NAFTA

NAFTA

http://www.nafta-sec-alena.org/en/view.aspx?x=343&mtpiID=147#Ap1603.D.1
Appendix 1603.D.1

Management Consultant :

Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement.

Bureau of Labor -> Occupational Outlook handbook link below:
http://www.bls.gov/oco/ooh_index.htm

http://www.bls.gov/oco/ocos019.htm

Nature of the Work:

As business becomes more complex, firms are continually faced with new challenges. They increasingly rely on management analysts to help them remain competitive amidst these changes. Management analysts, often referred to as management consultants in private industry, analyze and propose ways to improve an organization's structure, efficiency, or profits.

In recent years, information technology and electronic commerce have provided new opportunities for management analysts. Companies hire consultants to develop strategies for entering and remaining competitive in the new electronic marketplace.

(For information on computer specialists working in consulting, see the following statements elsewhere in the Handbook: computer software engineers and computer programmers; computer systems analysts; and computer scientists.)

http://www.naftatnlawyer.com/nafta-tn-management-consultant/

NAFTA Requirements for TN Visa as a Management Consultant.
To qualify for TN visa status under NAFTA as a Management Consultant, an applicant must possess one of the following:
1. A Bachelor’s (Baccalaureate) degree;
2. Licenciatura Degree;
3. Equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant; or
4. Five years experience in a field of specialty related to the consulting agreement.
See 8 C.F.R. § 214.6 (c).
NAFTA Handbook Guidance.
As defined in the NAFTA Handbook, a manual utilized by immigration officials for guidance on NAFTA issues, Management Consultants “provide services that are directed toward improving the managerial, operating, and economic performance of public and private entities by analyzing and resolving strategic and operating problems and thereby improving the entity’s goals, objectives, policies, strategies, administration, organization, and operation.” NAFTA Handbook(Nov. 1999).
Management Consultants are usually independent contractors or employees of consulting firms under contracts to U.S. entities. Management Consultants may be salaried employees of the U.S. entities to which they are providing services only when they are not assuming existing positions or filling newly created positions. As a salaried employee of such an U.S. entity, they may only fill supernumerary temporary positions. Id.
On the other hand, if the employer is a U.S. management-consulting firm, an applicant for TN visa status as a Management Consultant may be coming temporarily to fill a permanent position. Id.
Articles:
Management Consultant Checklist.
Independent Contractor & Management Consultant.
Supernumerary Requirement .
Additional Materials:
Blog Posts - Management Consultant TNs.
References:
NAFTA Handbook (November 1999).
OOH, Management Analysts (2008-09).
Career Guide to Industries, Management, Scientific and Technical Consulting (2008-09).

http://www.naftatnlawyer.com/management-consultant-tn-che/

Management Consultant TN Visa - Checklist
Factors to evaluate when considering eligibility and preparing an application for TN visa status as a Management Consultant under NAFTA:

1. Do the proposed services fall under the duties normally undertaken by a Management Consultant as that term is defined for purposes of NAFTA TN visa status?
The TN application should reference the particular business problem or issue that needs to be solved or improved.

Consulting services should be directed toward improving the managerial, operating, and economic performance of the company.

Consulting services should involve analyzing and resolving the strategic and operation problems.
The TN application should describe how the TN applicant’s consulting services will improve the company’s goals, objectives, policies, strategies, administration, organization, and operations.
See INS Inspector’s Field Manual § 15.5.

2. How is the Management Consultant TN applicant qualified to solve the management problem?
The TN applicant should possess a related Baccalaureate or Licenciatura Degree.
If non-degreed, the TN applicant should have five years relevant experience as a management consultant documented by previous employment letters or professional credentials.
Alternatively, the TN applicant should have five years experience in a field of specialty related to the consulting agreement documented by previous employment letters or professional credentials.

The TN applicant should also have a detailed resume documenting the necessary experience, skills, and knowledge to solve the management problem.
See NAFTA TN Regulations 8 C.F.R. § 214.6.

3. Will the Management Consultant TN applicant’s services be limited to a purely advisory role?
The TN application should describe the reason for the short-term need for an outside consultant.

The TN applicant’s duties should not involve active management of the company or a department.

The TN application should provide the name and title of the individual the TN applicant will report to and the department or staff that will implement the TN applicant’s plans, suggestions, recommendations.

4. What is the nature of the business relationship between the U.S. company and the Management Consultant TN applicant?

Preferred scenario, case least suspect: the TN applicant is a permanent full-time employee of a Canadian management consultant firm providing consulting services to the U.S. company.

Acceptable scenario, not as suspect: The TN applicant is temporarily filling a permanent position at a U.S. management consulting firm.

Most prevalent scenario: the TN applicant is engaged as an independent contractor. Indicia of employer/employee relationship or permanence of job will raise red flags.

Least favorable scenario, high rate of denials: The applicant is a salaried employee of the U.S. company filling a supernumerary temporary position. Application will face severe resistance.

Prohibitive: the TN applicant is assuming a position within the regular operational or personnel structure of the U.S. company.

Honest Conversation

Honest Conversation!

Secnario of conversation between friend1 (BF) and Girl (GF) who is going to India and taking a break en route to meet another guy friend (G1) in mumbai. Where a Hotel room is booked for a night and two days by G1:

BF: Can I ask you something and could please tell me honestly?

GF: What what? (a lil nervous)
BF : Are you going to stay with him in the Hotel or planning to stay with him in the hotel?

GF: "I don't know"
BF : what?
BF : Again are you planning or have you made plans to stay with him in the hotel?

GF: "I don't know,,,,pause for a few secs...I don't know, but I am going to stay in the hotel.

hmmmmm not sure what people reading this will understand as.
To me its a simple "yes, I am going to stay with him at the hotel" or "Yes I made plans to stay with him in the hotel" or "no I didn't plan or did not plan on staying with him at the hotel"

Maybe I am wrong, but not able to see whats wrong other than not able to have a Honest Conversation.

How can there be trust when someone is not able to speak honestly?
Can anyone accuse BF of not trusting GF in cases like this or when they get answers like this?


************************** Mar-20-2010 update **********************

She got cornered like a RAT, when the BF and G1 talked.

And as the instinct reaction of a dirty RAT, she started accusing BF of lying. Not even a iota of remorse or regret or "sorry I lied beause,,,".

Either she will choose to be "Smart enough not to Lie" or "Become a Smarter Liar".

Going by her reaction, which speaks volumes about her deeper issues with Sincerity, Trust and Honesty. Looks like she choose to become a chronic Liar.

feels like the end of my dream

Feels like the end of my dream, my life and all that I sacrificed just to be here and had put up with doing and patiently waiting our under very severe circumstances to get the Canadian passport.

Was hoping that the Canadian passport would make it easier to get employment.

Today went to the border for TN visa related information and was thrown to the wolfs. Directly put in front of the officers who process and they said things that I thought were easy were just in my imagination. much more complex process of documentation than I thought .
Had got this offer from a company and was told that they had processed this for other people too. And they just sent me a copy via E-mail / .pdf. And at the border was told nothing like that is accepted, they need the original. And a huge requirement that the Employment letter has to specify in detail my duties, functions, salary, method of payment......

Then came home and did more digging on the net ::::
Some information I could dig out :


TN Visa Application Process :

http://www.naftatnlawyer.com/contents-of-tn-employment-lett/

For purposes of U.S. immigration, clarity is a necessity for applications for TN status under NAFTA.

Successful applications are those that clearly establish eligibility under one of the NAFTA TN categories and evidence the Canadian/Mexican professional’s qualification for the position. Applicants should strive to clarify and justify every statement made in the application.

With this principle in mind, an Employment Support Letter submitted in support of an application for nonimmigrant TN status must clearly and coherently establish the following key five points:

1. The Employer Support Letter must clearly state the NAFTA job category the applicant is seeking admission under.

2. The Employer Support Letter must provide a description of the professional activities involved, including a brief summary of daily job duties. The TN applicant’s prospective job duties must be consistent with the job duties generally performed by those in the particular occupation.

Inspecting officers will look to the Occupational Outlook Handbook, a manual published by the Department of Labor, for insight on the duties normally required of professionals in a particular profession. It is important for TN applicants that their prospective job duties fall within the ambit of those described for the profession in the OOH.

3. The Employer Support Letter must demonstrate that the Canadian citizen possesses the education or appropriate credentials to satisfy the professional level qualifications required under NAFTA.

4. The Employer Support Letter must provide the anticipated length of stay (may request up to three years).

5. The Employer Support Letter must state the arrangements for remuneration for the services to be rendered.

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Bureau of Labor -> Occupational Outlook handbook link below:
http://www.bls.gov/oco/ocos287.htm

Computer System Analyst: --> Nature of the Work
Details paste below (way down)
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*********This is info I got from the Border Personal when I went to get the TN visa info.*****

I got some information from the border post regarding the documentation.
- The Job title has to be something approved in the NAPTA. (using anything other than that is a disqualification.) eg Computer System Analyst.
- And it has to have a detailed description on the job duties and other related information.

- They need the Original not a copy or pdf print out


here is the link to the official site :

http://travel.state.gov/visa/temp/types/types_1274.html#3

A Canadian citizen without a TN visa can apply at a U.S. port of entry with all of the following:

• Request for admission under TN status to Department of Homeland Security, Customs and Border Protection, U.S. immigration officer;
• Employment Letter - Evidence of professional employment. See Employment Letter below;
• Proof of professional qualifications, such as transcripts of grades, licenses, certificates, degrees, and/or records of previous employment;
• Proof of ability to meet applicable license requirements;
• Proof of Canadian citizenship- Canadian citizens may present a passport, as visas are not required, or they may provide secondary evidence, such as a birth certificate. However, Canadian citizens traveling to the United States from outside the Western Hemisphere are required to present a valid passport at the port-of-entry;
• Fee of U.S. $50

Employment Letter

The employer in the U.S. must provide to the applicant a Letter of Employment in the United States. The letter must indicate that the position in question in the U.S. requires the employment of a person in a professional capacity, consistent with the NAFTA Chapter 16, Annex 1603, Appendix 1603.d.1.

The applicant must present evidence of professional employment to satisfy the Consular Officer of your plans to be employed in prearranged business activities for a U.S. employer(s) or entity(ies) at a professional level. Part-time employment is permitted. Self-employment is not permitted. An employment letter or contract providing a detailed description of the business activities may be provided from the U.S. or foreign employer, and should state the following:

• Activity in which the applicant shall be engaged;
• Purpose of entry;
• Anticipated length of stay;
• Educational qualifications or appropriate credentials demonstrating professional status;
• Evidence of compliance with DHS regulations, and/or state laws; and
• Arrangements for pay.
• Although not required, proof of licensure to practice a given profession in the United States may be offered along with a job offer letter, or other documentation in support of a TN visa application.

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Appendix 1603.D.1

Professionals :

Computer Systems Analyst:


Baccalaureate or Licenciatura Degree; or PostSecondary Diploma ³ or PostSecondary Certificate ⁴ , and three years experience
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Bureau of Labor -> Occupational Outlook handbook link below:
http://www.bls.gov/oco/ocos287.htm

Computer System Analyst: --> Nature of the Work
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Nature of the Work

Nearly all organizations rely on computer and information technology (IT) to conduct business and operate efficiently. Computer systems analysts use IT tools to help enterprises of all sizes achieve their goals. They may design and develop new computer systems by choosing and configuring hardware and software, or they may devise ways to apply existing systems' resources to additional tasks.

Most systems analysts work with specific types of computer systems—for example, business, accounting, and financial systems or scientific and engineering systems—that vary with the kind of organization. Analysts who specialize in helping an organization select the proper system hardware and software are often called system architects or system designers. Analysts who specialize in developing and fine-tuning systems often have the more general title of systems analysts.

To begin an assignment, systems analysts consult with an organization’s managers and users to define the goals of the system and then design a system to meet those goals. They specify the inputs that the system will access, decide how the inputs will be processed, and format the output to meet users' needs. Analysts use techniques such as structured analysis, data modeling, information engineering, mathematical model building, sampling, and a variety of accounting principles to ensure their plans are efficient and complete. They also may prepare cost-benefit and return-on-investment analyses to help management decide whether implementing the proposed technology would be financially feasible.

When a system is approved, systems analysts oversee the implementation of the required hardware and software components. They coordinate tests and observe the initial use of the system to ensure that it performs as planned. They prepare specifications, flow charts, and process diagrams for computer programmers to follow; then they work with programmers to “debug,” or eliminate errors, from the system. Systems analysts who do more in-depth testing may be called software quality assurance analysts. In addition to running tests, these workers diagnose problems, recommend solutions, and determine whether program requirements have been met. After the system has been implemented, tested, and debugged, computer systems analysts may train its users and write instruction manuals.

In some organizations, programmer-analysts design and update the software that runs a computer. They also create custom applications tailored to their organization's tasks. Because they are responsible for both programming and systems analysis, these workers must be proficient in both areas. (A separate section on computer software engineers and computer programmers appears elsewhere in the Handbook.) As this dual proficiency becomes more common, analysts are increasingly working with databases, object-oriented programming languages, client–server applications, and multimedia and Internet technology.

One challenge created by expanding computer use is the need for different computer systems to communicate with each other. Many systems analysts are involved with “networking,” connecting all the computers within an organization or across organizations, as when setting up e-commerce networks to facilitate business between companies.

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India

in Indian tradition its usually a very Huge Insult that the guest is not invited to the house especially when they are coming from far and stopping by just to meet them.
"Athithi Devo Bhava" == > Guest is equal to God.
Athithi = Guest
Devao = God

I was thinking about why the sadhus go to the Himalayas. Basically in search of bliss. And bliss comes when you are in a steady emotionaly neutral state of being.
And when they are in the middle of society, they are bombarded by all kind of info and then that causes emotional ups and downs. And that is something most people experience watching TV.

And even when we mediate to achieve the neutrality or "nothingness" its just temporary, but helps to stream line our life, thinking, emotion for the moment and a little beyond.

There are those who stay in the society and achieve the bliss going about doing their daily routine "kriya" (work). Which may not give them the Highs of emotional thrills or the lows. But keeps them in a steady state of bliss. Some may think that they are in a vegetative state. But I think that as long as they are happy doing what they do and are not subjected to the emotional ups and downs they are living blissful.
Ignorance can be blissful too.

Many others want to attain bliss by climbing up the corporate ladder or achieving multi-billion dollar targets. Or travelling around the world searching. OR going around the world in a boat..... deep down I think all are searching for bliss and peace.
Roughly translated "a state of happiness".

But to each his own path of realization.

I wanted to tell when I started off with the sadhus was for you to know about the Jains , religion started around the same period of Buddhism called Jainism .
They are predominantly in Gujarat and Rajasthan states

They have some strict diet related way of controlling peoples urges and emotional balance.
for example they say not to eat food made of onions (I love in my curries) cause it causes people to have higher sexual urges.
Then they say not to eat stuff that are grown below the surface of earth. like potatos and carrots, etc.... not really sure the logic behind it. Must be again related to some other chemical that would cause fluctuation of emotions.
And for sure not to eat meat and alcohol.

It is an interesting religion, worthy of looking at it without bias to know more as to the reasons behind their practices.

And that is one of the reasons I wanted to explore Gujarat and Rajasthan.... maybe soon ;)

There are things that are deeper than the poverty that strikes ones eyes when in India,, that is keeping a huge population of people diverse and so low in material comforts together as a single country.

Also If possible please look into Bhrama kumaris.. mostly Women run group of follower of Shiva manily.
They mainly wear white, remain unmarried and do lots spiritual work. Almost all of them seem to have a very peaceful smile radiating.
I went to their weekly get together for mediating and spiritual talks when I was in Mumbai. So calming and thought provoking.

keep your eyes open to exprience the diversity and contradiction of colorful human behavior and practices across the land scape of Indian Canvas...

Helpless feeling

Helpless feeling, the same I felt a few months ago. One process of my thoughts are saying, its non of your business, if some one is making the choice then they have to face the consequences of their actions.
But then one part of me cares and feels sick and helpless not knowing the best way to get the message across. The message to not fall for some short term superficial attraction.

Then for some reason it did work ( a few months ago). But now after those few months and much of history together, not sure what my stand out to be. Should I try to preach to someone who would think that I am just a barking fool? and only go deeper towards the back hole?

When you love someone

When you love someone,
You let your guard down
And you let them hurt you.



Equality is a FEELING and HOPE in a relationship, that you want to SHARE with the other forever. Sharing thoughts, feelings, space and everything possible. The more the Sharing is Open, Sincere and Honest the STRONGER the relationship.
But when one person decides to hold back or is been selective in sharing the cracks appear in the core of the relationship. Only way to fix it is the person been selfish and self-centered realizes this and makes an effort to correct the behavior and fix it.

The sweetest and most heart warming aspect of a relationship is the magical feeling of sharing everything with out holding back.
Just the thought of sharing without holding back warms my heart.

But then the object of my affection turns out to be someone who just does not appreciate me, my thoughts, my feelings or much of everything about me.
There arises in every mans life the need for been appreciated for what ever good and wonderful they are and not to be treated like some part time entertainment when ever when some one is bored and needs excitement.

Thats why relationship is called sharing with EACH OTHER as much as possible with 100% effort form each involved, not 50-50.
And when it becomes the Sharing of one person and the other not open to sharing as much, it becomes a one sided affair. Thats not an ideal relationship. And the person making the most compromises and sharing and opening up (in this case me) ends up been hurt, miserable and scarred for what ever years are left of my life.

And that in other words means that the person I am in love with is not in Love with me. That she does not feel the same level of feeling or intensity of feeling that I feel towards her.

What would anyone do when they realise that?
for one get scared and pull back and not want to get hurt. Pull back with the hope that maybe things will change and that its not the right time or right Person and trust my Heart too to the other.
Tone down on the intensity that they are feeling and try to control the unselfishness and sharing feeling that they felt......
In other words try to protect one self from the inevitable heart break.

Sick Sick Sick

Tired and sick of selfish, self centered, unfaithful and disloyal people.

Is it really my own problem or am I always attracting these kind of people?

Every time I think, hopefully this time.... but only to end up with these crooked people playing their own crooked games and assume that I am some kind of dumb arse who does not know or can comprehend peoples pattern of actions.

True Honesty and loyalty is so hard to come by. Guess its because they are not honest with themselves.
Or is it because I am too sincere and am open to others questioning me and am openly honest enough to test and question my actions and thoughts no matter how un-comfortable it is to face.

Is that why I am confused at times and not able to understand why do other people find it so difficult and not wanting to face question about their actions and thoughts?

Or
is it that I am falling for women when they are not ready for a loving two way relationship and only want to feel loved by anyone (in this case me) and then after a bit of time they start feeling a new level of self-worth and then suddenly they find that their value in the market is much more higher and that there are other option(s) open.
The other option(s) open is a very powerful feeling of Power, especially when the women is been pursued by many desperate men (desperate for what ever their primary needs at that moment are), who would go to the lengths of sweet talking them and seducing them with promises of marriage and then,,,,,,bye,bye or sorry "I cannot go against my parents wishes", or "sorry my life is taking a different turn and I have to move to another country" or .. whatever the host of players use these days.
But again this feeling of Power is something I keep seeing happening to many women and after that they are all about taking me for granted and dumping me...... And me like a fool have been hanging and hoping on that hopefully soon she will really fall in love with me or there is something thats stopping her from expressing..... (that is probably my mistake) for having letting my guard down and becoming susceptible again and again to these emotionally killing one sided love relationships.


Just got a phone call saying that I won tickets to the Olympic Womens Hockey game for tomorrow the Feb-25-2010 will continue on returning....

OR
Maybe they are all just been with me because they just want to be known to be in a relationship and tell their family and friends, 'oh I have a nice boy friend'. But are they in love with me????? I guess not.

But is it fair for them to having a relationship with me and expecting me to love them un-conditionally when they are not in love with me?
Nope..... life is not fair, SO I guess I have to suck it up and move on, thou it feels like been punched in the stomach senseless and my legs are virtually giving away not able to stand.

Or
Maybe I should also be like many other guys, just play the game, have sex and not have any emotional attachment to the bitches. That way at least I won't feel this hurt for been treated as a stepping stone.
But there in lies the funny part, I don't feel like doing it with someone I do not have connection and loving feelings.

I am really feeling sick....