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  • unitednations
    03-25 12:41 PM
    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."

    Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.




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  • new_horizon
    01-06 02:49 PM
    Israel is fully justified in responding to the rocket attacks from Gaza. How long can they show restraint by not responding to the unprovoked attacks. Do you think US will remain silent, if Canada were to lob rockets into US. Asbolutely not. Every country has the right to protect itself.
    Hamas is such a coward orgn that they hide behind school, mosque, hospitals to shoot their rockets, so they really are luring israel to bomb those areas. Unfortunately innocents die...the blame should be on hamas. In fact, before bombing Israel even goes to the extent of calling and texting people in the target area to warn them before bombing. which country at war you know does that. Inspite of all these the biased media portrays Israel as the evil one. time to think. if only india shows some courage like that.




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  • HawaldarNaik
    12-29 12:19 AM
    Well comparing India to Israel is not going to be justified at this time cause Israel has had a offensive stance right from its inception whereas India has always been reactive, and in the long run, i beleive that has paid off.

    However at this point we have to make sure our neighbours take corrective action though to be frank, i am not sure they are capable or have the potency of bringing about the changes cause at the ground level all those dangerous elements (some who have gone and taken refuge from India), enjoy not just support from the intelligence and the army but also from some locals and roam around freely

    So in short it is a rogue country, frankly even the super powers are not in control of the situation there ........as some factions are loyal to the superpowers, some to the dangerous elements and some to regional powers, and each one of them is being used by these powers to carry out attacks to various countries around the world...and implment their respective agendas which are contrary to one another.....

    What is the strategy for India

    In the short term i would say 'Our Sardar' (chieftain...i firmly think this time 'The Sardar' is leading from the front...and not being remote controlled by the lady ) is doing the right thing, he is garnering global support (he first tried the super powers and now is in touch with the regional powers also, and has got PC a highly efficient resource to strengthen internal security), at the same time watching the response from our neighbour, who are talking of war but are trying and i am saying trying to bring about some positive change (how much of that is possible i am pretty pessimestic due to reasons specified above...no single control or point of contact).
    In the long term there has to be a solution to the neighbouring country problem either they revamp and reform (after 60 years of being the bad guys...hit men.... for various powers world over), or look at the possiblity of breaking down the wall cause then we can try and clear up the mess......




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  • axbasit
    12-28 03:52 PM
    I always believed that this was the place to talk about problems faced by potential immigrants, and it would not matter from where they came from? but this
    forum is turning into something else.

    would administrator(s) act professionally and lock this discussion? and if these discussions would further be allowed at this point, I suggest change this website to indianimmigrationvoice.org



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  • bigboy007
    10-05 06:13 PM
    But as many have pointed out , I have same doubts whether US will maintain its edge with all these issues facing.

    Coming on to GC , its a mess already .. Dates even might retrogress more :-( but with new admin and initiatives like CIR07 if it passes again I dont what situation we might face.

    Let us give Obama a chance and see what he does� We are already in deep shit and nothing worse can happen




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  • RaviG
    07-14 08:03 PM
    Is IV endorsing this? Why immigrationvoice name is there in the bottom signature?

    EB classification is designed for a purpose giving priority for highly educated and experienced positions. So it is supposed to be unfair.



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  • hopefulgc
    08-07 12:59 PM
    All monkeys also interfiled and became lions


    hilarious!




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  • GCBatman
    01-06 12:35 PM
    It is very sad but please post it on the relevant site.

    Now the killing has gone mad. Apart from killing the innocent civilians, crazy war mongers started bombing schools and killing innocent school kids. Today two schools were bombed and more than 40 children have been massacred.

    Its sad to see school children being brutally killed by missles and tanks. I don't understand how people could blow up innocent kids, women and men under the name of self-defence?

    This world has gone crazy and there's no one questioning about this in-human atrocities committed against fellow human being.

    Lets us pray for those who are going thru this hardship, and for an immediate end to this war crime.

    How many more innocent civilians including children they are planning to kill?. All these so called peace loving nations blocking the UN from making a cease-fire resolution. Looks like so called freedom lovers want more innocent lives.

    When Mumbai was attacked by terrorists, whole world was united and supported the victim(India). Now the same world is against the victim and encouraging more killing by not stopping the attrocities.



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  • Vsach
    08-08 08:09 PM
    Hi,

    In addition to what everyone else has recommended please contact Zoe Lofgren and seek help from Prakash the ombudsman and a personal meeting with Director Gonzales.

    All the best!

    VS




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  • unitednations
    03-26 06:11 PM
    Oops, I just saw UN's reply. His answer is more specific than mine, and mine is based on anecdotal evidence so please go with what he says since his is based on personal experience.

    UN, Thank you for following up on my question on the Baltimore case.

    here is the link.

    Becausing of uploading issue: follow this link.

    http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/errFrameset.jsp

    from there click on a-1 certification; decisions issued in 2004; click on second decision from the top. If someone can download the pdf and attach then we can discuss.



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  • GCInThisLife
    07-19 02:40 PM
    UN,
    I understand what you are saying. My question is.. is there anything I/my wife can do at this point? If she goes to out of country (India) and try getting either H1B stamped or H4 and re-file I485 (hoping my PD would be current as it is so far back) if it gets denied?

    Looks like we are mentally preparing for the worst.. After 10 years of stay in the US..:(

    first i'll tell a brief story.

    I am a chain smoker. my brother is a ph.d who researches cancer. He told me I would die one day of cancer (thanked him for that advice). I told him that you gotta die one day.

    he is the only person who had this comeback. He said that is what everyone says until they are on their death bed.

    now; why is this story relevant? How comfortable are you in arguing this. I remember a long time ago a person had this query; and he responded that he was on medical leave. USCIS came back and asked for verification with medical records. Others tried to get letters from their employers saying they had extended absences, etc. but employers won't give the letters because they think they will be on hook for payment of wages to you if they give such a letter.

    It is not an easy thing to overcome or argue as one may think.




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  • mariner5555
    04-12 10:20 PM
    For those of you who think housing will always go up and those that think it will back in few years..
    http://cosmos.bcst.yahoo.com/up/player/popup/?rn=3906861&cl=7322611&ch=4226720&src=news
    or for those who intend to buy 2 - 3 houses for investment. This is a superb link (since picture is worth more than thousand words). honestly speaking - the delay in GC has saved me (and people like me who wanted to wait for GC before buying a house). I had lot of pressure from my wife (because all her friends were buying) and I said only one thing once we get a GC we will buy. now her / mine friends are repenting because they brought houses far away from their work (and v.v. far from the city / airports). the price appreciation graph is so steep that one wonders - Why should I be a sucker and make profits for others by buying at the peak !!



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  • mariner5555
    04-15 02:19 PM
    Agreed, but then you have no way of knowing if you would have been less happier growing up in a bigger home. For all you know, you may have been more happier.

    That is the general line of thinking everyone has including all the people who are posting on this forum. If more money does not equate to a better life, then why are all these people taking the trouble to desert their home land and live in a foreign country? If more money => better lifestyle, then it follows a home can provide a relatively better environment to a child than an apartment.

    If all Americans live in rented apartments, drive only used Japanese cars (resale value), furnished their homes with scant used furniture and were focussed on investing their money than spending it, then the American economy will go down to the level of a third world country in less than 10 years.

    This does not mean everyone has to run out and buy a home. The point as I said earlier is to see a home as a home and not as an investment.
    this maybe your view .. but I can find some faults with it.
    yes ..more money is equal to better lifestyle but a bigger house is not necessarily a better lifestyle for everyone. for many tech workers, following this line of reasoning will cause them more problems.
    I don't know about you ..but I came here to US for money and for better quality of life (I didnot come here to buy a big house !!). a big house would mean that I have less money as more money goes for property tax / maintenance etc etc
    now ..since I save money by renting ..I can afford to put my son in better dayschool, fund his college fund , take him for more freq vacations etc etc.
    now this maybe different for some people ..maybe those earning more than 125 K or with double income.
    also ..do you mean people should pay more for a house than it is worth ??

    I agree with yr last points ...that not everyone has to run ..and thats what I am saying.
    once you get GC and have a stable job and get a good offer on a house ...buy ..else wait. In other words ..as you are implying ..if you can afford a big house without making heavy sacrifices ..then go for it.
    (but many people that I know ..buy big houses ..then try to save money on air conditioning, restaurants etc).
    the other main problem with H1/ EAD is that you become immobile ..esp if you have to move for various reasons (since you have to worry about your legal status too ..).
    btw ..if all americans stayed in rental (or smaller homes ) and drove japanese fuel eff cars ..then the world would have been a better place with lower gas prices :)




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  • nojoke
    04-15 06:18 PM
    kaiserose & NKR have made some mistakes by buying a costly home & wouldn't admit.

    May God Bless you guys.

    :D:D



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  • seattleGC
    05-16 05:18 PM
    That's called pandering. To unions like IEEE and hispanic vote base. These ppl don't have any interest in America's competitiveness or interests of people at large rather work in the interests of their party and their re-election.

    But I am suprised at the attitudes of some forums members who want to screw the ppl behind us.
    Anyway I agree, we should be worried about delays to i-485 processing if 11 million ppl are added to USCIS queue.


    I know where Senator Durbin stands on illegal immigration issue , he is totally for amnesty/legalization of illegal/undocumented people in the country. According to him its ok if someone is totally undocumented and stays here but its not ok if someone does consulting and documented and pays taxes while working and waiting for the green card to be approved. Isn't it height of hypocrosy?

    Where do people like mbdriver and senthil stand on the issue of legalization/amnesty for illegal/undocumented people in the country? If the legalization were to happen these are the kind of people who complain saying illegal aliens have slowed down our green card petetions. If legalization were to happen processing of every petetion at USCIS will slow down considerably. I will not surprised if 485 takes 4.85 years or 48.5 years or 485 years ...:)

    Which one is a bigger problem 12 to 15 million people totally undocumented or perceived misuse of visa petetions by few bad apples.




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  • unseenguy
    06-21 09:49 PM
    What do you mean by they will give you?

    The moment your I-485 is denied, Form the date of denial, your stay is considered unauthorized. You may have to leave soon as possible. If you accumulate more than 180 days and leave the country, you will be barred for 3 years from entering US. If you stay more than 365 days, you will get a 10 year ban. From the date of 485 denial till you leave the country, If you own a home, they know where to find you..if you decide to overstay...

    Please do not post wrong information..

    i 485 notice may have grace period on it. One of my friend's h1/l1 was denied (extension) and he was given 15 days from denial date to leave.



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  • bobzibub
    01-07 07:43 PM
    Blaming any religion on terrorism is inappropriate, inflammatory, and just plain irresponsible.
    Here's some proof for you:

    MI5 report challenges views on terrorism in Britain (http://www.guardian.co.uk/uk/2008/aug/20/uksecurity.terrorism1?gusrc=rss&feed=networkfront)


    • Far from being religious zealots, a large number of those involved in terrorism do not practise their faith regularly. Many lack religious literacy and could actually be regarded as religious novices. Very few have been brought up in strongly religious households, and there is a higher than average proportion of converts. Some are involved in drug-taking, drinking alcohol and visiting prostitutes. MI5 says there is evidence that a well-established religious identity actually protects against violent radicalisation.

    And I'll give you a couple specific examples :

    Al-Fakhoura School Bombed, 42 Killed, Including Children; 13,000 Homeless; Water, Medicine in Short Supply (http://www.juancole.com/2009/01/al-fakhoura-school-bombed-42-killed.html)

    Muhammad Atta was radicalized by watching the gruesome results of that attack and he was a 9/11 hijacker. (He flew one of the planes.) That attack happened to be Israel bombing a school in 1986.

    Torture trail to September 11 : A two-part investigation into state brutality opens with a look at how the violent interrogation of Islamist extremists hardened their views, helped to create al-Qaida and now, more than ever, is fuelling fundamentalist hatred (http://www.guardian.co.uk/world/2003/jan/24/alqaida.terrorism1)

    Dr Ayman al-Zawahiri, for example was tortured in Egypt. He was Al Q's number 2 and known as the "brains" behind the 9/11 attacks. He was a successful doctor.

    It is not religion that makes people willing to blow up themselves and kill others. It is perceived oppression against one's people. If you look closely enough, you will find it.

    Blaming religious beliefs on terrorism is sloppy thinking that:

    inflames people
    justifies further violence
    divides people
    creates more terrorism


    The IRA, Shining Path, the Basques, and yes, Al Q, all have one thing in common: their political aspirations for their people to be freed from what they see as oppression. The Irish Catholics weren't allowed good jobs. Peruvian Marxists were unhappy with their government. The Basques were mistreated by Franco. Many Middle Easterners want the right to form their own governments, which we in the west actively prevent by supporting dictatorships.

    Invariably, when people blame religion for some injustice, there is a political or economic reason behind it. The Crusades, for example, were not about converting people, but about wealth, power and what they saw as "glory".

    Please stop with the religious scape goating, bigotry and hatred. It leads nowhere but down.




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  • gc28262
    12-22 03:08 PM
    See me standing there in the video!
    http://www.dailypioneer.com/DisplayContent.aspx?ContentID=145268&URLName=Indian-Americans-ask-UN-to-declare-Pak-a-terrorist-state
    and
    http://atlasshrugs2000.typepad.com/atlas_shrugs/2008/12/india-free-men.html
    ****
    Indian Americans ask UN to declare Pak a terrorist state


    ************************

    SunnySurya,
    Weren't you the one who said India should gift kashmir to pakistan to solve all terrorrist activities and war ?

    How come you became a patriot and started caring about india all of a sudden ?

    Do you have any consistent opinion ?




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  • CreatedToday
    01-06 04:21 PM
    :confused:You don't believe this, but you believed when mullahs said, it was Israel and Jews behind 9/11! LOL

    If its true, why media is not showing how Hamas is hiding behind schools and mosques? Its a big lie and this is what they say in order to justify the killing. Also what rockets you are talking about? Those 7000 rockets that killed 4 people? I agree Hamas must stop their mindless and useless rocket attack.




    abracadabra102
    01-02 11:39 AM
    Non-state actors are mentioned a lot here. Who are these non-state actors and who is responsible for acts of these non-state actors? If a few Pakistani citizens cross over and strike Indian cities at random and disappear back into Pakistan, what are India's options? Just to pray that in some 30-50 years into future all Pakistani terrorists will somehow realize their folly and turn into saints?

    We are also missing the elephant in the room. India has 150 million muslims and we have our share of Hindu fundamentalists. These Hindu fundamentalist groups have been trying for a long time to equate terrorism to Islam (targeting Indian muslims) and Indian public at large rejected this notion so far (rightly so) and that may change in future and it may not be long before a Narendra Modi becomes Prime Minister. It will be a shame if a few terrorists destroyed that very tenet of India - "Unity in Diversity".




    shuyaib
    12-24 10:24 AM
    How old is the technique of discrediting my links to win the argument. Of course, if I tell you of all the atrocities of Indian army in Kashmir, or punjab, or assam, to you I am a muslim, and my default I hate India. Of course, it wouldn't matter if good old amnesty internationl would raise a red flag against india...
    http://www.amnesty.org/en/appeals-for-action/thousands-lost-kashmir-mass-graves

    wait they have raised a red flag a million times, anybody paying attention, or just shaking head in disbelief?
    or you do not want to loose your right to dance on murder of muslims had it not been a country like India where Modis, advanis, uma bhartis can roam freely....
    ...oh wait, but India also denies any trials against in military in Kashmir, so they can do what they want, and never be challenged in court of law, and amnesty's report goes to garbage, because this is Hindu india, and minorities like Sikhs, Bodos, muslims, dalits, dravidians will have to put up with their hegemony...

    ... and yes, if somebody losses his mind because his home has been bulldozed by indian army, or women raped and murdered ... he will be branded terrorist and shot.

    http://news.bbc.co.uk/2/hi/south_asia/6074994.stm

    ... but of course this is a rambling of muslim, and all muslims are terrorists, and all hindus are protector of bharat mata, so when a hindu kills a muslim, he kills a terrorist, but if a muslim rebels in lack of justice and equality, he is a terrorist.... it's a fair game!



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