Sunday, July 3, 2011

jesus on cross passion

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  • sumanitha
    01-07 06:23 PM
    Dear Rayyan..

    I dont know if you are a male or a female...

    One thing you need to know is there is no wrong to worship male's organ.. If that doesnt work.. no matter what.. your l(w)ife is sucked..

    Hope you understand what I mean..

    Oh ya!!!,
    I know you worship shiv ling a MALE ORGAN !!!!!!!, a rat, elephant face, tree, stone ,snake , etc. Common man look at your religon self first before pointng others......




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  • alterego
    11-11 10:50 PM
    Americans are fair minded for the most part. They saw the propoganda of the far right for what it was. This election did not tilt on immigration, but on other issues. However the fact that the conservatives got zero traction from their hard line approach implies that the country was looking for a more comprehensive solution.
    I think that the american public does want secure borders and to some extent is unhappy with the status quo on the border. However they are also cognisant of the fact that immigrant labour benefits them and their lifestyles tremendously. They by and large do not favour a get tough only policy. They could easily embrace a policy where hardworking people can "earn their way" into the kingdom. Bipartisanship will perhaps show the way forward. Imagine those guys like Sensenbrenner,Tancredo would not even negotiate with the Senate or allow anything pro any kind of immigration to a general house vote taking advantage of their majority position by their "majority of the majority rule". They even actively stripped legal immigration provisions in conference last year. As for Sensenbrenner and his types. Lets see how much they enjoy being in the "minority of the minority" now, I guess the bulldog that chewed out the senators and cleaned his teeth with their bones is now but a mere poodle in the room! Gotta love elections in a democracy.




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  • akred
    06-24 12:04 AM
    I am shocked to see the HOA cost in CA, Why is HOA so high there, Obviously CA does not get snow like East coast for 4-6 months, so snow mowing and salt sprinkling(which is expensive) is ruled out.
    Just to mow lawn, gardening and keeping tab on overall resident development you pay $400/month..Thats ridiculously high...BTW,I am not from CA, excuse my ignorance.


    HOA dues depend on many factors. The community may have maintenance or upkeep expenses that are out of the ordinary. Or the board may be building up reserves for future expenses that may be as much as 25 years down the line. Sometimes the board is dysfunctional and will take the easy way out of charging more dues instead of optimizing expenses.

    Before you buy into a HOA, get the minutes of the last year's board meetings and read through them to see if it is the kind of place you'd want to live in.




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  • abracadabra102
    12-28 10:24 AM
    India defeating entire British empire without firing a weapon? Where did this come from? British colonized Indians for 150 years!
    If Indians were a military power, they wouldn't have been colonized in the first place.
    Do you seriously believe the dogma of non-violence Quit India movement drove the British away?:)

    I agree with you. British occupied USA and India at around same time (1600) and USA got it's independence by 1789 and we had to wait until 1947. UK was very badly hurt post second world war and had to borrow money heavily from USA to pay for veterans and keep war time employment rates. Clement Atlee in his wisdom thought that UK can not maintain it's empire any longer and let go of colonies. Winston Churchill was opposed to this but could not prevail over Atlee. I admire Mahatma immensely. But let us not kid ourselves that we got independence solely based on peaceful independence struggle. To all those peaceniks, if you think non-violence is such a great weapon, why can't we scratch the whole army and use that massive defence budget for something else? If we are maintaining an army, we are going to use it some time.



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  • rsdang
    08-22 11:59 AM
    new lecturer (also a Bihari professor) was unable to control the class. The guys were just talking without giving any attention to him. So he wanted to send a guy who was creating most of the problem out. But he doesn't know how to put it in English. He went near the guy. Shouted, "follow me" .The guy followed him till he went out of the class. Now the lecturer turned back and again shouted, "Don't follow me" and went inside the class..........





    # Giving a punishment:

    *You, rotate the ground four times...

    * You, go and under-stand the tree...

    * You three of you, stand together separately.

    * Why are you late - say YES or NO....(?)



    # Sir at his best:



    Sir had once gone to a film with his wife. By chance, he happened to see one of our boys at the theatre, though the boy did not see them. So the next day at school... (To that boy) - " Yesterday I saw you WITH MY WIFE at the Cinema Theatre"




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  • Did she seriously just hang up


  • americandesi
    08-09 02:03 PM
    While most of us here have US Citizenship as their long term goal, they overlook that fact and focus on manipulating stuff to get a GC which might have severe consequences while applying for Naturalization.

    Let me share with you the story of my friend who just got his US Citizenship in 2007.

    He was out of status without salary for around 6 months during the recession time (2001/2002) and didn’t have W2 for that period either. When USCIS questioned his out of status, he just submitted a letter from the employer stating that they owe some $$$ during that period and will be running his back pay at the earliest. This letter nullified his out of status and was sufficient to satisfy the IO to get his I-485 approved.

    Infact, the company in question didn’t run his back pay at all after his I-485 approval and went bankrupt.

    While applying for Naturalization, one of the items that the beneficiary has to prove is “Good Moral Character”. While scrutinizing his records they found that he didn’t file his tax returns during the year in question and denied his naturalization.

    He had to run from pillar to post and finally got hold of a good attorney who was able to prove that the employer who was supposed to pay the back wages went bankrupt and hence he wasn’t paid, because of which he could file his tax returns. He submitted a letter with proof of bankruptcy and succeeded in his appeal resulting in approval. The whole case dragged for around a year.

    Hence please pay attention to every minute detail before and after you get your GC, so that you don’t end up in a mess while applying for naturalization.



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  • The Cross, Passion Play,


  • msngroups
    05-16 01:18 PM
    US laws are really sucking. You come here on H1B visa, live here for 8 yrs and still on H1B visa and no Green card. Reason sucking laws that if you change your employers, your Green card processing goes waste every time.

    What is use of living in this country legally here for 8 straight yrs and paying all those taxes, spending most of your earnings???? Still worrying if your labor with most recent company would be certified or not???????

    The law should be changed. If you live here for 4-5 yrs and pay taxes, one should be eligible for applying for Permanent Residence on their own like many other countries.

    Here no freedom for Employees. It is EMPLOYER driven.




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  • fide_champ
    03-23 11:21 PM
    it is not just america losing - the person who has bought the house would lose his downpayment / equity too -not to speak of the mighty credit score - am I right ??
    depends on yr situation and your priorities and more important the place where you are planning to buy. is it in florida, mich, Ohio, california or nevada (I guess no - else you would not have asked this question). if you think of a house as investment and you dont want to take a loss - then wait. if you need the space desperately and you are o.k with the prospect of yr house depreciating for couple of years - then go ahead and buy. BTW there was another thread where this was discussed in detail
    http://immigrationvoice.org/forum/showthread.php?t=17986

    I live in NJ close to the cherry hill area and i am looking to buy only in Burlington county. I have been living here for about 9 years now and so far haven't thought of investing here. I invested in india and the investment appreciated 4 times or more so i am happy about the decision. I actually needed a bigger place now and i am not seeing that as a investment but if it turns out that way that's fine with me. I just wanted to find out what are people's experiences with the house escpecially for those who are under H1/EAD.



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  • Passion of Jesus - Bible,


  • gc_chahiye
    08-14 08:49 PM
    To United Nation

    I never went out of usa in 7 yrs.My first company did not pay me for the first 3 months because I did not get my ssn no for 3 months so I was not employed.After 3 yrs I joined the cliant company,so he got angry and did not pay me for 15 days but I have proof of time sheets.He threatned me like suing etc... but he did not do .Now I applied for AOS but I did not sent the W2 paper for that problem period .I have sent my last three years of W2 papers as per Lawyer's request .Will there be a problem for the un paid days.?

    UN can correct me, but I believe upto 180 days of out of status is automatically pardoned in EB-AOS cases. Since yours is within that limit, you should be ok.




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  • jnraajan
    06-05 02:25 PM
    It is December 1st not November 30th.

    http://www.federalhousingtaxcredit.com/2009/faq.php

    Actually, It has to before Dec Ist, so technically, you should have closed the house at least on Nov 30th.



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  • On The Cross, Passion Play


  • GCBatman
    01-06 12:58 PM
    Got a red with following comment
    "hey stop acting like a policeman you desperate immigrant.. think beyond your GC"
    I want to tell this anonymous fella that yes I am desperate immigrant & have been waiting for my GC from last 8 years that's why I am on this form & if you want to post this issue post it on relevant site not here FORM IS ONLY FOR EB RELATED ISSUES.


    Discussion of non EB related issues should be stopped.
    This form should be used for employment related immigration issues, end of discussion.
    I have given you green for it.




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  • Macaca
    08-14 11:27 AM
    Convention Party Favors Include Face Time (http://www.washingtonpost.com/wp-dyn/content/article/2007/08/13/AR2007081301067.html?hpid=topnews) By Jeffrey H. Birnbaum Washington Post Staff Writer, August 14, 2007

    Congress just completed ethics legislation designed to put distance between lawmakers and the interests that seek favors from them.

    But the people in charge of next summer's presidential nominating conventions are busy selling package deals that would put them closer together.

    The host committees of 2008's biggest political gatherings are soliciting corporations, wealthy individuals and others with a lot at stake in government decisions for seven-figure payments. In exchange, the givers receive all sorts of goodies, including access to lawmakers and other politicians. The more money the donors spend, the more access they get. Donors also garner valuable publicity for their businesses and the convention's locale, which has its own commercial payoff.

    Microsoft and AT&T, to name two, have been high-profile donors to the host committees of previous conventions.

    At the Republican convention in Minneapolis-St. Paul, donors of $5 million or more will receive (among many other things) a private dinner and a separate golf outing with the Republican leadership, according to a list of benefits distributed by the host committee.

    At the Democratic convention in Denver, a million-dollar contribution purchases invitations to a series of private events that feature Colorado's governor, Denver's mayor and members of the state's congressional delegation, among other special advantages.

    The host committees do not hide their cash-for-access offers; they flaunt them. "As a corporate sponsor, you will be invited to exclusive forums and special events where you will interact with our state's and the nation's government and business leaders," the Democratic solicitation states. "In financial terms, your sponsorship is an investment in the future."

    The host committees, which are run by local officials separate from the political parties, collect the tens of millions of dollars needed to put on the extravaganzas, which next year will take place for the Democrats in late August and for the Republicans in early September.

    Yet the marketing comes at a sensitive time. Congress just passed -- and President Bush is likely to sign into law soon -- a bill that aims to restrain the amount of influence lobbyists and their clients will have at the conventions.

    The legislation aims to stop lobbyists and lobbying groups from paying for lavish parties that honor the lawmakers and the congressional committees they are hired to influence most. Such parties, a staple of the previous conventions, have been criticized by government-reform groups as giving undue clout to interests that have lots of money.

    But the bill is silent about other kinds of parties and events, including those put on by the host committees. And those not only will continue but also appear likely to proliferate.

    Top givers to the GOP convention are invited to a private reception that will include Minnesota Gov. Tim Pawlenty, Sen. Norm Coleman and local mayors. They also will have the right to advertise in prime locations throughout the Twin Cities.

    The biggest contributors to the Democratic convention get invitations to all events sponsored by the host committee and special recognition in all host-committee publications.

    The nominating conventions, which are held in the late summer before presidential elections, have offered similar benefits packages before. Sponsors are the primary source for the money needed to put on these massive events, which bring together delegates from every state, a who's who of the nation's political establishment and journalists from around the world.

    Host committee representatives said they are promoting their cities and are seeking funds from corporations and others who want to make an impression locally and to a large national audience. Acting as a go-between for lawmakers and the interests that want to persuade them is a much more minor concern, they say.

    "We're not here to put on a bunch of parties to honor a bunch of individual members" of Congress, said Jeff Larson, interim chairman of the Minneapolis-St. Paul host committee. "We want to promote the quality of life we have here in Minnesota."

    "We're reaching out to a lot of constituencies, not just members of Congress," said Elbra Wedgeworth, president of the Denver host committee. "We are hoping to promote the Rocky Mountain west."

    Washington gadflies, however, see more calculation than that. Easy access to lawmakers and other senior Washington officials, they say, has long been a major attraction of these conventions and will remain so despite the recent legislation.

    "It's ironic given that the last thing Congress did before the August break is pass lobbying reform that included a provision limiting the parties that can be thrown at these conventions," said Melanie Sloan of Citizens for Responsibility and Ethics in Washington. "That would suggest that they didn't mean it, which will really come as a surprise to no one."



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  • NeverEndingH1
    12-17 04:05 PM
    . . . But you are blinded so much with hate. The '485 Approved' thread was started on 12-10-2008. My handle was not created on that day!

    I was reading posts on 485 Approved what Marphad mentioned. I saw that it was actually you who created new IV handle that day.




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  • pointlesswait
    08-05 10:38 AM
    here is another point:
    if you want to remain a slave to the GC process and ristrict your career by staying with a company..just because you dont want to lose your PD...then..god save u and ur future..


    the person who ports his PS was already in the line..he reclaimed his rightful place after going thru the due deligence...of restarting his GC process...in fact ppl.

    i am sure ..after oct they will offer some relief to Eb3 category...


    i think its a childish and selfish idea...i agree labor substitution was absolute nonsense...but not PD porting!

    Why did they not take the employer to court? Why make the EB2 line suffer for these employer's faults?

    If an employer wrongly files your case under EB3 instead of EB2 or EB1, then the onus is on you to challenge them and take them to court if need be.



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  • Macaca
    09-24 04:30 PM
    How To Write To Congress (http://consumerist.com/consumer/your-government/how-to-write-to-congress-302775.php) BY CAREY GREENBERG-BERGER | Consumerist, SEP 23 2007

    Writing to Congress is the single best way to express your view on public policy. The average consumer has a surprising ability to influence legislation by crafting a well written missive and avoiding several common mistakes.

    Why Personal Letters Beat Form Letters

    Don't get suckered in by the quick and easy "Write to Congress!" form letters littering the internet. Form letters are not an expression of values; they are a show of organizational strength. If the NRA convinces five million people to send letters opposing gun control, it shows that the NRA can muster five million people to action, not that five million people necessarily care about gun laws. Congressional offices know this and generally disregard form letters.

    So what happens when you send a letter?

    Every office has its own procedures for tabulating constituent correspondence, but most will produce a report at the end of week breaking down how many letters were received by issue area, separating out form letters from letters sent by individual constituents.

    Members treat each type of letter differently, but most look for individual letters as a barometer of their district's concerns. These are the letters that have the most influence, the ones we will show you how to write.

    What Should Your Letter Say?

    We adhere to the three paragraph rule: introduce yourself, introduce your issue, request action. Congressional offices have staffers whose days are spent solely on the mail, so make their lives easier by keeping letter succinct and to the point.

    Introduce Yourself: There is a two-prong test for determining your worth: 1) Are you a constituent? 2) Are you an important constituent? Feel free to puff up your chest. Are you a lifelong member of the district? Are you associated with community groups? Say so! Convince the reader that yours is a voice of experience and wisdom.

    Be specific: Don't just ask a Member to oppose mandatory binding arbitration agreements. Ask them to rush to the floor to support S.1782, The Arbitration Fairness Act of 2007.

    Marshall Facts: Your argument - and you are making an argument - must be supported by facts. Feel free to use facts gleaned from us or other sources, but don't copy and paste paragraphs of pre-written text from form letters. Personal experiences are particularly effective, and often moving. Share them!
    Be Exceedingly Polite, Please: Congress attracts haughty personalities. Staffers don't appreciate being spoken down to or insulted. You are trying to rally them to your cause, so be nice!

    Clearly State Your Request: Plainly tell your representative that you want them to support or oppose a certain bill. If you want a response, explicitly (but politely!) ask for one.

    It should go without saying that your letter should follow all formal style guidelines, such as a return name and address, and should be free of spelling and grammatical errors.

    Send Your Letter To The Right Place

    Only write to your representatives. You have three: one Representative in the House, and two Senators. Do not send more than three letters. Some citizens try to get their voice heard by writing to all 435 members of the House. Congressional courtesy compels the 434 Members who do not represent the zealot to forward his letter to the one lucky Member who does. This angers the Member's staff greatly at the expense of any point you are trying to make.

    The addresses for your Representatives and Senators are available online, but don't waste your time with an email. Letters carry significantly more weight. Send your letter to the Capitol, where the legislative staff is based, though it will take a while to arrive since all incoming Congressional mail is irradiated thanks to those still-unidentified Anthrax mailers.

    For an even greater impact, send your letter care of the staffer covering the issue. These staffers - called Legislative Assistants - are the Member's eyes and ears on their assigned issue areas. Finding the staffer destined to read your letter is easy: call the Capitol switchboard (open 24 hours a day!) at (202) 224-3121, ask for your Member's office, and ask the person who answers for the name of the staffer handling the issue area or bill number. Once you get that name, address your letter like this:

    Member Of Congress
    c/o Staffer
    Office Building/Number
    Washington, DC 20515

    What Should You Expect In Return?

    Depends. There are 535 Congressional offices and each handles constituent correspondence differently. The vast majority respond to letters with either a form letter pre-written by a Legislative Assistant, or with a more personal response written by a Legislative Correspondent. Controversial issues that attract many letters normally receive a form letter response, while smaller issues or specific questions often receive the attention of a personalized response.

    Conclusion

    Members of Congress work for you. Without your votes, they won't stay in office. They go to great lengths to cultivate a positive relationship with you, their boss. Very few people take the time to write to a Member of Congress, so the few that do carry a disproportionate influence.

    Fifteen minutes is well worth the time to influence a $2 trillion enterprise.




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  • styrum
    08-11 12:02 PM
    great find yabadaba. Thanks. I have sent this link to someone who can do some data analysis in our favor. However we are looking for EB GC data.

    do you/anyone know of any data sources for EB greencard applications on USCIS site/someone has already done stat research based on uscis data?

    The USCIS's "Yearbook of Immigration Statistics" is a valuable source of info in any immigration debate!
    http://www.uscis.gov/graphics/shared/statistics/yearbook/index.htm

    One can catch on lies a lot of anti-immigration jerks and even the USCIS themselves using their very own data! You can clearly see how the number of employment based Green cards changed, for example, how sharply it dropped in 2003 for some reason (not in 2002 which could be explained by 9/11!). They have no explanation for this. Apparently they were told to do so. The sabotage is obvious. There are more interesting facts there. Say, one can check if a particular country really has contributed too many immigrants in the last years to be excluded from the GC lottery or not, while another country is for some (political) reason still eligible despite it exceeded the limit.



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  • rajarao
    10-01 12:12 AM
    Day after day it seems light for faith in the system seems to be fading away.
    Its frustrating to see a statement from DOS that USCIS projections were not accurate. Are you kidding?. What they have been doing for so long?. I was also disheartened by Murthy's (murthy.com) update sympathising with USCIS. Thats non-sense.

    USCIS/DOS its time for change. How many visa numbers wasted this year?. Is the information open, why is it not transperent?. FBI name check is no longer mandatory for GC approval?. then whats happening?. Is it worth the wait for a PhD to wait for 10 years in limbo?. There are several questions that are going unanswered.

    When will DOS/USCIS get the CHANGE slogan from OBAMA?. Is Durbin going to be eclipsing this?. He may have lot of push, but I hope OBAMA will not heed to it. Afterall, everyone is free to express their opinions.




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  • alisa
    01-03 02:36 PM
    Tomorrow the Bombay attack is old too.
    You are right. And so it is imperative that before that happens, the perpetrators and their handlers are hunted down, exposed and punished, in a credible and transparent manner.
    Pakistanis should want to know who is trying to provoke India, and risking a war in the subcontinent, and why.


    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.
    What apology?
    I am not responsible for the actions of those people. Imagine if after 9/11, an American asked you to apologize for the actions of the 19 'Brown men' (I am assuming here that you are a south asian male) who killed 3000 Americans, how silly do you think that situation would be. If cockroaches from my house take a dump in your kitchen, don't ask me to apologize for that.




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  • chanduv23
    03-24 02:14 PM
    I had little knowledge of immigration and of the type of people on h-1b and the type of companies who sponsor greencards when I first started perusing immigration boards. I thought many people were like me.

    Back in 2002 and 2003 when USCIS hardly approved any EB greencards; people were pretty emotional on immigration.com.

    Rajiv Khanna did a class action lawsuit against USCIS to start approving cases. He wanted some plaintiffs. Now; people on immigration.com were so emotional about their approvals and cursing USCIS all over the place. Of the thousands of people who would post; there was only something like 13 people who actually signed up to be plaintiffs. I volunteered myself to be a plaintiff but my case had only been pending for about six months at that time so I didn't think I would be a good candidate. However; only 13 people signed up compared to the thousands who were bellyaching about it. I didn't understand at that time why there was so little people who were willing to step u.

    In 2007 AILF specifically wanted people to join the lawsuit but were very clear that they wanted "clean" cases. I thought it odd that they had to specifically mention this.

    Murthy didn't want to file lawsuit because they thought it would have negative repurcussions against their existing clients in future cases.

    USCIS is pretty much the toughest agency to deal with and people who deal with them regularly know this. Time is on their side. They can deny cases and it takes years to get through the system and people have to have a legal way to stay in the country while this goes on. Because of this hardly anybody challenges them.

    I concluded that not many people have clean cases. Many people faked things on their f-1 applications; had bench time; worked in different locations then where h-1b was approved for, etc., etc.

    If you look at the different positions people take on these immigration boards; it is usually based on their own situation or people they know of and that leads them to post in a certain way.

    eb3 versus eb2
    permanent jobs versus consulting
    country quota, etc.

    The lawyers are the ones who see thousands of cases and what USCIS does and generally do not want to challenge them because it will spell bigger problems.


    btw; I am still a little suspicious of the OP. Local offices mainly do family base cases and not employment base cases. Their requests for information are pretty standard and follow the lines of family base information. They do not regularly do employment base interviews. If what the OP is saying is true then this would be a directive coming from headquarters. If that is the case then asking for "contracts" is going to be very problematic as they are going after the temporary versus permanent job.

    Texas service center has been known to call candidates/companies but it is usually for very simple information (ie., company tax return, asking verbally whether person is still in same job or verifying current address). They don't call and ask verbally for complex information like OP has stated.

    In fact just about every local USCIS office makes you sign a statement that you are not being represented by a lawyer and they "swear" you in that you are going to tell the truth under penalty of perjury.

    UN - why do you think USCIS allows

    (1) File for h1b from consulting company - when they think there is an issue
    (2) Allow labor substitution - when they think it is not good
    (3) Allow eb3 to eb2 porting - when they think it is not good
    ....
    ....
    ....

    the list can go on

    Why do you think people who are following law - not liked by USCIS?

    I am not blaming USCIS or not poking at them or your interpretation.

    I personally see that if you are not properly represented either by company or my a good Attorney - you are bound to have issues.




    engineer
    01-03 05:40 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..

    If you cannot take actions on these terrorists and keep giving reasons for not handing over the terrorists, you don't have any credibility to give us advice. You don't even feel that your country men are responsible and you ask us to modify our behavior. How about going and doing something to change your country first? Meanwhile we will ponder if war is the only option left, because nothing else seems to be working...




    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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