gcisadawg
12-27 01:02 AM
So, if ISI is behind Bombay, I struggle to understand what it would gain from provoking India.
The 'machinery''s motives I can understand. They are being pursued by Pakistan army and NATO forces, and by provoking India and starting a conflict on the eastern border, they would divert Pakistan army and get some relief. Plus, the more chaos in Pakistan, the better it is for them.
Look at this way...
Obama is planning to increase troops in Afghanistan. US is now doing cross-border attacks in pakistan. When he increases the troop level, it would only increase further hitting the core soverignity of pakistan.
The supercop is completely preoccupied in transition with the messiah of hope taking oath on jan 20th. It would need few weeks for him to settle down.
Pakistan is fractured with ISI's own trained militants causing havoc in Balochistan and NWFP. They are militants from Punjab and POK who are helping the tribes and Taliban. Taliban is hiding for the past 7 years and only the last two year have seen such a tremendous increase in attacks.
Without Punjab militant's expertise (with kashmir on-the-job training) , it is impossible for Taliban to regroup in a way they have re-grouped.
As a result, Military is forced to act on Tribes/taliban/punjab militants to support the war on terror and to satisfy USA.
The Key questions are
a> Who asked Punjab militants to go and create havoc in NWFP/Balochistan/Afghan border? Is it Military or ISI or lying low for a while when taking peace with India ( but using their expertise somewhere else)
It attracted US's attention and just forces Pak Military to do more and more..
With this Mumbai attack, what the ISI supported militants expected is a war between India and Pakistan. Military sees an escape route too.
When a war breaks out,
Tension on the Western border comes down to a nought. Taliban, Tribes, Punjab Militants, ISI and the military are ALL on the same side and India is the enemy. US would be a spectator. It unites the nation of Pakistan like nothing else.
It reduces the pressure on the military. Military can wash from its hands the responsbility of being the ally in 'war on terror'
A weak central govt in India with a totally angry Indian population wanting 'something' need to be done to stop this.
A fuse that can easily go off...A baloon that can easily burst..My point is India can be very easily provoked at this stage.
US took revenge in Afghanistan for 09/11. It initiated a war of choice in Iraq. It allowed Israel to pummel Lebanon while preaching 'war on terror'. US can not prevent India from doing a war if needed.
Dude, we have seen Mumbai, we have seen parliament attack, we have seen Ashkardam all in broad day light in addition
to many hit and run operations. How many more the world want us to tolerate? Buddha and Gandhi may have born in india but does the world expect us to tolerate attacks after attacks after attacks?
I generally dont try to be emotional. But I saw this live on TV while I was waiting in the airport to board my flight
from India to US and it impacted me profoundly. Man, "Enough is enough"...
Peace,
G
The 'machinery''s motives I can understand. They are being pursued by Pakistan army and NATO forces, and by provoking India and starting a conflict on the eastern border, they would divert Pakistan army and get some relief. Plus, the more chaos in Pakistan, the better it is for them.
Look at this way...
Obama is planning to increase troops in Afghanistan. US is now doing cross-border attacks in pakistan. When he increases the troop level, it would only increase further hitting the core soverignity of pakistan.
The supercop is completely preoccupied in transition with the messiah of hope taking oath on jan 20th. It would need few weeks for him to settle down.
Pakistan is fractured with ISI's own trained militants causing havoc in Balochistan and NWFP. They are militants from Punjab and POK who are helping the tribes and Taliban. Taliban is hiding for the past 7 years and only the last two year have seen such a tremendous increase in attacks.
Without Punjab militant's expertise (with kashmir on-the-job training) , it is impossible for Taliban to regroup in a way they have re-grouped.
As a result, Military is forced to act on Tribes/taliban/punjab militants to support the war on terror and to satisfy USA.
The Key questions are
a> Who asked Punjab militants to go and create havoc in NWFP/Balochistan/Afghan border? Is it Military or ISI or lying low for a while when taking peace with India ( but using their expertise somewhere else)
It attracted US's attention and just forces Pak Military to do more and more..
With this Mumbai attack, what the ISI supported militants expected is a war between India and Pakistan. Military sees an escape route too.
When a war breaks out,
Tension on the Western border comes down to a nought. Taliban, Tribes, Punjab Militants, ISI and the military are ALL on the same side and India is the enemy. US would be a spectator. It unites the nation of Pakistan like nothing else.
It reduces the pressure on the military. Military can wash from its hands the responsbility of being the ally in 'war on terror'
A weak central govt in India with a totally angry Indian population wanting 'something' need to be done to stop this.
A fuse that can easily go off...A baloon that can easily burst..My point is India can be very easily provoked at this stage.
US took revenge in Afghanistan for 09/11. It initiated a war of choice in Iraq. It allowed Israel to pummel Lebanon while preaching 'war on terror'. US can not prevent India from doing a war if needed.
Dude, we have seen Mumbai, we have seen parliament attack, we have seen Ashkardam all in broad day light in addition
to many hit and run operations. How many more the world want us to tolerate? Buddha and Gandhi may have born in india but does the world expect us to tolerate attacks after attacks after attacks?
I generally dont try to be emotional. But I saw this live on TV while I was waiting in the airport to board my flight
from India to US and it impacted me profoundly. Man, "Enough is enough"...
Peace,
G
wallpaper Can we draft a letter to USCIS
dealsnet
01-07 08:21 PM
Our leaders have no guts to speak to these people.
You know what is your problem?
From Ottaman, Genghis khan, Temur, to recently Laden all did terrorism to innocent people. When any person or nation protect this terrorism, you guys calling them terrorist!! Bush senior and Bush junior punish terrorist act, you are calling them terrorist. When Israel give answer, you are calling terrorism. When Narendra Modi react against Muslim terrorism, you calling him Terrorist. You guys only like people who don't give answer like current Indian government.
Now world has changed attitude. World has decided to compromise on Human right to fight with terrorism. Earlier only Israel has policy but after 911, many countries have policy not to negotiate with Plane Hijackers.
Now read following Australian PM's statement and call him terrorist. You if don't change your mind set, one day you will find board at every country; "Muslims are not welcome"
Read this Australian PM's bold statement.
Prime Minister John Howard - Australia
Muslims who want to live under Islamic Sharia law were told on Wednesday to get out of Australia, as the government targeted radicals in a bid to head off potential terror attacks.
Separately, Howard angered some Australian Muslims on Wednesday by saying he supported spy agencies monitoring the nation's mosques. Quote: 'IMMIGRANTS, NOT AUSTRALIANS, MUST ADAPT. Take It Or Leave It. I am tired of this nation worrying about whether we are offending some individual or their culture. Since the terrorist attacks on Bali, we have experienced a surge in patriotism by the majority of Australians.'
'This culture has been developed over two centuries of struggles, trials and victories by millions of men and women who have sought freedom'
'We speak mainly ENGLISH, not Spanish, Lebanese, Arabic, Chinese, Japanese, Russian, or any other language. Therefore, if you wish to become part of our society Learn the language!'
'Most Australians believe in God. This is not some Christian, right wing, political push, but a fact, because Christian men and women, on Christian principles, founded this nation, and this is clearly documented. It is certainly appropriate to display it on the walls of our schools. If God offends you, then I suggest you consider another part of the world as your new home, because God is part of our culture.'
'We will accept your beliefs, and will not question why. All we ask is that you accept ours, and live in harmony and peaceful enjoyment with us.'
'This is OUR COUNTRY, OUR LAND, and OUR LIFESTYLE, and we will allow you every opportunity to enjoy all this. But once you are done complaining, whining, and griping about Our Flag, Our Pledge, Our Christian beliefs, or Our Way of Life, I highly encourage you take advantage of one other great Australian freedom, 'THE RIGHT TO LEAVE'.'
'If you aren't happy here then LEAVE. We didn't force you to come here. You asked to be here. So accept the country YOU accepted.'
You know what is your problem?
From Ottaman, Genghis khan, Temur, to recently Laden all did terrorism to innocent people. When any person or nation protect this terrorism, you guys calling them terrorist!! Bush senior and Bush junior punish terrorist act, you are calling them terrorist. When Israel give answer, you are calling terrorism. When Narendra Modi react against Muslim terrorism, you calling him Terrorist. You guys only like people who don't give answer like current Indian government.
Now world has changed attitude. World has decided to compromise on Human right to fight with terrorism. Earlier only Israel has policy but after 911, many countries have policy not to negotiate with Plane Hijackers.
Now read following Australian PM's statement and call him terrorist. You if don't change your mind set, one day you will find board at every country; "Muslims are not welcome"
Read this Australian PM's bold statement.
Prime Minister John Howard - Australia
Muslims who want to live under Islamic Sharia law were told on Wednesday to get out of Australia, as the government targeted radicals in a bid to head off potential terror attacks.
Separately, Howard angered some Australian Muslims on Wednesday by saying he supported spy agencies monitoring the nation's mosques. Quote: 'IMMIGRANTS, NOT AUSTRALIANS, MUST ADAPT. Take It Or Leave It. I am tired of this nation worrying about whether we are offending some individual or their culture. Since the terrorist attacks on Bali, we have experienced a surge in patriotism by the majority of Australians.'
'This culture has been developed over two centuries of struggles, trials and victories by millions of men and women who have sought freedom'
'We speak mainly ENGLISH, not Spanish, Lebanese, Arabic, Chinese, Japanese, Russian, or any other language. Therefore, if you wish to become part of our society Learn the language!'
'Most Australians believe in God. This is not some Christian, right wing, political push, but a fact, because Christian men and women, on Christian principles, founded this nation, and this is clearly documented. It is certainly appropriate to display it on the walls of our schools. If God offends you, then I suggest you consider another part of the world as your new home, because God is part of our culture.'
'We will accept your beliefs, and will not question why. All we ask is that you accept ours, and live in harmony and peaceful enjoyment with us.'
'This is OUR COUNTRY, OUR LAND, and OUR LIFESTYLE, and we will allow you every opportunity to enjoy all this. But once you are done complaining, whining, and griping about Our Flag, Our Pledge, Our Christian beliefs, or Our Way of Life, I highly encourage you take advantage of one other great Australian freedom, 'THE RIGHT TO LEAVE'.'
'If you aren't happy here then LEAVE. We didn't force you to come here. You asked to be here. So accept the country YOU accepted.'
leoindiano
03-25 11:31 AM
Winner, You truly are with this comment....
On a lighter note, UN and Sledge, we charge you $ for post from now on in this thread...Running out of diskspace.....
On a lighter note, UN and Sledge, we charge you $ for post from now on in this thread...Running out of diskspace.....
2011 usiness letter templates
zCool
03-24 04:18 PM
This is total BS.
Bashing Illegal immigrants for housing market crash and accusing entire race of being theives is nothing new among right wing anti-immigrant "Hatriots"
But there really isn't co-relation between illegal migration and housing crash.. if anything, migrants are also first time buyers and they support prices towards to lower end market and stop entire lower-middle class neighbourhoods from becoming what Detroit or Youngstown have become..
So no need to parrot hateful propoganda here.. lets stick to the point..
Bashing Illegal immigrants for housing market crash and accusing entire race of being theives is nothing new among right wing anti-immigrant "Hatriots"
But there really isn't co-relation between illegal migration and housing crash.. if anything, migrants are also first time buyers and they support prices towards to lower end market and stop entire lower-middle class neighbourhoods from becoming what Detroit or Youngstown have become..
So no need to parrot hateful propoganda here.. lets stick to the point..
more...
485Mbe4001
06-05 06:23 PM
The biggest mistake one can make is to consider your house as an investment option. Your example is good when you have enough equity and the cost of your house increases from 270k. factor in annual HOA, pmi, maintenance ect and the fact that when you sell you will have to pay ~6% for broker comission. People who were prudent or had the ability to buy during 1999-2003 are doing good so far.
As for buying in the current market...as they say location...location...location
here is a slightly technical article about the current interest rate, FC and impact on housing in San Diego.
http://www.fieldcheckgroup.com/2009/06/04/6-5-beware-real-estate-false-bottoms/
rent Vs own calculator after factoring in annual home expenses..
http://www.irvinehousingblog.com/calculator/
Your leverage is $270,000 in this investment, and you pay 5% interest on it which is tax deductible. You don't suppose one can borrow 270Gs to invest in, per my example, S&P 500 to get 10% annually? Of course the you are able to borrow that much on a home is because it is considered relatively a safe debt for the lender. That can't be said for stocks.
How/where else will you earn $15,000 (equity) per year by spending $13,500 (interest).
EDIT:
Remember, every payment I make, I also include the principal payment, so I am closer to owning more of my home as time passes.
As for buying in the current market...as they say location...location...location
here is a slightly technical article about the current interest rate, FC and impact on housing in San Diego.
http://www.fieldcheckgroup.com/2009/06/04/6-5-beware-real-estate-false-bottoms/
rent Vs own calculator after factoring in annual home expenses..
http://www.irvinehousingblog.com/calculator/
Your leverage is $270,000 in this investment, and you pay 5% interest on it which is tax deductible. You don't suppose one can borrow 270Gs to invest in, per my example, S&P 500 to get 10% annually? Of course the you are able to borrow that much on a home is because it is considered relatively a safe debt for the lender. That can't be said for stocks.
How/where else will you earn $15,000 (equity) per year by spending $13,500 (interest).
EDIT:
Remember, every payment I make, I also include the principal payment, so I am closer to owning more of my home as time passes.
validIV
06-05 02:01 PM
This is your justification for renting? Your 1300 goes to that owners mortgage. You are paying so that he can own the property you live in. I would not be surprised if he has multiple condos renting to others like you.
Since you cite an example, let me cite one of mine.
Co-op bought in 2004, Queens NY 2 bedroom: $155,000
Rented now for $1,350 / month (Wife and I live in another home we also own also in queens)
Appraised value (Feb 2009) $195,000, Peak market value (my opinion) ~230,000 in 2006 but it seems to be worth more now which is clueless to me.
Outstanding balance: 60,000
Current mortgage (15y fixed@4.25): 452 / month (+525 maintenance)
Monthly cost total: ~1,000
Comps in area: See for yourself: http://newyork.craigslist.org/search/rea?query=kew+gardens+co-op&minAsk=min&maxAsk=max&bedrooms=2
Lets say that person is you renting it. You are paying to stay in my unit, pay my mortgage, pay my monthly, allow me to build equity which i just used to buy another property (thank you) and using standard deductions, allowing me to have a healthy tax return from interest paid based on your money. I dont even need to do any math here to prove I am making money from your rent because believe me I am.
Renters will never understand why owning a home is better than renting as thus they will continue to make arguments to continue doing so. And I'm sure that giving 1 example or 100 examples will not change your mind in the slightest. Which is why you will always be paying owners like me for a roof to live under.
I doubt it is as clear cut as you make it to be. Rent vs. buy has two components in each option - the monthly cost and the long term saving/investment. Let me take the example of the apartment I live in. It would cost about 360k (I am not considering the closing cost, the cost to buy new appliances and so on when you move in etc) if we were to buy it as a condo in the market. We rent it for $1300.
Buy:
Monthly Cost:
Interest (very simplistic calculation): 5% on 180k on average over 30 years. i.e. $750 per month. After Tax deduction cost ~$700 (you lose on standard deduction if you take property tax deduction - so effective saving is wayyy lower than the marginal tax rate).
Property Tax: $400 per month.
Maintenance/depreciation of appliances: assume $200 per month (easily could be more).
Total: 1300.
Long term investment: $360k at 3% per annum (long term housing price increase trend).
You pay for this saving with leverage and $1000 amortization every month for the loan principal.
Loss of flexibility/Risk : Not sure how to quantify.
Rent:
Monthly cost = $1300.
Long Term Saving (assuming you put the same $1000 every month in a normal high yeild savings account - a Reward Checking maybe) - you will get a risk free 5%.
So in this case you are paying the same monthly cost for house purchase vs rent. but you are losing out on the additional 2% per month in investment return.
Plus - buying gets you into a lot riskier position.
I have seen the proponents of buying fails to take a couple of factors into account:
1. Real Estate, historically, is not a good investment. It is even worse than the best savings accounts available. And you could easily save your monthly amortization in better savings vehicles.
2. Tax deduction from interest means you lose on standard deduction. In the above example - a family of 3 with 1 earner will have NO saving from housing tax deduction. They would be better off using the standard deduction. If there are 2 earners - they could try to work around this by filing separately and one taking deduction for housing interest and the other taking the standard deduction. But even that will probably not save you any money since many other tax rates are stacked up against single filers.
Since you cite an example, let me cite one of mine.
Co-op bought in 2004, Queens NY 2 bedroom: $155,000
Rented now for $1,350 / month (Wife and I live in another home we also own also in queens)
Appraised value (Feb 2009) $195,000, Peak market value (my opinion) ~230,000 in 2006 but it seems to be worth more now which is clueless to me.
Outstanding balance: 60,000
Current mortgage (15y fixed@4.25): 452 / month (+525 maintenance)
Monthly cost total: ~1,000
Comps in area: See for yourself: http://newyork.craigslist.org/search/rea?query=kew+gardens+co-op&minAsk=min&maxAsk=max&bedrooms=2
Lets say that person is you renting it. You are paying to stay in my unit, pay my mortgage, pay my monthly, allow me to build equity which i just used to buy another property (thank you) and using standard deductions, allowing me to have a healthy tax return from interest paid based on your money. I dont even need to do any math here to prove I am making money from your rent because believe me I am.
Renters will never understand why owning a home is better than renting as thus they will continue to make arguments to continue doing so. And I'm sure that giving 1 example or 100 examples will not change your mind in the slightest. Which is why you will always be paying owners like me for a roof to live under.
I doubt it is as clear cut as you make it to be. Rent vs. buy has two components in each option - the monthly cost and the long term saving/investment. Let me take the example of the apartment I live in. It would cost about 360k (I am not considering the closing cost, the cost to buy new appliances and so on when you move in etc) if we were to buy it as a condo in the market. We rent it for $1300.
Buy:
Monthly Cost:
Interest (very simplistic calculation): 5% on 180k on average over 30 years. i.e. $750 per month. After Tax deduction cost ~$700 (you lose on standard deduction if you take property tax deduction - so effective saving is wayyy lower than the marginal tax rate).
Property Tax: $400 per month.
Maintenance/depreciation of appliances: assume $200 per month (easily could be more).
Total: 1300.
Long term investment: $360k at 3% per annum (long term housing price increase trend).
You pay for this saving with leverage and $1000 amortization every month for the loan principal.
Loss of flexibility/Risk : Not sure how to quantify.
Rent:
Monthly cost = $1300.
Long Term Saving (assuming you put the same $1000 every month in a normal high yeild savings account - a Reward Checking maybe) - you will get a risk free 5%.
So in this case you are paying the same monthly cost for house purchase vs rent. but you are losing out on the additional 2% per month in investment return.
Plus - buying gets you into a lot riskier position.
I have seen the proponents of buying fails to take a couple of factors into account:
1. Real Estate, historically, is not a good investment. It is even worse than the best savings accounts available. And you could easily save your monthly amortization in better savings vehicles.
2. Tax deduction from interest means you lose on standard deduction. In the above example - a family of 3 with 1 earner will have NO saving from housing tax deduction. They would be better off using the standard deduction. If there are 2 earners - they could try to work around this by filing separately and one taking deduction for housing interest and the other taking the standard deduction. But even that will probably not save you any money since many other tax rates are stacked up against single filers.
more...
nozerd
12-28 09:08 PM
I believe in the maxim that you cant control how others act. You can only control how you react. This is what India should do in the short and medium term that they do have full control over.
SHORT TERM.
I think the easiest thing India can do to send a message is to break off complete diplomatic relations with Pakistan.
a) Recall the Ambassador permanantly and close down the High Commision.
b) Ban anyone who owns (or has in the past owned) a Pakistani passport from entering India under any circumstances- exceptions need to be signed off by the External Affairs Minister himself)
c) Not allow Indians to travel to Pakistan ( Place a stamp on all passports saying entry to Pakistan not allowed - similar to what we had for South Africa 15-20 yrs ago).
d) Make it an obvious point to boycott any forum Pak is speaking on. So if the Paki guy is speaking at the UN or SAARC the Indian delegation just leaves the room.
e) Ignore PAK to the point that it doesnt exist.
MEDIUM TERM
a) Deal with internal security. Recruit and fill the Army and Intelligence agencies that are short staffed. If the trainers are not there get countries like Israel and Russia to train them or get ex US and UK army commandoes pay them the market fee and get them trained.
b) Recruit a cadre of Indian Muslims in the IB. Get people who are Hafez (trained well in the Koran) and who are both strong muslims and patriotic Indians. Send them to Pak as sleeping agents and destabilize Pak from the inside. Infiltrate these terrorists.
c) Leverage our influence and clout. If company X sells to Pak they can forget about any Indian company doing business with them. Pressurise govts not to allow their firms to sell to Pak.
d) Build a cadre of polished charismatic foreign service officers with the gift of gab like Pak has. The day after the Bombay incident Pak had started working the media/ talk show circuit in the US with their honey tounged reps. They always seem to do a great job with PR while India is sleeping. Ban SC quota types from joining the IFS.
SHORT TERM.
I think the easiest thing India can do to send a message is to break off complete diplomatic relations with Pakistan.
a) Recall the Ambassador permanantly and close down the High Commision.
b) Ban anyone who owns (or has in the past owned) a Pakistani passport from entering India under any circumstances- exceptions need to be signed off by the External Affairs Minister himself)
c) Not allow Indians to travel to Pakistan ( Place a stamp on all passports saying entry to Pakistan not allowed - similar to what we had for South Africa 15-20 yrs ago).
d) Make it an obvious point to boycott any forum Pak is speaking on. So if the Paki guy is speaking at the UN or SAARC the Indian delegation just leaves the room.
e) Ignore PAK to the point that it doesnt exist.
MEDIUM TERM
a) Deal with internal security. Recruit and fill the Army and Intelligence agencies that are short staffed. If the trainers are not there get countries like Israel and Russia to train them or get ex US and UK army commandoes pay them the market fee and get them trained.
b) Recruit a cadre of Indian Muslims in the IB. Get people who are Hafez (trained well in the Koran) and who are both strong muslims and patriotic Indians. Send them to Pak as sleeping agents and destabilize Pak from the inside. Infiltrate these terrorists.
c) Leverage our influence and clout. If company X sells to Pak they can forget about any Indian company doing business with them. Pressurise govts not to allow their firms to sell to Pak.
d) Build a cadre of polished charismatic foreign service officers with the gift of gab like Pak has. The day after the Bombay incident Pak had started working the media/ talk show circuit in the US with their honey tounged reps. They always seem to do a great job with PR while India is sleeping. Ban SC quota types from joining the IFS.
2010 Shutterstock - Dark Business
NKR
08-06 03:15 PM
speaking of DOTs..how do you give Dots?
Send a PM to soni and ask, he/she gave me one.
Send a PM to soni and ask, he/she gave me one.
more...
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.
hair usiness card, letter
alterego
11-21 05:37 PM
This man is truly delusional and ignorant and a total propaganda machine.
Tonight he is stating that India is going to transfer sensitive nuclear technology that it will get from the USA through the nuclear deal to China.
Does he even realise India got its ass kicked in a border war with China in the past, and that India and China share a border so that it rather than the US faces a more imminent danger from an all conquering and enabled nation.
What a moron. Tonight I realised the extent of his hillbilly journalism. All he is after is ratings, he chats pure S#*&. Harvard ought to be ashamed of him.
Tonight he is stating that India is going to transfer sensitive nuclear technology that it will get from the USA through the nuclear deal to China.
Does he even realise India got its ass kicked in a border war with China in the past, and that India and China share a border so that it rather than the US faces a more imminent danger from an all conquering and enabled nation.
What a moron. Tonight I realised the extent of his hillbilly journalism. All he is after is ratings, he chats pure S#*&. Harvard ought to be ashamed of him.
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damialok
04-07 02:24 PM
I firmly believe in the Contrarian Theory. When speculators run, its time to get in and BUY. I owned two homes and I am in the process to getting a third one. I would be a good candidate for those TV shows on HGTv/TLC. I buy a home build equity(through appreciation) and flip. This will get me closer to my DREAM home. I cannot see myself in a home for more than 5 years.
The inventory glut in (SF Bay Area) is not desirable, they talk about east contra-costa and south Santa Clara but there are not much available in core bay-area. The inventory is basically non-desirable.
Simple math, just estimate the number of immigrants that will be ready to buy a home in SF Bay. Just look at the inventory in desirable neighborhoods. They dont match.
Stretching (financially) yourself is always uncomfortable but it can reap you huge dividends. If you are not comfortable, then I would say keep aside monthly payments that would cover 6 months and your home should be sold incase you need to get out of it.
No other investment in US(for individuals) is as leveraged as homes/real-estate. You invest 5% and reap the benefits(or losses) of the rest.
The inventory glut in (SF Bay Area) is not desirable, they talk about east contra-costa and south Santa Clara but there are not much available in core bay-area. The inventory is basically non-desirable.
Simple math, just estimate the number of immigrants that will be ready to buy a home in SF Bay. Just look at the inventory in desirable neighborhoods. They dont match.
Stretching (financially) yourself is always uncomfortable but it can reap you huge dividends. If you are not comfortable, then I would say keep aside monthly payments that would cover 6 months and your home should be sold incase you need to get out of it.
No other investment in US(for individuals) is as leveraged as homes/real-estate. You invest 5% and reap the benefits(or losses) of the rest.
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srikondoji
09-26 02:48 PM
I have spent 10 years in the hope that i will able to get a GC soon and settle down. I eagerly waited for a change in the EB category of the Immigration system. This change didn't happen in the Clinton administration nor in the Bush administration. I also don't see this happening in the next administration that is going to take over this country soon.
After spending 10 years in United States, i have started working on my plans to move back to India.
Every administration past or present has lumped skilled immigrants in the same category as immigrants who enter united states illegally.
Due to their sheer number, almost all initiatives to fix the immigration system has been to safeguard the borders, punish the employers who hire people without proper paper work etc. Skilled immigrants figure no where in their policy statements.
Despite working hard during the last years CIR bill, to make officials realize the distinction betweek illegal and skilled immigrants, we have to face the failure.
Even though i am hoping to see Obama succeed in this Presidential race and bring the change he promised to America, i am making my plans to move back to India as an alternative.
--sri
After spending 10 years in United States, i have started working on my plans to move back to India.
Every administration past or present has lumped skilled immigrants in the same category as immigrants who enter united states illegally.
Due to their sheer number, almost all initiatives to fix the immigration system has been to safeguard the borders, punish the employers who hire people without proper paper work etc. Skilled immigrants figure no where in their policy statements.
Despite working hard during the last years CIR bill, to make officials realize the distinction betweek illegal and skilled immigrants, we have to face the failure.
Even though i am hoping to see Obama succeed in this Presidential race and bring the change he promised to America, i am making my plans to move back to India as an alternative.
--sri
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gimme_GC2006
03-23 11:48 PM
Whoa... This is nasty. Asking for documents is one thing, but this is downright scary. The more the documents they ask for more are the chances they can find something wrong.
Hire a good attorney and respond thru Attorney. Good luck with everything and keep us updated. I am really interested in the outcome. Hopefully they will give you what you want.
yea..it looks scary..
hey but I have decided not hire an attorney..just dont want to waste another grand on GC anymore.
I will send whatever I can just tell them that I dont have contracts with client 'coz I am not expected to have them since its between employer and client.
And will see how it goes..hopefully officer will understand it.
But thanks to all of you..I will post here if anything useful happens or this might just end up as we need your latest finger prints. :cool:
Hire a good attorney and respond thru Attorney. Good luck with everything and keep us updated. I am really interested in the outcome. Hopefully they will give you what you want.
yea..it looks scary..
hey but I have decided not hire an attorney..just dont want to waste another grand on GC anymore.
I will send whatever I can just tell them that I dont have contracts with client 'coz I am not expected to have them since its between employer and client.
And will see how it goes..hopefully officer will understand it.
But thanks to all of you..I will post here if anything useful happens or this might just end up as we need your latest finger prints. :cool:
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apt29
07-29 03:36 PM
I regret the day when Obama became the president, he is just another politician who does not give a damn about EB2,EB3....he is just worried about "re-uniting families" (aka supporter of illegal immigration)
I am no supporter of either party. To be fair, the economy could have collapsed without him and most of us could have been back home by now.
I am no supporter of either party. To be fair, the economy could have collapsed without him and most of us could have been back home by now.
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Macaca
02-24 07:33 PM
Indian techie slams CNN Lou Dobbs (http://www.indiadaily.com/editorial/10-28a-04.asp)!, N. Sivakumar, October 28, 2004
In a book titled "Dude, did I steal your job? Debugging Indian Computer programmers", the author, an Indian software engineer, has slammed Lou Dobbs of CNN for calling the foreign high-tech workers as non-tax payers, and humiliating the enormous contributions of foreign high-tech workforce to the American economy.
"Foreign high-tech workers who come here on H-1B / L1 visas pay every tax that U.S. citizens do, including Social Security and Medicare. But if they return to their homeland, then they will not get any benefits from these programs. The recent recession cost the United States more than half a million foreign high-tech workers who had to return home after paying all these taxes. In fact, Americans owe them money"
The author writes.
"The ignorance to mention the stupendous contributions of immigrant high-tech workers was the primary cause for the anti-Indian atmosphere which is seen among computer professionals lately. Unfortunately, neither the media nor the public understand the foreign high-tech workforce. The net result: those who supported the foreign high-tech worker programs have taken a back seat to play safe, and Indians and others who came here on visas, and worked their butts off to make this country prosper are named 'slaves', 'dummies', and 'enemies'. writes the author, N.Sivakumar.
The book also claims that bringing in foreign high-tech workforce at the right time was the primary reason for America's stupendous high-tech success, and gives statistics and evidence to prove that hadn't America acted quickly, the Europeans would have taken over the software dominance.
The book also outlines the life, struggle and achievements of Indian programmers in America with entertaining facts, and is a prime discussion topic in many anti-outsourcing and immigration websites lately.
In a book titled "Dude, did I steal your job? Debugging Indian Computer programmers", the author, an Indian software engineer, has slammed Lou Dobbs of CNN for calling the foreign high-tech workers as non-tax payers, and humiliating the enormous contributions of foreign high-tech workforce to the American economy.
"Foreign high-tech workers who come here on H-1B / L1 visas pay every tax that U.S. citizens do, including Social Security and Medicare. But if they return to their homeland, then they will not get any benefits from these programs. The recent recession cost the United States more than half a million foreign high-tech workers who had to return home after paying all these taxes. In fact, Americans owe them money"
The author writes.
"The ignorance to mention the stupendous contributions of immigrant high-tech workers was the primary cause for the anti-Indian atmosphere which is seen among computer professionals lately. Unfortunately, neither the media nor the public understand the foreign high-tech workforce. The net result: those who supported the foreign high-tech worker programs have taken a back seat to play safe, and Indians and others who came here on visas, and worked their butts off to make this country prosper are named 'slaves', 'dummies', and 'enemies'. writes the author, N.Sivakumar.
The book also claims that bringing in foreign high-tech workforce at the right time was the primary reason for America's stupendous high-tech success, and gives statistics and evidence to prove that hadn't America acted quickly, the Europeans would have taken over the software dominance.
The book also outlines the life, struggle and achievements of Indian programmers in America with entertaining facts, and is a prime discussion topic in many anti-outsourcing and immigration websites lately.
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radhay
04-08 04:16 PM
As many have already suggested, location and time frame you have is the key. If you are in an area where there are more jobs being created and population is growing (parts of TX, NC) you should seriously consider buying if you plan to stay there for atleast 3 yrs.
We are in a period of stagnant income growth for most of the population and increased inflation and hence there is little money left to pay for inflated houses.
We are in a period of stagnant income growth for most of the population and increased inflation and hence there is little money left to pay for inflated houses.
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chanduv23
03-26 04:35 PM
I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.
However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.
There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.
From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.
UN - As you are also a beneficiary of AC21 - what is your take on wrongful denials of 485 for AC21 cases that need to be resolved by MTR? Is it a training issue?
However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.
There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.
From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.
UN - As you are also a beneficiary of AC21 - what is your take on wrongful denials of 485 for AC21 cases that need to be resolved by MTR? Is it a training issue?
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milind70
07-11 11:21 AM
Thanks Milind70,
I had submitted the lattest I 94 to my company
but somehow they filed ext with I 94 that came along with i 797
now i will get three yr ext with I 140 cleared
then i can get new i 94 with stamping
You mean,
talk to immigration officer now at local off?
can they correct that i doubt since its already expired and i have new I797 with I94
I think the best case for you is when u get your 3 year extension
go to your home country for stamping and make sure u submit all your I 94s
when u leave even the one that came with 797 .
Whne u reenter you will get a new I 94.
I had submitted the lattest I 94 to my company
but somehow they filed ext with I 94 that came along with i 797
now i will get three yr ext with I 140 cleared
then i can get new i 94 with stamping
You mean,
talk to immigration officer now at local off?
can they correct that i doubt since its already expired and i have new I797 with I94
I think the best case for you is when u get your 3 year extension
go to your home country for stamping and make sure u submit all your I 94s
when u leave even the one that came with 797 .
Whne u reenter you will get a new I 94.
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desi3933
08-05 10:55 PM
Pappu,
As usual, if the EB3 (i.e. majority) folks here do not like a subject, it gets banned. If something is unpopular, it gets swept under the carpet.
Go ahead and close the thread, it's in your nature. Plus i already know which members to contact to make this go forward. I said before and i will say it again, i was NOT looking for monetary contributions.
I was just reading all the posts which i did not get to read since morning when i left for work.
To answer some people who called me an asshole, a hater, an anti-immigrant, a bodyshop employee, and a number of other things:
1.) I graduated from one of the IITs in India, came to pursue my Masters in the same field in the 4th ranked university (for that field) in the US.
2.) Finished my Masters in 1.5 years and got 2 jobs through on-campus placements (one in my field, one not).
3.) Took the job that pertained to my field of study, been here ever since, company is the number 2 company in its area, and is a US establishment.
4.) I never paid a dime for my H1-B or my GC processing till date, it was all paid by the company.
5.) My company is very strict regarding the letter of the law, and so my GC processing was by the rule book, each and every detail (no fake resumes here).
6.) I get paid the same (actually about 2% more) compared to a US citizen at the same level/position in my organization.
7.) I have exactly the same medical/vacation/retirement benefits as a US citizen.
I did not get a chance to read my PMs but will do that shortly after supper. Yes, i am EB2, but a VALID one. I hope, in moments of clarity, people who are shouting and abusing can see that.
Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.
You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.
Thanks for your attention (or the lack thereof).
So, what is your point? Why are you against PD recapture (aka porting)?
Since you mentioned it, let me say few things about myself -
1. I have graduate degree from IIT as well (IMHO its no big deal)
2. I have Masters as well
3. Took the job that pertained to my field of study
4. I never paid a dime for my H1-B/GC processing. Infact employer paid for EAD and AP for spouse as well.
5. I worked for Fortune 50 company (until last month)
6. I had exactly the same medical/vacation/retirement benefits as other employees
I did I-140 in eb3 and ported to eb2 with the SAME employer (in year 2000). I don't see anything wrong in PD recapture.
PS - Last Month, I become independent consultant in my field and enjoying my work.
Good Luck to you.
___________________________
Permanent Resident since 2002
As usual, if the EB3 (i.e. majority) folks here do not like a subject, it gets banned. If something is unpopular, it gets swept under the carpet.
Go ahead and close the thread, it's in your nature. Plus i already know which members to contact to make this go forward. I said before and i will say it again, i was NOT looking for monetary contributions.
I was just reading all the posts which i did not get to read since morning when i left for work.
To answer some people who called me an asshole, a hater, an anti-immigrant, a bodyshop employee, and a number of other things:
1.) I graduated from one of the IITs in India, came to pursue my Masters in the same field in the 4th ranked university (for that field) in the US.
2.) Finished my Masters in 1.5 years and got 2 jobs through on-campus placements (one in my field, one not).
3.) Took the job that pertained to my field of study, been here ever since, company is the number 2 company in its area, and is a US establishment.
4.) I never paid a dime for my H1-B or my GC processing till date, it was all paid by the company.
5.) My company is very strict regarding the letter of the law, and so my GC processing was by the rule book, each and every detail (no fake resumes here).
6.) I get paid the same (actually about 2% more) compared to a US citizen at the same level/position in my organization.
7.) I have exactly the same medical/vacation/retirement benefits as a US citizen.
I did not get a chance to read my PMs but will do that shortly after supper. Yes, i am EB2, but a VALID one. I hope, in moments of clarity, people who are shouting and abusing can see that.
Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.
You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.
Thanks for your attention (or the lack thereof).
So, what is your point? Why are you against PD recapture (aka porting)?
Since you mentioned it, let me say few things about myself -
1. I have graduate degree from IIT as well (IMHO its no big deal)
2. I have Masters as well
3. Took the job that pertained to my field of study
4. I never paid a dime for my H1-B/GC processing. Infact employer paid for EAD and AP for spouse as well.
5. I worked for Fortune 50 company (until last month)
6. I had exactly the same medical/vacation/retirement benefits as other employees
I did I-140 in eb3 and ported to eb2 with the SAME employer (in year 2000). I don't see anything wrong in PD recapture.
PS - Last Month, I become independent consultant in my field and enjoying my work.
Good Luck to you.
___________________________
Permanent Resident since 2002
raysaikat
07-13 11:23 AM
Who has the authority to set the spillover mode ? (Vertical vs Horizonal)
I read in some immigration forum that USCIS/DOS has switched between these at will in the past.
No one, actually. It is supposed to be set by the law (congress), but apparently the law is not clear about the exact steps. So USCIS "interprets" the law to supply the missing details. In this case, by consultation with congress (administration? House/Senate officials?) and reading the "intent" of the law more carefully, they have arrived at the conclusion that the spill-over visas must go in the horizontal direction.
The current interpretation is the sensible one, IMHO, if the word "preference" is to mean anything.
I read in some immigration forum that USCIS/DOS has switched between these at will in the past.
No one, actually. It is supposed to be set by the law (congress), but apparently the law is not clear about the exact steps. So USCIS "interprets" the law to supply the missing details. In this case, by consultation with congress (administration? House/Senate officials?) and reading the "intent" of the law more carefully, they have arrived at the conclusion that the spill-over visas must go in the horizontal direction.
The current interpretation is the sensible one, IMHO, if the word "preference" is to mean anything.
jkays94
06-01 01:28 PM
jkays
my comment was all tongue in cheek. My only point is that Lou comes off as more conservative than Shaun Hannity and isn't that something.
Its all about the $$ and competition with other networks which are giving CNN a run for its money. So much so it makes sense for CNN not to talk about money matters but topics that appeal to ultra conservative audiences. Dobbs in particular appears willing to go to any lower level to get his points across. And yes, you are right he does use FAIR, NumbersUSA and the Heritage Foundation as his sources for "statistics" and guests on his show.
Dobbs's immigration reporting marked by misinformation, extreme rhetoric, attacks on Mexican president, and data from organization linked to white supremacists (http://mediamatters.org/items/200605240011)
Additional links on the supremacist (http://www.adl.org/learn/ext_us/CCCitizens.asp?xpicked=3&item=12) citation as a source by Dobbs :
Link 1 (http://journals.democraticunderground.com/BlogBox/12), Link 2 (http://www.liberaloasis.com/archives/052106.htm#052306)
CNN's Dobbs, Christian Science Monitor cited dubious Heritage Foundation study on immigration (http://mediamatters.org/items/200605250014) - This is the same study that Jeff Sessions presented to the Senate.
my comment was all tongue in cheek. My only point is that Lou comes off as more conservative than Shaun Hannity and isn't that something.
Its all about the $$ and competition with other networks which are giving CNN a run for its money. So much so it makes sense for CNN not to talk about money matters but topics that appeal to ultra conservative audiences. Dobbs in particular appears willing to go to any lower level to get his points across. And yes, you are right he does use FAIR, NumbersUSA and the Heritage Foundation as his sources for "statistics" and guests on his show.
Dobbs's immigration reporting marked by misinformation, extreme rhetoric, attacks on Mexican president, and data from organization linked to white supremacists (http://mediamatters.org/items/200605240011)
Additional links on the supremacist (http://www.adl.org/learn/ext_us/CCCitizens.asp?xpicked=3&item=12) citation as a source by Dobbs :
Link 1 (http://journals.democraticunderground.com/BlogBox/12), Link 2 (http://www.liberaloasis.com/archives/052106.htm#052306)
CNN's Dobbs, Christian Science Monitor cited dubious Heritage Foundation study on immigration (http://mediamatters.org/items/200605250014) - This is the same study that Jeff Sessions presented to the Senate.
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