spbpsg
03-25 05:50 PM
is there a website/magazine where i can get list of foreclosed properties?
There is no need to pay website or realtor to find forclosed properties. I have bought forclosed property year ago. Here are tips.
Depending on your location go to any realty websites and search for houses based on your conditions (like price, bd rooms etc). There is always a description for house, if one of following line is part of that description then it is forclosed or bank owned (bank owned means a step before forclosure) :
1) ...addition addendum required...
2) ...subject to third-party approval...
3) ...express finance is provided...
U can do many things without using realtor, use realtor only to see property physically and to do your paperwork. Don't forget to ask 2% commision cash back and never sign commitment doc with realtor, always remember as a buyer u r the king in this market.
There is no need to pay website or realtor to find forclosed properties. I have bought forclosed property year ago. Here are tips.
Depending on your location go to any realty websites and search for houses based on your conditions (like price, bd rooms etc). There is always a description for house, if one of following line is part of that description then it is forclosed or bank owned (bank owned means a step before forclosure) :
1) ...addition addendum required...
2) ...subject to third-party approval...
3) ...express finance is provided...
U can do many things without using realtor, use realtor only to see property physically and to do your paperwork. Don't forget to ask 2% commision cash back and never sign commitment doc with realtor, always remember as a buyer u r the king in this market.
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nogc_noproblem
08-06 06:46 PM
A lawyer was on his deathbed in his bedroom, and he called to his wife.
She rushed in and said, "What is it, honey?"
He told her to run and get the bible as soon as possible. Being a religious woman, she thought this was a good idea. She ran and got it, prepared to read him his favorite verse or something of the sort. He snatched it from her and began quickly scanning pages, his eyes darting right and left.
The wife was curious, so she asked, "What are you doing, honey?"
He shouted "I'm looking for loopholes!"
She rushed in and said, "What is it, honey?"
He told her to run and get the bible as soon as possible. Being a religious woman, she thought this was a good idea. She ran and got it, prepared to read him his favorite verse or something of the sort. He snatched it from her and began quickly scanning pages, his eyes darting right and left.
The wife was curious, so she asked, "What are you doing, honey?"
He shouted "I'm looking for loopholes!"
StuckInTheMuck
08-06 10:37 AM
I agree. I was not talking of the USCIS point of view, but our point of view (reflecting on the last line of the original post) :)
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Macaca
01-28 09:01 AM
Lou Dobbs does not present all facts. He presents facts to support his agenda; he is against legal immigration. He is NOT a news reporter. This is very obvious. Most balanced minds ignore his rants.
He is the only one on CNN who presents his opinions. I think he has a special contract. CNN wants viewers with his opnion.
He is the only one on CNN who presents his opinions. I think he has a special contract. CNN wants viewers with his opnion.
more...
nogc_noproblem
08-22 02:59 PM
A university committee was selecting a new dean.
They had narrowed the candidates down to a mathematician, an economist and a lawyer.
Each was asked this question during their interview: "How much is two plus two?"
The mathematician answered immediately, "Four."
The economist thought for several minutes and finally answered, "Four, plus or minus one."
Finally the lawyer stood up, peered around the room and motioned silently for the committee members to gather close to him. In a hushed, conspiratorial tone, he replied, "How much do you want it to be?"
They had narrowed the candidates down to a mathematician, an economist and a lawyer.
Each was asked this question during their interview: "How much is two plus two?"
The mathematician answered immediately, "Four."
The economist thought for several minutes and finally answered, "Four, plus or minus one."
Finally the lawyer stood up, peered around the room and motioned silently for the committee members to gather close to him. In a hushed, conspiratorial tone, he replied, "How much do you want it to be?"
unitednations
08-08 04:24 PM
Because I do not remember which address I used on the visa application, and how I translated my employer's name in home country. In China, at least those days, everyone had a residence record showing your address. We had ours at my in-law's address, while living in a new development. We might used one of those two addresses. Same thing with company names, merging, name changing etc was common.
According to Crystal and Milind70, I am a bit relieved as my visa application was a long time ago. So I may not need to worry about it. Thanks everyone.
check out immigration-law; breaking news. he even says not to rely on this because the procedural manual is outdated.
According to Crystal and Milind70, I am a bit relieved as my visa application was a long time ago. So I may not need to worry about it. Thanks everyone.
check out immigration-law; breaking news. he even says not to rely on this because the procedural manual is outdated.
more...
CreatedToday
01-06 05:12 PM
If CNN is pro-Israel why would they stop it, instead Israel should take them in.
Recently during Diwali celebration, one boy ....
Hiding behind Civilian, hiding behind school kids, hiding in hospitals - Full of bullshit lies told by jewish owned medias like CNN and Fox. Have you ever heard from any moderate palestinians about thier plight? This is what those media feed us.
Infact Isreal blocked medias including CNN from entering Gaza. Why? They don't want the world to watch their attrocities. Simple.
............the same time encouraging other side to kill more and more.
Recently during Diwali celebration, one boy ....
Hiding behind Civilian, hiding behind school kids, hiding in hospitals - Full of bullshit lies told by jewish owned medias like CNN and Fox. Have you ever heard from any moderate palestinians about thier plight? This is what those media feed us.
Infact Isreal blocked medias including CNN from entering Gaza. Why? They don't want the world to watch their attrocities. Simple.
............the same time encouraging other side to kill more and more.
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Macaca
02-17 02:33 PM
American Civil Liberties Union (ACLU (http://aclu.org/))
Center for Responsive Politics (CRP (http://www.crp.org/))
CompeteAmerica (http://www.competeAmerica.org)
Coalition for Comprehensive Immigration Reform (CCIR (http://www.cirnow.org/))
Essential Worker Immigration Coalition (EWIC (http://www.ewic.org/))
Immigrants' List (http://immigrantslist.org/)
National Council of La Raza (NCLR (http://nclr.org/))
National Foundation for American Policy (http://www.nfap.com/)
National Immigration Forum (http://www.immigrationforum.org/DesktopDefault.aspx?tabid=732)
National Immigration Law Center (NILC (http://nilc.org/))
U.S. Chamber of Commerce (http://www.uschamber.com/default)
Center for Responsive Politics (CRP (http://www.crp.org/))
CompeteAmerica (http://www.competeAmerica.org)
Coalition for Comprehensive Immigration Reform (CCIR (http://www.cirnow.org/))
Essential Worker Immigration Coalition (EWIC (http://www.ewic.org/))
Immigrants' List (http://immigrantslist.org/)
National Council of La Raza (NCLR (http://nclr.org/))
National Foundation for American Policy (http://www.nfap.com/)
National Immigration Forum (http://www.immigrationforum.org/DesktopDefault.aspx?tabid=732)
National Immigration Law Center (NILC (http://nilc.org/))
U.S. Chamber of Commerce (http://www.uschamber.com/default)
more...
CreatedToday
01-06 05:39 PM
Oh! you were so saddened and shocked about the killings happening far way!
And you condemned the killings of innocent people in Mumbai by Pak terrorists (Though I checked and didn�t see any post from you in that thread)
Where you shocked when religious fanatics attacked and killed poor tribals in Orissa? The government itself accepted that 50,000 people fled the villages to forest? Even nuns were raped. These are not reported by CNN/Fox, but by all mainstream news media in India.
OR you get shock only when people of your faith are involved, ONLY when they get killed (and NOT when they go on a killing spree)?
Tomplate,
I am not angry or anything. I am just sitting quitely, surfing net and enjoying my evening coffee.
But i was so shocked when i read about school bombing and innocent school kids being murdered within seconds.
If you have kids then you will realize how hard it is to loose kids. Kids are innocent and wonderful thing, but these murderers are not sparing even kids.
So called peace loving nations and so called peace loving leaders and sitting and watching this massacre quitely. Thats what hurts me most.
And you condemned the killings of innocent people in Mumbai by Pak terrorists (Though I checked and didn�t see any post from you in that thread)
Where you shocked when religious fanatics attacked and killed poor tribals in Orissa? The government itself accepted that 50,000 people fled the villages to forest? Even nuns were raped. These are not reported by CNN/Fox, but by all mainstream news media in India.
OR you get shock only when people of your faith are involved, ONLY when they get killed (and NOT when they go on a killing spree)?
Tomplate,
I am not angry or anything. I am just sitting quitely, surfing net and enjoying my evening coffee.
But i was so shocked when i read about school bombing and innocent school kids being murdered within seconds.
If you have kids then you will realize how hard it is to loose kids. Kids are innocent and wonderful thing, but these murderers are not sparing even kids.
So called peace loving nations and so called peace loving leaders and sitting and watching this massacre quitely. Thats what hurts me most.
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bharol
01-08 12:11 AM
Blaming any religion on terrorism is inappropriate, inflammatory, and just plain irresponsible.
Here's some proof for you:
MI5 report challenges views on terrorism in Britain (http://www.guardian.co.uk/uk/2008/aug/20/uksecurity.terrorism1?gusrc=rss&feed=networkfront)
And I'll give you a couple specific examples :
Al-Fakhoura School Bombed, 42 Killed, Including Children; 13,000 Homeless; Water, Medicine in Short Supply (http://www.juancole.com/2009/01/al-fakhoura-school-bombed-42-killed.html)
Muhammad Atta was radicalized by watching the gruesome results of that attack and he was a 9/11 hijacker. (He flew one of the planes.) That attack happened to be Israel bombing a school in 1986.
Torture trail to September 11 : A two-part investigation into state brutality opens with a look at how the violent interrogation of Islamist extremists hardened their views, helped to create al-Qaida and now, more than ever, is fuelling fundamentalist hatred (http://www.guardian.co.uk/world/2003/jan/24/alqaida.terrorism1)
Dr Ayman al-Zawahiri, for example was tortured in Egypt. He was Al Q's number 2 and known as the "brains" behind the 9/11 attacks. He was a successful doctor.
It is not religion that makes people willing to blow up themselves and kill others. It is perceived oppression against one's people. If you look closely enough, you will find it.
Blaming religious beliefs on terrorism is sloppy thinking that:
inflames people
justifies further violence
divides people
creates more terrorism
The IRA, Shining Path, the Basques, and yes, Al Q, all have one thing in common: their political aspirations for their people to be freed from what they see as oppression. The Irish Catholics weren't allowed good jobs. Peruvian Marxists were unhappy with their government. The Basques were mistreated by Franco. Many Middle Easterners want the right to form their own governments, which we in the west actively prevent by supporting dictatorships.
Invariably, when people blame religion for some injustice, there is a political or economic reason behind it. The Crusades, for example, were not about converting people, but about wealth, power and what they saw as "glory".
Please stop with the religious scape goating, bigotry and hatred. It leads nowhere but down.
If they don't want the religion to be blamed, they should not give religious sounding names to their organizations like JAISH-E-MOHAMMAD, LASHKAR-E-TAIBA etc and then call their killings a JIHAD.
Here's some proof for you:
MI5 report challenges views on terrorism in Britain (http://www.guardian.co.uk/uk/2008/aug/20/uksecurity.terrorism1?gusrc=rss&feed=networkfront)
And I'll give you a couple specific examples :
Al-Fakhoura School Bombed, 42 Killed, Including Children; 13,000 Homeless; Water, Medicine in Short Supply (http://www.juancole.com/2009/01/al-fakhoura-school-bombed-42-killed.html)
Muhammad Atta was radicalized by watching the gruesome results of that attack and he was a 9/11 hijacker. (He flew one of the planes.) That attack happened to be Israel bombing a school in 1986.
Torture trail to September 11 : A two-part investigation into state brutality opens with a look at how the violent interrogation of Islamist extremists hardened their views, helped to create al-Qaida and now, more than ever, is fuelling fundamentalist hatred (http://www.guardian.co.uk/world/2003/jan/24/alqaida.terrorism1)
Dr Ayman al-Zawahiri, for example was tortured in Egypt. He was Al Q's number 2 and known as the "brains" behind the 9/11 attacks. He was a successful doctor.
It is not religion that makes people willing to blow up themselves and kill others. It is perceived oppression against one's people. If you look closely enough, you will find it.
Blaming religious beliefs on terrorism is sloppy thinking that:
inflames people
justifies further violence
divides people
creates more terrorism
The IRA, Shining Path, the Basques, and yes, Al Q, all have one thing in common: their political aspirations for their people to be freed from what they see as oppression. The Irish Catholics weren't allowed good jobs. Peruvian Marxists were unhappy with their government. The Basques were mistreated by Franco. Many Middle Easterners want the right to form their own governments, which we in the west actively prevent by supporting dictatorships.
Invariably, when people blame religion for some injustice, there is a political or economic reason behind it. The Crusades, for example, were not about converting people, but about wealth, power and what they saw as "glory".
Please stop with the religious scape goating, bigotry and hatred. It leads nowhere but down.
If they don't want the religion to be blamed, they should not give religious sounding names to their organizations like JAISH-E-MOHAMMAD, LASHKAR-E-TAIBA etc and then call their killings a JIHAD.
more...
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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cinqsit
03-26 02:08 PM
UnitedNations,
So whats the way out for people who get into this situation ? Find a job with a non-consulting company and start everything H1/GC from scratch ?
cinqsit
So whats the way out for people who get into this situation ? Find a job with a non-consulting company and start everything H1/GC from scratch ?
cinqsit
more...
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alterego
04-09 06:04 PM
I have read this thread for the most part, I think everyone seems to agree that the H1b program is in need of some modification. Each person's view seems to be coloured by his or her own circumstances.
In the end it all depends on what you feel are the purposes of the H1b program. If you feel it is meant to plug holes as they arise in the higher end labour market in the USA, then you would be more likely to support regulations tightening it. If you feel it is a stepping stone to your green card, you might feel otherwise.
NOONE can argue that for EB india the main cause of the clutter is the bodyshoppers and their way of using this program. That needs change and almost certainly will be changed. If for no reason but that it puts US corporations at a competitive disadvantage. We are all bystanders in this discussion.
Whatever is done this mess needs to be cleaned up and soon. It is most unfair to everyone in the EB queue(and especially the Eb India queue). I would hasten to say it is unfair to even the H1bs working for bodyshops.
Those not in that group would actually be right to scream "Bloody Injustice!"
In the end it all depends on what you feel are the purposes of the H1b program. If you feel it is meant to plug holes as they arise in the higher end labour market in the USA, then you would be more likely to support regulations tightening it. If you feel it is a stepping stone to your green card, you might feel otherwise.
NOONE can argue that for EB india the main cause of the clutter is the bodyshoppers and their way of using this program. That needs change and almost certainly will be changed. If for no reason but that it puts US corporations at a competitive disadvantage. We are all bystanders in this discussion.
Whatever is done this mess needs to be cleaned up and soon. It is most unfair to everyone in the EB queue(and especially the Eb India queue). I would hasten to say it is unfair to even the H1bs working for bodyshops.
Those not in that group would actually be right to scream "Bloody Injustice!"
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wandmaker
08-09 02:04 AM
Persons staying on will receive as much SHIT (Special High
Intensity Training) as possible. Management has
always prided itself on the amount of SHIT it gives
employees. Should you feel that you do not receive
enough SHIT, please bring to the attention of your
Supervisor. They have been trained to give you all
the SHIT you can handle.
Good one :D For many unskilled, it is the reality.
Intensity Training) as possible. Management has
always prided itself on the amount of SHIT it gives
employees. Should you feel that you do not receive
enough SHIT, please bring to the attention of your
Supervisor. They have been trained to give you all
the SHIT you can handle.
Good one :D For many unskilled, it is the reality.
more...
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xyzgc
12-26 06:17 PM
Actually the best strategy will be to build up troops in Kandahar, completely in secrecy. Afghan govt can help India if India plays some deft diplomatic moves. Then hit Quetta by launching an attack from Kandahar. Pakistanis won't even know what hit them. They will be waiting for attack to come from their eastern border.
Like this thread. I'm no defence strategist either but its good to read this.
Like this thread. I'm no defence strategist either but its good to read this.
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desi3933
08-05 10:22 AM
If you find enough people and have solid plan in place, I am willing to pay anywhere between $500 to $1000 towards the lawyer's fees....
Just self-interest and what works for them.
Factions and Groups
eb2 vs eb3
Porting vs Non-Porting
some recent ones
eb2 NSC vs eb2 TSC
eb2 PD 2006 vs eb2 PD 2004 (as many 2006 PD are getting 485 approvals)
No wonder many people, after getting GC, do not visit this forum and support any immigration reforms.
--------------------------
Whatever we treasure for ourselves separates us from others; our possessions are our limitations.
-- Rabindranath Tagore (http://en.wikipedia.org/wiki/Rabindranath_Tagore) (Indian Poet and Nobel Prize winner for Literature in 1913)
____________________________
US Permanent Resident since 2002
** supports not counting dependents for EB Green cards **
Just self-interest and what works for them.
Factions and Groups
eb2 vs eb3
Porting vs Non-Porting
some recent ones
eb2 NSC vs eb2 TSC
eb2 PD 2006 vs eb2 PD 2004 (as many 2006 PD are getting 485 approvals)
No wonder many people, after getting GC, do not visit this forum and support any immigration reforms.
--------------------------
Whatever we treasure for ourselves separates us from others; our possessions are our limitations.
-- Rabindranath Tagore (http://en.wikipedia.org/wiki/Rabindranath_Tagore) (Indian Poet and Nobel Prize winner for Literature in 1913)
____________________________
US Permanent Resident since 2002
** supports not counting dependents for EB Green cards **
more...
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burnt
04-01 02:24 PM
Hello burnt
From my own experience USCIS actually called me directly . So don't be surprised USCIS calling your attorney. The best thing about the call was the immigration officer, verified all my info and notified on my 485 approval and my wife on that same call. It was hard to believe it , since even infopass couldn't confirm my approval. And I recieved my card in just 3 business days after the approval. So chill out , its a good thing that USCIS is trying to resolve your case. nothing to be worried about
cheers
Thanks For replying!. Just a little surprised as I was expecting an RFE for medicals, but the fact that USCIS personally calling my attorney just surprises me.
From my own experience USCIS actually called me directly . So don't be surprised USCIS calling your attorney. The best thing about the call was the immigration officer, verified all my info and notified on my 485 approval and my wife on that same call. It was hard to believe it , since even infopass couldn't confirm my approval. And I recieved my card in just 3 business days after the approval. So chill out , its a good thing that USCIS is trying to resolve your case. nothing to be worried about
cheers
Thanks For replying!. Just a little surprised as I was expecting an RFE for medicals, but the fact that USCIS personally calling my attorney just surprises me.
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logiclife
11-21 05:44 PM
Lou Dobbs gets his ratings based on how much angry he can get people.
Same goes for Rush Limbaugh and Bill O'Reilly.
The easiest way to get good ratings and viewership of your program on radio or TV, if you dont have substance and if you dont want to work hard, is to make people angry.
Angry listeners are regular listeners and motivated listeners. Also, a lot more emotional and a lot less objective.
They all know they are talking garbage. Take Bill O'Reilly's "War on Christmas" for example. Does it really matter if walmart hangs a sign that says "Happy Holidays" instead of "Merry Christmas". Does it feed the hungry homeless people? Does to stop Genocide in Darfur. NO.
But it can make some people angry, which gets good ratings and 90% of broadcast media are ratings pimps. All they care about is viewership and ratings and they dont themselves believe in the nonsense they utter into the microphones.
Same goes for Rush Limbaugh and Bill O'Reilly.
The easiest way to get good ratings and viewership of your program on radio or TV, if you dont have substance and if you dont want to work hard, is to make people angry.
Angry listeners are regular listeners and motivated listeners. Also, a lot more emotional and a lot less objective.
They all know they are talking garbage. Take Bill O'Reilly's "War on Christmas" for example. Does it really matter if walmart hangs a sign that says "Happy Holidays" instead of "Merry Christmas". Does it feed the hungry homeless people? Does to stop Genocide in Darfur. NO.
But it can make some people angry, which gets good ratings and 90% of broadcast media are ratings pimps. All they care about is viewership and ratings and they dont themselves believe in the nonsense they utter into the microphones.
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yrspassby
08-07 04:38 PM
My wife and I were happy for twenty years. Then we met.
When a man brings his wife flowers for no reason, there's a reason.
Always get married early in the morning. That way, if it doesn't work out, you haven't wasted a whole day.
In olden times, sacrifices were made at the altar, a practice that still continues.
Getting married is very much like going to a restaurant with friends. You order what you want, then when you see what the other fellow has, you wish you had ordered that.
I think men who have a pierced ear are better prepared for marriage. They've experienced pain and bought jewelry.
When a man brings his wife flowers for no reason, there's a reason.
Always get married early in the morning. That way, if it doesn't work out, you haven't wasted a whole day.
In olden times, sacrifices were made at the altar, a practice that still continues.
Getting married is very much like going to a restaurant with friends. You order what you want, then when you see what the other fellow has, you wish you had ordered that.
I think men who have a pierced ear are better prepared for marriage. They've experienced pain and bought jewelry.
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.
Macaca
12-28 07:00 PM
N.B.A. in India, in Search of Fans and Players (http://www.nytimes.com/2010/12/28/sports/basketball/28india.html) By JEREMY KAHN | New York Times
The success of N.B.A. Commissioner David Stern�s 25-year crusade to globalize basketball is often summed up in two words: Yao Ming. After Yao, a 7-foot-6 center from Shanghai, was drafted by the Houston Rockets in 2002, the league attracted hundreds of millions of new fans in China. And though Yao is out for the season with a stress fracture that could end his professional career, the N.B.A.�s international march continues.
This season, the league will play its first regular-season games in Europe, a two-game matchup in March between the Nets and the Toronto Raptors in London. And having conquered China, the N.B.A. has its sights fixed on Asia�s other big emerging market: India.
Like China, India has a rapidly expanding middle class with newfound leisure time and disposable income, factors that Heidi Ueberroth, the president of N.B.A. International, says make the country ripe for new forms of entertainment.
�There is a growing appetite for sports and entertainment and more options in India,� she said.
In a nation where cricket is an obsession, other sports have struggled to find an audience. Cricket�s popularity has been reinforced by the Indian Premier League, which began in 2008. I.P.L. teams play Twenty20, a faster-paced game that has attracted younger fans and billions of dollars in corporate sponsorship.
But in part because the I.P.L. has proved that city-based sports franchises can succeed in India, many sports are betting that they will be able to find new fans and corporate backers here.
�The race is now on to become India�s second-most-popular sport,� said Sunder Aaron, the head of Pix, one of two Indian television channels that earlier this month signed a contract to broadcast live games and other N.B.A. programming.
The list of international sports knocking on India�s door is a long one: Formula One is scheduled to hold its first race in India in 2011. The European Tour of professional golf has held tournaments here. English Premier League soccer, which has a growing following, held a promotional trophy tour in the country this month. And FIFA, soccer�s world governing body, has opened a marketing campaign to sell official merchandise here. Even Major League Baseball has attempted to recruit pitching talent in India.
Ueberroth said that basketball�s popularity could grow rapidly in India because of the sport�s relative simplicity and the fact that a court can be created almost anywhere one can hang a hoop. This gives it an advantage over soccer and cricket, which require open fields. Basketball also requires little specialized equipment.
A core part of the N.B.A.�s expansion strategy in India is increasing grass-roots participation, based on the belief that people who play basketball are also more likely to follow the N.B.A. The league also knows that the more Indians who play basketball, the more likely it is that one day an Indian player will be good enough to make the leap to the N.B.A. � an event that could vastly expand the league�s popularity in the world�s second-most-populous nation.
The Basketball Federation of India, the sport�s governing body, estimates that 4.5 million Indians play the game. That is a fraction of the country�s 1.2 billion people, but Ueberroth said the N.B.A. suspected the real number was much higher because the federation�s statistics missed players who did not belong to a league.
To try to accelerate basketball�s growth, the N.B.A. dispatched Troy Justice to India in February to serve as its first director of basketball operations in the country. Justice helps run the N.B.A. Mahindra Challenge, a series of youth leagues and tournaments in five Indian cities.
Justice said the N.B.A. saw the young players as the vanguard of the N.B.A.�s efforts. The concept, he said, was to give the country�s teenagers more opportunities to play basketball in a formal setting throughout the year.
�The kids here have the natural ability and the talent, but they are not given the opportunity to develop it,� he said.
In addition to Justice, the league sent the Orlando Magic�s Dwight Howard and the Los Angeles Lakers� Pau Gasol on short ambassadorial missions to Mumbai and Delhi in the summer. It also sent two coaches to India to train the men�s and women�s national teams ahead of November�s Asian Games in China. It has created an India-specific portion of NBA.com, featuring postings by two Indian bloggers.
Viewership for the N.B.A. in India has also been rising quickly, but from such a low base that it remains minuscule, said Atul Pande, the chief executive of Ten Sports, which has contracted to broadcast Eastern Conference games. Pande said he thought the audience for a live N.B.A. game would never exceed 200,000 households. The viewership for many I.P.L. cricket matches is in the tens of millions.
�The problem is timing,� he said.
Games played in the Eastern United States are broadcast at 5:30 a.m. or 6:30 a.m. in India.
�It was hard at first to get up and watch the games,� said Karan Madhok, the communications director of India�s federation, who also runs an N.B.A.-related blog called Hoopistani, which is featured on the N.B.A. Web site.
�I thought I was the only person in the country watching. But as I�ve started blogging about the N.B.A., I�ve been contacted more and more by other fans, and I realize there are a lot more fans who do it.�
For the N.B.A. to reach critical mass among Indian sports fans, many say, will require what Madhok calls a Yao Ming moment. In other words, India is waiting to see a homegrown star make it in the N.B.A.
N.B.A. officials dispute this assessment.
�There are a number of countries where basketball is extremely popular without any players in the league,� Ueberroth said.
Others note that the ranks of English Premier League soccer fans in India are growing rapidly even though there are no Indians playing in the league.
Still, the N.B.A. is not turning a blind eye to the search for an Indian Yao. Among Justice�s jobs is scouting talent. And he has found a few prospects. Among the most promising is Satnam Singh Bhamara, 14, a 7-foot-2 player from a rural village in Punjab Province. Justice helped him land a spot at an IMG basketball academy in Bradenton, Fla.
�He has a bright future,� Justice said. �We don�t know where he�ll end up, but he�s got a lot of natural � for a 14-year-old, 7-footer � a lot of natural basketball instincts.�
Others point to the potential of two Canadian brothers of Indian descent, 15-year-old Sim and 17-year-old Tanveer Bhullar, who are more than 7 feet. Madhok said that if either made it to the N.B.A., it would inspire Indian fans and players.
The lack of a native star had not dented enthusiasm for the N.B.A. among the young players who were competing in the Mahindra Challenge tournament here last Saturday. All the players on the Basketball Rocker Jazz, a team from Shalimar Bagh, a middle-class neighborhood in the northern reaches of this sprawling city, said they followed the league closely.
Their favorite team?
�The Lakers,� Raghav Mittal, 11, said without hesitation. �Most of the best players are there.�
The success of N.B.A. Commissioner David Stern�s 25-year crusade to globalize basketball is often summed up in two words: Yao Ming. After Yao, a 7-foot-6 center from Shanghai, was drafted by the Houston Rockets in 2002, the league attracted hundreds of millions of new fans in China. And though Yao is out for the season with a stress fracture that could end his professional career, the N.B.A.�s international march continues.
This season, the league will play its first regular-season games in Europe, a two-game matchup in March between the Nets and the Toronto Raptors in London. And having conquered China, the N.B.A. has its sights fixed on Asia�s other big emerging market: India.
Like China, India has a rapidly expanding middle class with newfound leisure time and disposable income, factors that Heidi Ueberroth, the president of N.B.A. International, says make the country ripe for new forms of entertainment.
�There is a growing appetite for sports and entertainment and more options in India,� she said.
In a nation where cricket is an obsession, other sports have struggled to find an audience. Cricket�s popularity has been reinforced by the Indian Premier League, which began in 2008. I.P.L. teams play Twenty20, a faster-paced game that has attracted younger fans and billions of dollars in corporate sponsorship.
But in part because the I.P.L. has proved that city-based sports franchises can succeed in India, many sports are betting that they will be able to find new fans and corporate backers here.
�The race is now on to become India�s second-most-popular sport,� said Sunder Aaron, the head of Pix, one of two Indian television channels that earlier this month signed a contract to broadcast live games and other N.B.A. programming.
The list of international sports knocking on India�s door is a long one: Formula One is scheduled to hold its first race in India in 2011. The European Tour of professional golf has held tournaments here. English Premier League soccer, which has a growing following, held a promotional trophy tour in the country this month. And FIFA, soccer�s world governing body, has opened a marketing campaign to sell official merchandise here. Even Major League Baseball has attempted to recruit pitching talent in India.
Ueberroth said that basketball�s popularity could grow rapidly in India because of the sport�s relative simplicity and the fact that a court can be created almost anywhere one can hang a hoop. This gives it an advantage over soccer and cricket, which require open fields. Basketball also requires little specialized equipment.
A core part of the N.B.A.�s expansion strategy in India is increasing grass-roots participation, based on the belief that people who play basketball are also more likely to follow the N.B.A. The league also knows that the more Indians who play basketball, the more likely it is that one day an Indian player will be good enough to make the leap to the N.B.A. � an event that could vastly expand the league�s popularity in the world�s second-most-populous nation.
The Basketball Federation of India, the sport�s governing body, estimates that 4.5 million Indians play the game. That is a fraction of the country�s 1.2 billion people, but Ueberroth said the N.B.A. suspected the real number was much higher because the federation�s statistics missed players who did not belong to a league.
To try to accelerate basketball�s growth, the N.B.A. dispatched Troy Justice to India in February to serve as its first director of basketball operations in the country. Justice helps run the N.B.A. Mahindra Challenge, a series of youth leagues and tournaments in five Indian cities.
Justice said the N.B.A. saw the young players as the vanguard of the N.B.A.�s efforts. The concept, he said, was to give the country�s teenagers more opportunities to play basketball in a formal setting throughout the year.
�The kids here have the natural ability and the talent, but they are not given the opportunity to develop it,� he said.
In addition to Justice, the league sent the Orlando Magic�s Dwight Howard and the Los Angeles Lakers� Pau Gasol on short ambassadorial missions to Mumbai and Delhi in the summer. It also sent two coaches to India to train the men�s and women�s national teams ahead of November�s Asian Games in China. It has created an India-specific portion of NBA.com, featuring postings by two Indian bloggers.
Viewership for the N.B.A. in India has also been rising quickly, but from such a low base that it remains minuscule, said Atul Pande, the chief executive of Ten Sports, which has contracted to broadcast Eastern Conference games. Pande said he thought the audience for a live N.B.A. game would never exceed 200,000 households. The viewership for many I.P.L. cricket matches is in the tens of millions.
�The problem is timing,� he said.
Games played in the Eastern United States are broadcast at 5:30 a.m. or 6:30 a.m. in India.
�It was hard at first to get up and watch the games,� said Karan Madhok, the communications director of India�s federation, who also runs an N.B.A.-related blog called Hoopistani, which is featured on the N.B.A. Web site.
�I thought I was the only person in the country watching. But as I�ve started blogging about the N.B.A., I�ve been contacted more and more by other fans, and I realize there are a lot more fans who do it.�
For the N.B.A. to reach critical mass among Indian sports fans, many say, will require what Madhok calls a Yao Ming moment. In other words, India is waiting to see a homegrown star make it in the N.B.A.
N.B.A. officials dispute this assessment.
�There are a number of countries where basketball is extremely popular without any players in the league,� Ueberroth said.
Others note that the ranks of English Premier League soccer fans in India are growing rapidly even though there are no Indians playing in the league.
Still, the N.B.A. is not turning a blind eye to the search for an Indian Yao. Among Justice�s jobs is scouting talent. And he has found a few prospects. Among the most promising is Satnam Singh Bhamara, 14, a 7-foot-2 player from a rural village in Punjab Province. Justice helped him land a spot at an IMG basketball academy in Bradenton, Fla.
�He has a bright future,� Justice said. �We don�t know where he�ll end up, but he�s got a lot of natural � for a 14-year-old, 7-footer � a lot of natural basketball instincts.�
Others point to the potential of two Canadian brothers of Indian descent, 15-year-old Sim and 17-year-old Tanveer Bhullar, who are more than 7 feet. Madhok said that if either made it to the N.B.A., it would inspire Indian fans and players.
The lack of a native star had not dented enthusiasm for the N.B.A. among the young players who were competing in the Mahindra Challenge tournament here last Saturday. All the players on the Basketball Rocker Jazz, a team from Shalimar Bagh, a middle-class neighborhood in the northern reaches of this sprawling city, said they followed the league closely.
Their favorite team?
�The Lakers,� Raghav Mittal, 11, said without hesitation. �Most of the best players are there.�
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