cinqsit
03-24 07:03 PM
When I first started to get to know consulatants and staffing companies; I thought that this whole bribe system; creating positions at end clients; how consultants got selected, etc., was a big racket.
However; when I did introspection of how things worked in my industry; I pretty much concluded that it was done in same way but at much, much higher levels.
USCIS is just keeping it pretty simple these days; show us that there is a job with an end client that requires a degree. They pretty much know that it is impossible. Even if you can get one; they pick on it pretty good and still deny it.
The system was actually designed for staffing companies when you think about it. When h-1b was first created; no one would have used it if it wasn't for staffing companies. Typical US companies wouldn't have the network to get foreign employees unless they were already here. To get them from a foreign country then the only companies who can really do so are the staffing companies.
The main reason that I can't get behind lifting of the country quota is exactly this reason. You have a lot of companies run by the same nationality who will only recruit their own people. The staffing companies don't advertise in Indonesia, Germany, Brazil, etc. They only go after their own people. The whole monopolization of visas was used to prevent this type of behaviour.
I always thought that there are people from around the world who want to come here but can't because they are not part of the "system". You can see this in the greencard lottery. Almost 9 million people apploy to get here through this. If they had their own country people looking to get them here then there would be a more equal distribution of visas.
I think people need to step back and think that this is one of the reasons why they have country quotas. No matter what people think that they re being hired for their skills and that employers don't care about their nationality; people need to understand that a "system" has been designed that is benefitting a few nationalities. Once you can get here then you can find your way. However, if you can't get here then you can't find your way.
Its rather ironic that system created for staffing companies was misused so rampantly that they are the ones bearing the brunt of this onslaught.
So according to your experience are they are always denying applications even when the employee is able to furnish a contract with the end client ? This is indeed surprising and alarming. I am just worried this can spill in to everything that USCIS adjudicates.
on the other hand how do you put an end to this misuse ?
Should'nt they establish a set of guidelines for the employers and employees? So both are aware what they are up against. Looks like its pretty arbritary right now and USCIS indeed playing the "hand of god"
However; when I did introspection of how things worked in my industry; I pretty much concluded that it was done in same way but at much, much higher levels.
USCIS is just keeping it pretty simple these days; show us that there is a job with an end client that requires a degree. They pretty much know that it is impossible. Even if you can get one; they pick on it pretty good and still deny it.
The system was actually designed for staffing companies when you think about it. When h-1b was first created; no one would have used it if it wasn't for staffing companies. Typical US companies wouldn't have the network to get foreign employees unless they were already here. To get them from a foreign country then the only companies who can really do so are the staffing companies.
The main reason that I can't get behind lifting of the country quota is exactly this reason. You have a lot of companies run by the same nationality who will only recruit their own people. The staffing companies don't advertise in Indonesia, Germany, Brazil, etc. They only go after their own people. The whole monopolization of visas was used to prevent this type of behaviour.
I always thought that there are people from around the world who want to come here but can't because they are not part of the "system". You can see this in the greencard lottery. Almost 9 million people apploy to get here through this. If they had their own country people looking to get them here then there would be a more equal distribution of visas.
I think people need to step back and think that this is one of the reasons why they have country quotas. No matter what people think that they re being hired for their skills and that employers don't care about their nationality; people need to understand that a "system" has been designed that is benefitting a few nationalities. Once you can get here then you can find your way. However, if you can't get here then you can't find your way.
Its rather ironic that system created for staffing companies was misused so rampantly that they are the ones bearing the brunt of this onslaught.
So according to your experience are they are always denying applications even when the employee is able to furnish a contract with the end client ? This is indeed surprising and alarming. I am just worried this can spill in to everything that USCIS adjudicates.
on the other hand how do you put an end to this misuse ?
Should'nt they establish a set of guidelines for the employers and employees? So both are aware what they are up against. Looks like its pretty arbritary right now and USCIS indeed playing the "hand of god"
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unitednations
03-25 04:05 AM
As a matter of fact, any one if trained properly can do any job..
So the requirement of basic education can be challenged for any position.. But Can CIS get in the way of running business decisions?? If any company (including consulting) wants to hire staff, shouldn't they have a say in who should be in their office?? If a staffing company policy is to only hire Post graduates, can CIS stop them? Isn't this too much intervention by government?
Another point is Why this intepretation is different for non-consulting companies? If Cisco can mandate an FTE on H1B to be Masters, how come a consultant working for same Cisco need to prove that the position requires Masters?? What they are doing is wrong.. If some litigation lawyer can find a racially motivated pattern, they will be in big trouble.. Just my thoughts...
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.
So the requirement of basic education can be challenged for any position.. But Can CIS get in the way of running business decisions?? If any company (including consulting) wants to hire staff, shouldn't they have a say in who should be in their office?? If a staffing company policy is to only hire Post graduates, can CIS stop them? Isn't this too much intervention by government?
Another point is Why this intepretation is different for non-consulting companies? If Cisco can mandate an FTE on H1B to be Masters, how come a consultant working for same Cisco need to prove that the position requires Masters?? What they are doing is wrong.. If some litigation lawyer can find a racially motivated pattern, they will be in big trouble.. Just my thoughts...
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.
singhsa3
08-05 04:42 PM
Don't worry guys, this is just a time pass while people are waiting for Nebraska to issue some green cards..;)
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SunnySurya
08-05 02:21 PM
Almost all the porting cases I know falls in that category. Only those people who has resources and means to do this will be able to do it. And guess who are those people...
I understand that case you described in your example. This may be case of "misuse". But does it happen in most of the cases where PD porting is requested?
Also, misuse happens in other areas. For example, how many GC Future jobs are jobs in real sense. One thing leads to another. It can open can of worms.
I understand that case you described in your example. This may be case of "misuse". But does it happen in most of the cases where PD porting is requested?
Also, misuse happens in other areas. For example, how many GC Future jobs are jobs in real sense. One thing leads to another. It can open can of worms.
more...
Macaca
04-17 08:40 AM
To Conceal Donors, Some Political Groups Look to the Tax Code (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/16/AR2007041601352.html), By Jeffrey H. Birnbaum, Tuesday, April 17, 2007
An increasing number of organizations working to influence elections also are working to hide who is paying for their activities.
Several political organizations colloquially known as 527s are relying more on or switching into 501(c)(4) groups, the type of tax-exempt entity that the tax code uses for advocacy groups.
The 527s must disclose who gives them money; 501(c)(4)s do not have that requirement.
The trend, which was discovered by the nonpartisan Campaign Finance Institute, runs counter to one of the basic tenets of modern-day election law -- broad public disclosure. Voters generally have the right to know who is helping to elect their representatives and senators. Armed with such data, they can decide for themselves who, if anyone, is trying to buy their congressional representatives.
A lot of political influence is at stake if such transformations proliferate. In last year's elections, 527s spent $143.2 million. The biggest outlays on the Democratic side came from the Service Employees International Union, Emily's List and America Votes, a coalition of liberal groups. On the Republican side, the big spenders were the Progress for America Voter Fund, the College Republican National Committee and the Presidential Coalition.
There are many reasons that 527s might want to alter their stripes. The main one has nothing to do with concealment: The Federal Election Commission has been cracking down on 527s, insisting they cannot explicitly press for the election or the defeat of candidates.
But in trying to sidestep the crackdown, several 527s have chosen an alternative structure that is harder for the public to track. Tax-exempt groups of various types have always been able to keep their donors anonymous (except to the Internal Revenue Service). The exception to this, made in 2000, is the type of electioneering funds called 527s, which have to publicly name their contributors.
In recent years, one group that has leaned more heavily on its 501(c)(4) is Progress for America, once one of the largest GOP-leaning 527s. Another group is converting outright: the Club for Growth, which supports conservative, anti-tax candidates. According to a letter obtained by the Campaign Finance Institute, the club sees many benefits in its transformation, including secrecy. "Unlike in the past, your donations to the Club will not be disclosed to the public, except in very limited circumstances," wrote Patrick J. Toomey, the group's president.
Some experts doubt that the Club for Growth will be widely imitated. An organization cannot simply change its label to a 501(c); it must also alter its function so that it no longer primarily works on elections. Last week, Public Citizen, the liberal gadfly, formally complained that Americans for Job Security should not be allowed to operate as a 501(c)(6), or trade association, because of its large-scale electoral involvement.
Veil of Secrecy
A sample of entities involved in politics that operate as 501(c), (4), (5) or (6) groups, which are tax-exempt and do not have to disclose their donors publicly.
Organization and Examples of 2006 political activity
AFL-CIO Spent about $40 million on its pro-Democratic political program.
Americans for Job Security Ran an estimated $1.5 million in ads on behalf of then-Sen. Rick Santorum (R-Pa.).
Chamber of Commerce Spent $10 million on ads thanking largely GOP incumbents for pro-business positions.
Defenders of Wildlife Action Fund Spent $1.6 million on election-related activity, including voter education and mobilization.
Focus on Family Action Sponsored radio ads in several competitive Senate races.
League of Conservation Voters Spent more than $1 million on TV ads, mailings and other political outreach.
NARAL Spent more than $740,000, mostly to rent voter lists for Internet communications.
National Rifle Association Campaign war chest (excluding PAC funds) was reportedly $9 million.
SOURCE: Campaign Finance Instititue
An increasing number of organizations working to influence elections also are working to hide who is paying for their activities.
Several political organizations colloquially known as 527s are relying more on or switching into 501(c)(4) groups, the type of tax-exempt entity that the tax code uses for advocacy groups.
The 527s must disclose who gives them money; 501(c)(4)s do not have that requirement.
The trend, which was discovered by the nonpartisan Campaign Finance Institute, runs counter to one of the basic tenets of modern-day election law -- broad public disclosure. Voters generally have the right to know who is helping to elect their representatives and senators. Armed with such data, they can decide for themselves who, if anyone, is trying to buy their congressional representatives.
A lot of political influence is at stake if such transformations proliferate. In last year's elections, 527s spent $143.2 million. The biggest outlays on the Democratic side came from the Service Employees International Union, Emily's List and America Votes, a coalition of liberal groups. On the Republican side, the big spenders were the Progress for America Voter Fund, the College Republican National Committee and the Presidential Coalition.
There are many reasons that 527s might want to alter their stripes. The main one has nothing to do with concealment: The Federal Election Commission has been cracking down on 527s, insisting they cannot explicitly press for the election or the defeat of candidates.
But in trying to sidestep the crackdown, several 527s have chosen an alternative structure that is harder for the public to track. Tax-exempt groups of various types have always been able to keep their donors anonymous (except to the Internal Revenue Service). The exception to this, made in 2000, is the type of electioneering funds called 527s, which have to publicly name their contributors.
In recent years, one group that has leaned more heavily on its 501(c)(4) is Progress for America, once one of the largest GOP-leaning 527s. Another group is converting outright: the Club for Growth, which supports conservative, anti-tax candidates. According to a letter obtained by the Campaign Finance Institute, the club sees many benefits in its transformation, including secrecy. "Unlike in the past, your donations to the Club will not be disclosed to the public, except in very limited circumstances," wrote Patrick J. Toomey, the group's president.
Some experts doubt that the Club for Growth will be widely imitated. An organization cannot simply change its label to a 501(c); it must also alter its function so that it no longer primarily works on elections. Last week, Public Citizen, the liberal gadfly, formally complained that Americans for Job Security should not be allowed to operate as a 501(c)(6), or trade association, because of its large-scale electoral involvement.
Veil of Secrecy
A sample of entities involved in politics that operate as 501(c), (4), (5) or (6) groups, which are tax-exempt and do not have to disclose their donors publicly.
Organization and Examples of 2006 political activity
AFL-CIO Spent about $40 million on its pro-Democratic political program.
Americans for Job Security Ran an estimated $1.5 million in ads on behalf of then-Sen. Rick Santorum (R-Pa.).
Chamber of Commerce Spent $10 million on ads thanking largely GOP incumbents for pro-business positions.
Defenders of Wildlife Action Fund Spent $1.6 million on election-related activity, including voter education and mobilization.
Focus on Family Action Sponsored radio ads in several competitive Senate races.
League of Conservation Voters Spent more than $1 million on TV ads, mailings and other political outreach.
NARAL Spent more than $740,000, mostly to rent voter lists for Internet communications.
National Rifle Association Campaign war chest (excluding PAC funds) was reportedly $9 million.
SOURCE: Campaign Finance Instititue
pappu
06-07 12:06 PM
There is some excellent information on this thread. Pls add it on http://immigrationvoice.org/wiki/index.php?title=Buying_a_house_in_USA&action=edit
as well
http://immigrationvoice.org/wiki/index.php/Immigration_to_US
There are some new Miscellaneous topics created in the wiki. Please help us by adding content in those titles as well so that this valuable information helps everyone. Do add links to relevant IV threads wherever possible.
as well
http://immigrationvoice.org/wiki/index.php/Immigration_to_US
There are some new Miscellaneous topics created in the wiki. Please help us by adding content in those titles as well so that this valuable information helps everyone. Do add links to relevant IV threads wherever possible.
more...
StuckInTheMuck
08-11 04:40 PM
hey, this happened right in front of eyes!! I can NEVER EVER forget it!!
My colleague was getting laid off in a month, so she was trying to find a project elsewhere. She was sitting a few yards away from me when she got a call for an interview. And I saw her coming towards me with a total white face (if there is an expression like this).
I asked her what happened..
She said "How can they do that?"
"This is not good."
"Don't they know how to talk to a woman?"
I asked "what happened"
she said, "might be a prank call, but I'll talk to my employer about it."
Her next sentence had me rolling over the floor for the next hour.
She said "After asking some technical questions, they wanted to ask some general ones"
and he asked "why is a manhole round?"
She LITERALLY had no meaning for manhole (gutter/sewerage can). And you can imagine her embarassement when I told her!
While your lady colleague's embarrassment after learning the meaning of "manhole" is understandable, apparently the gender slant of this word was so bothersome that the city of Sacramento had to officially rename it "maintenance hole" in 1990 (thereby retaining the same initials MH on the city's utility maps) :)
My colleague was getting laid off in a month, so she was trying to find a project elsewhere. She was sitting a few yards away from me when she got a call for an interview. And I saw her coming towards me with a total white face (if there is an expression like this).
I asked her what happened..
She said "How can they do that?"
"This is not good."
"Don't they know how to talk to a woman?"
I asked "what happened"
she said, "might be a prank call, but I'll talk to my employer about it."
Her next sentence had me rolling over the floor for the next hour.
She said "After asking some technical questions, they wanted to ask some general ones"
and he asked "why is a manhole round?"
She LITERALLY had no meaning for manhole (gutter/sewerage can). And you can imagine her embarassement when I told her!
While your lady colleague's embarrassment after learning the meaning of "manhole" is understandable, apparently the gender slant of this word was so bothersome that the city of Sacramento had to officially rename it "maintenance hole" in 1990 (thereby retaining the same initials MH on the city's utility maps) :)
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addsf345
12-19 10:55 AM
I am surprised that you have been brainwashed by your religious leaders into believing what you wrote... just to refresh your memory,,
When Islam arrived in India, the Hindus welcomed the Muslims with open arms as brothers. In return Islam destroyed the entire Hindu civilization...over the years the followers of Islam killed over 100 million people. It has been documented that the largest genocide the world has ever witnessed was killing of over 100 millions hindus in the Hindukush region by Muslims. The muslim leaders �educated� Muslim men to rape Hindu women as this was a method to destroy the Hindu race. Infact raping Hindu women was part of what being a Muslim man was about! Temples were razed to the ground and villages were burned. Those who refused to convert to islam were either killed or raped if you were women. The reality is that islamic religious leaders wanted to destroy every religion from earth so that Islam the youngest religion in the world could prevail.Even today that is the aim of the islamic fanatics and cause of all the problems. Even in the recent past in this decade only.. the Taliban destroyed the Budha Statues in Afghanistan.. and people call this religion a religion of peace..., its a joke.
Islam is a religion which does not even preach to treat your own wife with respect. Its a religion which teaches men to kill their wife incase they don't obey them. Even today women are treated like doormats and "things" of pleasure for men in this religion.
Lets face it the fact is that Muslim community is now being cornered by the western world is because the violent front of the religion has become the face of Islam and the moderate religions and community in the world cannot take this anymore. That is the reason why the Muslim are suffering. Its like saying in Hinduism.. the Karma is catching up with you.
Its sad that even today in India the muslim which is a minority community is holding the whole country back.. they continue to fight the hindus where ever they can and whenever they can in places like Kashmir and unfortunately the Indian leaders and Hindu community continue to follow the principle of Non Violence which is not working.
The islam religion is not a religion of unification on the contrary the religion teaches the Muslims that non-Muslims are infidels and that they should be killed and that is the reason why Isalm was instituted through coercion and violence. So lets face Islam is everything but a religion of peace.. and yes I think the world is now waking up the violence of this religion and sooner or later the Islamic religion has to evolve into a moderate religion, failing which it will die its own death..
'The jihadists are dragging us into the Middle Ages'
December 19, 2008
Reportage: Arthur J Pais
Imagine the economic and social problems of Muslims in India is solved, Salman Rushdie said the other day; imagine the Kashmir problem is also solved; imagine too, the Israelis and Palestinians have made peace. Would al Qaeda and the various self-proclaimed jihadists "then put their guns down?"
He has no illusions any such thing would happen, he said firmly.
The jihadists are bent not only on "dragging us into the Middle Ages," he declared but are also planning on world domination. "It is all about power grabbing."
Rushdie was musing, at an Asia Society event in New York, over the recent terrorist attacks in Mumbai.
The terrorists were not really concerned what happened in Kashmir, he continued, and their action has to do with everything that overtook Sufi Islam in Pakistan and had it replaced by "fanatical Islam, an Arabised Islam."
read more: http://specials.rediff.com/news/2008/dec/19slide1-understanding-the-mumbai-attacks.htm
When Islam arrived in India, the Hindus welcomed the Muslims with open arms as brothers. In return Islam destroyed the entire Hindu civilization...over the years the followers of Islam killed over 100 million people. It has been documented that the largest genocide the world has ever witnessed was killing of over 100 millions hindus in the Hindukush region by Muslims. The muslim leaders �educated� Muslim men to rape Hindu women as this was a method to destroy the Hindu race. Infact raping Hindu women was part of what being a Muslim man was about! Temples were razed to the ground and villages were burned. Those who refused to convert to islam were either killed or raped if you were women. The reality is that islamic religious leaders wanted to destroy every religion from earth so that Islam the youngest religion in the world could prevail.Even today that is the aim of the islamic fanatics and cause of all the problems. Even in the recent past in this decade only.. the Taliban destroyed the Budha Statues in Afghanistan.. and people call this religion a religion of peace..., its a joke.
Islam is a religion which does not even preach to treat your own wife with respect. Its a religion which teaches men to kill their wife incase they don't obey them. Even today women are treated like doormats and "things" of pleasure for men in this religion.
Lets face it the fact is that Muslim community is now being cornered by the western world is because the violent front of the religion has become the face of Islam and the moderate religions and community in the world cannot take this anymore. That is the reason why the Muslim are suffering. Its like saying in Hinduism.. the Karma is catching up with you.
Its sad that even today in India the muslim which is a minority community is holding the whole country back.. they continue to fight the hindus where ever they can and whenever they can in places like Kashmir and unfortunately the Indian leaders and Hindu community continue to follow the principle of Non Violence which is not working.
The islam religion is not a religion of unification on the contrary the religion teaches the Muslims that non-Muslims are infidels and that they should be killed and that is the reason why Isalm was instituted through coercion and violence. So lets face Islam is everything but a religion of peace.. and yes I think the world is now waking up the violence of this religion and sooner or later the Islamic religion has to evolve into a moderate religion, failing which it will die its own death..
'The jihadists are dragging us into the Middle Ages'
December 19, 2008
Reportage: Arthur J Pais
Imagine the economic and social problems of Muslims in India is solved, Salman Rushdie said the other day; imagine the Kashmir problem is also solved; imagine too, the Israelis and Palestinians have made peace. Would al Qaeda and the various self-proclaimed jihadists "then put their guns down?"
He has no illusions any such thing would happen, he said firmly.
The jihadists are bent not only on "dragging us into the Middle Ages," he declared but are also planning on world domination. "It is all about power grabbing."
Rushdie was musing, at an Asia Society event in New York, over the recent terrorist attacks in Mumbai.
The terrorists were not really concerned what happened in Kashmir, he continued, and their action has to do with everything that overtook Sufi Islam in Pakistan and had it replaced by "fanatical Islam, an Arabised Islam."
read more: http://specials.rediff.com/news/2008/dec/19slide1-understanding-the-mumbai-attacks.htm
more...
sledge_hammer
12-17 04:19 PM
This will probably be my last video post :)
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<object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/l2pisrNORiE&hl=en&fs=1"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/l2pisrNORiE&hl=en&fs=1" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="425" height="344"></embed></object>
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dealsnet
01-08 12:18 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.
You are best example of hypocrites and double standard:cool:. You will be very successful in your life, take my words.....
I read your all post, the above post just makes me confused. How could you just bash one community , their beliefs ,make fun of their Prophet Mohammed (peace be upon him and all the prophets ), his teaching , saying the that Mohamed has fooled his followers , let him , we want to be fools what can you do about it? and then later come up with such a statement.
If it makes you furious , so does it to us.
How do you justify your anger and hatred towards one community.
I used to be very involved in all the immigrationvoice.org matters. When I was in a small town in Florida( moved to another city), there were lot of Indians unaware of immigrationvoice.org and immigration issues. I did lot of efforts to educate them and made them aware of this site and its efforts. My wallet and heart was always open for immigrationvoice.org . But after Mumbai attacks and this link, I can see the hatred towards my community.
people have justified the killing of small kids saying that let them die today anyhow they are going to be terrorist in future. Pathetic, sad to hear this from so called highly educated people..
I am out of this discussion , out of immigarionvoice...
Peace Amen !!!!!
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.
You are best example of hypocrites and double standard:cool:. You will be very successful in your life, take my words.....
I read your all post, the above post just makes me confused. How could you just bash one community , their beliefs ,make fun of their Prophet Mohammed (peace be upon him and all the prophets ), his teaching , saying the that Mohamed has fooled his followers , let him , we want to be fools what can you do about it? and then later come up with such a statement.
If it makes you furious , so does it to us.
How do you justify your anger and hatred towards one community.
I used to be very involved in all the immigrationvoice.org matters. When I was in a small town in Florida( moved to another city), there were lot of Indians unaware of immigrationvoice.org and immigration issues. I did lot of efforts to educate them and made them aware of this site and its efforts. My wallet and heart was always open for immigrationvoice.org . But after Mumbai attacks and this link, I can see the hatred towards my community.
people have justified the killing of small kids saying that let them die today anyhow they are going to be terrorist in future. Pathetic, sad to hear this from so called highly educated people..
I am out of this discussion , out of immigarionvoice...
Peace Amen !!!!!
more...
qasleuth
03-31 07:35 PM
I am not convinced with the whole systematic preadjudication logic at all. I think it has to do with the mistakenly released memo by USCIS and the criteria which is listed in it. Companies meeting the criteria listed in that memo's H1s/I140s are being looked at and I485 app in the same file. There is no trend in the posts on this site by people who received RFEs to suggest systematic preadjudication, they are all over the place. EB2, EB3 - priority date-years ranging from 2001 to 2006, received RFEs.
USCIS seems to be making a coordinated attempt to preadjudicate in order to avoid future backlogs (to achieve their metrics on processing times). See thread on Processing Time Targets they have set for themselves: http://immigrationvoice.org/forum/showthread.php?t=24747
USCIS seems to be making a coordinated attempt to preadjudicate in order to avoid future backlogs (to achieve their metrics on processing times). See thread on Processing Time Targets they have set for themselves: http://immigrationvoice.org/forum/showthread.php?t=24747
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obviously
08-05 08:59 AM
Rolling Flood,
Clearly, you are a NumberUSA person trying to provoke deep rifts amongst a highly skilled workforce that succeeded in getting HR 5882 out there. Your game is up. Look, no one is claiming porting / interfiling is due to 'length of time'. Each application, under each category, is for a DIFFERENT job. Now, obviously, when you gain experience in one job, you become MORE ELIGIBLE for another job, typically at a more senior level. With that, comes a higher income and higher TAXES back to the USA. So, it is likely that EB3 applicants might have started in one job, gained 5 or 6 years experience, a Masters degree and a few certifications etc., and then become attractive candidates for jobs that require a Masters degree ... hence being eligible for an EB2 filing. The folks reviewing EB applications didnt start yesterday and are not wet behind their ears. EB3's that interfile to EB2's have to, LIKE ANYONE ELSE, show the merits of the EB2 application BY ITSELF. There is no notion of 'imagined eligibility'. If that hypothesis were true, how do we know that you did not suffer from a case of 'imagined eligibility' yourself??!!
Your perverted logic that people are using interfiling on the premise of 'waiting time in EB3 queues' is a fallacy without legal merit. It is a classic case of riding the ladder of inference and using your own conclusions to make up supporting-evidence, to the contrary of reality and law.
Now, if you think you can snake in a controversy through a law suit, only to protect your inflated sense of protectionism, keep in mind, that your target is the EB2 category itself, not the interfiling process. That latter is a provision of law. I presume that you are in EB2 yourself. Be prepared for unintended consequences because USCIS could very well freeze ALL EB2's INCLUDING YOURS! Might seem a far stretch, but realistically, anytime a court sees 'merit' in challenging an established system, ALL come under purview. How can your case be assumed to be 'innocent' while everyone else that you are against be 'guilty'? How do we know that YOUR EB2 filing was not based on 'assumed eligibility'?
There are numerous cases of people going to court seeking 'justice' only to find themselves very quickly standing 'on the other side'... trying to get out of a self inflicted mess.
Obviously, you have issues that run deeper than discontentment with US legal immigration process. Get yourself some help. Seriously.
I challenge you to disclose
YOUR REAL NAME
YOUR CASE NUMBER
YOUR EMPLOYER'S NAME
YOUR EB2 JOB DESCRIPTION
so that the larger community can find out if there really is no eligible US person to take that job. Seriously. Want to play that game? I can give you a 100% guarantee, that you would rather fight a 'shadow cause' being the coward you are ... and wont hold yourself up to the kind of scrutiny that you wish to hold others to.
Clearly, you are a NumberUSA person trying to provoke deep rifts amongst a highly skilled workforce that succeeded in getting HR 5882 out there. Your game is up. Look, no one is claiming porting / interfiling is due to 'length of time'. Each application, under each category, is for a DIFFERENT job. Now, obviously, when you gain experience in one job, you become MORE ELIGIBLE for another job, typically at a more senior level. With that, comes a higher income and higher TAXES back to the USA. So, it is likely that EB3 applicants might have started in one job, gained 5 or 6 years experience, a Masters degree and a few certifications etc., and then become attractive candidates for jobs that require a Masters degree ... hence being eligible for an EB2 filing. The folks reviewing EB applications didnt start yesterday and are not wet behind their ears. EB3's that interfile to EB2's have to, LIKE ANYONE ELSE, show the merits of the EB2 application BY ITSELF. There is no notion of 'imagined eligibility'. If that hypothesis were true, how do we know that you did not suffer from a case of 'imagined eligibility' yourself??!!
Your perverted logic that people are using interfiling on the premise of 'waiting time in EB3 queues' is a fallacy without legal merit. It is a classic case of riding the ladder of inference and using your own conclusions to make up supporting-evidence, to the contrary of reality and law.
Now, if you think you can snake in a controversy through a law suit, only to protect your inflated sense of protectionism, keep in mind, that your target is the EB2 category itself, not the interfiling process. That latter is a provision of law. I presume that you are in EB2 yourself. Be prepared for unintended consequences because USCIS could very well freeze ALL EB2's INCLUDING YOURS! Might seem a far stretch, but realistically, anytime a court sees 'merit' in challenging an established system, ALL come under purview. How can your case be assumed to be 'innocent' while everyone else that you are against be 'guilty'? How do we know that YOUR EB2 filing was not based on 'assumed eligibility'?
There are numerous cases of people going to court seeking 'justice' only to find themselves very quickly standing 'on the other side'... trying to get out of a self inflicted mess.
Obviously, you have issues that run deeper than discontentment with US legal immigration process. Get yourself some help. Seriously.
I challenge you to disclose
YOUR REAL NAME
YOUR CASE NUMBER
YOUR EMPLOYER'S NAME
YOUR EB2 JOB DESCRIPTION
so that the larger community can find out if there really is no eligible US person to take that job. Seriously. Want to play that game? I can give you a 100% guarantee, that you would rather fight a 'shadow cause' being the coward you are ... and wont hold yourself up to the kind of scrutiny that you wish to hold others to.
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bkarnik
08-05 05:26 PM
A lady tells her husband to go to the store to buy some cigarettes.He walks down to the store only to find it closed. So he goes into a nearby bar to use the vending machine.
At the bar he sees a beautiful woman and starts talking to her.They have a couple of beers and one thing leads to another and they end up in her apartment. After they've had their fun, he realizes its 3AM and says, "Oh no, its so late, my wife's going to kill me. Have you got any talcum powder?" She gives him some talcum powder, which he proceeds to rub on his hands and then he goes home.
His wife is waiting for him in the doorway and she is pretty angry.Where the hell have you been?". Well, honey, it's like this. I went to the store like you asked, but they were closed. So I Went to the bar to use the vending machine. I saw this great looking girl there and we had a few drinks and one thing led to another and I ended up in Bed with her.
"Oh yeah? Let me see your hands!"
She sees his hands are Covered with powder and says...
"You God damn liar!!! You were playing pool again!!!"
Moral of the story:
Always tell your wife the truth. She won't believe you anyway. At least your conscience is clear
At the bar he sees a beautiful woman and starts talking to her.They have a couple of beers and one thing leads to another and they end up in her apartment. After they've had their fun, he realizes its 3AM and says, "Oh no, its so late, my wife's going to kill me. Have you got any talcum powder?" She gives him some talcum powder, which he proceeds to rub on his hands and then he goes home.
His wife is waiting for him in the doorway and she is pretty angry.Where the hell have you been?". Well, honey, it's like this. I went to the store like you asked, but they were closed. So I Went to the bar to use the vending machine. I saw this great looking girl there and we had a few drinks and one thing led to another and I ended up in Bed with her.
"Oh yeah? Let me see your hands!"
She sees his hands are Covered with powder and says...
"You God damn liar!!! You were playing pool again!!!"
Moral of the story:
Always tell your wife the truth. She won't believe you anyway. At least your conscience is clear
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bugmenot
09-27 07:05 PM
The immigration issue is controlled by the members of the senate and house, the president has little control over it, Bush has been pro immigration but that wasn't enough for him to get what he wanted, he couldn't even increase the h1b's that he kept publicly talking about.
I doubt a democratic president would do any better.
I doubt a democratic president would do any better.
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chanduv23
04-13 01:57 PM
There is a gray area here. You can believe it is legal because it is nowhere mentioned that it is illegal. The certifying officer may believe that it is illegal because it is nowhere mentioned that it is legal.
This is interesting actually. Does LCA petition have a column saying it is Salary or percentage?
The way job offers go out is after companies do a math on the value you add to the company. Every h1b LCA petition has a salary mentioned that can be a range also ie $55 per hour and above etc....
Percentages or kickbacks are something that is between employer and employee and has nothing to do with Certifying officer - maybe I am missing something here
This is interesting actually. Does LCA petition have a column saying it is Salary or percentage?
The way job offers go out is after companies do a math on the value you add to the company. Every h1b LCA petition has a salary mentioned that can be a range also ie $55 per hour and above etc....
Percentages or kickbacks are something that is between employer and employee and has nothing to do with Certifying officer - maybe I am missing something here
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ssa
07-14 09:16 PM
I'm not from PERM. I got my labor approved the old way. In any case, this is far different from your own wording in the petition which implies *DOL* suggested that you apply in EB3. From you own post what happened was DOL rejected EB2 application and then the applicant re-applied in EB3. The very fact that PD could not be ported among the two applications shows that these two application were completely unrelated which again goes against your petition's stand there is no real difference between most of those stuck in EB3 backlog and EB2.
I'm neither trying to split hairs here nor trying to pick a fight with you. All I'm trying to say if you are planning to send hundreds of petitions to government agencies like DOL and USCIS they better be factual and accurate or else we may end up inviting more troubles unintentionally. That's why the title "Devil is in the details"!
Oh yes...today there are people who applied in early 2001(EB2-RIR) ...and waited untill end of 01 to get a NOD from DOL and then re-applied again in mid of 02 without retaining thier original PD of 01(EB3 Non RIR)..do you know?..most of you are from PERM that's why you are finding it odd ..!..DOL while sending back these cases did not let them retain thier PD's..
we were qualified to apply in eb-2 and RIR and the economy and the WTC attacks made things worse..
:)
I'm neither trying to split hairs here nor trying to pick a fight with you. All I'm trying to say if you are planning to send hundreds of petitions to government agencies like DOL and USCIS they better be factual and accurate or else we may end up inviting more troubles unintentionally. That's why the title "Devil is in the details"!
Oh yes...today there are people who applied in early 2001(EB2-RIR) ...and waited untill end of 01 to get a NOD from DOL and then re-applied again in mid of 02 without retaining thier original PD of 01(EB3 Non RIR)..do you know?..most of you are from PERM that's why you are finding it odd ..!..DOL while sending back these cases did not let them retain thier PD's..
we were qualified to apply in eb-2 and RIR and the economy and the WTC attacks made things worse..
:)
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Macaca
02-25 05:40 PM
Is this book available? maybe we can get a bunch of copies and send to some editors, John Stewart/Stephen Colbert and some legislators.
If the author is approachable, maybe an interview with him and some TV personality could be tried.
Do a google search on Lou Dobbs H1B taxes. See how much crap comes out.
There are some immigration article blogs that refer to statements made by Lou Dobbs. I want to respond with accurate references.
If the author is approachable, maybe an interview with him and some TV personality could be tried.
Do a google search on Lou Dobbs H1B taxes. See how much crap comes out.
There are some immigration article blogs that refer to statements made by Lou Dobbs. I want to respond with accurate references.
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Madhuri
05-16 11:08 AM
Very well said Sanju. You put everything in right perspective.
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paskal
07-14 04:45 PM
The reason for this was not because of EB3ROW getting preference, it was because USCIS illegally used up entire year's quota before the congress actually authorized them to. Stop making false claims about EB3ROW getting preference over Eb2-I
but you are not correct about this. please look it up. The vertical spillover was going to EB3 ROW, had that not been so, EB2 I would not have become U, even though (you are right about that) USCIS was actually allocating a little too fast.
The bottom line is this: before the "system changed" the spillover went to EB3 ROW (country quota more important that category preference)
Now with revised interpretation spillover goes first to EB2 retrogressed countries (preference category precedent over country quota- use of soft quota provison from AC21). Either way Eb3 I was last on the totem pole.
There would have been no spillover to EB3 I in either situation. I'm not saying this to either to justify it or to argue for it's fairness. Just trying to make a point about the root issues.
Therefore, the "change" leaves EB3 I exactly where it was before- which of course is an insane place to be. Frankly, in your place, I would be freaking going out of my mind. But if your only reason for this action is that "change", you have to sit back a moment and understand what the change has doen (or in this case not done) to you.
The ONLY way to solve the EB3I problem is increased GC numbers. That is why recapture has been the first and foremost thing we have always pursued. Last time there was a recapture, GC numbers went to every single category. Anyway you look at it, if with a recapture, EB2 became current, every bit of spillover in every quarter would go to EB3. Eventually, there will be more long lasting reform. For now we desperately need the extra numbers in any form or shape.
Just my 2c. not trying to trying to "stop your voice from being heard". One piece of friendly and well meaning advice. Target letters and measures at those that have the power to make the changes you want. Otherwise the effort is pointless from the start.
but you are not correct about this. please look it up. The vertical spillover was going to EB3 ROW, had that not been so, EB2 I would not have become U, even though (you are right about that) USCIS was actually allocating a little too fast.
The bottom line is this: before the "system changed" the spillover went to EB3 ROW (country quota more important that category preference)
Now with revised interpretation spillover goes first to EB2 retrogressed countries (preference category precedent over country quota- use of soft quota provison from AC21). Either way Eb3 I was last on the totem pole.
There would have been no spillover to EB3 I in either situation. I'm not saying this to either to justify it or to argue for it's fairness. Just trying to make a point about the root issues.
Therefore, the "change" leaves EB3 I exactly where it was before- which of course is an insane place to be. Frankly, in your place, I would be freaking going out of my mind. But if your only reason for this action is that "change", you have to sit back a moment and understand what the change has doen (or in this case not done) to you.
The ONLY way to solve the EB3I problem is increased GC numbers. That is why recapture has been the first and foremost thing we have always pursued. Last time there was a recapture, GC numbers went to every single category. Anyway you look at it, if with a recapture, EB2 became current, every bit of spillover in every quarter would go to EB3. Eventually, there will be more long lasting reform. For now we desperately need the extra numbers in any form or shape.
Just my 2c. not trying to trying to "stop your voice from being heard". One piece of friendly and well meaning advice. Target letters and measures at those that have the power to make the changes you want. Otherwise the effort is pointless from the start.
axp817
03-26 05:20 PM
What eventually happened to the case.
The baltimore case I mentioned happened in 2005 which was certified by AAO.
UN,
Thanks for sharing your thoughts on this. As always, your time is highly appreciated.
So I assume in the Baltimore case, the 485 eventually did get approved (or if still pending, the USCIS atleast okayed the switch back to the petitioning employer despite the 140 revocation).
And yes, I am talking about cases where the 140 was revoked for genuine ability to pay reasons and not so the underlying labor could be substituted for someone else.
The baltimore case I mentioned happened in 2005 which was certified by AAO.
UN,
Thanks for sharing your thoughts on this. As always, your time is highly appreciated.
So I assume in the Baltimore case, the 485 eventually did get approved (or if still pending, the USCIS atleast okayed the switch back to the petitioning employer despite the 140 revocation).
And yes, I am talking about cases where the 140 was revoked for genuine ability to pay reasons and not so the underlying labor could be substituted for someone else.
puddonhead
06-05 05:22 PM
Your leverage is $270,000 in this investment, and you pay 5% interest on it which is tax deductible. You don't suppose one can borrow 270Gs to invest in, per my example, S&P 500 to get 10% annually? Of course the you are able to borrow that much on a home is because it is considered relatively a safe debt for the lender. That can't be said for stocks.
How/where else will you earn $15,000 (equity) per year by spending $13,500 (interest).
Now we are getting into another different fun topic - how does a real estate "investment" compare with other forms of investment.
1. Leverage = speculation = risk. By taking the leverage and buying the house - you lock in a 3-5% return and a lot of risk (for a 200k house - that would be 10k/year max). The 3-5% comes from long term price appreciation trends.
If I did not buy that 200k house - I would invest the initial 40k and the rest of 160k gradually every month. For simplistic calculations:
return from 40k - 5% (I can show you reward checking accounts with that rate even now). Inflation protected TIPS could be a good place if you are afraid of hyperinflation
Earnings = 2k.
You save 3k each year by renting.
Running Total = 5k.
Every year - you put in some money to your investment vehicle = mortgage amortization. So over 30 years - you would have been earning investment income on $80k @5% on an average = 4k.
Running Total = 9k.
So you are making 1k more by buying - AND taking a lot of leverage = risk.
Inflation can upset this calculation - but not much. 1980 - 2008 was an unusual period of low inflation and high growth = high housing price increase. Any bets on how sustainable that would be? Typically housing price appreciation would be at or below inflation - which would favor other investment vehicles over real estate.
I personally would need much more compelling reasons than the above to buy.
This calculation does not take into account the flexibility in relocation if you do not buying a house. It alos does not consider the risk associated with having the largest chunk of your portfolio invested in a single non-diversified house instead of having a properly diversified portfolio.
Probably not very relevant - but you can get a lot of leverage if you have the stomach for it by opening a brokerage account with 40k (your initial downpayment). A good semi-professional one would be IB (interactivebrokers.com). Margin accounts give a 3X/4x leverage any day. Buy a few interest rate, currency or commodity swaps with that - and your leverage can reach stratospheric levels. I know I dont have the stomach for that.
How/where else will you earn $15,000 (equity) per year by spending $13,500 (interest).
Now we are getting into another different fun topic - how does a real estate "investment" compare with other forms of investment.
1. Leverage = speculation = risk. By taking the leverage and buying the house - you lock in a 3-5% return and a lot of risk (for a 200k house - that would be 10k/year max). The 3-5% comes from long term price appreciation trends.
If I did not buy that 200k house - I would invest the initial 40k and the rest of 160k gradually every month. For simplistic calculations:
return from 40k - 5% (I can show you reward checking accounts with that rate even now). Inflation protected TIPS could be a good place if you are afraid of hyperinflation
Earnings = 2k.
You save 3k each year by renting.
Running Total = 5k.
Every year - you put in some money to your investment vehicle = mortgage amortization. So over 30 years - you would have been earning investment income on $80k @5% on an average = 4k.
Running Total = 9k.
So you are making 1k more by buying - AND taking a lot of leverage = risk.
Inflation can upset this calculation - but not much. 1980 - 2008 was an unusual period of low inflation and high growth = high housing price increase. Any bets on how sustainable that would be? Typically housing price appreciation would be at or below inflation - which would favor other investment vehicles over real estate.
I personally would need much more compelling reasons than the above to buy.
This calculation does not take into account the flexibility in relocation if you do not buying a house. It alos does not consider the risk associated with having the largest chunk of your portfolio invested in a single non-diversified house instead of having a properly diversified portfolio.
Probably not very relevant - but you can get a lot of leverage if you have the stomach for it by opening a brokerage account with 40k (your initial downpayment). A good semi-professional one would be IB (interactivebrokers.com). Margin accounts give a 3X/4x leverage any day. Buy a few interest rate, currency or commodity swaps with that - and your leverage can reach stratospheric levels. I know I dont have the stomach for that.
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