The Philippines According to Blogs

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Archive for February, 2009

facebook reverts it’s terms!

  • Filed under: Tech
Wednesday
Feb 18,2009

“VICTORY! YOU SPOKE, and FACEBOOK LISTENED.”

this is how the people against the new terms of service group in facebook greeted it’s members today. in the group’s profile facebook today have opted to revert to it’s good old terms of service.

if you have a facebook account, you will see the following notice:

Terms of Use Update

Over the past few days, we have received a lot of feedback about the new terms we posted two weeks ago. Because of this response, we have decided to return to our previous Terms of Use while we resolve the issues that people have raised. For more information, visit the Facebook Blog.

read more [http://itpinoy.blogspot.com]

Wednesday
Feb 18,2009

this is the loudest noise lately, people are reacting on the new facebook terms of service (TOS), for it stated that even if you leave facebook, your uploaded content is archived and for their use!

read more [http://itpinoy.blogspot.com]

Tuesday
Feb 17,2009

This evening I was reading a book written by one of my favorite authors, Zig Ziglar. I was inspired by the few lines I read:

“Somebody once said that the major difference between a big shot and a little shot is that the big shot was the little shot who kept on shooting…” [read more here]

Extremely moist chocolate cake

  • Filed under: Dining
Monday
Feb 16,2009

There are two types of cake I am trying to become an expert at making, the perfect cheesecake, and the perfect chocolate cake. I am on that journey right now and I must say, I have had more successful chocolate cakes than cheesecakes. I have been asked many times if I could share my many recipes for chocolate cake and here is one where the result is what I call chocolate cake ala Polly’s Chocolate Cake.

Read more…

Monday
Feb 16,2009

Pizza Restaurant in Cebu Philippines - Handuraw Pizza

Not so long ago, the only pizza restaurants here in Cebu are the familiar and somewhat expensive international brands like Pizza Hut & Shakeys, and of course the unforgettable Mom’s Pizza (or Yummy’s).

But now there are a lot of pizza places in Cebu that have found their own niche by offering something different yet attractive to the discriminating taste of the Cebuanos.

It is like one big pizza revolution out here in Cebu but I am not complaining because now we get to enjoy good quality and innovative pizzas within our budget.

In the coming weeks, DiningCebu.com will review some of the fast-growing and much raved about pizza restaurants here in Cebu. From the famous Alberto’s and their very affordable pizzas, the gigantic 30″ pizzas from Calda Pizza, and other pizza places like Handuraw, Da Vinci’s, Amicos, Jersey’s, JCA, and much much more.

So far the Pakalistas of DiningCebu.com have reviewed the following:

Da Vinci’s Pizza
Alberto’s Pizza
Handuraw Pizza

Click on the individual links above to read our review and do keep visiting DiningCebu.com for more pizza updates. Enjoy!

Monday
Feb 16,2009

It did not occur to me to check what bloggers had written, if any, about their experience on “Kapamilya Deal or No Deal” (KDOND) until after I had taped for the show. More

This be my Post-Valentine’s Day, um, Post

  • Filed under: Personal
Monday
Feb 16,2009

Let me get this out of my chest: Valentine’s Day is a big crock of shit.

Sure, it feels good dedicating one whole day to love. And of course, if you’ve got dates and all, it wouldn’t hurt to blow a fortune on flowers, chocolates, various stuffed animals, and motel fees just to make your beloved feel good. Maybe I’m just a bit bitter because I did spend a fortune on that stuff (except for the motel fees; I’m a God-fearing citizen who believes in abstinence) and for all intents and purposes I’ll be sucking dicks along EDSA for 20 pesos a pop just to get through the rest of the month.

Women love it when men go out of their way to spend loads of money for something impractical and will rot for a few days. And us men would want nothing more than the adulation and happiness (read: blowjobs) that comes out of that herculean effort. I strongly believe I could save my time by going up to my girlfriend and dumping the entire contents of my wallet in a paper shredder while screaming “I LOVE YOU! SEE?! I’M DESTROYING MY LIFE SAVINGS FOR YOU! ALSO PAY FOR DINNER BECAUSE I’M OFFICIALLY BROKE”. Continued…

Men in Kilts

Monday
Feb 16,2009

My friend sent me an e-mail about men in kilts. Do these men wear anything underneath?

See for yourself.

From Blog

The woman behind the mask

Monday
Feb 16,2009

I would say I am a fairly independent and self sufficient woman despite many people’s expectations that women are helpless clueless creatures of the world. I got trained early by my parents and learned a lot more during my stint working in the US and when I was a single mom.

What that means is that I can clean, do the laundry, cook, go somewhere using a map, drive and find my way inside a large hardware store to find and buy what I need. I can strike up a decent conversation with the mechanic about a car problem I am having but I must admit I cannot change a flat tire.

Read more…

Valentine’s Earthquake

  • Filed under: Personal
Sunday
Feb 15,2009

Nagkaroon ng malakas na paglindol sa ilang lugar ng Kamaynilaan kagabi, February 14. Kakaiba ang lindol na ito at maging mga scientists, seismologists at manicurists ay nawindang sa lindol na ito. Hindi lang kasi naka-sentro sa isang lugar ang epicenter ng lindol. Napabalitang ang malalakas na epicenter ng lindol ay nasa Pasay, Sta.Mesa at Pasig. May mga ulat ding lindol sa ibang lugar ngunit hindi katulad sa lakas ng lindol sa mga nasabi.

Ituloy ang pagbabasa…

Star Trek Online A Continuation of the Franchise

Friday
Feb 13,2009

The Star Trek Community is divided over the canon status of the MMORPG adaptation of the franchise, however, the developers explained how they’re developing Star Trek Online and who created the storyline.

Does it make STO a Canon?

Read it here.

need some geek lovin?

  • Filed under: Tech
Friday
Feb 13,2009

this is probably the geekiest form of showing affection ever… check this out!

thinkgeek came up with this fascinating idea for lovebirds out there. all you need to do is buy one glowing shirt for yourself, and another for your significant other.

read more @ [http://itpinoy.blogspot.com]

yahoo! philippines says yahoo!

  • Filed under: Tech
Thursday
Feb 12,2009
looks like yahoo! philippines isn’t worried about the gloomy economy, in fact they feel quite “bullish” this year for they see a lot of opportunities in the country.

“Despite the gloom and doom scenarios, our industry continues to thrive,” Joselito Añonuevo, Yahoo! Philippines GM highlighted.


Thursday
Feb 12,2009

I don’t know anymore why I still watch Grey’s Anatomy now on its 5th season. There was a time when this Emmy and Golden Globe award-winning television show was at its best. Their peak was in Seasons 1-3, 2005 to early 2007 then it went downhill. The show is highly-acclaimed for its so called blind-casting, resulting in a racially diverse cast. It is also praised by the Lesbian, Gay, Bisexual and Transgender (LGBT) community and Gay & Lesbian Alliance Against Defamation (GLAAD) group for its gay-themed storyline- a scarcity in primetime television these days. All is changed. I had faith in Shonda Rhimes, creator of the show but it is soon wading into oblivion.

The recent speculations that Katherine Heigl and TR Knight are leaving the show would have to be the clincher for me.

Only for Grey’s Anatomy Followers… If you are then
READ MORE HERE…

AdeFAIL: Race To The Gravy

Thursday
Feb 12,2009

As most of you know, I love food. You know, you can take one glance at my humongous frame and you’d probably conclude that I love food. Also, the five chilidogs have in my mouth would be a pretty good giveaway. In fact, I love food so much I could probably name a few (twenty) sexual deviations involving food that I probably have don’t have.

Who would’ve thought that my love for food would actually be a social impediment?

I was eating in KFC with Wits and Baddie, stuffing our faces as usual with chicken and discussing the merits of KY Jelly when applied to financial situations in the context of the current global economic meltdown. Don’t ask.

So we soon realized that we ran out of gravy. And somehow there was only one gravy thermos in a floor of around fifty gravy-eating customers. Fifty murderous gravy-eating customers who are desperate for it.

Read more….

15 Ways to beat the Filipino Time

Wednesday
Feb 11,2009

If you are a Filipino or you have been in the Philippines, I’m sure you know what “Filipino Time” means. Its like DST (daylight saving time) but only backwards. Seriously, its about the extra 30 minutes, 1 hour, 2 hours —being late that is very common and acceptable in the country.

The Filipinos abroad are exempted from this phenomenon. [read more...]

Dating 18 Girls in 1 Night

  • Filed under: Personal
Wednesday
Feb 11,2009

Ngayon, I’m proud to say na naka-date ako ng 18 girls. Sa loob lang ng isang gabi yan ha.

Sponsored ito ng Galileo Enoteca Italian Restaurant and Deli, Stylebible Freeway Solo, Yehey,Clickthecity and NU 107 . Handled by Arete Events.

Ituloy ang pagbabasa…

“Babala” by Alfred A. Yuson

  • Filed under: Literature
Tuesday
Feb 10,2009

The video above… features Alfred A. Yuson reading his poem “Babala,” which was published in Train of Thought: Poems from Tulaan sa Tren, one of NBDB’s new books. More

Tuesday
Feb 10,2009

Rin on the Rox attended the 51st Annual Grammy Awards held at the Staples Center in Los Angeles, California on Sunday, February 8, rubbing elbows with music superstars while the rest of us have to watch the grueling three and a half hours show on TV with commercials. Ha!

Photos and short video. Read more here….

Tuesday
Feb 10,2009

By David H. Nachman, Esq.

 

There are three potential “hot spots” for audits and investigations for the government related to the immigration and nationality laws. The first has to do with the documentation that the employer is required to maintain in connection with the H-1B nonimmigrant professional and specialty and occupation worker visa. The second area of potential audit concerns the employer’s obligations under the Immigration Reform and Control Act of 1986 (“IRCA”) [Pub. L. No. 99-603, 100 Stat. 3359] (known to HR Professionals as the “I-9 Process”). The third, and one more recent, area of audit surrounds the new Labor Certification Application Program called “Permanent Electronic Review Management” (“PERM”). Each of the foregoing government programs anticipates compliance through “audit”. Even a rudimentary understanding of the complex documentary requirements for each of these programs can help and employer to avoid potential liability. 

 

First, the U.S. Department of Labor (“DOL”) regulations that govern the maintenance of professional and specialty foreign national worker require an organization to develop and produce certain documents concerning the wages and the working conditions of an H-1B nonimmigrant. These documents are referred to as the Public Access File (“PAF”).  The PAF documents are required to be maintained at the H-1B worksite immediately after the employer files the Labor Condition Application (“LCA”) with the DOL. The employer is well-situated to ensure they maintain PAF documents and be sure that they continue to pay the H-1B nonimmigrant the specified wage on the LCA. Under the American Competitiveness and Workplace Improvement Act (“ACWIA”), an H-1B nonimmigrant must be offered the same company benefits as those offered to “similarly situated” non-H-1B employees in the organization.   

 

DOL audits can arise as a result of a complaint by a disgruntled employee or as a result of a randomly conducted investigation. Upon a DOL audit (normally undertaken by the Wage and Hour Division) an employer may be found not to be in compliance with (1) paying the H-1B nonimmigrant the specified wage (which pursuant to the H-1B Reform Act of 2004 became effective on March 8, 2005 must be 100% of the federally mandated prevailing wage); and/or (2) maintaining PAF documents; and/or (3) providing the H-1B nonimmigrant with the same benefits as those provided to all other “similarly situated” non-H-1B employees. Any failure to comply with DOL requirements can result in an employer being liable to pay back wages to an H-1B employee, debarment from the use of the H-1B program and/or other potential civil and/or criminal liabilities. Also, if the employer is a government contractor, the failure to comply may result in the debarment from the government contacts.

 

A second potential audit area for audit and investigation of an employer concerns employment verification and employer sanction law (referred to as the “Immigration Reform and Control Act of 1986” or “IRCA”). As every HR Professional knows, IRCA is an integral aspect of every hire. Under IRCA, every employer is required to properly verify the eligibility of an employee to work in the U.S. on the Form I-9. The I-9 Form is a deceptively simple document.  The I-9 Form is only one page in length but it continues to raise issues about proper preparation and retention.    

Since the U.S. Department of Homeland Security’s (“DHS”) absorption of the Legacy-INS, the Immigration and Customs Enforcement Division (“ICE”) has been charged with worksite inspections and audits of I-9 documents. The “good news” for employers is that the number of I-9 inspections has been on the decline. The “bad news” for employers is that ICE Officers are not inclined to be lenient and educate employers about their responsibilities but are more likely to impose sanctions.

Given the present focus on “security” and “identity” in the workplace, it is likely that ICE Officials will be more active in their investigations in the future. ICE is not required to wait for a specific lead. The investigative authorities of the DHS have implemented a “General Administrative Plan” (the “Plan”). The Plan identifies employers from a national database and it targets specific industries that have developed a reputation for hiring unauthorized workers (e.g., restaurant, meat-packing, commercial cleaning, textile and garment). The Plan also provides for “random” audits. For example, due to national security concerns, great efforts continue to be placed on identifying those individuals who have access to the nation’s “critical infrastructures” such as airports, wastewater facilities, and highways.      

Finally, the third area of interest for employers from an audit perspective is the new PERM process for Labor Certifications Applications (the “Green Card”). After pending for over two (2) years, in December 2004, the PERM regulations became “Final” and on March 28th, 2005, the old Labor Certification Application process was replaced by PERM. While PERM promises faster green card processing, the application process is much more complex. The DOL seems to be sending a message that it is easier to audit the employer as opposed to processing an Application. 

The new PERM process requires an employer to obtain a Prevailing Wage Determination (the “PWD”) from the State Workforce Agency (the “SWA”) (e.g. The NJDOL, Alien Labor Certification Unit) in the State where the position has been offered. The PWD area of the law is constantly evolving. Once the PWD is obtained, an employer must undertake a rigid “recruitment process”. Recruitment consists of placing a job order with the SWA and placing two (2) Sunday advertisements in an appropriate newspaper. The recruitment process needs to be completed within six (6) months of the filing of the PERM Application. 

 

PERM requires meticulous preparation and a thorough understanding of the Regulations. The PERM process is analogous to the administrative process that surrounds the filing of a U.S. tax return. When the return is filed, the filer makes representations, declarations, and attestations about annual income and expenses. The filer does not submit evidence about annual income and expenses. Such information is only provided if the Internal Revenue Service (“IRS”) sends the filer a notice for an audit. The PERM program is similar. A PERM Application is filed by making attestations on the new DOL Form 9089. The Form 9089 is submitted to the DOL. DOL can either certify the Form without receiving documentation, or DOL can send out an audit letter.

The new PERM Regulations state that the DOL can request an audit of any pending Labor Certification Application for cause or in the DOL’s discretion. In the event that a prospective employer is noticed for an audit, the employer will receive an audit letter that lists the documents that will have to be submitted. The audit letter shall set a date that is thirty (30) days from the date of the letter for submission of the additional documents and shall advise the employer that the Labor Certification Application will be denied if the information is not received in a timely manner. If the employer does not respond, the PERM Labor Certification Application will be denied.

It appears clearly to be the case that immigration-related programs that are undertaken by employers may be subject to either directed and/or random government audits from the DHS and/or the DOL. Failure to adequately comply with government regulations can result in penalties. The employer’s familiarity with the intricacies of the auditing and compliance are likely to save a considerable amount of both time and money.       

David H. Nachman, Esq. is the Managing Attorney at Nachman & Associates, P.C. with offices located in Upper Saddle River, New Jersey, New York City (and having corresponding offices in Ohio, Netherlands Antilles and California). David Nachman received his BS from Georgetown University and his JD from Case Western Reserve University where he also received a Master’s Degree in Business Administration. Nachman & Associates, P.C. provided counsel throughout the U.S. on a full array of immigration law issues. Visit us at www.VISASERVECOM .com.

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