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  • nojoke
    01-03 03:36 AM
    Screw Dawood Ibrahim. He is the past.

    What is important right now is to get hold of the masterminds of Bombay in a transparent and credible manner. That would be in the long term self-interest of Pakistan (and India, and the world).

    Tomorrow the Bombay attack is old too. You are delusional and good making up reasons.:D:D:D:D:D
    How about an apology for what your country men did as a first step? Then we will consider your advice about what we should do. You are so good at giving advice to people who suffered at your country men's(like don't start war etc) hands and yet you don't own any responsibility.




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  • amsgc
    08-25 10:21 PM
    .




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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.




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  • Macaca
    02-21 04:18 PM
    we are targeting him because he is saying things which are inaccurate if not ludicrous regarding immigration.

    Is it posible to post these inaccuracies about us. I want to post them here (http://www.washingtonwatch.com/bills/show/110_SN_9.html).

    I want to post the general apathy of media towards us. However, all I have is no one reports about us. Any more ideas? Thanks.



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  • abcdgc
    12-27 02:02 AM
    It is my reading that if India performs surgical strikes on the terrorist camps in Pakistan, Pakistan will not be able to do anything because according to Pakistan, there are no terrorist camps, so how can someone bomb a camp if that camp doesn't exist.

    I think US has told Gilani and Zardari not to respond if India conducts 1-2 surgical strikes. But Kaayani wants to respond. That's why Musharraf is making public statements saying that - if India strikes, "Democratically elected" President & PM will take steps to respond. Musharraf is putting the onus to respond on Zardari and Gilani. They do not want to respond. But Kaayani will order a response anyways, without a go ahead from Zardari and Gilani. There is only 1 stading institution in Pakistan - its army. We have to dismatle Pakistani army and ISI, otherwise it will continue to breed & foster more terrorist.




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  • vikramark
    10-06 11:45 AM
    Hello Guys,

    I am a bit confused, I always thought or heard (John Kerry, last Presidential debate) Democratic (Most of them) candidates pro to legal immigrants who have been here from last 5-7 yrs, regularly paying taxes and have not broken any law, there can be few exceptions but over all above democratic strategy have been to support immigrants who meet above three criteria.

    What am I missing?

    Thanks



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  • Macaca
    12-30 05:35 PM
    India Digs In Its Heels as China Flexes Its Muscles (http://www.nytimes.com/2010/12/30/world/asia/30india.html) By JIM YARDLEY | New York Times

    It has been the season of geopolitical hugs in India � with one noticeable exception. One after the other, the leaders of the five permanent members of the United Nations Security Council have descended on India, accompanied by delegations of business leaders, seeking closer ties with this rising South Asian giant. The Indian media, basking in the high-level attention, have nicknamed them the �P-5.�

    Prime Minister David Cameron of Britain got a warm reception last summer. Then President Obama wowed a skeptical Indian establishment during his November visit. President Nicolas Sarkozy of France signed nuclear deals in early December, while President Dmitri A. Medvedev of Russia departed last week with a fistful of defense contracts after winning praise for Moscow as a �special partner.�

    The exception to the cheery mood was the mid-December visit of Prime Minister Wen Jiabao of China. Mr. Wen did secure business deals, announce new trade goals and offer reassurances of friendly Chinese intentions. But the trip also underscored that many points of tension between the Asian giants � trade imbalances, their disputed border and the status of Kashmir � are growing worse. And the Indian foreign policy establishment, once reluctant to challenge China, is taking a harder line.

    �The Wen visit has widened the gap publicly between India and China,� said Ranjit Gupta, a retired Indian diplomat and one of many vocal analysts pushing a more hawkish line toward China. �And it represents for the first time a greater realism in the Indian establishment�s approach to China.�

    India aspires to membership on the United Nations Security Council, and China is now the only permanent member nation that has not explicitly endorsed such a move. But what has rattled Indian leaders even more is their contention that China is being deliberately provocative in Kashmir as it grows closer to Pakistan, China�s longtime ally and India�s nemesis. China has also been expanding its diplomatic and economic influence around South Asia, stepping up its involvement in the affairs of Sri Lanka, Nepal and the Maldives.

    Mr. Wen�s visit was supposed to help address those tensions at a time when India is starting to draw closer to the United States. Among Chinese leaders, Mr. Wen is perceived as a friend of India, and his 2005 visit was regarded as a breakthrough after he and Prime Minister Manmohan Singh agreed on a broad framework to address the border dispute.

    For decades since fighting a brief border war, the two countries had argued over the boundary lines, with China making claims to Arunachal Pradesh, an eastern Indian state, and India claiming portions of Tibet that abut Indian-controlled Kashmir. The 2005 deal fostered optimism that some sort of quid pro quo compromise could be reached, enabling the two countries to concentrate on trade. And trade took off: it has risen tenfold to almost $60 billion, with Mr. Wen setting a new goal of $100 billion.

    But Indian leaders now complain that trade is far too lopsided in China�s favor and say that Indian corporations face too many obstacles in entering the Chinese market. Mr. Wen promised to help Indian corporations sell their products in China, but Indian officials are skeptical.

    Meanwhile, China infuriated India by starting to issue special stapled paper visas � rather than the standard visa � for anyone in Indian-controlled Kashmir traveling to China on the grounds that Kashmir is a disputed territory. China later objected to including a top Indian general responsible for Kashmir in a military exchange in China. In response, Indian officials angrily suspended all military exchanges between the countries. Indian officials had thought Mr. Wen might reverse the stapled visas policy on his trip, but he instead only called for more diplomatic consultations.

    Indian commentators have noticed that articles in the Chinese state-run media have renewed Chinese claims that the disputed border between the nations is roughly 1,240 miles in length � even as India puts the length at about 2,175 miles. The difference roughly represents the border between Indian-controlled Kashmir and Tibetan China. By omitting this section, the Chinese are questioning the status of Indian-controlled Kashmir, a position that buttresses Pakistan�s own claims, several Indian analysts have argued.

    The most visible evidence that these problems were deepening came in the joint communiqu� issued by the two nations at the end of Mr. Wen�s visit. China typically demands that nations voice support for the one-China policy, which holds that Taiwan is an inalienable part of China. In past communiqu�s, India has agreed to such language, but this time it was omitted, a clear sign of Indian irritation.

    �It has been in every communiqu�, but the Chinese didn�t even bring it up,� said a senior Indian official, speaking on the condition of anonymity. �I think they knew if they had brought it up, they knew we would have demanded some movement on the stapled visa issue and the Kashmir issue.�

    The senior official added: �They must understand that there is a prospect of the relationship really going south. They will have to somehow moderate their stand on Kashmir. And they will have to take concrete steps to address the trade imbalance.�

    India and China still cooperate on climate change and international trade policy, and some Indian diplomats grumble that the positive aspects of the relationship are too often overlooked by aggressive media organizations and an emboldened group of strategic analysts pushing for a harder line. China�s state-run media outlets recently broadcast images of a new tunnel being completed through the Himalayas near the Indian border. These reports looked to some like boasting about the country�s engineering prowess. In India, they were presented as a warning that China was building its infrastructure ever closer to India.

    At the same time, India is watching warily as China pursues hydro projects that could affect the downstream flow of the Brahmaputra River in India.

    Some Indian analysts note that tensions with China have increased in lockstep with the warming trend between India and the United States. During his visit, Mr. Obama spoke of a �defining partnership� between India and the United States and encouraged India to play a bigger role not only in South Asia but also in East Asia, China�s backyard. Mr. Singh, in fact, had just finished a trip to Japan, Malaysia and Vietnam as part of India�s �Look East� policy to build trade and diplomatic ties in the region.

    �Our challenge will be to build our own leverage,� the senior Indian official said.

    �That is why the relationships with the United States, with Japan, with other Southeast Asian parties, all that will become even more important.�




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  • satishku_2000
    05-16 05:12 PM
    Both are problems. The misuse of H-1B visa petitions prevent honest people from obtaining such a visa. That is not right. The issue of the illegal immigrants in this country is an ugly one as well. In my personal opinion, I do not believe any talks of amnesty should affect people with green card petitions pending. People given amnesty should go to the very back of the line and pay a serious fine on top of that.


    In earlier posts you were talking about how people have to leave if they can not get their H1 renewed under new law saying some one who cannot find "real job" should leave.

    What kind of real jobs these undocumented people have , that your beloved Senator loves them so much ? Shouldn't they be deported first according to you law and order folks?



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  • hopefulgc
    07-13 09:56 PM
    eligibility comes for having gained the requisite experience in another job.. not the current one.


    One of the qualifying criteria for EB2 is 5 years of experience. Right????

    If your I-485 application is stuck since July 2003 or prior, you are automatically EB2 by that rule. Are you not? You have been working for 5 years atleast.

    The revised rule should be

    EB2 eligibile = Anybody with experience on labor > 5 years (this would not impact current EB2 folks) or whose labor is older than 5 years (this will make EB3 folks happier).

    Peace.




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  • sledge_hammer
    03-24 04:11 PM
    >>>>Why don't you give me the proof that ALL consulting companies are not complying.
    The fact that most of the companies that USCIS is coming after are desi consulting companies proves that MOST desi comapanies are corrupt. There you have your proof.

    And I have not seenn any non-desi company use the "bench". Since you support your desi company, tell me how many non desi consulting companies don't pay their employees on bench?

    Answer the above question before calling me ignorant.

    P.S: And when did I say that non desi consulting companies don't have to comply with USCIS rules???

    1. Why don't you give me the proof that ALL consulting companies are not complying. You are the one who is making the argument. Do you have any statistics to prove that ? Do you know all the consulting companies in US ? Do you know all the companies that directly hire H1 ? Do you know their compliance statistics ?

    2. Did I say any of these are legal ? If a company applies for H1B, the company has to comply with the requirements of the law. It is that simple. It doesn't matter whether it is a consulting company or a direct placement.



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  • hopefulgc
    07-13 10:06 PM
    abe khajoor log .. kutte ke jaise mat lado.. thanda lo
    (guys, stop fighting like dogs.. chill out)

    why did I write in hindi language...?
    because nobody seems to understand the same thing written in plain old english here.




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  • paskal
    04-09 11:59 AM
    As is true with everything else it cannot be all gain.
    If we are to have CIR based GC advantage there will need to be H1B regulation. Thousands of h1Bs get filled in matter of hours. Many for consultants. How can that be right. Tough choices will need to be made and so be it.

    i'm not opposing reform. in fact i strongly feel that without reform this mess cannot be resolved. just like you do. but creating a new mess with LCA's that can't be handled in time? is that the answer? what about if you already have an LC approved? sound like you still need to duplicate the entire process for H1b renewal...does that make sense to you?
    or do you just want to support something, anything that might relieve the numbers?



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  • chintu25
    08-05 10:07 AM
    :DGuys ,
    The "mahaul"(environment) seems so Tense around the IV forums that I thought of making a thread to share some light humor / Jokes etc

    Here are some funny quotes to start with

    I don't think President fully understands this immigration thing.
    Like today, when they asked him about amnesty, he said it's horrible
    when anyone loses their memory." --Jay Leno

    "As you know, today was Don't Take Your Immigrant To Work Day
    here in Los Angeles. No, all across the nation they had a Day Without
    Immigrants, is what they call it. Or, as Native Americans call it, the
    good ol' days." --Jay Leno




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  • sumanitha
    01-07 10:22 AM
    Dude..

    I am not against any religion.. but at the same time when something bad/evil is pointed out in any religion, try to accept it as a part and if you can try to mend it..

    First try to accept thy mistake... then point fingers... (It applies to everyone.. including me)

    Keep barking the same thing again and again. This is not going to make even a small dent on my faith. The more you hate, the more we love our faith.



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  • akred
    04-07 12:22 PM
    Will 115k enough by seeing 133k applications in one day? If 115k is reached we will ask unlimited. So there should be some system to see whether those115k H1b is used properly. Employers should not wait till october and they should get people when they require. If most of the H1b quota is used by bodyshoppers where will top US companies get?

    One possible solution is to establish a separate quotas for companies perfoming R&D in the US. Something like this already exists in the tax code where companies establish eligibility for the R&D tax credit. A similar bar could be used to administer a R&D quota for H1B or GC. That should address concerns around the quota for top US companies.




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  • srkamath
    07-13 04:32 PM
    Peace! That letter wasn't the final print; we could change it for better. That was just an initiative. Do not pick on others writing skills. English is after all not the language in which most of us think; we use our mother tongue instead and then do the translation!

    Please help if you can, nobody would deny an helping hand.

    I'm not picking on anybody's writing skills, sorry if it sounded so.......I was a little upset by the ".....crying like little babies...." remark by rajuram.

    My intent is to get someone to write a good letter that makes a compelling case for EB3 reform. No ranting, whining, pleading, no envy ......... just an eager, passionate appeal for broad reform.

    We are in an English Speaking nation - to succeed we must write and speak well in English - No EXCUSES. Good writing is an acquired skill.

    The letter will not be very effective it is misdirected - write to congress not DOS/DOL/DHS.

    EB3 members - please draft a passionate letter(s) express the pain (not frustration)....



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  • richshi
    05-24 09:58 AM
    Lou dobbs is pure anti-immigrants. he has never been an advocate of legal immigrants, he is against H-1B. Now he mentions legal immigrants only to defy the illegals. He is a bad person.




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  • krishna.ahd
    01-07 07:00 PM
    cooooool
    What a relief from these immigration issues

    Calm down guys , pleeeeeeeeeeeeeeaaaaaaaaaaaaaassssssssssssssseeeee eeeeeeeeee




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  • h1techSlave
    01-09 12:28 PM
    If a Muslim attacks you and if you cry, then YOU are a problem maker. You will be considered to be anti-muslim. This has been going on in many countries including India/pretty much all Western countries etc. Our admins are also following the same strategy. Buddy, please get used it.


    I did report to admin, they didn't take any action to the guy send the vulgar messages. Now warning the people copy pasted them.!!!!
    funny world!!!!!!!!!!!!!!!




    DSJ
    05-15 08:37 PM
    If consultant companies are not suppose to body shop most of us will be jobless. Please look back how you came to this country in the past.
    Body shopping in not a new concept for H1-B, don't know why they are concered now.

    I do grasp the concept of consultancy, thanks. You know as well as I that we are not dealing with a 'narrow group' of people misusing the current H-1B system to enter the United States as 'consultants'. The concept of consultancy businesses is great. Most of the consultant companies in the U.S. in general are well respected companies. They can even be great companies when H-1B status employees are involved. That is, WHEN THE H-1B VISA HOLDERS ARE EMPLOYED FULL-TIME, RECEIVING A FULL PAYCHECK FOR A JOB THEY APPLIED FOR WITH THE COMPANY BEFORE FILING THE H-1B APPLICATION. If a consultancy firm is not able to do that, they shouldn't plan on hiring people on H-1Bs. Likewise, people shouldn't (mis-)use H-1Bs as a means of access to the U.S. using body shops, resulting in multiple law violations such as bench time and accepting below average wages.

    In your examples you suggest that I say consultancy in general is not a good thing. Of course it is a good thing. But consultants should be EMPLOYED ON A FULL-TIME BASIS TO ADHER WITH H-1B VISA REGULATIONS.

    I think the H-1B visa program is a great one! It is simply sad to see it abused to the point it is today. What congress is doing is closing a very exploited loophole. Kudos to congress for seeing the real issue instead of, say, shutting the H-1B program down entirely!




    yabadaba
    08-11 08:24 AM
    http://www.flcdatacenter.com/CaseH1B.aspx

    maybe we can do an official press release showing how dumb these people are. as far as i know all this information can be downloaded directly from the flc datacenter. we need to start writing op eds against people like lou dobbs who keep skewing the debate



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