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  • Gravitation
    03-25 05:29 PM
    If you make money using Biggerpockets... send me $100.:D

    If I make money from a due to a piece of information or knowledge directly obtained from biggerpockets, I'll buy you a beer! :D





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  • xyzgc
    12-26 04:21 PM
    Look at stratfor.com

    Let us prove India is not a land of cowards, let us show that we are strong and we don't allow terrorists to attack our cities and our senate with impunity.

    Remember, even your favorite Obama would not have hesitated to attack Afghanistan and Iraq post 9-11. He maintains he was opposed to the war on Iraq, but he has never said anything about Afghanistan. In fact, nobody did.

    Most americans have supported the attack on Afghanistan, where Osama is believed to hiding along with other terrorists. Most americans oppose war on Iraq, because over 10k american soldiers have died, Isince the Iraq war began and the economy is in shambles and Iraqis are a drain on the failing economy.

    In Obama's reminders that he opposed the Iraq war in 2002, he contrasts his record with that of Hillary Clinton, who voted for the war.
    Yet a comparison of all 85 votes the Senate has held on Iraq since Obama entered the chamber shows he and Clinton differed only once -- when Obama voted to support the nomination of Gen. George Casey, the top commander in Iraq for nearly three years, to become the Army chief of staff.





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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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  • ca_immigrant
    06-23 03:55 PM
    I'm surprised nobody is even considering the other aspect i.e. the pleasure to live in your own house. We people are living in US in a small sized appt. while we bought houses in India, which is on rent. You will never know the pleasure of living in your own space...

    in agreement.....there is definately pleasure in living in your own house....



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  • gotgc?
    12-17 10:44 PM
    It is true that 99.99% of Muslims are not terrorists. But 99.99% of World's hardcore terrorists are Muslims.

    It is absolutely true...why is that all terrorists are muslims..something is wrong...





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  • pthoko
    07-11 02:39 PM
    Hi UN, Please take a look when u get a chance


    First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

    Here's my situation(I think a case of status violation)


    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.



    From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
    Do they catch this during I-140 stage??

    ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!

    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??




    Thanks.



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  • nojoke
    04-17 04:13 PM
    http://dqnews.com/News/California/Bay-Area/RRBay080417.aspx

    It is down by 100K compared to last year. Just like I said, every year it is going to be 100K down for 2 more years.:D





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  • gimme_GC2006
    03-23 11:31 AM
    looks like your case have been picked up for random check.......Do you have US masters degree?

    No..I dont have a US masters degree.

    Also, yea..I understand that my case was picked up for random check..but they already picked up in Apr 2008 and sent it to NBC..and then in Aug 2007 they sent it to local office where I was interviewed..

    My PD was current in both Aug 07 and Sep 07 per bulletin..but during interview in Aug07,we realized that visa numbers were long gone (which was confirmed by DOS in sep)..that was the only reason we didnt get stamped that time..per..Interviewing officer..

    So not sure what this is now..also they wanted copy of Degree certificates?..comeon we sent those along with 485 application.. :D:D


    Anyway thanks to you and chandu for respoding :)



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  • GCKaMaara
    12-17 05:14 PM
    the mumbai incident was a terrible one. the guilty must be punished to the fullest extent, be it people from any background doing it in the name of religion.

    In the same way the people in this forum should have been angry/troubled over the killings in orissa where innocent christians were beaten, raped, killed, burned alive, home destroyed and chased from the homes to the jungles just because of their faith. this sort of crimes against christians is taking place throughout many parts of India. I am sure this will not go unpunished on the people who did/do these terrible things. the punishment may be delayed, but I am 100% sure it's going to be devastating on the people. mark my words. 'Coz I believe there is a God above, who watches and at the appointed time the punishment will come.

    But the bible also says that God is forgiving. The Bible says the following:
    "If we confess our sins, God is faithful and just to forgive us our sins and to cleanse us from all unrighteousness." (1 John; chap 1 verse 9)

    Also it says in the book of John (chapter 3 verse 16):
    "For God so loved the world (mankind) that he gave his son Jesus Christ to die as a sacrifice (for the sins of mankind), that whoever believes in Him (and repent), shall not perish but have eternal life".

    Any innocent killed must be stopped. My faith is any person who does it or supports it must and will be punished by God.





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  • nat23
    11-15 06:52 AM
    Yesterday Lou Dobb said on his show that he wants the borders and ports to be secured first and then talk about illegal immigration.

    It seems that he acknowledges that 11 million people will have to be given some sort of visa or they will remain in the country and no one will be able to do anything about it without spending billions of dollars.

    Thats an interesting change in his strategy.



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  • nogc_noproblem
    08-22 02:59 PM
    A university committee was selecting a new dean.
    They had narrowed the candidates down to a mathematician, an economist and a lawyer.

    Each was asked this question during their interview: "How much is two plus two?"

    The mathematician answered immediately, "Four."

    The economist thought for several minutes and finally answered, "Four, plus or minus one."

    Finally the lawyer stood up, peered around the room and motioned silently for the committee members to gather close to him. In a hushed, conspiratorial tone, he replied, "How much do you want it to be?"





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  • xyzgc
    01-03 05:56 PM
    Nojoke,

    Will you accept responsibility of Gujrat Massacre first ?
    and hand over all those to International Criminal Court..

    Will you accept responsibility of Babri Mosque demolation?

    India and media continues to talk about proof but why that proof is not share with UN, Interpoo ? Why so hush hush...I am sure you know that both sided dont even truct opposite umpires in cricket match...and you think Pakistan government will just believe on Indian word that 'they have proof"..

    point is...Pakistanis and Pakistani state is not responsible for Mubmai attacks. We have suffered on hands of these extremist just like you have.. we had 60+ suicide bombings, hundreds of civilians killed, Marriot Blast...

    point is...India and Indians are not responsible for Babri Mosque demolations or Gujrat Massacre..you have suffered enough like us.

    War is not solution...you will be naive to think that Pakistan will not retaliate..in matter of minutes..both sides will loose many able folks during war..and that is what terrorists want..

    Need of hour is to condem these acts in any way shape or form in Pakistan, India, Kashmir etc..and work together to weed these elements out..

    I have many close Indian friends and believe me, from deep of my heart, I dont mean any harm whatsoever..and I am sure they dont mean harm to me as well.

    I wish both sides can site on table, have chai or lasse and start talks on following items:

    1. How to curb terrorism in India and Pakistan and Afghanistan..
    I have no doubt that if both sides do this, we can weed these nuts
    out.
    2. We must somehow find some solution to Kashmir ...it fuels nuts all around the world. It bogs down Pakistan and India and stops any cooperation.
    I am Kashmiri..and it doesnot matter who fires ...in Indian Adminstred Kashmir or Pakistani Adminstred Kashmir, my people get killed..
    If UK can live with Germany and France after bitter WWII ..we sure can...
    3. I am for Open Visas...so both sides can travel freely..As India develops its economy further, it can outsource many activities to 30 M Pakistani youth
    4. Lets excahnge prisoners ..those are poor people rotting in jails for no reasons..and even if there is some stupid reason, ask Presidents to pardon them...

    You work in US and know every issue needs compromise, discussion and then something gets done..

    You are a Kashmiri muslim.
    Will you accept the responsibility of making hundreds of thousands Kashimiri pandits homeless? Will you accept the responsibility for the Godhra attack?
    Do you have a time machine that can take you back to 1600 A.D and stop the evil islamic barbarics from pillaging our land? Can you? Or you need a proof for that as well to interpol?

    1. To curb terrorism, Pakistan must destroy all the terror camps. Its not doing it, its not handing over any terrorists, what's the point of having cup of chai and talking non-sense?

    2. You are a Kashmiri. Tell us, what is a possible solution? India will not hand over the remainder of the Kashmir because part of the Kashmir is already occupied by Pakistan. Period. Now, do you have a solution?

    3. You are open for open visas. What good will it do except for terrorists to come in freely and legally?

    4. By exchanging prisoners you mean hand over the terrorists, right. Hand over Afzal and Kasam and the other butchers. And ask president to pardon them.
    Sorry, won't happen.

    What else?



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  • alterego
    10-03 02:48 PM
    Fundamental decency and fairness demand that this issue be addressed by congress. When one comes to this country at the invitation of their employer, works hard, abides by all the laws, pays into the social safety net and taxes with not even a vote in the country, and with the implicit belief in the founding principles of this country as a country of immigrants. I feel it is truly against the core principles that strengthened this country.
    What am I to do after 11 yrs here, having invested my youth and my hopes in this country. Where am I to go, to start over. Why? What of the disruption to those whose job depends on my presence here?
    Only a right wing ideologue nativist can argue that those like us should not be given full acceptance in society. It is apparent to every observer that there is a xenophobic slant to their argument. If an argument is made against us, why not an argument by native Americans that their homeland was stolen. No number of generations of presence here could effectively address that. The irony is that the quality of life of indigenous americans has been enriched by the presence of immigrants. It is a part of the magic of America. It is a magic that no ideologue should be allowed to extinguish.
    I sincerely hope Barack Obama can reignite this threatened ideal in America. He has the awareness of the issues around it and the skills to do it, but will he? I don't know but I certainly hope so.





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  • sanju
    04-08 10:30 PM
    Make no mistake about it, IEEE-USA is not for any meaningful reform. They say that they support green card reform but actually they don’t. Otherwise they would have included some green card provisions in this bill, at least 485 filing provision. They make it look like they support green card reform because they do not want themselves to be looked upon as anti-immigrants. But that is who they are.

    Just as an example: Ron Hira says that H1s drive down wages when they come and work here. If we go back, Ron Hira says H1s promote outsourcing. If we stay here, Ron Hira says we take jobs of people here. So no matter what we do, the bottom line is, IEEE-USA has a problem with people on H1. They have a problem with our existence, not just here, but anywhere. Why? Because they don't like competition from us. And here is another fact, guys lobbying for this bill are actually racist and they just warp their objective around the economic argument.



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  • saveimmigration
    08-05 10:41 PM
    Totally agree. This letter is factually incorrect.
    If you did not like EB3 and felt you are worthy of EB2, they why did you not fight with your HR and Lawyer?
    Why do you want to accuse DOL for the mistakes of your HR and Lawyer. Why don't you write this 'from your heart' letter to your HR and lawyer first? and sue them?


    Agree. Qualifying in a particular category is an individual problem. It cannot be generalized or taken for granted. It is your responsibility to take up the issue individually if you think you are EB2 OR EB1





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  • rockstart
    03-23 12:19 PM
    If the e-mail address is ending with "dot GOV" then you should be fine. If some is mailing from yahoo & gmail then dont respond.

    thanks for the suggestion..if I get email..I will ask for a Mailing address for sure.



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  • akgind
    08-05 04:01 PM
    "...We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

    More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more."

    Where is the evidence? Interfiling has been legal for several years and yet EB2 PD is at 2006 whereas EB3 is still hovering around 2001. The fact is that interfiling benefits only a small fraction of EB3 filers.

    Rollong_Flood, you are misleading the entire IV community.





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  • xyzgc
    01-01 01:30 PM
    I agree partly with what Alisa is saying ..war is definitely not the answer ..hopefully as years pass by (my feeling is atleast 50 years) ...more and more pakistanis will realise that the key to better life is to lead a modern life and become a modern country like malaysia(which has its own faults though).
    on the other hand ..Alisa ..don't you think Pakistan should atleast handover some of the terrorists who are wanted particularly the MF/SF bastard Dawood ?
    basically u cannot have cake and eat it too ..if pak wants good relations/goodwill with India then they should take some action

    And in those 50 years, assuming you are an Indian, your family becomes a victim of the terrorist attack, will you still hold on to your ideas of peace?

    Its not the question of average Paki realizing what's wrong and what's right. Its about the army dictators that run Pakistan. Will they realize that? Should we wait for them to realize that and keep suffering in the process?

    Pakistan will not handover anybody to India. India will hand over Kasam and Afzal (parliament attacker) to Pakistani terrorists - in line with turning the other cheek, after receiving this slap from the terrorists.





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  • prioritydate
    01-10 10:21 PM
    With Israel on the offensive and so many jihadis getting whacked - don't you think that there'll be a serious shortage of virgins in jihadi heaven :D

    LOL! Short of virgins! Man! what a drag...





    abcdgc
    12-27 09:20 AM
    Alisa, you sound like rational Pakistani who can think and judge the things by oneself. I wish % like you people increase in Pakistan.

    Marphad,

    Please don't get fooled again by this kind of sweet talk. This is the same kind of talk that Musharraf did with Americans after 9/11. But no terrorist camps were dismantled and Pakistan continues to provide safe heaven to taliban and bin ladin. Every time US or India or someone else is about to take a stern action, the most clever wing of Pakistan kicks-in, to do this sweet talk. I don't trust this sweet but filthy expression anymore. Pakistan is not even ready to prosecute LeT, JeM leaders. Just 1 guy is under "house arrest" for Mumbai attacks. If Pakistan were serious, there would be more real action on the ground. Instead, the government is trying to find reasons not to take any action. Alisa is just saying the same thing, justifying the inaction of Pakistani government. The bottom line is, Pakistan is not serious about dismantling the terrorism infrastructure. ISI continues to fund and supply arms to all terror outfits. Every terrorist attack also presents an opportunity to get ride of the bad guys. Civilized society is befooled by this sweet talk every time there is a possibility of some action. Since 9/11, the terror outfits have grown within Pakistan, even though world community thinks that Pakistan is "ally" in "war on terror". Bull Shit. India must conduct surgical strikes and should not let its guard down. The only other option is, wait for the next attack by terrorist coming from Pakistan. Next time it will someone else's brother or mother. I don't want it to be my brother or my mother. And so I demand action from Indian government RIGHT NOW. I have given piece of my mind by calling and writing emails & letters to news anchors who even remotely suggested against attacking pakistan. I see their tone change. I have also called the government and written letters demanding action, and will continue to do so till there is response to the war waged on us. And I request you and others do the same.





    anilsal
    11-12 11:59 PM
    Now i remember about my Indian friend who passed through the "H1B turned GC holder" route bad mouthing about US h1 policy ( that time there was an attempt to hike the quota by some 20000 and he was deeply upset by that ).

    It is not about your Indian friend alone. There are a large number of people who have got GC/Citizenship via some form of immigration (mostly family) and are bad mouthing H1B holders/quota etc. In addition, since some of them run businesses, guess which party they love. ;)



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