, there is no love for legal immigrants, we are still only in the middle of this recession (depression?).................aah, what the hell.........
go buy your american dream you stupid desis...........you get what you deserve.
Truth: Harshly put.
In the words of the famous Indian poet Mirza Ghalib:->
"Mar chuk kahin ki tu Gham-e-Hizran se chhoot Jaye,
Kahte to hain bhale ki wo lekin buri tarah"
Translation:
"Kill yourself and you will get rid of your miseries! Well, what is said is for my good but the way it is said is very bad".
2010 Common Grackle (m)
texcan
08-05 01:13 PM
I only read a few posts, but seems like there a lot of moral blasting and blame game going on.
I am in favor of fair practices, and on that principle everyone has right to speak their mind; irrespective of outcome of this thread, why is everyone fighting with each other ? We are here because of some common cause, and even though we have a common cause, all causes are not common.
I agree with you Rolling_Flood, this porting option can and actually has created trouble for many people who did not have a way to port priority dates. This is same issuse as "Labor substitution", I am glad labor substitution has been put to rest.
Rolling_flood, donot get annoyed or angry because of some comments ( everyone has a right to speak as you do). remember the saying " if you have a few enemies; that means you stood up for something some day".
Folks,
Please donot kill each other ...let people speak, this is least we can do for each other.
We are together for a reason, and we are using all reasons we can to fight with each other because we are together..right.
Please let people speak their thoughts and minds. donot start blame game (mine is bigger than yours)
Our focus should be on purpose and not get frustrated by process.
I am in favor of fair practices, and on that principle everyone has right to speak their mind; irrespective of outcome of this thread, why is everyone fighting with each other ? We are here because of some common cause, and even though we have a common cause, all causes are not common.
I agree with you Rolling_Flood, this porting option can and actually has created trouble for many people who did not have a way to port priority dates. This is same issuse as "Labor substitution", I am glad labor substitution has been put to rest.
Rolling_flood, donot get annoyed or angry because of some comments ( everyone has a right to speak as you do). remember the saying " if you have a few enemies; that means you stood up for something some day".
Folks,
Please donot kill each other ...let people speak, this is least we can do for each other.
We are together for a reason, and we are using all reasons we can to fight with each other because we are together..right.
Please let people speak their thoughts and minds. donot start blame game (mine is bigger than yours)
Our focus should be on purpose and not get frustrated by process.
more...
RNGC
10-01 06:33 PM
I am the only employee working for my H1 sponsoring company for past 9 years! I always worked for huge clients and everyplace I worked, I was offered a full time job, but my immigration status prevented from taking those offers. My H1 sponsoring company have been benefitting all these years because of the broken legal immigration system and I am just working as hard as I can but someone else (my H1 sponsoring company) benefits from that.
We may need to hold another massive rally in DC to highlight our cause.
We may need to hold another massive rally in DC to highlight our cause.
hair Common Grackle
Macaca
12-29 07:32 PM
Commercial Venture
Turning SKS into a commercial venture allowed the firm to tap an unlimited pool of funds from private investors. That, in turn, let the company grow and reduce rates, Akula says.
�Interest rates have come down over time,� he says. �Because it works, she comes back year after year,� he says of his customers.
His autobiography, �A Fistful of Rice� (Harvard Business Review Press, 2010), provides a glimpse of the expansion drive.
Akula, a former McKinsey & Co. consultant, studied McDonald�s Corp. and Burger King Holdings Inc. in 2005 to learn about their speedy training of unskilled workers. He devised a two-month course to train as many as 1,000 new loan officers a month.
�I now had one goal for SKS; to grow, grow, grow as fast as we could,� he writes. �We could practice microfinance in a way that would serve more poor people than anyone had ever thought possible.�
Akula says the commercial model of microfinance isn�t the only way.
Returning to �Roots�
�It�s an important complement to other forms of finance,� he says. New microfinance companies don�t spend time to build trust, Akula says. �As an industry, we need to go back to our roots,� he says.
The Reserve Bank is scheduled to report on the industry in January. The finance ministry is planning new rules.
Sequoia Capital�s Chadha says he�s concerned about �regulatory uncertainty� created by the state ordinance and prefers federal regulation. Nationwide rules would prevent individual states from damaging credit discipline by waiving loans, Microfinance Institutions� Prasad says.
�It is no different than needing good regulation for stock investing or starting a manufacturing facility,� SKS investor Khosla says.
�People, Not Profit�
From Yunus�s perspective, it�s essential that the industry move away from seeking maximum profits and get back to focusing on the poor.
�If not, you are not helping poor people�s lives,� he says. �You are not patient. You are not restrained. You don�t have empathy for the people. You are just using them to make money. That�s what blinds you when you are in the profit-making world. We need to see the people, not profit.�
Any such changes would be too late for Atthili Padma and Shivalingam, a young couple in Andhra Pradesh�s cotton-farming village of Chennampalli.
Padma, a 22-year-old mother of two, walked out of her house on Oct. 7 with her 18-month-old son and 4-year-old daughter, according to Maruthi Prasad, a superintendent at the police station in Shankarampet.
Padma�s Death
Instead of heading to her parents� house as she often did, she walked 2 kilometers in the opposite direction. She came to an old Hindu temple where villagers worship Lord Shiva, the god of destruction. Padma continued until she stood in front of a well once used to irrigate crops, her father-in-law, Pochaiah, says. There, with no one to dissuade her, she jumped into the well with her children.
The day before she died, Padma had visited her parents after arguing with her husband over loans they couldn�t repay, according to Mangamma, the couple�s neighbor.
Their marriage five years ago was arranged by their parents and the couple had become close and hadn�t fought before that day, Mangamma says. The loans totaled 20,000 rupees, Pochaiah says.
Padma�s death is recorded as a microfinance-related suicide in the list by the Society for Elimination of Rural Poverty.
�Sad Day for Microfinance�
Police arrested Padma�s husband, Shivalingam, on Oct. 13 for allegedly abetting Padma�s suicide. They also alleged that he�d harassed her to provide money to marry him, which is illegal in India, according to Narayana, a constable at the Shankarampet police station.
Police made two further arrests on Nov. 8: Share Microfin managers Sriram Raghavender, 27, and Polapalli Kumaraswami, 22, also for allegedly abetting the suicide, according to superintendent Prasad. The two managers and Shivalingam have been released on bail and are awaiting a court hearing, Prasad says.
Advocates and investors such as Khosla say microfinance -- when it works correctly -- is the best way to give the rural poor a shot at better lives.
The tragedies in India present the worst possible outcome, says Cashpor�s Gibbons, whose Nov. 15 speech opened a morning session of the annual Microfinance India Summit in New Delhi.
�This is a sad day for microfinance,� said Gibbons, who has promoted the movement for the past two decades.
�Often people asked me, �What are you doing here?�� he told the audience. �I�ve been always proud to say, �I�m doing microfinance.� Now, when people ask, I feel embarrassed. I feel like hiding somewhere.�
Turning SKS into a commercial venture allowed the firm to tap an unlimited pool of funds from private investors. That, in turn, let the company grow and reduce rates, Akula says.
�Interest rates have come down over time,� he says. �Because it works, she comes back year after year,� he says of his customers.
His autobiography, �A Fistful of Rice� (Harvard Business Review Press, 2010), provides a glimpse of the expansion drive.
Akula, a former McKinsey & Co. consultant, studied McDonald�s Corp. and Burger King Holdings Inc. in 2005 to learn about their speedy training of unskilled workers. He devised a two-month course to train as many as 1,000 new loan officers a month.
�I now had one goal for SKS; to grow, grow, grow as fast as we could,� he writes. �We could practice microfinance in a way that would serve more poor people than anyone had ever thought possible.�
Akula says the commercial model of microfinance isn�t the only way.
Returning to �Roots�
�It�s an important complement to other forms of finance,� he says. New microfinance companies don�t spend time to build trust, Akula says. �As an industry, we need to go back to our roots,� he says.
The Reserve Bank is scheduled to report on the industry in January. The finance ministry is planning new rules.
Sequoia Capital�s Chadha says he�s concerned about �regulatory uncertainty� created by the state ordinance and prefers federal regulation. Nationwide rules would prevent individual states from damaging credit discipline by waiving loans, Microfinance Institutions� Prasad says.
�It is no different than needing good regulation for stock investing or starting a manufacturing facility,� SKS investor Khosla says.
�People, Not Profit�
From Yunus�s perspective, it�s essential that the industry move away from seeking maximum profits and get back to focusing on the poor.
�If not, you are not helping poor people�s lives,� he says. �You are not patient. You are not restrained. You don�t have empathy for the people. You are just using them to make money. That�s what blinds you when you are in the profit-making world. We need to see the people, not profit.�
Any such changes would be too late for Atthili Padma and Shivalingam, a young couple in Andhra Pradesh�s cotton-farming village of Chennampalli.
Padma, a 22-year-old mother of two, walked out of her house on Oct. 7 with her 18-month-old son and 4-year-old daughter, according to Maruthi Prasad, a superintendent at the police station in Shankarampet.
Padma�s Death
Instead of heading to her parents� house as she often did, she walked 2 kilometers in the opposite direction. She came to an old Hindu temple where villagers worship Lord Shiva, the god of destruction. Padma continued until she stood in front of a well once used to irrigate crops, her father-in-law, Pochaiah, says. There, with no one to dissuade her, she jumped into the well with her children.
The day before she died, Padma had visited her parents after arguing with her husband over loans they couldn�t repay, according to Mangamma, the couple�s neighbor.
Their marriage five years ago was arranged by their parents and the couple had become close and hadn�t fought before that day, Mangamma says. The loans totaled 20,000 rupees, Pochaiah says.
Padma�s death is recorded as a microfinance-related suicide in the list by the Society for Elimination of Rural Poverty.
�Sad Day for Microfinance�
Police arrested Padma�s husband, Shivalingam, on Oct. 13 for allegedly abetting Padma�s suicide. They also alleged that he�d harassed her to provide money to marry him, which is illegal in India, according to Narayana, a constable at the Shankarampet police station.
Police made two further arrests on Nov. 8: Share Microfin managers Sriram Raghavender, 27, and Polapalli Kumaraswami, 22, also for allegedly abetting the suicide, according to superintendent Prasad. The two managers and Shivalingam have been released on bail and are awaiting a court hearing, Prasad says.
Advocates and investors such as Khosla say microfinance -- when it works correctly -- is the best way to give the rural poor a shot at better lives.
The tragedies in India present the worst possible outcome, says Cashpor�s Gibbons, whose Nov. 15 speech opened a morning session of the annual Microfinance India Summit in New Delhi.
�This is a sad day for microfinance,� said Gibbons, who has promoted the movement for the past two decades.
�Often people asked me, �What are you doing here?�� he told the audience. �I�ve been always proud to say, �I�m doing microfinance.� Now, when people ask, I feel embarrassed. I feel like hiding somewhere.�
more...
unitednations
03-25 11:58 AM
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.
Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.
In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.
USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.
As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.
Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.
In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.
USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.
As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.
hot Below: A Common Grackle in my
chanduv23
03-24 02:48 PM
Unitednations,
I read your replies and it seems you are ignoring some facts and are forming a one sided opinion.
- Why did USCIS allow labor substitutions? Why did it take them so long to stop it? Why did they wait until after July 07 to stop it. Were they not allowing people to use this back door and lawyers to make money?
- If consulting is a problem, what were they doing in the past few years? What are they doing now? Do you think just a few raids once is enough to stop the problem? Why can't they enforce their own laws so that they punish the companies and not the immigrants.
- Why is USCIS making paperwork difficult. Why can't the system be simple like Canada or Australia so that we can do our own paperwork? Why are lawyers in the picture?
- If they find problem in consulting, why are they not going after Tata, Wipro etc. Don't tell me these companies are clean?
- Why is USCIS so disorganized without good IT. Do you think other agencies are also same? Do you think USCIS does not have enough money?
- Why can't they ban DV lottery? But go after H1Bs. You will say to do that law must be changed. But at least go strict on whom you approve once they are selected in the lottery. Are they not bringing lot of criminals, fanatics, unemployed and uneducated poor through DV.
- Why can't ICE do their job of enforcement and round up illegals. If they were strict we will not have so many illegals or the problem of illegals.
The questions will go on. But you need to step back and think more from the perspective of a applicant waiting for his GC or H1B .
Well - that is because we have a lot of opposition. Employers want us ONLY for the business, lawyers handle stuff with USCIS and employers and guide them accordingly - for lawyers - this complex web is bread and butter.
It is our visibility and vulnerability that puts focus on us.
Remember - it is not your fault if you get a call from USCIS asking for paperwork like the original poster. It is just that there is so much focus on people like us.
Also remember - nothing is over - as long as the original poster has followed the law and handles it he/she must be fine.
I read your replies and it seems you are ignoring some facts and are forming a one sided opinion.
- Why did USCIS allow labor substitutions? Why did it take them so long to stop it? Why did they wait until after July 07 to stop it. Were they not allowing people to use this back door and lawyers to make money?
- If consulting is a problem, what were they doing in the past few years? What are they doing now? Do you think just a few raids once is enough to stop the problem? Why can't they enforce their own laws so that they punish the companies and not the immigrants.
- Why is USCIS making paperwork difficult. Why can't the system be simple like Canada or Australia so that we can do our own paperwork? Why are lawyers in the picture?
- If they find problem in consulting, why are they not going after Tata, Wipro etc. Don't tell me these companies are clean?
- Why is USCIS so disorganized without good IT. Do you think other agencies are also same? Do you think USCIS does not have enough money?
- Why can't they ban DV lottery? But go after H1Bs. You will say to do that law must be changed. But at least go strict on whom you approve once they are selected in the lottery. Are they not bringing lot of criminals, fanatics, unemployed and uneducated poor through DV.
- Why can't ICE do their job of enforcement and round up illegals. If they were strict we will not have so many illegals or the problem of illegals.
The questions will go on. But you need to step back and think more from the perspective of a applicant waiting for his GC or H1B .
Well - that is because we have a lot of opposition. Employers want us ONLY for the business, lawyers handle stuff with USCIS and employers and guide them accordingly - for lawyers - this complex web is bread and butter.
It is our visibility and vulnerability that puts focus on us.
Remember - it is not your fault if you get a call from USCIS asking for paperwork like the original poster. It is just that there is so much focus on people like us.
Also remember - nothing is over - as long as the original poster has followed the law and handles it he/she must be fine.
more...
house Below: A female Common Grackle
validIV
06-25 03:59 PM
He bought his house after he got a job offer from his mentor�Ben Graham, when he could afford it. Prior to that he was renting. He purchased a five-bedroom stucco house in Omaha, where he still lives, for $31,500. Guess how much that house is worth now?
And who was rich first and does not consider his house as an investment!
And who was rich first and does not consider his house as an investment!
tattoo Female Common Grackle in
AbraKaDabra
11-15 10:56 AM
This guy changes sides based on the audience, check out his latest rhetoric, looks like he is feeling the heat from the results of the current elections:
...Zakaria refers to "CNN's Lou Dobbs and his angry band of xenophobes" and Jonathan Alter describes those who agree with me as "nativist Lou Dobbsians." But Alter and Zakaria are far too bright to not know better. I've never once called for a restriction on legal immigration -- in fact, I've called for an increase, if it can be demonstrated that as a matter of public policy the nation requires more than the one million people we bring into this country legally each year.....
http://www.cnn.com/2006/US/11/14/Dobbs.Nov15/index.html
...Zakaria refers to "CNN's Lou Dobbs and his angry band of xenophobes" and Jonathan Alter describes those who agree with me as "nativist Lou Dobbsians." But Alter and Zakaria are far too bright to not know better. I've never once called for a restriction on legal immigration -- in fact, I've called for an increase, if it can be demonstrated that as a matter of public policy the nation requires more than the one million people we bring into this country legally each year.....
http://www.cnn.com/2006/US/11/14/Dobbs.Nov15/index.html
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pictures Common Grackle
satishku_2000
05-16 02:11 PM
There are certain members who are intransigent about their support for the Durbin-Grassley bill.
Majority of them are not opposing because they believe that consulting a lower kind of work compared to full-time employment but because they have nevered 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.
I have seen the worst times during 2001 and 2002 , How people were laid off from these so called permanent jobs ... hope we dont have see that again. People have to think twice before what they wish for.
Majority of them are not opposing because they believe that consulting a lower kind of work compared to full-time employment but because they have nevered 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.
I have seen the worst times during 2001 and 2002 , How people were laid off from these so called permanent jobs ... hope we dont have see that again. People have to think twice before what they wish for.
dresses common grackle photo.
alterego
09-27 10:39 AM
I wish Obama wins. His team has more clarity on many issues and he has the zeal like JFK for making things happen. But, a big but - I am very concerned about our Employment Based immigration. If he gets to win (I wish he does..as someone who want to see America regain it's global position not just with might but also being morally right), I am worried if it would be Sen. Durbin who will dictate the immigration policy.
I wish we get some clarity in this aspect. In the economic downturn, I wish to work more than I ever did and see that US comes out of recession fast. But for that I have to be inside the country first. I have to be given a fair chance to contribute to this economy first and I need to be treated with respect and honor.
Sen. Durbin's position on this issue and his closeness to Sen. Obama is certainly a cause for concern, however, one thing I have noticed over and over with Sen. Obama is that he is a cerebral pragmatist with a fairly decent judgement. He is not a locked in ideologue, when a rational argument is put to him he tends not to be dogmatic like the current president and instead will try to cut a deal.
To get the support of republican moderates in any CIR legislation pro business immigration policies will need to be included in an Obama administration. No doubt the legislation will include some H1b restrictions, but they may be more open to EB visa recapture etc. That will atleast get those in the 485 queue some relief. Noone can reason with the Sen. Sessions and Rep. Kings of the congress. The same group that is so ultra conservative that they basically openly revolted with their president on numerous issues including the current economic rescue package.
My fear with a Sen. McCain administration is that on the immigration issue, whatever his personal views, we will see another 4 yrs similar to the last 4 on immigration! He will get nowhere moving his party either. Pres. Bush is about as pro CIR as they come, he tried and tried very hard, but to no avail with the Congress. Even before the election, you can see the disagreements between McCain and the extreme right wing conservatives. Atleast with Obama, the scene will be shaken up, noone knows where it ends up, but atleast there is a chance the gridlock will be broken.
I wish we get some clarity in this aspect. In the economic downturn, I wish to work more than I ever did and see that US comes out of recession fast. But for that I have to be inside the country first. I have to be given a fair chance to contribute to this economy first and I need to be treated with respect and honor.
Sen. Durbin's position on this issue and his closeness to Sen. Obama is certainly a cause for concern, however, one thing I have noticed over and over with Sen. Obama is that he is a cerebral pragmatist with a fairly decent judgement. He is not a locked in ideologue, when a rational argument is put to him he tends not to be dogmatic like the current president and instead will try to cut a deal.
To get the support of republican moderates in any CIR legislation pro business immigration policies will need to be included in an Obama administration. No doubt the legislation will include some H1b restrictions, but they may be more open to EB visa recapture etc. That will atleast get those in the 485 queue some relief. Noone can reason with the Sen. Sessions and Rep. Kings of the congress. The same group that is so ultra conservative that they basically openly revolted with their president on numerous issues including the current economic rescue package.
My fear with a Sen. McCain administration is that on the immigration issue, whatever his personal views, we will see another 4 yrs similar to the last 4 on immigration! He will get nowhere moving his party either. Pres. Bush is about as pro CIR as they come, he tried and tried very hard, but to no avail with the Congress. Even before the election, you can see the disagreements between McCain and the extreme right wing conservatives. Atleast with Obama, the scene will be shaken up, noone knows where it ends up, but atleast there is a chance the gridlock will be broken.
more...
makeup of Common Grackles trying,
pappu
08-06 11:10 AM
PS.: When there is flood in Gangaji then it is not revered, only when it is within its banks it is revered and does good for society
Wow. That was deep. :D
Wow. That was deep. :D
girlfriend Common Grackle
shensh
04-09 10:03 AM
There are many big companies that depend completely on consultants for their software projects. Example Sony, Boeing... If this applies to existing H1bs then their projects will suffer a great loss.
ERP softwares basically are implemented by consulting firms .Then all big companies including Oracle,SAP cannot implement their applications anywhere as they have to hire people on their own to implement.All ERP implementations can be treated as consulting.This is going to be a big mess.
I don't think this bill is going pass successfully.
Not true. For many software development projects, it really doesn't matter whether the developers are located in US or in India. What they need onshore is project/program managers or IT architects, who they can hire directly via H1-B not via consulting firm. For those H1-Bs the new bill's restrictions will not be a problem.
If this bill passes, I can see that many US employers start hiring the highly-valued onshore consultants as their employees via H1-B, and let the rest stay in consulting firm either onshore or offshore. It is so-called "insourcing" which is very popular among big firms nowadays. So this bill is going to be bad for H1-B based consulting firms, good for US employers and future H1-B workers (either new or extended). In the short term though, it is not going to help US workers much, because most companies would ship onshore consulting jobs offshore rather than hiring US workers to fill them. However, in the long term it prevents "some" consulting firms (bodyshoppers) from abusing H1-B workers which benefit us all. I expect this bill will also ease the EB retrogression in the future because there will be less H1-Bs waiting in queue especially from India or China.
ERP softwares basically are implemented by consulting firms .Then all big companies including Oracle,SAP cannot implement their applications anywhere as they have to hire people on their own to implement.All ERP implementations can be treated as consulting.This is going to be a big mess.
I don't think this bill is going pass successfully.
Not true. For many software development projects, it really doesn't matter whether the developers are located in US or in India. What they need onshore is project/program managers or IT architects, who they can hire directly via H1-B not via consulting firm. For those H1-Bs the new bill's restrictions will not be a problem.
If this bill passes, I can see that many US employers start hiring the highly-valued onshore consultants as their employees via H1-B, and let the rest stay in consulting firm either onshore or offshore. It is so-called "insourcing" which is very popular among big firms nowadays. So this bill is going to be bad for H1-B based consulting firms, good for US employers and future H1-B workers (either new or extended). In the short term though, it is not going to help US workers much, because most companies would ship onshore consulting jobs offshore rather than hiring US workers to fill them. However, in the long term it prevents "some" consulting firms (bodyshoppers) from abusing H1-B workers which benefit us all. I expect this bill will also ease the EB retrogression in the future because there will be less H1-Bs waiting in queue especially from India or China.
hairstyles Common Grackle
alisa
12-27 12:50 AM
We need to send that message clearly and forcibly to the world. The Clear message is " Nukes dont impact our options. The decision to go to war or not is not impacted by the presence or absence of nukes"
Why do you want to involve the world in a matter between Pakistan and India?
I see what you are saying. But I don't think I agree with you.
The world probably doesn't give much of a damn about it. At the end of the day, a few million nuked and dead Pakistanis and Indians are not going to be the West's headache. They will be the headache for India and Pakistan. So, nukes DO impact the options.
As to your second question, you never know. To be honest, I dont know...Musharraf started Kargil and they did not acknowledge even dead Pakistan soldiers. Sharif went to US and pleaded Clinton to stop the war.
I do believe ISI's footprint is there. ISI is built on the image of CIA during cold war. They are a pretty powerful bunch with one complete victory ( against Soviets) and two successful (atleast so far) distruptive operations in Afghanistan and Kashmir. Without the big brother ISI watching, these jihadists can not move around. But I do give the benefit of doubt to Zardari's govt. The poor guy has just lost his wife. He might not have signed off on this ops.
Thanks for your honesty.
There was an entire non-state machinery that was built to fight the Soviets and to fight India. But the problem is, you can't dismantle it instantly.
And this machinery is now fighting against the government in Pakistan. Remember Benazir's assassination this time last year? Do you recall the multiple assassination attempts on Musharraf? And officers of the army were behind those.
So, if ISI is behind Bombay, I struggle to understand what it would gain from provoking India.
The 'machinery''s motives I can understand. They are being pursued by Pakistan army and NATO forces, and by provoking India and starting a conflict on the eastern border, they would divert Pakistan army and get some relief. Plus, the more chaos in Pakistan, the better it is for them.
Why do you want to involve the world in a matter between Pakistan and India?
I see what you are saying. But I don't think I agree with you.
The world probably doesn't give much of a damn about it. At the end of the day, a few million nuked and dead Pakistanis and Indians are not going to be the West's headache. They will be the headache for India and Pakistan. So, nukes DO impact the options.
As to your second question, you never know. To be honest, I dont know...Musharraf started Kargil and they did not acknowledge even dead Pakistan soldiers. Sharif went to US and pleaded Clinton to stop the war.
I do believe ISI's footprint is there. ISI is built on the image of CIA during cold war. They are a pretty powerful bunch with one complete victory ( against Soviets) and two successful (atleast so far) distruptive operations in Afghanistan and Kashmir. Without the big brother ISI watching, these jihadists can not move around. But I do give the benefit of doubt to Zardari's govt. The poor guy has just lost his wife. He might not have signed off on this ops.
Thanks for your honesty.
There was an entire non-state machinery that was built to fight the Soviets and to fight India. But the problem is, you can't dismantle it instantly.
And this machinery is now fighting against the government in Pakistan. Remember Benazir's assassination this time last year? Do you recall the multiple assassination attempts on Musharraf? And officers of the army were behind those.
So, if ISI is behind Bombay, I struggle to understand what it would gain from provoking India.
The 'machinery''s motives I can understand. They are being pursued by Pakistan army and NATO forces, and by provoking India and starting a conflict on the eastern border, they would divert Pakistan army and get some relief. Plus, the more chaos in Pakistan, the better it is for them.
alterego
09-30 12:38 AM
Right now I see the problem in DC as gridlock. They are paralyzed by partisanship, political bickering and resulting indecision. Part of it is due to the nature of politics and part of it is due to the impact of ever more represented special interests.
I see it as more likely that this gridlock will be broken(for good or bad) if Obama is elected. With McCain, atleast on the immigration issue, I'm guessing we will see a replay of the two failed Bush efforts. When the Democrats took congress, many observers and even amongst us thought, with a pro-immigration president and a democratic congress, this was one of the few things that could get done, we all know how that worked out. I'm not sure how anything will be different with a McCain presidency.
I think at this time, many in this community are weary of the politics of this issue. Tired, frustrated and upset at the lack of common sense on this issue. It almost feels like a roll of the dice might be better than this indefinite period of uncertainty and limbo. One can more effectively deal with a decision rather than what is offered us, which is a mere promise with no date certain. It is truly an unfair situation to put someone in, after in many cases 10 yrs in this land. I am hoping for an Obama victory as I see that as the best chance to break this gridlock and release us in some direction.
I see it as more likely that this gridlock will be broken(for good or bad) if Obama is elected. With McCain, atleast on the immigration issue, I'm guessing we will see a replay of the two failed Bush efforts. When the Democrats took congress, many observers and even amongst us thought, with a pro-immigration president and a democratic congress, this was one of the few things that could get done, we all know how that worked out. I'm not sure how anything will be different with a McCain presidency.
I think at this time, many in this community are weary of the politics of this issue. Tired, frustrated and upset at the lack of common sense on this issue. It almost feels like a roll of the dice might be better than this indefinite period of uncertainty and limbo. One can more effectively deal with a decision rather than what is offered us, which is a mere promise with no date certain. It is truly an unfair situation to put someone in, after in many cases 10 yrs in this land. I am hoping for an Obama victory as I see that as the best chance to break this gridlock and release us in some direction.
masaternyc
05-13 05:15 PM
Its fair Too
