Imigrait
06-13 12:22 AM
look man wether anyone likes it or not fact is that jobs are going to two countries with a billion dollar plus population ... they are hardworking and they are verrrrrrrryyyyy hungry.... so even if you stop immigrants alltogether from coming to this country .. it does not matter. The jobs will simply go there (to China and India). After all the companies exist to serve their shareholders and not their employees and the simplest way to maximize profit is to cut cost. Simple!!! the outsourcing offshoring train has just started and there is no stopping it.
You may argue to some extent that the complexity of your job will provide your protection but the fact is management is always scared off complex functions that require expensive resources (i.e human beings) .. management will always want to break down your job to lowest common denominator so that it can be shipped or done at lower cost. For that they will be willing to go all the way - including changing technology , buying into marketing BS or spending millions of dollars.
Also if the american market dies is that going to be a very big deal ? not anymore .. the domestic market of both India and China is getting bigger everyday .. the fire has been lit and the horse has been left out of the stable .. its at a point of no return.
So brace for the change because the times are a changing...
can't believe lahiribaba you're still waiting with those PDs
You may argue to some extent that the complexity of your job will provide your protection but the fact is management is always scared off complex functions that require expensive resources (i.e human beings) .. management will always want to break down your job to lowest common denominator so that it can be shipped or done at lower cost. For that they will be willing to go all the way - including changing technology , buying into marketing BS or spending millions of dollars.
Also if the american market dies is that going to be a very big deal ? not anymore .. the domestic market of both India and China is getting bigger everyday .. the fire has been lit and the horse has been left out of the stable .. its at a point of no return.
So brace for the change because the times are a changing...
can't believe lahiribaba you're still waiting with those PDs
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vrichards
09-05 02:25 AM
It is very troubling to note that one persons identity was uncovered online because his political views and legitimate concerns about the crimes of YSR (Good riddance to him).
IV must delete all posts relating to the uncovering of this gentlemans identity. And ensure it never happens again. If this is not done, we will lose faith and trust in IV.
IV core needs to understand this.
IV must delete all posts relating to the uncovering of this gentlemans identity. And ensure it never happens again. If this is not done, we will lose faith and trust in IV.
IV core needs to understand this.
Imm_Exploited
07-25 12:22 AM
OLDMONK - sam_i02 - BLIB
Here is my $.02 (or maybe 200 cents)
I am here since 2001 and my family joined me in 2002. I came here at a fairly grown up age and the reason for coming here is mainly for a better life for my family. I don't make enough money to be able to send and invest in India. In fact I was sent money (more than $10K) a few times from back home.
But I do make enough money here to be able to live in a good house and have a couple of cars. In India I couldn't have dreamed of a second car (I did have a car in India) and it would have been impossible for my kids to have a car when they are 16. I know for sure I have secured the future of my kids better here in the US than what it could have been for them in India. We are educated people and we keep reading about the successes of the Ambani Borthers, Rahul Gandhi and others. Our family with average IQs and wealth can only read the news but can never have a chance to have a go and succeed like those BIG WIGS in India. Here in the US, we definitely have a chance, to become at least a millionaire before we retire. As for my kids, they could be rich at a much younger age.
My PD is Oct. 2003 EB2 India (filed everything in June 2007) and I have sustained the wait for 4 years and I am willing to take on the stress for may be one more year for my family by which time we all should have our GCs. Moving to Canada? - I would rather start my own consulting company in Canada and go there once in a while (preferably in the summer) to enjoy the weather and to take care of my business.
Sincerely - IE
Here is my $.02 (or maybe 200 cents)
I am here since 2001 and my family joined me in 2002. I came here at a fairly grown up age and the reason for coming here is mainly for a better life for my family. I don't make enough money to be able to send and invest in India. In fact I was sent money (more than $10K) a few times from back home.
But I do make enough money here to be able to live in a good house and have a couple of cars. In India I couldn't have dreamed of a second car (I did have a car in India) and it would have been impossible for my kids to have a car when they are 16. I know for sure I have secured the future of my kids better here in the US than what it could have been for them in India. We are educated people and we keep reading about the successes of the Ambani Borthers, Rahul Gandhi and others. Our family with average IQs and wealth can only read the news but can never have a chance to have a go and succeed like those BIG WIGS in India. Here in the US, we definitely have a chance, to become at least a millionaire before we retire. As for my kids, they could be rich at a much younger age.
My PD is Oct. 2003 EB2 India (filed everything in June 2007) and I have sustained the wait for 4 years and I am willing to take on the stress for may be one more year for my family by which time we all should have our GCs. Moving to Canada? - I would rather start my own consulting company in Canada and go there once in a while (preferably in the summer) to enjoy the weather and to take care of my business.
Sincerely - IE
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_TrueFacts
09-04 02:03 AM
Conformed you brain got damaged and you will die soon.
Will distribute sweets after you death
I am not his follower nor from his family. But you better watch out, if you are too much into him you might be one of the few people to die from his death grief.
As for your sweets, hold them until YSR’s Son is put to sleep.
And you ever again put a dirty personal mesg....comments will flow on your family and ...by the way your profile is not anonymous
Will distribute sweets after you death
I am not his follower nor from his family. But you better watch out, if you are too much into him you might be one of the few people to die from his death grief.
As for your sweets, hold them until YSR’s Son is put to sleep.
And you ever again put a dirty personal mesg....comments will flow on your family and ...by the way your profile is not anonymous
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abhijitp
02-13 01:23 AM
Per country limit applies to every country in exactly the same way. It doesn't discriminate between Chad or China. So, how is it discrimination? And think about it- in Olympics soccer/basketball every country can send only one team. Should China and India be allowed to send more teams since they have a larger population? We should try to increase the number of GCs.
Do not evade the question, is it okay to limit the number of gold medals per country to 7% of all? Talk about athletics or swimming, not soccer. Do you believe there are "too many" swimmers from Australia or the USA in every Olympics? It just does not seem right... the quota system kills competitive spirit.
As Logiclife said in his post, EB GC inherited country caps from Family Based GC program. They are inappropriate in an EB GC scenario, and should be removed, that's it!
Do not evade the question, is it okay to limit the number of gold medals per country to 7% of all? Talk about athletics or swimming, not soccer. Do you believe there are "too many" swimmers from Australia or the USA in every Olympics? It just does not seem right... the quota system kills competitive spirit.
As Logiclife said in his post, EB GC inherited country caps from Family Based GC program. They are inappropriate in an EB GC scenario, and should be removed, that's it!
tonyHK12
01-13 02:53 PM
Do you think some one would go to all this length of providing helpful posts and do all the drege work all to just convince you. Please do not think so high about yourselves. As i said before to scare you all i need to do is write one post and that is not my strength that is you guys weakness whcih is on display here.
You've got to be high or sick or both - go see a doctor. Right now you're just throwing trash around.
great so you're trying to incite arguments between members and calling people names. you just proved my point. well don't waste time making empty threats or inciting people on forums.
You can take your trash somewhere else.
If you had any ideas you should have talked to your IV state rep in the last 4 years, it doesn't matter what you post.
You've got to be high or sick or both - go see a doctor. Right now you're just throwing trash around.
great so you're trying to incite arguments between members and calling people names. you just proved my point. well don't waste time making empty threats or inciting people on forums.
You can take your trash somewhere else.
If you had any ideas you should have talked to your IV state rep in the last 4 years, it doesn't matter what you post.
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amitjoey
01-13 11:56 AM
Do not overanalyze any bill- All these bills are mere drafts until they come on floor for debate, and even after that they go thru amendments, rewriting, and the final bill comes out in most cases to be very different from the original. Even after the bill is passed in both houses, the committees that are responsible in reconciling the bill will tweak it and fine tune it.
This means that even good provisions can be deleted at any time during the debate, thru an amendment lobbied by the antis- if the EB Community is not vigilant.
To give you an insight: In Dec 2005, there was a line item in a bill that would have recaptured visas for EB applicants, the bill was passed � and at the last minute this provision was deleted.
IF you read through the provisions and the paper that IV created for lobby days in July 2010- Each one of the provisions and the underlying text that IV is asking for has been written with clear understanding of the issues EB applicants face- It is written in a way that if incorporated in any of the bills as an amendment- will give fair and balanced numbers to all categories -EB3, EB2.
So, regardless of which bill (Immigrant friendly) comes on the floor- IV will lobby to have this package included as an amendment. Or IV will lobby to get this inserted into the main bill.
So- Please, do not get worked up about EB3 vs EB2. OR India vs China vs World
The real work is to be vigilant about what bill has the chance to come on the floor and then lobby to get the amendments included.
There are bigger issues for our community- Not one immigrant friendly bill has come up for debate in the last 4 years (exception is the dream act). And here the IV Community is debating and fighting about provisions about one of 100 bills that might never see a chance on the floor.
The big battle is to advocate and lobby at grassroots to get a bill to come on the floor- persuade lawmakers to be cosponsors for a bill that will help us, and then when the bill is up for debate, we can talk about what we should include as amendments or insert in the main bill to make it fair for everybody.
This means that even good provisions can be deleted at any time during the debate, thru an amendment lobbied by the antis- if the EB Community is not vigilant.
To give you an insight: In Dec 2005, there was a line item in a bill that would have recaptured visas for EB applicants, the bill was passed � and at the last minute this provision was deleted.
IF you read through the provisions and the paper that IV created for lobby days in July 2010- Each one of the provisions and the underlying text that IV is asking for has been written with clear understanding of the issues EB applicants face- It is written in a way that if incorporated in any of the bills as an amendment- will give fair and balanced numbers to all categories -EB3, EB2.
So, regardless of which bill (Immigrant friendly) comes on the floor- IV will lobby to have this package included as an amendment. Or IV will lobby to get this inserted into the main bill.
So- Please, do not get worked up about EB3 vs EB2. OR India vs China vs World
The real work is to be vigilant about what bill has the chance to come on the floor and then lobby to get the amendments included.
There are bigger issues for our community- Not one immigrant friendly bill has come up for debate in the last 4 years (exception is the dream act). And here the IV Community is debating and fighting about provisions about one of 100 bills that might never see a chance on the floor.
The big battle is to advocate and lobby at grassroots to get a bill to come on the floor- persuade lawmakers to be cosponsors for a bill that will help us, and then when the bill is up for debate, we can talk about what we should include as amendments or insert in the main bill to make it fair for everybody.
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vivid_bharti
09-04 11:20 AM
If you and other who have problems with this thread, don't like this discussion than why do you guys bother to come on this thread, just ignore it....This is not contributing to anything. I dont think oposing parties in this discussion will ever come to an agreement so what is the purpose of carrying on. Please close this and lets concentrate on something else.
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hiralal
06-03 06:20 PM
Where does one contribute to said lawsuit? If someone is willing to lead the effort, I'm willing to contribute a little money.
no idea ..to quote the Indian ambassador ..we are running and discussing like headless chicken .. why can't we have several small simultaneous campaigns ?? I guess it is time to take a vacation and come back to the forum after few days
no idea ..to quote the Indian ambassador ..we are running and discussing like headless chicken .. why can't we have several small simultaneous campaigns ?? I guess it is time to take a vacation and come back to the forum after few days
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gc_on_demand
05-28 11:19 PM
Titanic has already hit the ice berg.. Lets see how far we can survive in given economy.
Didn't Nixtor ( From IV Core ) posted same or simmilar comment from Visa officer ( Again AC21 ) on Domor's Forum.
Only hope if any little ... is VISA RECAPTURE.
Didn't Nixtor ( From IV Core ) posted same or simmilar comment from Visa officer ( Again AC21 ) on Domor's Forum.
Only hope if any little ... is VISA RECAPTURE.
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justAnotherFile
06-28 08:10 PM
As per Macaca's logic, pre Oct 2005 PDs will take up all the numbers available for EB2 Indai for 2007, in June and July.
If that is the case why was the Bulletin for july not set to Oct or Nov 2005 and instead made current. Surely USCIS does not want to deal with all the extra workload if it does not have to.
If that is the case why was the Bulletin for july not set to Oct or Nov 2005 and instead made current. Surely USCIS does not want to deal with all the extra workload if it does not have to.
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gjoe
02-13 04:46 PM
I agree to a lot of your points - the community has to evolve and not be pushed. All I say is for those who talk the talk, if they walk the talk - they become a good example and the community will grow.
Please do not take this as criticism. I respect everyone's space - come on folks we can collectively do it - why do we want to resist unity? It does no damage to us but only helps us for whatever cause we want to achieve, otherwise we will always be under the radar of people like Lou Dobbs and his likes - just because we are not vocal.
I am sure, one day the community will rise :)
There is moment in history when everything starts falling in place, until then nothing will seem like working right.
But when we reach the critical mass you will see this thing take off, until then buckel up your seat belts and expect the tide to set in soon.
Please do not take this as criticism. I respect everyone's space - come on folks we can collectively do it - why do we want to resist unity? It does no damage to us but only helps us for whatever cause we want to achieve, otherwise we will always be under the radar of people like Lou Dobbs and his likes - just because we are not vocal.
I am sure, one day the community will rise :)
There is moment in history when everything starts falling in place, until then nothing will seem like working right.
But when we reach the critical mass you will see this thing take off, until then buckel up your seat belts and expect the tide to set in soon.
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Kushal
07-27 11:26 AM
If you are making millions with Amway, why are you sitting with a EB-3 PD ? Go for EB-5 :)
From Wiki "more than half of the distributors do not make any money, with the average distributor making less than $100 per month."
What has EB5 to do with amway?
Did I mention I'm making millions? Obviously on the way, but atleast I have something to fall back to if I loose my job. Do you?
From Wiki "more than half of the distributors do not make any money, with the average distributor making less than $100 per month."
What has EB5 to do with amway?
Did I mention I'm making millions? Obviously on the way, but atleast I have something to fall back to if I loose my job. Do you?
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imh1b
07-30 01:18 PM
Sounds like a fake story???? Or may be true. But is very very funny :D
Fake to you because you never had such a chance or courage in life. :D
But this dude is a hero.
This gives others a good idea. Instead of saying NO to Amway guys, people will start flirting with both the e-commerce idea and wife. The Amway guy will now have to decide between making money and his wife.
Fake to you because you never had such a chance or courage in life. :D
But this dude is a hero.
This gives others a good idea. Instead of saying NO to Amway guys, people will start flirting with both the e-commerce idea and wife. The Amway guy will now have to decide between making money and his wife.
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srikondoji
06-26 12:44 PM
hope so.
So regardless of what August bulletin says, USCIS can just, on a whim stop accepting 485 petitions in Mid July just because they have received "Too many" and the mail room clerk is tired ? I dont know but it really does not sound like something USCIS can do on a whim without publishing a change in the rule first.
So regardless of what August bulletin says, USCIS can just, on a whim stop accepting 485 petitions in Mid July just because they have received "Too many" and the mail room clerk is tired ? I dont know but it really does not sound like something USCIS can do on a whim without publishing a change in the rule first.
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dhirajs98
08-28 09:00 AM
Our frustration with the US legal immigration and retrogression seems endless. My wife and I are considering immigration prospects to Canada. Can somebody please suggest good responsive lawfirms that could handle a Canadian PR application? We would also appreciate some insight on Canadian immigration prospects for physicians. Thanks
I did on my own. Its a time taking process but you can do it on your own. But if you can spend couple of thousand dollars for convenience then there are alot of law firms availble on internet. Just type in canada immigration lawfirm. You will find what you need.
Good Luck!
I did on my own. Its a time taking process but you can do it on your own. But if you can spend couple of thousand dollars for convenience then there are alot of law firms availble on internet. Just type in canada immigration lawfirm. You will find what you need.
Good Luck!
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sledge_hammer
02-04 10:30 AM
:(
http://www.murthy.com/nflash/nf_020207.html
There is already a thread that addresses this issue -
http://immigrationvoice.org/forum/showthread.php?t=3073
http://www.murthy.com/nflash/nf_020207.html
There is already a thread that addresses this issue -
http://immigrationvoice.org/forum/showthread.php?t=3073
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pappu
07-03 01:05 PM
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snathan
01-21 06:27 PM
I got the below email from multiple friends. I don't know what is the source, who wrote this analysis because there is no links. I did NOT mean to spread the fear. Just sharing the contents unaltered.
------------------------------------------------------------------------------------------
However, this is how many could read RECENT (Jan 8, 2010) actions / announcement by USCIS towards Consulting companies, which engages or merely places their employees at the client sites for various projects.
� No new H1B application will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� No new H1B extension/stamping will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� If an employee has H1B approved or extension approved, and if he/she comes back to US from a vacation or from an emergency, he/she would be deported back to his/her home country from the Port of Entry (PoE) � for 3rd Party Consulting company.
Why?
Because of 2 recent events:
1) USCIS gave new memorandum (which is now guidelines for USCIS professionals working on the H1B petitions/extensions) on Jan 08th, 2010. (Attached the PDF file for the memorandum).
2) Recently (Jan 2010) several H1B Employees were sent back (in some forum, its mentioned � all of them) to their home country from Newark, NJ and JFK, NY Port of Entry � these were the H1B employees, who went to spend Christmas/New Year vacation to their home countries.
What does the memorandum mention, specifically, about 3rd Party Consulting companies?
Link to the memorandum (PDF attached) � http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
Employer-Employee Relationship:
As per the memorandum, some previous H1B Law defines, the definition of an �US Employer�. Somewhere in that definition (Page 2 of memo), it mentions the word �Employer-Employee relationship�. Till now, it seems that there was no clear guidance on what kind of relationship was considered having Employer-Employee relationship. So, it was being, probably, interpreted independently or ambiguously. Now, on Jan 8th, 2010, USCIS has published this memorandum for TRAINING USCIS OFFICIALS about understanding, Employer-Employee relationship. The memorandum seems to have been prepared with a clear understanding about it, along with the specific EXAMPLES.
Memorandum has given few specific examples, which would QUALIFY for having Employer-Employee relationship, on Page 4-5 of the Memo � including the nature of the job/business. On Page 5-6, memorandum gives few specific examples, which would NOT QUALIFY for having Employer-Employee relationship. Third Party Placement / �Job-Shop� (better version of �Body-shop�, probably) is NOT QUALIFIED for meeting Employer-Employee Relationships � meaning, 3rd Party placement (which most of the small consulting companies do) doesn�t meet H1B requirement, as defined by the law � meaning for this job, the new H1B or Extension or Stamping petitions CANNOT be approved!! Period !!
This is how memorandum has identified 3rd Party Placements and in Bold letters, why it disqualifies for the H1B petitions (comments are in Red):
�The petitioner is a computer consulting company (which is what all small consulting do). The petitioner has contract with numerous outside companies in which it supplies these companies with employee to fulfill specific staffing needs. The specific positions are not outlined in the contract between the petitioner and the third-party company but are staffed on an as-needed basis (this is nothing but, Service Agreement between the petitioner and the mid-vendor!). The beneficiary is a computer analyst (which is what many small consulting company�s employee are). The beneficiary has been assigned to work for the third-party company to fill a core position to maintain the third-party company�s payroll (this nothing but, Mid-Vendor�s or so-called Prime-Vendor�s or Consulting Partner�s Revenue). Once placed at the client company, the beneficiary reports to a manager who works for the third-party company (as it happens, when Consulting partner hires employee as a contractor). The beneficiary does not report to the petitioner for work assignments, and all work assignments are determined by the third-party company (petitioner just runs pay-rolls!). The petitioner does not control how the beneficiary will complete daily tasks, and no propriety information of the petitioner is used by the beneficiary to complete any work assignments (petitioner just runs pay-rolls!). The beneficiary�s end-product, the payroll (payroll of mid-vendor/prime vendor/consulting partner), is not in any way related to the petitioner�s line of business, which is computer consulting. The beneficiary�s progress reviews are completed by the client company, not the petitioner (petitioner just runs pay-rolls!). [Petitioner Has No Right to Control; No Exercise of Control].�
Right to Control:
Supreme Court has stated the definition of Employer-Employee Relationship (Page 3 of Memo), and there it was mentioned to have �Right to Control� over the work of the employee by the employer. From the entire memo, it sounds that Right control is well-established, ONLY WHEN, at least one supervisor from the petitioner�s company works with the beneficiary at the end-client site, and supervises beneficiary�s day-to-day work. So, big Consulting companies such as Wipro, Infosys, Accenture, Deloitte etc. will be good, as they would meet �Right to Control� and that way, they will satisfy H1B requirement by law, and their petitions for similar 3rd party consulting work, will be APPROVED, but not in case of, small consulting companies!! This is because, big consulting companies such as Accenture � have their entire or partial team � along with managers etc. � working at the same client site, where the beneficiary would be working, so they could supervise their work and so exercise control over their work etc., but that cannot be the case with the small consulting � because, their actual business has been, so far, to place employees and run pay-roll � not to get the client projects!
Why one could think that there are slim chances for this memorandum to get reversed in favor of small consulting companies?
This memorandum took care of big consulting companies such as Wipro, Infosys, Cognizant, Accenture etc. � meaning, these companies and their employees are NOT impacted. They can travel freely to-and-fro their home country etc. Since, big companies are not impacted, there will not be any big lobbying or oppositions to this memorandum, per say!! There don�t seem to be a platform for small consulting companies to gather and lobby, plus most the small consulting may not get involved, with fear of exposing themselves more to other issues!! So, it might be east to assume that this memorandum is permanent and not temporary. The recent deportation also indicates that the changes like this memorandum is for serious, not just the warning!
How this memorandum relates to the recent deportation events from NY and NJ airports?
There seems to be an anticipated link between these 2 events � Memorandum and recent Deportations � kind of an indication about the current level of government scrutiny and seriousness of the H1B program. Hence, there have been advices by others that � each employer and employee should operate by strictly following the H1B program requirements.
Link to Murthy.com front page posting about this � MurthyDotCom : NewsFlash! Note to H1Bs Traveling to U.S., Working for Consulting Companies (http://www.murthy.com/nflash/nf_h1conc.html)
What one could predict as happening sooner (trend)?
� Since, it seems big consulting companies (having their own consulting projects)/full-time end-clients and their beneficiaries are not impacted with these changes � there could be trend � employee moving from small companies to big companies for a better shelter for full-time positions � especially, when small consulting company�s immediate preventions / actions to this memo cannot ensure safety.
� Big consulting companies could buy small consulting companies or small consulting companies could sell their companies to big consulting companies (having their own consulting projects), to save their employee�s future/transition etc.
Good Luck my Friends....!!
Everyone knows what the impact would be...no one coming up with the solutions or ready to fight.
------------------------------------------------------------------------------------------
However, this is how many could read RECENT (Jan 8, 2010) actions / announcement by USCIS towards Consulting companies, which engages or merely places their employees at the client sites for various projects.
� No new H1B application will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� No new H1B extension/stamping will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� If an employee has H1B approved or extension approved, and if he/she comes back to US from a vacation or from an emergency, he/she would be deported back to his/her home country from the Port of Entry (PoE) � for 3rd Party Consulting company.
Why?
Because of 2 recent events:
1) USCIS gave new memorandum (which is now guidelines for USCIS professionals working on the H1B petitions/extensions) on Jan 08th, 2010. (Attached the PDF file for the memorandum).
2) Recently (Jan 2010) several H1B Employees were sent back (in some forum, its mentioned � all of them) to their home country from Newark, NJ and JFK, NY Port of Entry � these were the H1B employees, who went to spend Christmas/New Year vacation to their home countries.
What does the memorandum mention, specifically, about 3rd Party Consulting companies?
Link to the memorandum (PDF attached) � http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
Employer-Employee Relationship:
As per the memorandum, some previous H1B Law defines, the definition of an �US Employer�. Somewhere in that definition (Page 2 of memo), it mentions the word �Employer-Employee relationship�. Till now, it seems that there was no clear guidance on what kind of relationship was considered having Employer-Employee relationship. So, it was being, probably, interpreted independently or ambiguously. Now, on Jan 8th, 2010, USCIS has published this memorandum for TRAINING USCIS OFFICIALS about understanding, Employer-Employee relationship. The memorandum seems to have been prepared with a clear understanding about it, along with the specific EXAMPLES.
Memorandum has given few specific examples, which would QUALIFY for having Employer-Employee relationship, on Page 4-5 of the Memo � including the nature of the job/business. On Page 5-6, memorandum gives few specific examples, which would NOT QUALIFY for having Employer-Employee relationship. Third Party Placement / �Job-Shop� (better version of �Body-shop�, probably) is NOT QUALIFIED for meeting Employer-Employee Relationships � meaning, 3rd Party placement (which most of the small consulting companies do) doesn�t meet H1B requirement, as defined by the law � meaning for this job, the new H1B or Extension or Stamping petitions CANNOT be approved!! Period !!
This is how memorandum has identified 3rd Party Placements and in Bold letters, why it disqualifies for the H1B petitions (comments are in Red):
�The petitioner is a computer consulting company (which is what all small consulting do). The petitioner has contract with numerous outside companies in which it supplies these companies with employee to fulfill specific staffing needs. The specific positions are not outlined in the contract between the petitioner and the third-party company but are staffed on an as-needed basis (this is nothing but, Service Agreement between the petitioner and the mid-vendor!). The beneficiary is a computer analyst (which is what many small consulting company�s employee are). The beneficiary has been assigned to work for the third-party company to fill a core position to maintain the third-party company�s payroll (this nothing but, Mid-Vendor�s or so-called Prime-Vendor�s or Consulting Partner�s Revenue). Once placed at the client company, the beneficiary reports to a manager who works for the third-party company (as it happens, when Consulting partner hires employee as a contractor). The beneficiary does not report to the petitioner for work assignments, and all work assignments are determined by the third-party company (petitioner just runs pay-rolls!). The petitioner does not control how the beneficiary will complete daily tasks, and no propriety information of the petitioner is used by the beneficiary to complete any work assignments (petitioner just runs pay-rolls!). The beneficiary�s end-product, the payroll (payroll of mid-vendor/prime vendor/consulting partner), is not in any way related to the petitioner�s line of business, which is computer consulting. The beneficiary�s progress reviews are completed by the client company, not the petitioner (petitioner just runs pay-rolls!). [Petitioner Has No Right to Control; No Exercise of Control].�
Right to Control:
Supreme Court has stated the definition of Employer-Employee Relationship (Page 3 of Memo), and there it was mentioned to have �Right to Control� over the work of the employee by the employer. From the entire memo, it sounds that Right control is well-established, ONLY WHEN, at least one supervisor from the petitioner�s company works with the beneficiary at the end-client site, and supervises beneficiary�s day-to-day work. So, big Consulting companies such as Wipro, Infosys, Accenture, Deloitte etc. will be good, as they would meet �Right to Control� and that way, they will satisfy H1B requirement by law, and their petitions for similar 3rd party consulting work, will be APPROVED, but not in case of, small consulting companies!! This is because, big consulting companies such as Accenture � have their entire or partial team � along with managers etc. � working at the same client site, where the beneficiary would be working, so they could supervise their work and so exercise control over their work etc., but that cannot be the case with the small consulting � because, their actual business has been, so far, to place employees and run pay-roll � not to get the client projects!
Why one could think that there are slim chances for this memorandum to get reversed in favor of small consulting companies?
This memorandum took care of big consulting companies such as Wipro, Infosys, Cognizant, Accenture etc. � meaning, these companies and their employees are NOT impacted. They can travel freely to-and-fro their home country etc. Since, big companies are not impacted, there will not be any big lobbying or oppositions to this memorandum, per say!! There don�t seem to be a platform for small consulting companies to gather and lobby, plus most the small consulting may not get involved, with fear of exposing themselves more to other issues!! So, it might be east to assume that this memorandum is permanent and not temporary. The recent deportation also indicates that the changes like this memorandum is for serious, not just the warning!
How this memorandum relates to the recent deportation events from NY and NJ airports?
There seems to be an anticipated link between these 2 events � Memorandum and recent Deportations � kind of an indication about the current level of government scrutiny and seriousness of the H1B program. Hence, there have been advices by others that � each employer and employee should operate by strictly following the H1B program requirements.
Link to Murthy.com front page posting about this � MurthyDotCom : NewsFlash! Note to H1Bs Traveling to U.S., Working for Consulting Companies (http://www.murthy.com/nflash/nf_h1conc.html)
What one could predict as happening sooner (trend)?
� Since, it seems big consulting companies (having their own consulting projects)/full-time end-clients and their beneficiaries are not impacted with these changes � there could be trend � employee moving from small companies to big companies for a better shelter for full-time positions � especially, when small consulting company�s immediate preventions / actions to this memo cannot ensure safety.
� Big consulting companies could buy small consulting companies or small consulting companies could sell their companies to big consulting companies (having their own consulting projects), to save their employee�s future/transition etc.
Good Luck my Friends....!!
Everyone knows what the impact would be...no one coming up with the solutions or ready to fight.
rp1975
07-16 02:45 PM
This is a question for the attorny.
Dear Sir/Madam,
Firstly I would like to thank you for providing answer to our questions on this forum.
My current status:
PD March 2004
EB3 India
Approved 140
485 Pending (Applied July 2007)
Question:
1. Can I switch my EB category from EB3 to EB2, and maintain my original PD? If yes, what are the steps required if,
a. I continue to work for the same employer that filed my labor certification, assuming my collective experience qualifies for EB2
b. I invoke AC21 and take a new job which satisfies AC21 requirements, assuming the new job has the same duties but is a senior level position which also qualifies for EB2
Regards,
rp1975
Dear Sir/Madam,
Firstly I would like to thank you for providing answer to our questions on this forum.
My current status:
PD March 2004
EB3 India
Approved 140
485 Pending (Applied July 2007)
Question:
1. Can I switch my EB category from EB3 to EB2, and maintain my original PD? If yes, what are the steps required if,
a. I continue to work for the same employer that filed my labor certification, assuming my collective experience qualifies for EB2
b. I invoke AC21 and take a new job which satisfies AC21 requirements, assuming the new job has the same duties but is a senior level position which also qualifies for EB2
Regards,
rp1975
chintu25
02-13 10:14 AM
I agree with some senior members when they say that no one individual will come forward for the lawsuit . And I ask why should they ??
And I think, even if one single or 2-3 people do come forward it will not be possible.
This is the reason we have forums like our IV so that all can come together and take a decisive step together .
Who can stop IV to file a lawsuit USCIS ? NO ONE
Many members went on blabbering about how long the process is and how expensive it is ... REMINDER if we can come together and collect upwards of 35k FOR "Lobbying Efforts" we can definitely collect funds for a lawsuit.
Some one here rightly said ...If we are retrogessed and there is a queue ..Is it because of you or me NO it is due to the inefficiency of the USCIS.
NO ROAD IS EASY IN THIS BATTLE..... AND ALL OPTIONS SHOULD BE EXPLORED
Again , I want to reiterate , I think if IV core takes lead...hires a good attorney ....we will have funds for it....we have proved it in the past that IVians can contribute
And I think, even if one single or 2-3 people do come forward it will not be possible.
This is the reason we have forums like our IV so that all can come together and take a decisive step together .
Who can stop IV to file a lawsuit USCIS ? NO ONE
Many members went on blabbering about how long the process is and how expensive it is ... REMINDER if we can come together and collect upwards of 35k FOR "Lobbying Efforts" we can definitely collect funds for a lawsuit.
Some one here rightly said ...If we are retrogessed and there is a queue ..Is it because of you or me NO it is due to the inefficiency of the USCIS.
NO ROAD IS EASY IN THIS BATTLE..... AND ALL OPTIONS SHOULD BE EXPLORED
Again , I want to reiterate , I think if IV core takes lead...hires a good attorney ....we will have funds for it....we have proved it in the past that IVians can contribute
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