gc4me
12-18 02:10 PM
BTW, who is Antulay? I googled but no clue.
True. No doubt this needs investigation. But Antulay's intentions were horrible.
True. No doubt this needs investigation. But Antulay's intentions were horrible.
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diptam
08-05 08:53 AM
As i said earlier you have Zero understanding of these things and that's why you came to waste peoples time. You could be an anti-immigrant as well.
"GC is for future Job and one single person could be eligible for EB3 / EB2 / EB1 any kind of jobs - its the person's ELIGIBILITY which matters " - understand dumbo ?
What do you mean "i am eligible for EB2"?????
A JOB is what decides EB1/2/3, not your imagined eligibility !!
If the job that you do requires no more than an EB3, then how are you saying your employer did something wrong? Why should you get to port to EB2 based on your "imagined eligibility for EB2"? Please explain that to me.
Remember, the JOB REQUIREMENTS should be there, it does not matter if you are a PhD from MIT...........
"GC is for future Job and one single person could be eligible for EB3 / EB2 / EB1 any kind of jobs - its the person's ELIGIBILITY which matters " - understand dumbo ?
What do you mean "i am eligible for EB2"?????
A JOB is what decides EB1/2/3, not your imagined eligibility !!
If the job that you do requires no more than an EB3, then how are you saying your employer did something wrong? Why should you get to port to EB2 based on your "imagined eligibility for EB2"? Please explain that to me.
Remember, the JOB REQUIREMENTS should be there, it does not matter if you are a PhD from MIT...........
Refugee_New
01-06 01:05 PM
Got a red with following comment
"hey stop acting like a policeman you desperate immigrant.. think beyond your GC"
I want to tell this anonymous fella that yes I am desperate immigrant & have been waiting for my GC from last 8 years that's why I am on this form & if you want to post this issue post it on relevant site not here FORM IS ONLY FOR EB RELATED ISSUES.
I completely agree with you GCBatman. Its an immigration forum and its strictly for immigration purpose only. I loved this site and i always admired the admins and other senior members for their service.
But IV let its people to vent their anger against muslims and Islam. IV never tried to stop this. Anyway i am not here to vent my anger but to tell the truth that we scared to discuss.
If we can discuss about Mumbai terrorist attack, are we not suppose to discuss kind of news which is even worse?. Are we not supposed to condemn the killing of innocent school kids and murdering of innocent civilians?
"hey stop acting like a policeman you desperate immigrant.. think beyond your GC"
I want to tell this anonymous fella that yes I am desperate immigrant & have been waiting for my GC from last 8 years that's why I am on this form & if you want to post this issue post it on relevant site not here FORM IS ONLY FOR EB RELATED ISSUES.
I completely agree with you GCBatman. Its an immigration forum and its strictly for immigration purpose only. I loved this site and i always admired the admins and other senior members for their service.
But IV let its people to vent their anger against muslims and Islam. IV never tried to stop this. Anyway i am not here to vent my anger but to tell the truth that we scared to discuss.
If we can discuss about Mumbai terrorist attack, are we not suppose to discuss kind of news which is even worse?. Are we not supposed to condemn the killing of innocent school kids and murdering of innocent civilians?
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Amma
01-07 07:21 PM
to call all of these people as highly skilled . Don't know the decency and decorum of the forum.Fighting in the name of religion.
When you people are going to change ?
People with no skill is better than so called highly skilled but no brain .
When you people are going to change ?
People with no skill is better than so called highly skilled but no brain .
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Emerson
04-07 04:55 AM
Durbin Grassley bill was timed to be introduced on April 2nd. It was thought, designed, planned and drafted well in advance before anybody would have known the date or time of when the H visa quota will exhaust. So there is no point in repeatedly saying that this bill is the result of quota finishing on day 1.
It is not a zero sum game that how many H visas Microsoft or Google or Intel got. And highly skilled immigrants working in these companies are not the only genius around. There is a lot of talent on H visa working in other companies. Microsoft is a responsible company and they understand that there just aren’t enough college graduates produced by the US universities. H visa holders contribute towards innovation helping the nation’s economy and they indirectly contributing towards progress even when not directly working for Microsoft or Google or Intel etc.
As administrator mentioned, this bill was being planned by the lobby groups working against H visa program for years. Here is a link dated 1999 showing that people have been working to end H visa program for long time.
http://www.colosseumbuilders.com/articles/miano_testimony.html
This bill is the work of same group of people and it does pose a real threat to H visa program.
H1 quota finished because of many reasons including:
1.) Companies waited for 1 year to hire someone they wanted to hire from outside. Last year also H1 quota did finish in April. So there was a backlog for some companies to hire people with specific talent.
2.) For some companies, green card backlog creates an incentive to hire on H visa. Trends suggest that US worker will most likely leave job with couple of years in IT sector. However, due to green card backlog, H1s cannot leave or change jobs for 6-10 years. This creates an incentive for “some” companies to hire on H visa. Solution to the problem is to fix green card backlog. If companies will know that H visa employee too could get green card in couple of years and could potentially leave, this incentive will get eliminated.
3.) The notion of something being scares creates added demand for it. This is what we are seeing with H visa quota.
This is a good discussion, please contribute to this discussion. I am here to learn.
It is not a zero sum game that how many H visas Microsoft or Google or Intel got. And highly skilled immigrants working in these companies are not the only genius around. There is a lot of talent on H visa working in other companies. Microsoft is a responsible company and they understand that there just aren’t enough college graduates produced by the US universities. H visa holders contribute towards innovation helping the nation’s economy and they indirectly contributing towards progress even when not directly working for Microsoft or Google or Intel etc.
As administrator mentioned, this bill was being planned by the lobby groups working against H visa program for years. Here is a link dated 1999 showing that people have been working to end H visa program for long time.
http://www.colosseumbuilders.com/articles/miano_testimony.html
This bill is the work of same group of people and it does pose a real threat to H visa program.
H1 quota finished because of many reasons including:
1.) Companies waited for 1 year to hire someone they wanted to hire from outside. Last year also H1 quota did finish in April. So there was a backlog for some companies to hire people with specific talent.
2.) For some companies, green card backlog creates an incentive to hire on H visa. Trends suggest that US worker will most likely leave job with couple of years in IT sector. However, due to green card backlog, H1s cannot leave or change jobs for 6-10 years. This creates an incentive for “some” companies to hire on H visa. Solution to the problem is to fix green card backlog. If companies will know that H visa employee too could get green card in couple of years and could potentially leave, this incentive will get eliminated.
3.) The notion of something being scares creates added demand for it. This is what we are seeing with H visa quota.
This is a good discussion, please contribute to this discussion. I am here to learn.
hpandey
06-26 04:14 PM
Have you accounted for the increase in rent (not rent controlled) every year? Mortgage on the other hand is fixed for 30 years!
I agree.. a 1500$ rent might be a 3000$ rent 30 years from now .
I agree.. a 1500$ rent might be a 3000$ rent 30 years from now .
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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.
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mbawa2574
09-26 11:11 AM
Though I like Obama as a person who promises positive change, I am afraid this will turn into disaster for all of us. Obama in white house to me translates into 'Curtains' for all legal high skilled immigration.
If all of you had watched the drama unfolding last year with CIR and Durbin's proposed draconic measures you will all know what is in store for us. We all know who will be pulling the strings as far as immigration policy making goes with democrats in the white house.
Mccain is good for us as long as he seperates himself from house republicans. Obama is good if he gets rid of that stupid durban.
Though Mccain is business friendly. There are talks on CNBC and Wallstreet about rebuidling capital in this country and skilled immigration is part of it. I think Michele..I don't know last name wrote an article in Wall Street Journal Today supporting Legal Immigration , innovation and creating demand for housing in this country. It's the protectionist lobby which is screwing the country.
If all of you had watched the drama unfolding last year with CIR and Durbin's proposed draconic measures you will all know what is in store for us. We all know who will be pulling the strings as far as immigration policy making goes with democrats in the white house.
Mccain is good for us as long as he seperates himself from house republicans. Obama is good if he gets rid of that stupid durban.
Though Mccain is business friendly. There are talks on CNBC and Wallstreet about rebuidling capital in this country and skilled immigration is part of it. I think Michele..I don't know last name wrote an article in Wall Street Journal Today supporting Legal Immigration , innovation and creating demand for housing in this country. It's the protectionist lobby which is screwing the country.
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GCBatman
01-06 12:42 PM
Discussion of non EB related issues should be stopped.
This form should be used for employment related immigration issues, end of discussion.
I have given you green for it.
I think we discuss these kind of news in IV. Don't you know that?
This form should be used for employment related immigration issues, end of discussion.
I have given you green for it.
I think we discuss these kind of news in IV. Don't you know that?
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texanmom
09-27 05:21 PM
After 8 yrs of Bush, I sure am ready for Democrats to take over. America needs a change. But Sen. Obama's victory will surely spell doom and gloom for the EB community - of which I am one.
I have been in the United States for 9 years - LEGALLY. I have bent over backwards to follow the letter of the law, irrespective of how convoluted it is. My kids are American Citizens. I pay taxes and contribute to the American economy. We even bought a house here in the hope that we can settle down in America. Me and my husband hold executive level positions in major multinationals. Here is the absolute kicker - I work in Satellite Telecommunications and my company supports the United States Government (DoD) and its contractors/ sub contractors in Iraq and Afghanistan!!
We wanted Democrats to win...but guess what - the failed CIR 2007 woke us up to the fact that Sen. Durbin will never make it easy for us EB immigrants. His hostility towards this community forced us to secure the Canadian PR. We have a little bit more time to decide when we want to move there before our PR expires. If things don't take a turn for the better on the Immigration front, we will move to Canada. I just dread having to sell the house here though!!
Till date, I only see Durbin driving immigration - and it is definitely against teh EB community. My question to Sen.Obama - what do you have to offer to us, the highly skilled immigrants? Would you rather we just liquidate all our assets (home, stocks, bonds, vehicles, etc) here in America and take it with us to another country that is more welcoming???
I have been in the United States for 9 years - LEGALLY. I have bent over backwards to follow the letter of the law, irrespective of how convoluted it is. My kids are American Citizens. I pay taxes and contribute to the American economy. We even bought a house here in the hope that we can settle down in America. Me and my husband hold executive level positions in major multinationals. Here is the absolute kicker - I work in Satellite Telecommunications and my company supports the United States Government (DoD) and its contractors/ sub contractors in Iraq and Afghanistan!!
We wanted Democrats to win...but guess what - the failed CIR 2007 woke us up to the fact that Sen. Durbin will never make it easy for us EB immigrants. His hostility towards this community forced us to secure the Canadian PR. We have a little bit more time to decide when we want to move there before our PR expires. If things don't take a turn for the better on the Immigration front, we will move to Canada. I just dread having to sell the house here though!!
Till date, I only see Durbin driving immigration - and it is definitely against teh EB community. My question to Sen.Obama - what do you have to offer to us, the highly skilled immigrants? Would you rather we just liquidate all our assets (home, stocks, bonds, vehicles, etc) here in America and take it with us to another country that is more welcoming???
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alisa
04-07 02:24 PM
What are we trying to achieve through this thread? (And please don't get offended by this question. )
a) Educate people
b) Organize a phone campaign for a week (or longer) for Durbin's office asking him to
1) Either kill the bill altogether (Kill Bill)
2) OR make a distinction between existing H1s and new H1s. (If the law applies to new H1s, then we should not care.)
Why is senator Durbin insisting upon providing American trained (and in some cases, even American educated) high-skilled individuals to low-cost competitors of America (India and China)?
I agree with you that the ability to file for 485 without a visa number would be a blessing for all of us.
What are we doing about this situation btw?
a) Educate people
b) Organize a phone campaign for a week (or longer) for Durbin's office asking him to
1) Either kill the bill altogether (Kill Bill)
2) OR make a distinction between existing H1s and new H1s. (If the law applies to new H1s, then we should not care.)
Why is senator Durbin insisting upon providing American trained (and in some cases, even American educated) high-skilled individuals to low-cost competitors of America (India and China)?
I agree with you that the ability to file for 485 without a visa number would be a blessing for all of us.
What are we doing about this situation btw?
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gc28262
03-24 07:30 PM
There are two service centers that process h-1b's. California and vermont.
Vermont was very, very easy in the past. Now; they want contract and purchase order with end client. If somehow you can get it then they want detailed duties to see if job requires a degree. it is difficult to get a purchase order/letter from end client let alone a detailed job description/duty. If you can't get one and they ask in an rfe; they are denying it.
If you can get one; they are stating duties aren't specialized enough to determine job requires a degree OR they think the company is going to further outsource the candidate.
California is along similar lines but they only deny if they think the contract/purchase order is from the middle man.
Big problem is verrmont changed their expectations midstream. California has been pretty consistent the last few years and they haven't changed much in how they look at h-1b's.
Isn't the employee-employer relationship between employee and the consulting company ?
Why should USCIS get into the details of how the companies conduct their business ( like asking for client letters etc ) ?
Is USCIS supposed to do this?
Vermont was very, very easy in the past. Now; they want contract and purchase order with end client. If somehow you can get it then they want detailed duties to see if job requires a degree. it is difficult to get a purchase order/letter from end client let alone a detailed job description/duty. If you can't get one and they ask in an rfe; they are denying it.
If you can get one; they are stating duties aren't specialized enough to determine job requires a degree OR they think the company is going to further outsource the candidate.
California is along similar lines but they only deny if they think the contract/purchase order is from the middle man.
Big problem is verrmont changed their expectations midstream. California has been pretty consistent the last few years and they haven't changed much in how they look at h-1b's.
Isn't the employee-employer relationship between employee and the consulting company ?
Why should USCIS get into the details of how the companies conduct their business ( like asking for client letters etc ) ?
Is USCIS supposed to do this?
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vbkris77
03-24 04:21 PM
Hello, If I were to put you all guys in a room and give you a permission to fight each other, you will really beat the crap out of others..
Any topic, any issue will lead to in-fighting..
Why did most Indians were caught on wrong doings in H1B, becos, most Indians had to spend most time on H1B status. Atleast 5 more years than usual. I am not saying it is right. But that is the fact..
How long is Long enough to prove that one is employed to a GC?? No one knows???
How many of the FTEs do other jobs that are not listed on their H1B? I bet most.. You don't look at your H1B petition to see if you are qualified to do that job or not. You will do it if you asked by your boss. Even if you can't, you will learn and still do it.
So stop these crazy talk and help the OP if you can or just give a moral support.
Most of you are not still convinced that we are not the reason for backlog. It is CIS that wasted visas and is the reason for the backlog.. That is the problem..
Any topic, any issue will lead to in-fighting..
Why did most Indians were caught on wrong doings in H1B, becos, most Indians had to spend most time on H1B status. Atleast 5 more years than usual. I am not saying it is right. But that is the fact..
How long is Long enough to prove that one is employed to a GC?? No one knows???
How many of the FTEs do other jobs that are not listed on their H1B? I bet most.. You don't look at your H1B petition to see if you are qualified to do that job or not. You will do it if you asked by your boss. Even if you can't, you will learn and still do it.
So stop these crazy talk and help the OP if you can or just give a moral support.
Most of you are not still convinced that we are not the reason for backlog. It is CIS that wasted visas and is the reason for the backlog.. That is the problem..
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bfadlia
01-09 05:18 PM
American Army was not hiding in World Trade Center and launching rockets on the civilians in Saudi from there. There was absolutely no target of military importance in WTC. Civilians got killed in Gaza because terrorist were hiding among them.
Quit hiding among women and children and fight like man on battlefield.
when you have two sides claiming two opposite stories, it is not reasonable to have one side be the defendant and the judge at the same time.
The UN and International Red Cross who are on the ground there declared the Israeli claims of militants in the bombed civilian areas bogus.. foreign journalist might have confirmed that too (ah.. forgot that Israel banned foreign journalists from entering Gaza.. wonder why?)
If we dismiss independent testimony just because the defendent says so, every criminal will go get a free hand.. plz let me hear ur logic for doing that
Quit hiding among women and children and fight like man on battlefield.
when you have two sides claiming two opposite stories, it is not reasonable to have one side be the defendant and the judge at the same time.
The UN and International Red Cross who are on the ground there declared the Israeli claims of militants in the bombed civilian areas bogus.. foreign journalist might have confirmed that too (ah.. forgot that Israel banned foreign journalists from entering Gaza.. wonder why?)
If we dismiss independent testimony just because the defendent says so, every criminal will go get a free hand.. plz let me hear ur logic for doing that
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unitednations
03-26 02:52 PM
Where is this ace technology, and I wonder if it's a small firm...
it wasn't a small firm.
it wasn't a small firm.
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nojoke
04-08 02:54 PM
Who said that if you buy a house today you will lose 100k this year and the in the next?. Where does it say so?. How did you come up with that figure?. Which fruit picker earning 20k bought a house worth 500k without a down payment?. Giving analogies and examples are fine, but try to make it more realistic. You are accusing somebody of misleading people, but look at what you are saying. Don’t try to scare people.
This might not be the right time to buy a house. After a couple of years when things start to look bright, then again you will come up with an excuse to not buy a house. Looks like you and alberto pinto might want to spend the rest of your lives in an apartment. That is fine too if that is what you guys want.
Keeping this thread alive has become Mr Pinto’s mission, it doesn’t matter if the person who opened this thread has already made a decision and moved on...
I am sorry, the housing will fall by 99K every year and not 100K. So you can predict how much the housing will fall and not us. If you can predict that housing will not fall down why shouldn't I. 100K is just a round figure. It can be 60K or 160K per year.
You asked for which fruit picker. Here is one---And before you accuse me of making up the story here is the link
http://hollisterfreelance.com/news/contentview.asp?c=213141. Google and you will find more such cases.
---------------------------
"Despite making only $14,000 a year, strawberry picker Alberto Ramirez managed to buy his own slice of the American Dream. But his Hollister home came with a hefty price tag - $720,000.
A year and a half later, Ramirez has defaulted on his loan, and he's hoping to sell the house before it's repossessed. And according to many housing advocates and civil rights groups, Ramirez is not alone. As mortgage foreclosures rise, many minorities are suffering.
Brown said the language barrier (Ramirez, a native Spanish speaker, is not fluent in English, and spoke to the Free Lance through a translator) can also play a big role.
"When you go into Washington Mutual ... you can't always get someone to speak your language," she said.
"The real estate boom covered a multitude of sins," Simmons said. "Once the market started depreciating, the rug was pulled back to show the rot underneath.""
-------------------------------
This might not be the right time to buy a house. After a couple of years when things start to look bright, then again you will come up with an excuse to not buy a house. Looks like you and alberto pinto might want to spend the rest of your lives in an apartment. That is fine too if that is what you guys want.
Keeping this thread alive has become Mr Pinto’s mission, it doesn’t matter if the person who opened this thread has already made a decision and moved on...
I am sorry, the housing will fall by 99K every year and not 100K. So you can predict how much the housing will fall and not us. If you can predict that housing will not fall down why shouldn't I. 100K is just a round figure. It can be 60K or 160K per year.
You asked for which fruit picker. Here is one---And before you accuse me of making up the story here is the link
http://hollisterfreelance.com/news/contentview.asp?c=213141. Google and you will find more such cases.
---------------------------
"Despite making only $14,000 a year, strawberry picker Alberto Ramirez managed to buy his own slice of the American Dream. But his Hollister home came with a hefty price tag - $720,000.
A year and a half later, Ramirez has defaulted on his loan, and he's hoping to sell the house before it's repossessed. And according to many housing advocates and civil rights groups, Ramirez is not alone. As mortgage foreclosures rise, many minorities are suffering.
Brown said the language barrier (Ramirez, a native Spanish speaker, is not fluent in English, and spoke to the Free Lance through a translator) can also play a big role.
"When you go into Washington Mutual ... you can't always get someone to speak your language," she said.
"The real estate boom covered a multitude of sins," Simmons said. "Once the market started depreciating, the rug was pulled back to show the rot underneath.""
-------------------------------
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Macaca
03-06 09:03 PM
Labor Certification for the Permanent Employment of Aliens in the United States; Implementation of New System; Final Rule (http://www.foreignlaborcert.doleta.gov/pdf/PERM_Final_Rule_12-27-04_FR.pdf) 20 CFR Parts 655 and 656 | Department of Labor Employment and Training Administration, December 27, 2004
U.S. Immigration Policy on Permanent Admissions (http://www.ilw.com/immigdaily/news/2007,0122-crs.pdf), CRS Report for Congress, Updated December 13, 2006
U.S. Immigration Policy on Permanent Admissions (http://www.ilw.com/immigdaily/news/2006,0425-crs.pdf), Updated April 17, 2006
Immigration Policy in the United States (http://www.cbo.gov/ftpdocs/70xx/doc7051/02-28-Immigration.pdf) CONGRESSIONAL BUDGET OFFICE, February 2006
CRS Reports (http://www.ilw.com/immigdaily/news/crs.shtm)
Immigration through Employment (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=84096138f898d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD)
EMPLOYMENT-BASED PERMANENT RESIDENCE (http://immigrationvoice.org/forum/attachment.php?attachmentid=141&d=1184798383)
EXTRAORDINARY, EXCEPTIONAL AND OUTSTANDING: What does it take to make it to the top? (http://www.hammondlawfirm.com/monthly/october_featured_article.pdf) by Sherry L. Neal, Attorney
Damaris Del Valle, Law Clerk
Legal Immigrants: waiting forever (http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf)
TITLE 22 OF CODE OF FEDERAL REGULATIONS (22 CFR): Chapter I -- DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION)(Amended 2/28/03; 68 FR 9824 ) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=e6f9e66480441fe548dfe78bf2aff 82c)
TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR): Chapter I -- DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=d28c5cb48217d90d388b3ed180f19 96e)
PART 42�VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED (http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=d093e437827c75a38a4aaaa26e9b13b3&rgn=div8&view=text&node=22:1.0.1.5.28.6.1.1&idno=22), Subpart F�Numerical Controls and Priority Dates
Adjudicator's Field Manual - Redacted Public Version (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2) Updated Through June 18, 2007, Posted July, 2007
AFM Update: Chapter 22: Employment-based Petitions (AD03-01) (http://immigrationvoice.org/forum/attachment.php?attachmentid=136&d=1184796132)
Transferring Section 245 Adjustment Applications to New or Subsequent Family or Employment-Based Visa Petitions (http://immigrationvoice.org/forum/attachment.php?attachmentid=137&d=1184797399)
I-485 Standard Operating Procedure (http://immigrationvoice.org/forum/attachment.php?attachmentid=138&d=1184798238)
Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313) (http://immigrationvoice.org/forum/attachment.php?attachmentid=139&d=1184798248)
Revised Interview Waiver Criteria for Form I-485 Application to Register permanent residence or adjust status (http://immigrationvoice.org/forum/attachment.php?attachmentid=142&d=1184798393)
U.S. Immigration Policy on Permanent Admissions (http://www.ilw.com/immigdaily/news/2007,0122-crs.pdf), CRS Report for Congress, Updated December 13, 2006
U.S. Immigration Policy on Permanent Admissions (http://www.ilw.com/immigdaily/news/2006,0425-crs.pdf), Updated April 17, 2006
Immigration Policy in the United States (http://www.cbo.gov/ftpdocs/70xx/doc7051/02-28-Immigration.pdf) CONGRESSIONAL BUDGET OFFICE, February 2006
CRS Reports (http://www.ilw.com/immigdaily/news/crs.shtm)
Immigration through Employment (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=84096138f898d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD)
EMPLOYMENT-BASED PERMANENT RESIDENCE (http://immigrationvoice.org/forum/attachment.php?attachmentid=141&d=1184798383)
EXTRAORDINARY, EXCEPTIONAL AND OUTSTANDING: What does it take to make it to the top? (http://www.hammondlawfirm.com/monthly/october_featured_article.pdf) by Sherry L. Neal, Attorney
Damaris Del Valle, Law Clerk
Legal Immigrants: waiting forever (http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf)
TITLE 22 OF CODE OF FEDERAL REGULATIONS (22 CFR): Chapter I -- DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION)(Amended 2/28/03; 68 FR 9824 ) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=e6f9e66480441fe548dfe78bf2aff 82c)
TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR): Chapter I -- DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=d28c5cb48217d90d388b3ed180f19 96e)
PART 42�VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED (http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=d093e437827c75a38a4aaaa26e9b13b3&rgn=div8&view=text&node=22:1.0.1.5.28.6.1.1&idno=22), Subpart F�Numerical Controls and Priority Dates
Adjudicator's Field Manual - Redacted Public Version (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2) Updated Through June 18, 2007, Posted July, 2007
AFM Update: Chapter 22: Employment-based Petitions (AD03-01) (http://immigrationvoice.org/forum/attachment.php?attachmentid=136&d=1184796132)
Transferring Section 245 Adjustment Applications to New or Subsequent Family or Employment-Based Visa Petitions (http://immigrationvoice.org/forum/attachment.php?attachmentid=137&d=1184797399)
I-485 Standard Operating Procedure (http://immigrationvoice.org/forum/attachment.php?attachmentid=138&d=1184798238)
Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313) (http://immigrationvoice.org/forum/attachment.php?attachmentid=139&d=1184798248)
Revised Interview Waiver Criteria for Form I-485 Application to Register permanent residence or adjust status (http://immigrationvoice.org/forum/attachment.php?attachmentid=142&d=1184798393)
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Munna Bhai
07-09 05:06 AM
We won`t get any letter from that comapany as my husband din`t exit in good terms.(Ofcourse if they won`t pay him for months).
I do believe in our case the reasons are more to do with the officer dealing the case than with actual technical issues.
In the NOID they said the reason mainly was( he changed from company A to B to C but when he reentered he entered on B instead of C .at that time was not very knowledgeable about all this stuff)he reentry was not legal and was willful misrepresentaton of facts.
Then our lawyer in our reply sent that as long as both visas are still valid it is legal.Then now they state ok his reentry is not wrong only the paystubs part is wrong and stating he never worked for that company chose to deny.
Your case is doable, get hold of some good attorney and tell them all the fact and as long as employer-employee relationship exist, you are on valid H1b. Hence since your Husband was without paystub but his I-94 was valid,it should not create much problem.
But do get intouch with old company.
I do believe in our case the reasons are more to do with the officer dealing the case than with actual technical issues.
In the NOID they said the reason mainly was( he changed from company A to B to C but when he reentered he entered on B instead of C .at that time was not very knowledgeable about all this stuff)he reentry was not legal and was willful misrepresentaton of facts.
Then our lawyer in our reply sent that as long as both visas are still valid it is legal.Then now they state ok his reentry is not wrong only the paystubs part is wrong and stating he never worked for that company chose to deny.
Your case is doable, get hold of some good attorney and tell them all the fact and as long as employer-employee relationship exist, you are on valid H1b. Hence since your Husband was without paystub but his I-94 was valid,it should not create much problem.
But do get intouch with old company.
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willwin
07-13 12:19 PM
At the risk of differing with you and inviting unflattering comments from others, but to benefit a healthy debate, I beg to differ that spill over should go to the most retrogressed at the expense of a difference in skill, training and experience level. As you probably may know, EB2 does require a different and arguably more enhanced skill, traninig and experience level than EB3.
If you beleive in the principle that in a land of meritocracy the higher skilled should have an easier path to immigrate then EB2 should always get a preference over EB3 regardless of country of birth so long as the ROW demand within the same category has been satisfied.
Understand, that this definition of EB3 and EB2 is all on paper. I am not saying that all EB2 are 'smarter' than EB3 and vice versa, but the letter/intent of the law is what it is.
Sounds harsh and heirarchical but is true. Obviously I have a vested interest in a favorable interpretation of the law and I welcome the spill over to EB2-I. This does have a flip side if you are EB3-I, but look at a few bulletins from last year/early this year where EB2-I was unavailable and EB3 still was current and/or had a cut off date for a ROW/retro country.
Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).
That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?
If you beleive in the principle that in a land of meritocracy the higher skilled should have an easier path to immigrate then EB2 should always get a preference over EB3 regardless of country of birth so long as the ROW demand within the same category has been satisfied.
Understand, that this definition of EB3 and EB2 is all on paper. I am not saying that all EB2 are 'smarter' than EB3 and vice versa, but the letter/intent of the law is what it is.
Sounds harsh and heirarchical but is true. Obviously I have a vested interest in a favorable interpretation of the law and I welcome the spill over to EB2-I. This does have a flip side if you are EB3-I, but look at a few bulletins from last year/early this year where EB2-I was unavailable and EB3 still was current and/or had a cut off date for a ROW/retro country.
Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).
That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?
rsdang
08-12 11:24 AM
HOTEL KERALA-FONIA
On the road to Trivandrum
Coconut oil in my hair
Warm smell of avial
Rising up through the air
Up ahead in the distance
I saw a bright pink tube-light
My tummy rumbled, I felt weak and thin
I had to stop for a bite
There he stood in the doorway
Flicked his mundu in style
And I was thinking to myself
I don't like the look of his sinister smile
Then he lit up a petromax
Muttering "No power today"
More Mallus down the corridor
I thought I heard them say <<
Welcome to the Hotel Kerala-fonia
Such a lousy place,
Such a lousy place (background)
Such a sad disgrace,
Plenty of bugs at the Hotel Kerala-fonia
Any time of year
Any time of year (background)
It's infested here
It's infested here
His finger's stuck up his nostril
He's got a big, thick mustache
He makes an ugly, ugly noise
But that's just his laugh
Buxom girls clad in pavada
Eating banana chips
Some roll their eyes, and
Some roll their hips
I said to the manager
My room's full of mice
He said,
Don't worry, saar,I sending you
meen karri, brandy and ice
And still those voices were crying from far away
Wake you up in the middle of the night
Just to hear them pray
Save us from the Hotel Kerala-fonia
Such a lousy place,
Such a lousy place (background)
Such a sad disgrace
Trying to live at the Hotel Kerala-fonia
It is no surprise
It is no surprise (background)
That it swarms with flies
The blind man was pouring
Stale sambar on rice
And he said
We are all just actors here
In Silk Smitha-disguise
And in the dining chamber
We gathered for the feast
We stab it with our steely knives
But we just can't cut that beef
Last thing I remember
I was writhing on the floor
That cockroach in my appam-stew was the culprit,
I am sure
Relax, said the watchman
This enema will make you well
And his friends laughed as they held me down
God's Own Country? Oh, Hell!
On the road to Trivandrum
Coconut oil in my hair
Warm smell of avial
Rising up through the air
Up ahead in the distance
I saw a bright pink tube-light
My tummy rumbled, I felt weak and thin
I had to stop for a bite
There he stood in the doorway
Flicked his mundu in style
And I was thinking to myself
I don't like the look of his sinister smile
Then he lit up a petromax
Muttering "No power today"
More Mallus down the corridor
I thought I heard them say <<
Welcome to the Hotel Kerala-fonia
Such a lousy place,
Such a lousy place (background)
Such a sad disgrace,
Plenty of bugs at the Hotel Kerala-fonia
Any time of year
Any time of year (background)
It's infested here
It's infested here
His finger's stuck up his nostril
He's got a big, thick mustache
He makes an ugly, ugly noise
But that's just his laugh
Buxom girls clad in pavada
Eating banana chips
Some roll their eyes, and
Some roll their hips
I said to the manager
My room's full of mice
He said,
Don't worry, saar,I sending you
meen karri, brandy and ice
And still those voices were crying from far away
Wake you up in the middle of the night
Just to hear them pray
Save us from the Hotel Kerala-fonia
Such a lousy place,
Such a lousy place (background)
Such a sad disgrace
Trying to live at the Hotel Kerala-fonia
It is no surprise
It is no surprise (background)
That it swarms with flies
The blind man was pouring
Stale sambar on rice
And he said
We are all just actors here
In Silk Smitha-disguise
And in the dining chamber
We gathered for the feast
We stab it with our steely knives
But we just can't cut that beef
Last thing I remember
I was writhing on the floor
That cockroach in my appam-stew was the culprit,
I am sure
Relax, said the watchman
This enema will make you well
And his friends laughed as they held me down
God's Own Country? Oh, Hell!
GCKaMaara
01-10 04:55 PM
First of all, thanks for converting my argument about Europeans and native peoples into Muslims and non-Muslims. Shows us where our respective prejudices and biases lie. I am very happy when my comments on any situation are turned into a broad 'us vs them' thing. It just shows us that our primitive and primal instincts from the time when we split from the apes are still alive and kicking in some people. Its pretty fascinating for me.
Secondly there is a difference between military strikes (retaliatory or otherwise), and acts of massacres. Pretty much the same as there is a difference between military confrontation and ethnic cleansing. If you condone and defend the latter, then you are pretty much defending ethnic cleansing. Striking Hamas targets are military strikes. Holing up a hundred members of an extended family into a house, and then destroying the house is an act of massacre. When we defend acts like the latter one, we defend ethnic cleansing.
http://www.independent.co.uk/news/world/middle-east/massacre-of-a-family-seeking-sanctuary-1297577.html
You are pretty much right. Lets not combine "40 innocent children killed" with war. Even if it is war, it is a war crime. God bless soul of those kids.
About poisoning kids by extremists, I agree that they are poisoned from very childhood. But killing them is not a solution - never. If it is a problem with 1 or 2 persons, you can work on them and get them out of poisoned mind. Can't work on mass. Thats why B****ds who have their personal benefits associated, always associate these poisons with religion to expand their own empire. Misguided muslim people need to and will understand one day that they are breeding dangerous new generations and is hurting themselves.
Secondly there is a difference between military strikes (retaliatory or otherwise), and acts of massacres. Pretty much the same as there is a difference between military confrontation and ethnic cleansing. If you condone and defend the latter, then you are pretty much defending ethnic cleansing. Striking Hamas targets are military strikes. Holing up a hundred members of an extended family into a house, and then destroying the house is an act of massacre. When we defend acts like the latter one, we defend ethnic cleansing.
http://www.independent.co.uk/news/world/middle-east/massacre-of-a-family-seeking-sanctuary-1297577.html
You are pretty much right. Lets not combine "40 innocent children killed" with war. Even if it is war, it is a war crime. God bless soul of those kids.
About poisoning kids by extremists, I agree that they are poisoned from very childhood. But killing them is not a solution - never. If it is a problem with 1 or 2 persons, you can work on them and get them out of poisoned mind. Can't work on mass. Thats why B****ds who have their personal benefits associated, always associate these poisons with religion to expand their own empire. Misguided muslim people need to and will understand one day that they are breeding dangerous new generations and is hurting themselves.
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