Macaca
04-23 08:32 AM
Lobbyists Profit From Power Shift In Congress As Democrats Get Jobs, Republicans Stay On (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/22/AR2007042201021.html), By Jeffrey H. Birnbaum, Washington Post Staff Writer, Monday, April 23, 2007
The Democratic takeover of Congress has not only been good business for Democratic lobbyists, but it has also turned into a bipartisan boon: In the four months since the midterm elections, the number of new lobbyist registrations has nearly doubled to 2,232 from 1,222 in the comparable period a year earlier.
"We're having a huge surge in business right now," said David M. Carmen, president of the Carmen Group, a mid-size lobbying shop that has added both Democratic and Republican lobbyists since the elections. "We are up almost 30 percent compared to last year."
"There's more activity than I've seen in a long time," said Rhod Shaw, president of the Alpine Group, a bipartisan lobbying firm that has grown about 10 percent this year.
The main reason for the surge is the need of interest groups and corporations to get access to -- and understand the thinking of -- a new set of Democratic chairmen in Congress and the constituencies that they listen to, such as labor unions, environmentalists and trial lawyers. Hundreds of Democratic lobbyists have been hired for that purpose.
But those doing the hiring have kept most of their GOP help because Republicans, especially in the closely divided Senate, still have key roles in passing or, more often, blocking legislation that corporations care about. For example, Republican lobbyists are working overtime in the Senate to stop bills to reduce Medicare drug prices and cut oil-and-gas drilling subsidies.
Republican lobbyists remain in demand also because the Bush administration continues to churn out regulations that affect businesses.
"Business is going up for the Democrats in our shop," said J. J. Steven Hart, chief executive of Williams & Jensen, a bipartisan lobbying law firm. "But business is going up for Senate Republican lobbyists and Republicans who work with the administration, too." Hart said his business was up 7 to 10 percent over last year.
The increase has its irony: Democrats won their majority in part by attacking Republicans for getting too cozy with influence peddlers.
Lobbying firms raking in the extra dollars have attracted new clients from almost every industry.
Washington's largest lobbying law firm, Patton Boggs, has nearly tripled -- to 75 from 27 a year ago -- the number of clients who have recently hired the firm or have expanded the work they want it to do. "There's an increase in business across the board," said Edward J. Newberry, Patton Boggs's deputy managing partner.
Smaller firms also are getting more business. Revenue at Venn Strategies, a tax lobbying specialist, has increased about 35 percent in the first quarter, compared with the first quarter last year. "It's a very big increase," said Stephanie E. Silverman, a principal at the firm.
For lobbying shops that employ only Democrats, there has been a gusher of new business. Steven A. Elmendorf, a former Democratic leadership aide in the House, opened his firm in December with one other lobbyist and 10 clients. Today he has 17 clients. Two lobbyists work with him and he is looking to add more. His new clients include Microsoft, Union Pacific and Home Depot.
Another all-Democratic lobbying shop, Glover Park Group, has grown even faster. "It's fair to say that our lobbying revenue has about doubled since the first of the year," partner Joel P. Johnson said. "And the number of accounts has roughly doubled as well."
All-Republican lobbying firms have not enjoyed the same expansion. A few of the smaller ones have lost business, but the largest have not fallen behind.
Fierce Isakowitz & Blalock, which had $4 million in lobbying income last year, is on the same pace this year. "Our business is stable and probably up a little bit from a year ago," said Mark Isakowitz, the firm's president. Most of the companies that had contracts with his firm have stayed and hired Democratic lobbyists separately.
The capital's largest all-Republican lobbying firm, Barbour Griffith & Rogers, is having a similar experience. O2Diesel, which makes ethanol-diesel fuel, recently hired the firm. "We're trying to get awareness at all levels of government of our product," said Alan Rae, the company's chief executive. "Some issues are not partisan."
And there is even a new all-Republican lobbying firm -- the partnership of two former Republican aides, one from the House and one from the Senate. Ice Miller Strategies opened last month with two clients, including a drug company, and plans to hire a Democrat soon. "There are plenty of issues that share bipartisan support," said Graham Hill, former staff director of the House Transportation and Infrastructure Committee. "You need to have both parties engaged to get them passed."
Corporations and trade associations searching for new leaders have hired mostly Democrats. Former representative David McCurdy (D-Okla.), president of the Electronic Industries Alliance, became president of the Alliance of Automobile Manufacturers in February. The failed attempt by Republicans to prevent McCurdy from getting his job with the electronics group a dozen years ago was the start of their K Street Project.
Not all the plum association slots are going to Democrats. Steven C. Anderson, a Republican who led the National Restaurant Association, was named president of the National Association of Chain Drug Stores in February.
"Given the political realities right now, a majority of the trade groups and corporations are looking for individuals who have good relationships on the Democratic side, but it's not a complete reversal," said Nels B. Olson of Korn-Ferry International, an executive search firm.
"People want somebody who can work both sides of the political aisle, and they don't want a political lightning rod," said Leslie Hortum, a headhunter at Spencer Stuart.
In a town that is sometimes run by Republicans, sometimes by Democrats and usually by both, "our clients are looking for people who are well respected by both parties and could care less whether they wear an 'R' or a 'D' on their lapel," said Eric Vautour of the search firm Russell Reynolds Associates.
In the meantime, lobbying firms are busy. "Usually at the beginning of a new Congress there's a drop-off in business as the last year's projects end, and later you bring new businesses in," said Shawn H. Smeallie, managing director of the American Continental Group, a mostly Republican lobbying firm. "But this year, for a change, we've increased."
The Democratic takeover of Congress has not only been good business for Democratic lobbyists, but it has also turned into a bipartisan boon: In the four months since the midterm elections, the number of new lobbyist registrations has nearly doubled to 2,232 from 1,222 in the comparable period a year earlier.
"We're having a huge surge in business right now," said David M. Carmen, president of the Carmen Group, a mid-size lobbying shop that has added both Democratic and Republican lobbyists since the elections. "We are up almost 30 percent compared to last year."
"There's more activity than I've seen in a long time," said Rhod Shaw, president of the Alpine Group, a bipartisan lobbying firm that has grown about 10 percent this year.
The main reason for the surge is the need of interest groups and corporations to get access to -- and understand the thinking of -- a new set of Democratic chairmen in Congress and the constituencies that they listen to, such as labor unions, environmentalists and trial lawyers. Hundreds of Democratic lobbyists have been hired for that purpose.
But those doing the hiring have kept most of their GOP help because Republicans, especially in the closely divided Senate, still have key roles in passing or, more often, blocking legislation that corporations care about. For example, Republican lobbyists are working overtime in the Senate to stop bills to reduce Medicare drug prices and cut oil-and-gas drilling subsidies.
Republican lobbyists remain in demand also because the Bush administration continues to churn out regulations that affect businesses.
"Business is going up for the Democrats in our shop," said J. J. Steven Hart, chief executive of Williams & Jensen, a bipartisan lobbying law firm. "But business is going up for Senate Republican lobbyists and Republicans who work with the administration, too." Hart said his business was up 7 to 10 percent over last year.
The increase has its irony: Democrats won their majority in part by attacking Republicans for getting too cozy with influence peddlers.
Lobbying firms raking in the extra dollars have attracted new clients from almost every industry.
Washington's largest lobbying law firm, Patton Boggs, has nearly tripled -- to 75 from 27 a year ago -- the number of clients who have recently hired the firm or have expanded the work they want it to do. "There's an increase in business across the board," said Edward J. Newberry, Patton Boggs's deputy managing partner.
Smaller firms also are getting more business. Revenue at Venn Strategies, a tax lobbying specialist, has increased about 35 percent in the first quarter, compared with the first quarter last year. "It's a very big increase," said Stephanie E. Silverman, a principal at the firm.
For lobbying shops that employ only Democrats, there has been a gusher of new business. Steven A. Elmendorf, a former Democratic leadership aide in the House, opened his firm in December with one other lobbyist and 10 clients. Today he has 17 clients. Two lobbyists work with him and he is looking to add more. His new clients include Microsoft, Union Pacific and Home Depot.
Another all-Democratic lobbying shop, Glover Park Group, has grown even faster. "It's fair to say that our lobbying revenue has about doubled since the first of the year," partner Joel P. Johnson said. "And the number of accounts has roughly doubled as well."
All-Republican lobbying firms have not enjoyed the same expansion. A few of the smaller ones have lost business, but the largest have not fallen behind.
Fierce Isakowitz & Blalock, which had $4 million in lobbying income last year, is on the same pace this year. "Our business is stable and probably up a little bit from a year ago," said Mark Isakowitz, the firm's president. Most of the companies that had contracts with his firm have stayed and hired Democratic lobbyists separately.
The capital's largest all-Republican lobbying firm, Barbour Griffith & Rogers, is having a similar experience. O2Diesel, which makes ethanol-diesel fuel, recently hired the firm. "We're trying to get awareness at all levels of government of our product," said Alan Rae, the company's chief executive. "Some issues are not partisan."
And there is even a new all-Republican lobbying firm -- the partnership of two former Republican aides, one from the House and one from the Senate. Ice Miller Strategies opened last month with two clients, including a drug company, and plans to hire a Democrat soon. "There are plenty of issues that share bipartisan support," said Graham Hill, former staff director of the House Transportation and Infrastructure Committee. "You need to have both parties engaged to get them passed."
Corporations and trade associations searching for new leaders have hired mostly Democrats. Former representative David McCurdy (D-Okla.), president of the Electronic Industries Alliance, became president of the Alliance of Automobile Manufacturers in February. The failed attempt by Republicans to prevent McCurdy from getting his job with the electronics group a dozen years ago was the start of their K Street Project.
Not all the plum association slots are going to Democrats. Steven C. Anderson, a Republican who led the National Restaurant Association, was named president of the National Association of Chain Drug Stores in February.
"Given the political realities right now, a majority of the trade groups and corporations are looking for individuals who have good relationships on the Democratic side, but it's not a complete reversal," said Nels B. Olson of Korn-Ferry International, an executive search firm.
"People want somebody who can work both sides of the political aisle, and they don't want a political lightning rod," said Leslie Hortum, a headhunter at Spencer Stuart.
In a town that is sometimes run by Republicans, sometimes by Democrats and usually by both, "our clients are looking for people who are well respected by both parties and could care less whether they wear an 'R' or a 'D' on their lapel," said Eric Vautour of the search firm Russell Reynolds Associates.
In the meantime, lobbying firms are busy. "Usually at the beginning of a new Congress there's a drop-off in business as the last year's projects end, and later you bring new businesses in," said Shawn H. Smeallie, managing director of the American Continental Group, a mostly Republican lobbying firm. "But this year, for a change, we've increased."
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nojoke
06-26 04:35 PM
I don't know what else to tell you except what I've already stated. Frankly I am surprised that this debate has gone beyond 1 page. I am tired of beating a dead horse.
If you are renting for 1500/month thats 18,000 a year, or 540,000 in 30 years that you lose with no chance of claiming as a deduction or ever using for anything. Rather than losing that money, why not use it to own the property you are living in?
As a homeowner, you can use that 540,000 to own the home. The interest and property taxes you pay are tax deductible, and the principal means that at the end of the 30 years, the home is yours (20 if your loan is 20 years). Even when you are paying the mortgage, you are saving. You are getting bigger tax returns and you are owning the home that you live in. No amount of rent will guarantee either.
Through a combination of tax deductions, home equity, and property value, I am willing to bet you that I can save the same amount you do by renting, but still be ahead by owning the property I live in in 30 years. Just take a look at any home owner's history and tell me someone who hasn't doubled the value of their home (home only, not including their savings) in the past 30 years or more.
Everyone here that is dead-set on renting, by all means continue to throw your money away. And it REALLY is throwing your money away. How you wish to justify doing so is fine by me as long as you can sleep at night and explain to your family, friends and kids why you chose to rent for 30 or so years.
All your calculations are meaningless if the house price keeps going down 20% like the past few years. We will reach a point where the house price crash stops and starts to stabilize. That point is couple of years away. Until then, we can ignore the rent vs mortgage calculations.
If you are renting for 1500/month thats 18,000 a year, or 540,000 in 30 years that you lose with no chance of claiming as a deduction or ever using for anything. Rather than losing that money, why not use it to own the property you are living in?
As a homeowner, you can use that 540,000 to own the home. The interest and property taxes you pay are tax deductible, and the principal means that at the end of the 30 years, the home is yours (20 if your loan is 20 years). Even when you are paying the mortgage, you are saving. You are getting bigger tax returns and you are owning the home that you live in. No amount of rent will guarantee either.
Through a combination of tax deductions, home equity, and property value, I am willing to bet you that I can save the same amount you do by renting, but still be ahead by owning the property I live in in 30 years. Just take a look at any home owner's history and tell me someone who hasn't doubled the value of their home (home only, not including their savings) in the past 30 years or more.
Everyone here that is dead-set on renting, by all means continue to throw your money away. And it REALLY is throwing your money away. How you wish to justify doing so is fine by me as long as you can sleep at night and explain to your family, friends and kids why you chose to rent for 30 or so years.
All your calculations are meaningless if the house price keeps going down 20% like the past few years. We will reach a point where the house price crash stops and starts to stabilize. That point is couple of years away. Until then, we can ignore the rent vs mortgage calculations.
CreatedToday
01-06 04:36 PM
Hamas' leader's son fleeing from them!
http://www.haaretz.com/hasen/spages/1007097.html
Hamas position??? Huh.. Did Hamas members came and told you that Isreal shouldn't exist? Did we hear all these from those people? When did we last hear from Palestinians on thier position and what they think about Isreal? Its media and nothing but jewish media propagate this. What do they acheieve by doing these kind of propaganda??? They win people like you who would support killing on innocent civilians and school kids. PERIOD
http://www.haaretz.com/hasen/spages/1007097.html
Hamas position??? Huh.. Did Hamas members came and told you that Isreal shouldn't exist? Did we hear all these from those people? When did we last hear from Palestinians on thier position and what they think about Isreal? Its media and nothing but jewish media propagate this. What do they acheieve by doing these kind of propaganda??? They win people like you who would support killing on innocent civilians and school kids. PERIOD
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SunnySurya
12-22 11:28 AM
A supporter of terrorism left a red dot with this message:
"if u r so concerned about india and attacks on india,,,what are u doing in US? U should be in politics in india if u think so bad about the indian politicians,,,go get ur hand dirty in it first then blaim the politicians"
My very simple reply to that person.
---
I am in every right to express the concerns for my country of origin. Of course not blindly. It takes for ever to hang Afzal Guru and almost no concrete repsonse to the bombings in Delhi, Gujrat, Karnataka, Hyedrabad etc etc, which directly affect my freinds and family over there. If it is not politics then what it is.
Finally, if Jews can express their concerns for Israel (which I also support full heartedly and unconditionally) so can we, with the same passion.
"if u r so concerned about india and attacks on india,,,what are u doing in US? U should be in politics in india if u think so bad about the indian politicians,,,go get ur hand dirty in it first then blaim the politicians"
My very simple reply to that person.
---
I am in every right to express the concerns for my country of origin. Of course not blindly. It takes for ever to hang Afzal Guru and almost no concrete repsonse to the bombings in Delhi, Gujrat, Karnataka, Hyedrabad etc etc, which directly affect my freinds and family over there. If it is not politics then what it is.
Finally, if Jews can express their concerns for Israel (which I also support full heartedly and unconditionally) so can we, with the same passion.
more...
NKR
08-05 08:28 AM
What i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).
"Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.
If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.
I hope i have made my point clear? Thanks.
I am EB2 and I do not support this idea. Just imagine, someone could have applied in EB3 though he was qualified for EB2 because he was ill advised by his lawyers or employers. Why should he be punished TWICE for no fault of his?.
"Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.
If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.
I hope i have made my point clear? Thanks.
I am EB2 and I do not support this idea. Just imagine, someone could have applied in EB3 though he was qualified for EB2 because he was ill advised by his lawyers or employers. Why should he be punished TWICE for no fault of his?.
hiralal
06-26 09:56 PM
ok if its not throwing money away, how do you get the money back you spent on renting? Nothing you said above answers that question.
Pandey ji / Valid IV
o.k..I will explain it slowly ..I can understand that those who are homeowners will justify their home purchase. some maybe in denial and have their head in sand.
honestly, few months back, even I would have purchased a house . if I had, I would still admit -- that home is not necessarily good investment but a place to stay. even after I buy, I would still say that renting in an apartment has its advantages. here are 2 links in english.
Why rent? To get richer - MSN Money (http://articles.moneycentral.msn.com/Banking/HomebuyingGuide/WhyRentToGetRicher.aspx)
Why Your Mortgage Won't Make You Rich - WSJ.com (http://online.wsj.com/article/SB124352291846962809.html)
--------------
now you need to read this carefully else you won't understand what the authors are trying to say ..since it is bit unclear but it has good points (not trying to make fun here :)) ..do read since they are superb articles
but here is even simpler explanation and hopefully that will explain what I am trying to say ..if you still don't understand ..u will need to find someone else to explain.
first renting gives you flexibility ...so say, u get better job offer or lose job - you don't lose lot of money compared to house if you have to move.
for 250K house, you pay around 300 property tax, 60 HOA fees, 150 - 200 in maintenance (recurring like lawn plus once in long term like roof, painting etc) , 100 - 150 extra in utilities. you pay downpayment of 50 k ..if you were to invest that money in better investments (mutual funds, stocks, high CDs. bonds) ..you would make 250 - 300 per month. plus add fees when you have to sell the house, insurance, termite protection etc etc ..
plus in many cases, you end up buying a house further away than if you were to rent (since many want brand new house ) ..this means extra 250 - 300 in gas + vehicle degradation per month.
(ALSO SAY U WERE IN MICHIGAN OR IN CALIFORtNIA -- you could get away from the state after making money easily if you were renting. .home means you could end up stuck there).
I agree in apartment you get less space and hence I mentioned - u need to ask - do you really need extra space at this time in life - if yes, then home is better. (but renting a home is even better esp if prices are still falling in your area in this case).
btw - as of now rents are going down -- you just need to negotiate.
now you don't get the money back in rents..but neither do you get money paid in the expenses listed above.
(in other words - you don't get money back that you pay in rent yr apt BUT you get a place to stay ..this is not India where you can sleep on foot path - so you need a place. apartment property owner will make a small profit - but that is the system)
before you jump - house is good when it appreciates by atleast 1 -2 percent above inflation and I am not saying that you should never buy a house.
there are many other points and I will post it in IV WIKI ...and I hope this helps newcomers ...this is my last personal post ...and do watch the movie :) ..once again I did mention in plain english that it is worst case scenario (the movie "pacific heights")..but best case scenario is not good either if you are a landlord with property in US while you are in India (or vice versa).
hope that answers your question ..please note: the above is for normal cases ..but if you get a good deal or short sale or foreclosed home for 50K --- then yes, buying makes sense !!
Pandey ji / Valid IV
o.k..I will explain it slowly ..I can understand that those who are homeowners will justify their home purchase. some maybe in denial and have their head in sand.
honestly, few months back, even I would have purchased a house . if I had, I would still admit -- that home is not necessarily good investment but a place to stay. even after I buy, I would still say that renting in an apartment has its advantages. here are 2 links in english.
Why rent? To get richer - MSN Money (http://articles.moneycentral.msn.com/Banking/HomebuyingGuide/WhyRentToGetRicher.aspx)
Why Your Mortgage Won't Make You Rich - WSJ.com (http://online.wsj.com/article/SB124352291846962809.html)
--------------
now you need to read this carefully else you won't understand what the authors are trying to say ..since it is bit unclear but it has good points (not trying to make fun here :)) ..do read since they are superb articles
but here is even simpler explanation and hopefully that will explain what I am trying to say ..if you still don't understand ..u will need to find someone else to explain.
first renting gives you flexibility ...so say, u get better job offer or lose job - you don't lose lot of money compared to house if you have to move.
for 250K house, you pay around 300 property tax, 60 HOA fees, 150 - 200 in maintenance (recurring like lawn plus once in long term like roof, painting etc) , 100 - 150 extra in utilities. you pay downpayment of 50 k ..if you were to invest that money in better investments (mutual funds, stocks, high CDs. bonds) ..you would make 250 - 300 per month. plus add fees when you have to sell the house, insurance, termite protection etc etc ..
plus in many cases, you end up buying a house further away than if you were to rent (since many want brand new house ) ..this means extra 250 - 300 in gas + vehicle degradation per month.
(ALSO SAY U WERE IN MICHIGAN OR IN CALIFORtNIA -- you could get away from the state after making money easily if you were renting. .home means you could end up stuck there).
I agree in apartment you get less space and hence I mentioned - u need to ask - do you really need extra space at this time in life - if yes, then home is better. (but renting a home is even better esp if prices are still falling in your area in this case).
btw - as of now rents are going down -- you just need to negotiate.
now you don't get the money back in rents..but neither do you get money paid in the expenses listed above.
(in other words - you don't get money back that you pay in rent yr apt BUT you get a place to stay ..this is not India where you can sleep on foot path - so you need a place. apartment property owner will make a small profit - but that is the system)
before you jump - house is good when it appreciates by atleast 1 -2 percent above inflation and I am not saying that you should never buy a house.
there are many other points and I will post it in IV WIKI ...and I hope this helps newcomers ...this is my last personal post ...and do watch the movie :) ..once again I did mention in plain english that it is worst case scenario (the movie "pacific heights")..but best case scenario is not good either if you are a landlord with property in US while you are in India (or vice versa).
hope that answers your question ..please note: the above is for normal cases ..but if you get a good deal or short sale or foreclosed home for 50K --- then yes, buying makes sense !!
more...
sc3
07-14 10:35 AM
There is a lot of FUD being spread around this thread. Let me try to dispel one.
1: Reverting rollover will only benefit EB3-ROW.
WRONG!!. As stated in other threads the spillovers are used on whoever has been waiting the longest. That is the guiding principle that is allowing EB2-I getting the GCs ahead of China. If not it was high time the Chinese priority date becomes current. If we revert back the spill-over utilization, whoever has been waiting the longest, gets the GC first. So stop your FUD.
People dont get sidetracked by the nay-sayers. If you would like to write to anyone, do write. If not anything else, we will at least get to hear back from the people whom we wrote to.
People who are saying "IV does not support it, do dont do it". Excuse me, IV does not run our lives. If we want to help ourselves, we ought to be able to do it. Yes, we should not use IV's name without its authorization, that is wrong.
People who say, I am EB3, but I think EB2s are right (in the sense that they are more entitled, they need to get the visas ahead of us etc. etc), good for you, but dont pull down those who don't agree with you. We have a brain to think for ourselves.
1: Reverting rollover will only benefit EB3-ROW.
WRONG!!. As stated in other threads the spillovers are used on whoever has been waiting the longest. That is the guiding principle that is allowing EB2-I getting the GCs ahead of China. If not it was high time the Chinese priority date becomes current. If we revert back the spill-over utilization, whoever has been waiting the longest, gets the GC first. So stop your FUD.
People dont get sidetracked by the nay-sayers. If you would like to write to anyone, do write. If not anything else, we will at least get to hear back from the people whom we wrote to.
People who are saying "IV does not support it, do dont do it". Excuse me, IV does not run our lives. If we want to help ourselves, we ought to be able to do it. Yes, we should not use IV's name without its authorization, that is wrong.
People who say, I am EB3, but I think EB2s are right (in the sense that they are more entitled, they need to get the visas ahead of us etc. etc), good for you, but dont pull down those who don't agree with you. We have a brain to think for ourselves.
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sledge_hammer
03-23 01:24 PM
I'm not sure if its just me being a conspiracy theorist for a change, but I see that these types of phone calls and RFEs, etc are coming only to people that DON'T have a lawyer. Anyone else feels the same?
more...
ArkBird
05-01 01:42 PM
By the way what is the actual status of this bill?
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unitednations
03-25 11:58 AM
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.
Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.
In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.
USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.
As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.
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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perm2gc
08-11 03:52 PM
Guys
Is Dobbs a Native American?
Dobbs Wake Up.. AMERICA IS LAND OF IMMIGRANTS..
Is Dobbs a Native American?
Dobbs Wake Up.. AMERICA IS LAND OF IMMIGRANTS..
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validIV
06-26 02:47 PM
I don't know what else to tell you except what I've already stated. Frankly I am surprised that this debate has gone beyond 1 page. I am tired of beating a dead horse.
If you are renting for 1500/month thats 18,000 a year, or 540,000 in 30 years that you lose with no chance of claiming as a deduction or ever using for anything. Rather than losing that money, why not use it to own the property you are living in?
As a homeowner, you can use that 540,000 to own the home. The interest and property taxes you pay are tax deductible, and the principal means that at the end of the 30 years, the home is yours (20 if your loan is 20 years). Even when you are paying the mortgage, you are saving. You are getting bigger tax returns and you are owning the home that you live in. No amount of rent will guarantee either.
Through a combination of tax deductions, home equity, and property value, I am willing to bet you that I can save the same amount you do by renting, but still be ahead by owning the property I live in in 30 years. Just take a look at any home owner's history and tell me someone who hasn't doubled the value of their home (home only, not including their savings) in the past 30 years or more.
Everyone here that is dead-set on renting, by all means continue to throw your money away. And it REALLY is throwing your money away. How you wish to justify doing so is fine by me as long as you can sleep at night and explain to your family, friends and kids why you chose to rent for 30 or so years.
If you buy - and take a mortgate - you end up losing (the same way you "lose" your rent)
1. Interest you pay
2. Property taxes you will pay forever.
3. Maintenance you will pay forever.
On the other hand - if you rent and,
A. IF you pay less in rent than #1 + #2 + #3,
B. IF you invest the remainder plus your mortgage principal amount in some other investment vehicle with superior investment returns than real estate.
.... Then you will come out ahead renting.
The tipping point is whether your rent equals interest + property taxes + maintenance. Based on which side is higher - either renting or buying could be good for you. I don't think there is a clear cut answer. This does not take into account the flexibility associated with renting - which is important for non-GC holders. If you assign a non-zero dollar value of $X with that flexibility, then your rent needs to be interest + tax + maintanance + $X to get to the tipping point. On the other hand, if you are not forced to save (in the form of mortgage principal payment every month) - you may just spend that money instead of investing that. If you assign a dollar value of $Y with that (probability multiplied by actual dollar value) - then the tipping point is at
$rent = $interest + $tax + $maintenance + $X(dollar value for flexibility) - $Y(dollar value for probability of spending money instead of saving).
Now as soon as you plug in the numbers in this equation - it will give you your tipping point and will tell you whether it is right for you to rent or to buy.
Think about it. It is not as clear cut as you think it is. :-) Based on your earlier posts - you got an absolutely faboulous deal on your house (maybe because of your timing) and the tipping point equation would probably highly favor buying in your case. For many other (specially for those without a GC) - it may not be so clear cut.
If you are renting for 1500/month thats 18,000 a year, or 540,000 in 30 years that you lose with no chance of claiming as a deduction or ever using for anything. Rather than losing that money, why not use it to own the property you are living in?
As a homeowner, you can use that 540,000 to own the home. The interest and property taxes you pay are tax deductible, and the principal means that at the end of the 30 years, the home is yours (20 if your loan is 20 years). Even when you are paying the mortgage, you are saving. You are getting bigger tax returns and you are owning the home that you live in. No amount of rent will guarantee either.
Through a combination of tax deductions, home equity, and property value, I am willing to bet you that I can save the same amount you do by renting, but still be ahead by owning the property I live in in 30 years. Just take a look at any home owner's history and tell me someone who hasn't doubled the value of their home (home only, not including their savings) in the past 30 years or more.
Everyone here that is dead-set on renting, by all means continue to throw your money away. And it REALLY is throwing your money away. How you wish to justify doing so is fine by me as long as you can sleep at night and explain to your family, friends and kids why you chose to rent for 30 or so years.
If you buy - and take a mortgate - you end up losing (the same way you "lose" your rent)
1. Interest you pay
2. Property taxes you will pay forever.
3. Maintenance you will pay forever.
On the other hand - if you rent and,
A. IF you pay less in rent than #1 + #2 + #3,
B. IF you invest the remainder plus your mortgage principal amount in some other investment vehicle with superior investment returns than real estate.
.... Then you will come out ahead renting.
The tipping point is whether your rent equals interest + property taxes + maintenance. Based on which side is higher - either renting or buying could be good for you. I don't think there is a clear cut answer. This does not take into account the flexibility associated with renting - which is important for non-GC holders. If you assign a non-zero dollar value of $X with that flexibility, then your rent needs to be interest + tax + maintanance + $X to get to the tipping point. On the other hand, if you are not forced to save (in the form of mortgage principal payment every month) - you may just spend that money instead of investing that. If you assign a dollar value of $Y with that (probability multiplied by actual dollar value) - then the tipping point is at
$rent = $interest + $tax + $maintenance + $X(dollar value for flexibility) - $Y(dollar value for probability of spending money instead of saving).
Now as soon as you plug in the numbers in this equation - it will give you your tipping point and will tell you whether it is right for you to rent or to buy.
Think about it. It is not as clear cut as you think it is. :-) Based on your earlier posts - you got an absolutely faboulous deal on your house (maybe because of your timing) and the tipping point equation would probably highly favor buying in your case. For many other (specially for those without a GC) - it may not be so clear cut.
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sledge_hammer
03-23 01:24 PM
I'm not sure if its just me being a conspiracy theorist for a change, but I see that these types of phone calls and RFEs, etc are coming only to people that DON'T have a lawyer. Anyone else feels the same?
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arunmohan
03-25 04:48 PM
www.ushomeauction.com
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desi3933
08-05 11:22 AM
Nobody cares what qualifications u have. EB1, EB2 and EB3 is what matters at the end of the day.
This letter is utter nonsense. Admins, Moderators...pls stop this nuisance as this will cause internal fighting and end up in nobody receiving any benefits in the near future. If USCIS responds +vely to that letter, then do u think EB2s will keep quiet??? This will cause chaos and thus nobody will get anything out of it. Why is this thread still alive. Pani, the starter of this thread shud be banned for initiating this effort. Shud anything -ve happen to EB2s as an outcome of this, I'm gonna hunt that fellow and sue him for ruining my life.
Would you mind explaining a bit?
This letter is utter nonsense. Admins, Moderators...pls stop this nuisance as this will cause internal fighting and end up in nobody receiving any benefits in the near future. If USCIS responds +vely to that letter, then do u think EB2s will keep quiet??? This will cause chaos and thus nobody will get anything out of it. Why is this thread still alive. Pani, the starter of this thread shud be banned for initiating this effort. Shud anything -ve happen to EB2s as an outcome of this, I'm gonna hunt that fellow and sue him for ruining my life.
Would you mind explaining a bit?
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SunnySurya
08-05 10:58 AM
I most definitely do. But all depends who needs the most help and what expense. If you ask me to donate a Kidney if my one my Kidney is already failing, I most likely will not help.
But if you ask me for some other cause where I am not affected. I will definitly help. You would be doing the same things if your were in my shoes. If not atleast thinking the same things.
So, you don't believe in helping others.
But if you ask me for some other cause where I am not affected. I will definitly help. You would be doing the same things if your were in my shoes. If not atleast thinking the same things.
So, you don't believe in helping others.
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cinqsit
04-13 03:04 PM
Hi gimme_GC2006,
I am no expert in this matter but may be you should respond with all the info you have. Contact Number, Address, Supervisor Name, Phone Number etc - and a brief statement saying that the company does not exist anymore etc etc. If they want to -- they can track down your supervisor etc from the non-existent company if they want to verify your employment.
Again its best if you get help with a qualified attorney - (should'nt hurt to spend a few $$ more to have a peace of mind) plus yours is the only case of this type I am seeing on these boards so is a bit disconcerting...
All the best,
cinqsit
I am no expert in this matter but may be you should respond with all the info you have. Contact Number, Address, Supervisor Name, Phone Number etc - and a brief statement saying that the company does not exist anymore etc etc. If they want to -- they can track down your supervisor etc from the non-existent company if they want to verify your employment.
Again its best if you get help with a qualified attorney - (should'nt hurt to spend a few $$ more to have a peace of mind) plus yours is the only case of this type I am seeing on these boards so is a bit disconcerting...
All the best,
cinqsit
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nojoke
01-01 12:23 PM
Do you think Indian strikes on Pakistan, or a war between India and Pakistan, is going to weaken these guys, or strengthen them?
What would be dumb now?
Suppose there are theives from Bihar that come and rob you in West Bengal.
You can either send your West Bengal police into Bihar, and turn it into a rivalry between two police departments. And a rivalry between two provinces.
Or you have the two police departments work together to reduce crime rate in the future.
You are delusional. Your example is no way related to what is happening. I don't know if I should explain the difference. 'You can wake up a sleeping man, but you cannot wake up a man pretending sleeping'. I have a feeling that you are simply trolling here.
The attack on pakistan terrorist camps is not to defeat terrorist, but to send a message to pakistan government to get serious. Either take action on these terrorist or we will do it. (It is more like humilating pakistan that we can do this and world is on our side and you better do something about this problem). We ask Azad Masood now because, if we get one guy out of pakistan, all other terrorists would realize that they cannot have a safe haven in pakistan. At least they won't be preaching openly in the public to go and bomb India.
So stop trolling:D
What would be dumb now?
Suppose there are theives from Bihar that come and rob you in West Bengal.
You can either send your West Bengal police into Bihar, and turn it into a rivalry between two police departments. And a rivalry between two provinces.
Or you have the two police departments work together to reduce crime rate in the future.
You are delusional. Your example is no way related to what is happening. I don't know if I should explain the difference. 'You can wake up a sleeping man, but you cannot wake up a man pretending sleeping'. I have a feeling that you are simply trolling here.
The attack on pakistan terrorist camps is not to defeat terrorist, but to send a message to pakistan government to get serious. Either take action on these terrorist or we will do it. (It is more like humilating pakistan that we can do this and world is on our side and you better do something about this problem). We ask Azad Masood now because, if we get one guy out of pakistan, all other terrorists would realize that they cannot have a safe haven in pakistan. At least they won't be preaching openly in the public to go and bomb India.
So stop trolling:D
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indianindian2006
08-02 07:01 PM
Yes.
A little unknown thing is that even if you get married to someone who is eligible for 245i; you also get that benefit. Even if someone divorced a person who was eligible for 245i; they still get the benefit.
Therefore, someone who has overstayed, out of status and marries someone who had a labor or 130 pending before april 30, 2001 (even though this person was never out of status or overstayed); then spouse can claim 245i benefit.
You mean the spouse gets 245i benifit even if the spouse was not present here on dec 2000 and came after 2001.
A little unknown thing is that even if you get married to someone who is eligible for 245i; you also get that benefit. Even if someone divorced a person who was eligible for 245i; they still get the benefit.
Therefore, someone who has overstayed, out of status and marries someone who had a labor or 130 pending before april 30, 2001 (even though this person was never out of status or overstayed); then spouse can claim 245i benefit.
You mean the spouse gets 245i benifit even if the spouse was not present here on dec 2000 and came after 2001.
rsdang
08-22 11:56 AM
Once Indra Gandhi was invited by queen Elizabeth for a tea party.
Zail Singh wanted to know why he would not be taken to the ocassion by indra gandhi. Indra said that he did not have any table ettiqquette but she would train him for it. After six months of rigourous training, they went to the party.
After tea the queen kept her cup upside down while indra kept it the right way. Giani was utterly confused and so he kept his cup laying on its side. After the party indra wanted to know why he had kept his cup that way.
He asked the reason for her keeping the cup the right way and the queen keeping it upside down. She said"i wanted more tea and the queen didn't.
Why did you keep the cup on its side? Giani thought for a moment and said "my message was - agar chai hai to de do nai to koi gal nahin."
Zail Singh wanted to know why he would not be taken to the ocassion by indra gandhi. Indra said that he did not have any table ettiqquette but she would train him for it. After six months of rigourous training, they went to the party.
After tea the queen kept her cup upside down while indra kept it the right way. Giani was utterly confused and so he kept his cup laying on its side. After the party indra wanted to know why he had kept his cup that way.
He asked the reason for her keeping the cup the right way and the queen keeping it upside down. She said"i wanted more tea and the queen didn't.
Why did you keep the cup on its side? Giani thought for a moment and said "my message was - agar chai hai to de do nai to koi gal nahin."
lfwf
08-06 02:50 PM
But you see, what YOU think RollingFlood wants cannot be achieved through a lawsuit. From what I and pretty much most of us understand from the letter of the law is that it allows for earliest priority date. A lawsuit cannot change the law. Also remember that GCs in the employment based category are given based on SPONSORSHIP by an employer. So an EB3 got an earlier priority date based on a labor petition that existed at some earlier period in time when RollingFlood, I, and plenty of others decided we wanted to get a PhD instead. That was OUR choice.
Also, this is a free country. People who are really committed to get an advanced degree, can enroll in graduate school part time, which is what many people I know did. They hopped onto the GC line as EB3 and went to grad school part time. Some now have graduate degrees from places like Stanford.
Also note that the law accounts for really smart people to be unfettered by allowing for things such as EB2 National Interest Waiver and EB1 exceptional ability.
To say that just because someone was doing a PhD and therefore needs to get an earlier priority date that accounts for their graduate program is, to say the least, weird. It is mixing up the employment based system with a merit based system. In fact, one could argue a merit based system should not have any notion of priority dates whatsoever!
Also, just like you, I have no personal gain from this, one way or the other :-)
I have desisted from posting here because all people do is give hystero-emotonal resposnses ranging from "advanced degree means nothing in law' to "his parents must have waived him goodbye". However recently I see some sane posts that actually consider the issues rather than the rhetoric and I feel constrained to point out that you are wrong.
1. I cannot judge the merits of a lawsuit but the "equivelance" of an advanced degree is set at 5 years by regulation not law. That can be challenged in court. Again- I don't know if it will be thrown out, but it can be challenged all right. It would satisfy the goal of OP, whose primary grouse was with people who do not qualify initially for EB2, using the 5 years to both jump to EB2 and preserve their PD.
2. The employment based system is actually stratified by "merit" or" "level of job difficulty" (rightly or wrongly so- that's a separate issue). So they are not different things. The preference categories are set up so that it's easist to qualify for EB3 and toughest for EB1. Therefore the jump that BS +5 takes to EB2 already gives them the advantage of a better cut off date in a smaller category. The PD porting magnifies that to the extent that genuine (adding this to avoid renewed attacks on the terrible things EB2 folks do to qualify) original EB2 filers are left at a huge disadvantage. I asked repeatedly why people who spent the same years getting adavanced education should be left behind. No one addressed that, instead gave me alternative sob stories about being wrongly placed in EB3. Two wrongs do not make a right! And I (at least) am not challenging the rights of people who initially could have qualified for an EB2 to port.
And if its a free country OP has every right to question the regulation. Why have fits over it? How about analysing the issue itself instead and figuring out it's strengths and weaknesses? Do you think USCIS or Congress care that your attorney "made you file EB3"?
3. EB2 NIW still gives you a PD only AFTER you complete your advanced education and prove yourself exceptional. Still the same EB2 line. EB1 similarly gives you a PD much later- of course for now it does not matter since its current- if it backlogs, expect the same questions from them.
I fear this thread is fodder for anti immigrants. Virtually every EB3 here has questioned "most EB2's" classification and accused all of us of some kind of fraud. Really guys, be ashamed.
Also, this is a free country. People who are really committed to get an advanced degree, can enroll in graduate school part time, which is what many people I know did. They hopped onto the GC line as EB3 and went to grad school part time. Some now have graduate degrees from places like Stanford.
Also note that the law accounts for really smart people to be unfettered by allowing for things such as EB2 National Interest Waiver and EB1 exceptional ability.
To say that just because someone was doing a PhD and therefore needs to get an earlier priority date that accounts for their graduate program is, to say the least, weird. It is mixing up the employment based system with a merit based system. In fact, one could argue a merit based system should not have any notion of priority dates whatsoever!
Also, just like you, I have no personal gain from this, one way or the other :-)
I have desisted from posting here because all people do is give hystero-emotonal resposnses ranging from "advanced degree means nothing in law' to "his parents must have waived him goodbye". However recently I see some sane posts that actually consider the issues rather than the rhetoric and I feel constrained to point out that you are wrong.
1. I cannot judge the merits of a lawsuit but the "equivelance" of an advanced degree is set at 5 years by regulation not law. That can be challenged in court. Again- I don't know if it will be thrown out, but it can be challenged all right. It would satisfy the goal of OP, whose primary grouse was with people who do not qualify initially for EB2, using the 5 years to both jump to EB2 and preserve their PD.
2. The employment based system is actually stratified by "merit" or" "level of job difficulty" (rightly or wrongly so- that's a separate issue). So they are not different things. The preference categories are set up so that it's easist to qualify for EB3 and toughest for EB1. Therefore the jump that BS +5 takes to EB2 already gives them the advantage of a better cut off date in a smaller category. The PD porting magnifies that to the extent that genuine (adding this to avoid renewed attacks on the terrible things EB2 folks do to qualify) original EB2 filers are left at a huge disadvantage. I asked repeatedly why people who spent the same years getting adavanced education should be left behind. No one addressed that, instead gave me alternative sob stories about being wrongly placed in EB3. Two wrongs do not make a right! And I (at least) am not challenging the rights of people who initially could have qualified for an EB2 to port.
And if its a free country OP has every right to question the regulation. Why have fits over it? How about analysing the issue itself instead and figuring out it's strengths and weaknesses? Do you think USCIS or Congress care that your attorney "made you file EB3"?
3. EB2 NIW still gives you a PD only AFTER you complete your advanced education and prove yourself exceptional. Still the same EB2 line. EB1 similarly gives you a PD much later- of course for now it does not matter since its current- if it backlogs, expect the same questions from them.
I fear this thread is fodder for anti immigrants. Virtually every EB3 here has questioned "most EB2's" classification and accused all of us of some kind of fraud. Really guys, be ashamed.
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