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  • 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."





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  • lfwf
    08-06 03:45 PM
    According to you A acquires skills over a period of time and so does a person who went for higher education and is EB2. You also say that if there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position.

    At this point both of us agree that A and B are equal, right?

    If they both are EQUAL, then can you guarantee that both PDs will move at the same rate?. If A�s PD becomes unavailable and B�s become current. B will get GC faster than A even though both were equal (from your logic). Is this fair, then?

    No one can guarantee that. and that is the whole concept of "preference categories" . So now its ok for A to jump to EB2 and leapfrog everyone with his/her 2002 PD? Does 5 years of work have that much value? He/She would be ahead of 2003 EB2 filers that may have been working on degrees since 1999. That's ok by you? The faster movement of EB2 makes up for the years of education. I say, by all means BS+5 shoudl file EB2, I just don't agree with the porting. That PD was for an entirely different skill set and job. I know its the law. I still disagree. Can do that last I knew :-)





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  • zxcvb
    07-17 10:37 PM
    Hi UN,

    What if the employee gets paid less than what is mentioned on the LCA on H1. Is that considered Out of Status?

    Thanks in advance





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  • cygent
    06-25 08:17 PM
    Just as an example, this may be an anomaly, but I know this Australian Indian citizen, who has recently bought 2 houses in the LA Valley and is having no issues filling them with contractors so far (1 my friend), even in this economy. He works on SAP projects traveling on H1 , but is in Aussie land most of the time, with his family. The rent more than pays off his mortgage.

    to buy another house (if it is not distress property / from auction) just to put it on rent is stupidity ..risk is good if it is calculated ..to take foolish risk is foolishness ..anyway that is me. In this Country land is virtually unlimited !!! demand is low (see immigration ..they give majority GC's to people when they are 50 - 60 years old) and those who are young have smaller families because of high cost of living, way of living.
    to buy a house to put it on rent is big loss as there are millions of houses already competing for renters
    ONE more reason for those who are on H1/ EAD is that 90% of then job postings on DICE and other places ask for only citizens or GC holders.



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  • arc
    04-13 04:10 PM
    I don't think it's good time to buy in CA.. Just wait for option ARM reset and market will drop more.

    In California have anyone explored a Duplex/Triplex market where 2 parties buy a multiplex togather they pay less money, get a good location and good school district. I have heard a lot of success stories, plus duplex is like 2 single family homes with yards/decks etc. 2 friends buy the property togather, you also get usual tax deduction and NO HOA like town homes... (if you pay 300/mo HOA you end up paying 108000 in 30 years). I think owning a multiplex for about 5 years then renting it out and getting a single family home makes a lot of sense for long term...what say!





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  • lfwf
    08-06 04:19 PM
    If you go strictly by that, then allocating unused EB1 visa numbers to EB2 is also wrong. EB1 visas are meant for an entirely different skill set and job.

    EB2 guys and EB3 guys are at a disadvantage depending on which way you look at it. I guess capturing previous years� unused visa numbers is the only way to go then�

    no those are unused numbers and are "physcially ported" to Eb2 before they can be used, and then to Eb3. the applicant does not jump to the higher category!!!



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  • Macaca
    12-29 07:47 PM
    Our Nation as a Startup (http://blogs.wsj.com/indiarealtime/2010/12/29/india-journal-our-nation-as-a-startup/) By Rajeev Mantri | IndiaRealTime

    Doing business in India can be overwhelming for somebody accustomed to working in a more hospitable business environment. The World Bank�s Doing Business study ranks India 134th worldwide for ease of doing business, behind lesser-talked- about nations such as Tanzania and Ghana.

    Besides the well-documented inadequacy of physical infrastructure, archaic corporate and taxation laws are yet to catch up with modern ways of structuring and operating new ventures. Yet India is able to register high rates of economic growth year after year.

    U.S. President Barack Obama�s contention that India has already arrived is magnanimous � India is a startup with high potential but hasn�t made it yet into the pantheon of world powers. Like a startup, India is chaotic and unpredictable.

    Democracy adds another twist in the tale. As the last three months have shown, Indian politics can turn on a dime and the perception of political stability can give way very quickly. India�s business model is contrary to how other Asian economies have developed: India continues to be services-driven and domestically-oriented instead of being heavy on export-led manufacturing.

    This approach shielded the economy during the financial crisis. With growth driven by high-quality entrepreneurs who have been able to deliver despite a suspicious and often obstructionist state, it�s no wonder that investors continue to be bullish on India and tend to overlook major political and geopolitical risks.

    But high growth brings with it many quandaries. Though a happy problem to have, a growing enterprise faces its own management challenges. At the very least, the capacity of India�s executives and government to manage growth has been somewhat disappointing. India chose (some would argue that it stumbled upon) a bottom-up development model based upon entrepreneurship.

    We are now reaching a stage in the economic cycle where we need to push the envelop further, not negate the strategy that has served us very well over the last two decades. India saw two bursts of significant reform, from 1991 to 1996 under Prime Minister P.V. Narasimha Rao and again from 1998 to 2004 under Prime Minister A.B. Vajpayee. Since 2004, there has been virtually no reform initiated by the Congress-led United Progressive Alliance government in areas such as labor law, where the current regime is constraining growth in manufacturing. This is impairing the quality of India�s economic growth and limiting job creation.

    Recently, Steve Jobs said that his company, Apple, is the world�s largest startup. It�s an interesting view given that Apple�s market capitalization, which is close to $300 billion, makes it one of the most valuable companies in the world. Apple also has zero debt and tens of billions of dollars in cash. From the brink of bankruptcy and irrelevance in 1998, Apple�s financial and competitive strength is now the envy of the technology industry.

    When Mr. Jobs returned as Apple�s CEO, he had a straightforward mantra: To rebuild Apple as a pioneering innovator and rescue it from the morass of creating �me-too� products, as he put it. He felt that the company he founded had forgotten what it stood for. This was audacious for a company struggling to stay on its feet.

    Indian administrators and policy-makers should also remember how high rates of economic growth have been achieved in the first place. Like a startup which has achieved a fit between product and market fit and is ready to scale up, India needs to continue providing its entrepreneurs with the space and environment to operate.

    Apple lost its mojo because it abandoned the strategy that made it what it was. Curiously, that strategy itself was not rigid and inflexible but one of continuous innovation, where Apple would make its products irrelevant before its competitors could. A return to this thinking has ensured the company�s rise through the 2000s. India, too, needs to return to policies that have transformed its economy from anemic to blistering growth.

    In Hindu philosophy, The Upanishads talk of the concept of �Atmanam Viddhi,� which roughly translates as �knowing oneself.� It turns out that self-knowledge is also a sound business strategy � to reach where you want to go, it�s first important to know how you got to where you are.

    The government must realize what it is that has delivered high rates of economic growth. Negating the ideas and policies that are driving India�s economic development by delaying the next round of economic reforms could prove to be immensely damaging to India�s economic prospects. India needs a visionary leader to step up and push through some of the changes that most agree need to be implemented � but few have the political courage to execute � or else an opportunity may be lost again.





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  • ksr
    08-14 05:45 PM
    There is another thread in this section that somebody posted that has the answers. You can take the Fp and request re-scheduling for your family giving the travel iternary copy and date(s) when they would be available


    Thank You Krishna. I have just mailed Fp notices requesting for re-schedule.



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  • trueguy
    07-14 10:57 AM
    Guys/Gals,

    Please stay focused and get the petition ready. I can easily get 50 friends of mine (who are not on IV) send those letters.

    Thanks





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  • xyzgc
    12-17 04:24 PM
    Now you may go and dig out my previous postings too!

    Ah! all these red dots are showered on me by you kinda folks for questioning this type of nonsense!

    Bring it on more (red dots) LOL

    Want to discuss which airlines to boycott?:D...
    There is an IV thread for you!



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  • chanduv23
    03-23 03:50 PM
    well..you hit nail..yes..I initially worked with that company that started with S**..but I changed them after 1 year after coming to US

    So, keep cool. Talk to an Attorney. use a good Attorney for everything from now. You can forward the email request to the Attorney and go from there.





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  • ak27
    01-28 09:54 AM
    Lou Dobbs has found an audience who oppose any form of immigration. Lou picks and choose facts which support his point of view and no one at CNN is stopping him because his ratings have gone up with his rant...



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  • unitednations
    08-03 01:52 PM
    Hi United Nation,

    If AC21 is so difficult to use what about EAD?? Is all these apply to EAD too??

    -M

    No; it is not hard to use.

    However; the way people use labor substitution, future base employment, labors in fast processing states, going from consulting companies to "permanent jobs"; job descriptions not matching, companies getting ability to pay queries on approved cases; uscis changing their interpretations of laws/regulations, people getting off h-1b after six years.... all of these things add a lot of complexities.





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  • gapala
    06-08 09:42 AM
    It is very nice discussion.

    I am in process of buying forclosure home in SUWANEE ( Atlanata) area. I based on my survey and research feel that I am getting good deal(175 K price for 2800 sqft, 2004).by th


    Are you new to Atlanta area?



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  • hopefulgc
    08-11 04:35 PM
    what a loser a person has to be to give out red dots for jokes.

    i am here to counter the trends of red dots :)

    I also got a red dot for my joke:confused:. Never used any foul language. Comment left was "This type of "blonde jokes" or "sardar jokes" etc are not really suited for a skilled immigrant community forum." I don't understand why do people give Red dots even for jokes. The title of the theread is Ligthen Up.





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  • mariner5555
    04-14 03:09 PM
    You will never learn. Anyways, if you read my earlier posts you would know that I have said that people who most people who live in apartments would be having valid reasons. I have also said that if I were in CA. I would be living in an apartment too. I am never against renting or living in an apartment, but I am against renting when it makes perfect sense to buy and when the time is right (which of course is NOT NOW).

    My counter arguments are for people who were scaring people into not buying a house when things are conducive for them. Note, when I say conducive it means all things considered as in the time is right, they have a good job, have found a very good deal in a location having a very good school and they have found something which has an extra room when their elderly parents visit them.
    I can say the same about you. let me clarify too ..and let me stop this since I (and I guess you) have better things to do
    my arguments were for people who are being pressurised to buy as if in 3 months prices will go sky high. or for those who are saying that owning a (big)house = better life ..(both are incorrect from a different angle ..so look for your own angle ..for eg you need space ..(u get space but maintenance is more).
    if you have atleast a GC, good savings / or super pay, find a good deal (good location with less commute time) and you need the space ..then buy a house.
    there is an excess of supply and v.low demand (compared to past) ..so if you can wait for some time to get a correct place then wait (and maybe keep looking / doing research etc) ..the worst thing you can do on a EAD (and in uncertain times) is rush and buy just because somebody told you to do that. the bottom line is ..this was a massive massive bubble ..something that has never occured on this scale ..and housing will be down for a long long time ..so it makes sense to wait for a GC atleast.



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  • boldm28
    01-29 02:54 PM
    That is surely amnesia. What to say, one of my desi coworker who who got his citizenship recently has started "Why we need more people" . When asked about his case, "mine was different, because of y2k etc there were great demand around 1999-2000".

    IT HAPPENS ONLY in INDIA(N) ORIGIN PEOPLE





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  • Marphad
    01-09 01:00 PM
    Read this: especially para with title: Land grievance against Indian Muslims


    http://www.ivarta.com/columns/OL_041208.htm





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  • StuckInTheMuck
    08-05 02:48 PM
    Two guys are moving about in a supermarket when their carts collide.

    One says to the other, "I'm sorry - I was looking for my wife."
    "What a coincidence, so am I, and I'm getting a little desperate."

    "Well, maybe I can help you. What does your wife look like?"

    "She's tall, with long hair, long legs, firm boobs and a tight ass.

    What's your wife look like?"

    "Never mind, let's look for yours!"





    gapala
    06-08 09:42 AM
    It is very nice discussion.

    I am in process of buying forclosure home in SUWANEE ( Atlanata) area. I based on my survey and research feel that I am getting good deal(175 K price for 2800 sqft, 2004).by th


    Are you new to Atlanta area?





    hiralal
    06-24 08:13 AM
    one of the main reason that I stopped looking for a home is GC. the reason I was hunting around was to get advantage of tax credit ..but when I read articles like this ..I feel waiting for some more time has advantages too !! (so even if you take best case scenario of 10% drop in your area ..a house which costs 250K will drop by 25K ??? which is 3 times the tax credit).
    -------------------------
    Searching for a bottom in the housing market
    Sales look like they could rebound soon, but you can't say the same for prices.

    See all CNNMoney.com RSS FEEDS (close)
    By Janet Morrissey, contributor
    June 19, 2009: 4:23 AM ET

    FORTUNE 500
    Current Issue
    Subscribe to Fortune

    NEW YORK (Fortune) -- Sales in the decimated housing market may finally be bottoming, but don't expect home prices to stop dropping before mid-2010 at the earliest, analysts and economists say.

    Indeed, prices in the battered housing market could get a lot worse before they get better as an avalanche of specialized adjustable rate mortgages, known as option ARMs and Alt-A mortgages, are slated to reset over the next 18 to 24 months, and rising unemployment causes a surge in the number of prime mortgages going into default. All of this is expected to trigger another round of foreclosures and cause home prices to tumble at least another 20% before the market rebounds, according to market analysts and economists.

    Market bulls believe home prices could bottom in the second half of 2010, but the bears warn it could be 2013 before they finally trough. And once prices do reach a low, it could be years before they significantly rebound.
    0:00 /4:19Housing market's false hope

    "This is clearly the worst housing crisis since the Depression," says John Burns, president of John Burns Real Estate Consulting. Losses from the housing meltdown totaled $3.6 trillion at the end of 2008, and will likely approach $5 trillion by the time the crisis ends, predicts Lawrence Yun, chief economist with the National Association of Realtors.

    Bob Curran, managing director at Fitch Ratings, is a lot more cautious, noting that one month of gains doesn't make a trend -- existing home sales are still off 3.5% from a year ago. "You'd want to see a string of months -- ideally three months -- to say with confidence that a bottom has been reached," he says.

    "We're about two-thirds of the way through the pricing correction on a percentage basis," says Joshua Shapiro, chief U.S. economist with MFR Inc., an economic consulting and analysis firm. He expects prices to slide at least another 20% over the next 18 months.



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