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santb1975
02-12 10:56 PM
How about everyone who came up with this idea on this thread. Why should IV core or murthy or someone do this ?
wallpaper I#39;ll be missing youfriends
immigration_indian
07-04 01:43 AM
I sent it to CNN I REPORT
Thanks
Thanks
grupak
02-13 03:05 PM
Besides that, immigration is a privilege not a right, so if the US wants diversity and limit per country immigration, it is their right to do so. Before you start being shocked by this, I am NOT saying I do not understand your frustration and the feeling you discriminated against, but rights are rights and we knew that before we started the process. If we can improve it great, if we can't we will just have to deal with it realisticly.
take care
Everybody agrees that GC is a benefit that can come from employment, it is not an entitlement. However, we do not have to except the current situation as fate. Making the process better is what IV is about. And yes, there is no guarantee that things work out exactly as IV plans.
take care
Everybody agrees that GC is a benefit that can come from employment, it is not an entitlement. However, we do not have to except the current situation as fate. Making the process better is what IV is about. And yes, there is no guarantee that things work out exactly as IV plans.
2011 sweetheart you know i always
Marphad
04-20 02:08 PM
GCKaMaara is right, different people operate at different IQ level.
When there is so much of repeated junk in this thread from the people who think they are political strategist, then what's wrong in posting a fun youtube video twice?
.
I can only laugh at you(r post).
When there is so much of repeated junk in this thread from the people who think they are political strategist, then what's wrong in posting a fun youtube video twice?
.
I can only laugh at you(r post).
more...
gsc999
09-30 12:21 PM
I have done a lot of research on this :::
A good option is if you try and get a job in Detroit, MI. You can then live across the border in Windsor, ON and commute daily between Canada and US.Windsor is basically suburb of Detroit right across from Detroit river ex like Mumbai and Navi Mumbai, Hyderabad and Secundrabad etc.
This way you get best of both worlds
1) You keep H1B visa and US GC going.
2) You earn in US $ and can avail of US job opportunity.
3) You can earn time towards maintaining Canadian PR and Canadian Citizenship.
Disadvantage
1) This option is limited to getting a job/transfer in Detroit Metro area.
2) Some days there may be delay at border if US is on high alert, so you need to be conservative and add time for border inspection to your commute.
3) You have to file taxes in both US and Canada (but its not double taxes).
---
Thanks for the good info. But there is some talk of implementing passports for travel between Canada and US for security reasons. This parameter should be part of the SWOT analysis also. See below for the excerpt of actual news story:
Canadians shouldn't get too excited by Congress's decision to push back the Jan. 1, 2008, deadline requiring passports for all travellers entering the United States, Washington's top passport official warns.
The new deadline of June 1, 2009, passed yesterday, is only the last possible date to implement the controversial plan, according to Frank Moss, the deputy assistant secretary for passport services in the U.S. State Department. And it could be, in fact, "significantly earlier."
"The sooner it is done the better in terms of travel security," he said. "Don't think 'Oh, 17 months delay. I don't have to do anything about this.' Nothing's changing. It could very well be sooner than that and it will certainly change much sooner than that in terms of air travel to the United States."
A good option is if you try and get a job in Detroit, MI. You can then live across the border in Windsor, ON and commute daily between Canada and US.Windsor is basically suburb of Detroit right across from Detroit river ex like Mumbai and Navi Mumbai, Hyderabad and Secundrabad etc.
This way you get best of both worlds
1) You keep H1B visa and US GC going.
2) You earn in US $ and can avail of US job opportunity.
3) You can earn time towards maintaining Canadian PR and Canadian Citizenship.
Disadvantage
1) This option is limited to getting a job/transfer in Detroit Metro area.
2) Some days there may be delay at border if US is on high alert, so you need to be conservative and add time for border inspection to your commute.
3) You have to file taxes in both US and Canada (but its not double taxes).
---
Thanks for the good info. But there is some talk of implementing passports for travel between Canada and US for security reasons. This parameter should be part of the SWOT analysis also. See below for the excerpt of actual news story:
Canadians shouldn't get too excited by Congress's decision to push back the Jan. 1, 2008, deadline requiring passports for all travellers entering the United States, Washington's top passport official warns.
The new deadline of June 1, 2009, passed yesterday, is only the last possible date to implement the controversial plan, according to Frank Moss, the deputy assistant secretary for passport services in the U.S. State Department. And it could be, in fact, "significantly earlier."
"The sooner it is done the better in terms of travel security," he said. "Don't think 'Oh, 17 months delay. I don't have to do anything about this.' Nothing's changing. It could very well be sooner than that and it will certainly change much sooner than that in terms of air travel to the United States."
rbalaji5
03-30 02:29 PM
Do some research on Nuclear deal and see what it will bring to India in the next couple of decades. And tell me what Mr.Advani brought us when they were in power.
We need food and shelter to sleep than Nuclear Deal I like your Future prediction of Nuclear deal.!!. (obviously, we are hungry and looking for food and place to sleep :)
Letz change the Govt and see what will they do in future. (We did n't see anything big with Congress for the past 4 decades -
We need food and shelter to sleep than Nuclear Deal I like your Future prediction of Nuclear deal.!!. (obviously, we are hungry and looking for food and place to sleep :)
Letz change the Govt and see what will they do in future. (We did n't see anything big with Congress for the past 4 decades -
more...
Canuck
02-14 01:03 PM
Galvez v. Howerton 503 F. Supp. 35, 39 (C.D. Cal. 1980)
http://boards.immigrationportal.com/showpost.php?p=1838094&postcount=14843
"IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' [**14] Motion for Summary Judgment is denied. The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments"
Good, then a precedent has been set that the lawyers can use. Perhaps Rajiv Khanna's underlings and paralegals did not do their research properly.
I'm also wondering whether a charge can be filed in the same lawsuit for the per country limit as one of racial discrimination, or whether it would have to be a separate lawsuit.
http://boards.immigrationportal.com/showpost.php?p=1838094&postcount=14843
"IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' [**14] Motion for Summary Judgment is denied. The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments"
Good, then a precedent has been set that the lawyers can use. Perhaps Rajiv Khanna's underlings and paralegals did not do their research properly.
I'm also wondering whether a charge can be filed in the same lawsuit for the per country limit as one of racial discrimination, or whether it would have to be a separate lawsuit.
2010 wallpaper missing you friend
jelo
05-11 07:10 PM
buddy,
I'm already in my beloved place and with your contribution and help to Immigration Voice, I can see the light at the end of the tunnel. Thanks for the help.
Remember, you are doing this to potentially ditch India and to change your nationality and are going to take oath
"I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same..............."
Looks like my posting hit the nerve hard, i see it from your response.
Good Luck
Dude
you are such a contradicting personality. If I take the above oath, at least I will be loyal to the country of my citizenship. somebody washed your brain with too much of what it is not in reality. You have to put your country before your race, color, ethnicity and religion. That is what I learnt as definition for citizenship. I have very good tamil friends and even showed your statement. I am glad that they just hate your personality and you are an atypical Indian tamil.
I'm already in my beloved place and with your contribution and help to Immigration Voice, I can see the light at the end of the tunnel. Thanks for the help.
Remember, you are doing this to potentially ditch India and to change your nationality and are going to take oath
"I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same..............."
Looks like my posting hit the nerve hard, i see it from your response.
Good Luck
Dude
you are such a contradicting personality. If I take the above oath, at least I will be loyal to the country of my citizenship. somebody washed your brain with too much of what it is not in reality. You have to put your country before your race, color, ethnicity and religion. That is what I learnt as definition for citizenship. I have very good tamil friends and even showed your statement. I am glad that they just hate your personality and you are an atypical Indian tamil.
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sanju
09-23 11:07 AM
Emailed everyone on the list. Great Draft. Now calling my wife to send the emails. Later I will email my friends to send out the same communication. Great work Nixstor!
hair daily and still miss you.
cthd
07-30 01:56 AM
Everytime I visit walmart @ mountain view, can find a guy asking direction to nearest Home Depot. Everytime i come across him, he asks me the same question.
I am planning to carry google maps print out next time I go there.
I am planning to carry google maps print out next time I go there.
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Lasantha
12-14 03:45 PM
Good summary but let me also add the observation that eliminating the per country quota alone will not bring the desired benefit unless the following are also implemneted
1) Increase of the total EB quota
2) Exclude dependents from the quota
3) Re-capture unused visas from past years.
To summarize the discussions on this thread:
Yes, it is 7 % for all countries.
Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.
The real question, as raised in the first post of the thread by soljabhai is:
(A) Is that constitutional?
(B) (And this is the real question): If it is, what should we do about it?
Intelligent questions, both.
The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
For (B), (which is what the thread is really all about), there are lively discussions with differing views.
lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).
Anyway, agree or disagree, its an interesting thread with interesting posts..
1) Increase of the total EB quota
2) Exclude dependents from the quota
3) Re-capture unused visas from past years.
To summarize the discussions on this thread:
Yes, it is 7 % for all countries.
Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.
The real question, as raised in the first post of the thread by soljabhai is:
(A) Is that constitutional?
(B) (And this is the real question): If it is, what should we do about it?
Intelligent questions, both.
The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
For (B), (which is what the thread is really all about), there are lively discussions with differing views.
lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).
Anyway, agree or disagree, its an interesting thread with interesting posts..
hot Miss you Scraps and Graphics
nandakumar
07-21 12:30 PM
I too live in Bay area and have been stalked by lot of Amway/quickstar folks, even couple of my friends tried all their tricks to make us Amway members, after repeated refusals they say that we are losers but in fact they are the losers, losing friends day by day.
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Picasa
07-27 03:05 PM
Zimbabwean dollars.:D:D:D
With your attitude, you will not even become millionaire in Zimbabwean dollars.:D:D:D
With your attitude, you will not even become millionaire in Zimbabwean dollars.:D:D:D
tattoo Missing You Best Friend,
Macaca
01-16 10:53 AM
Wonder what is being achieved from these "lively" debates other than feeding the other side with enough ammo to decimate all of us.
The funny part is 80-90% is complete garbage.
As one example, my physician aunt while moonlighting (contracting) met another moonlighter (through staffing company) who was paid 100/hour less then her and put in a cheaper hotel/room. And this is 25 years back when there were very few Indians, forget Indian staffing companies.
Will the memo stop company from keeping unknown %? Will the memo stop layers of companies sucking an employee contract?
One truth: Indian employers mistreat their employees. But this is well documented (http://immigrationvoice.org/forum/forum89-news-articles-and-reports/776770-the-yanks-are-coming-5.html#post1141683) and across the board.
I have no problem with any individual but I hate my ex employer and their class (in no uncertain terms).
I was earning for them, but he and his wife used to behave like big boss to me.Why I shed no tears for them.
You have a choice: Don't join them. It doesn't require a USCIS memo.
USCIS and scumbags (Hira, Matloff, ...) have absolutely no interest in the welfare of these affected H-1Bs. Their motivation is 100% sadistic.
The funny part is 80-90% is complete garbage.
As one example, my physician aunt while moonlighting (contracting) met another moonlighter (through staffing company) who was paid 100/hour less then her and put in a cheaper hotel/room. And this is 25 years back when there were very few Indians, forget Indian staffing companies.
Will the memo stop company from keeping unknown %? Will the memo stop layers of companies sucking an employee contract?
One truth: Indian employers mistreat their employees. But this is well documented (http://immigrationvoice.org/forum/forum89-news-articles-and-reports/776770-the-yanks-are-coming-5.html#post1141683) and across the board.
I have no problem with any individual but I hate my ex employer and their class (in no uncertain terms).
I was earning for them, but he and his wife used to behave like big boss to me.Why I shed no tears for them.
You have a choice: Don't join them. It doesn't require a USCIS memo.
USCIS and scumbags (Hira, Matloff, ...) have absolutely no interest in the welfare of these affected H-1Bs. Their motivation is 100% sadistic.
more...
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poorslumdog
08-19 12:22 AM
Originally Posted by vinzen
sorry, I love preaching.
by the way I was referring to "the guy who thinks americans think he is a slumdog...." not you or everyone. But then again you think that I think that you lead a life lower than average. If you think you agreed with me, instead of calling it obvious being defensive and, just agree with me. OK? And get that chip off your shoulder as well.
well i think we have solved all our immigration issues, i waish if we all concetrate our efforts on solving our issue, if we all try we have chances of succeeding ...if am surprised that we all are stuck in backlog and only 2-3 % take participate in real issues...not sure what is rest of us waiting for?
I am sure both the ids are same person...:D
sorry, I love preaching.
by the way I was referring to "the guy who thinks americans think he is a slumdog...." not you or everyone. But then again you think that I think that you lead a life lower than average. If you think you agreed with me, instead of calling it obvious being defensive and, just agree with me. OK? And get that chip off your shoulder as well.
well i think we have solved all our immigration issues, i waish if we all concetrate our efforts on solving our issue, if we all try we have chances of succeeding ...if am surprised that we all are stuck in backlog and only 2-3 % take participate in real issues...not sure what is rest of us waiting for?
I am sure both the ids are same person...:D
dresses missing
STAmisha
10-03 10:28 PM
1. You need to submit original transcripts and notarised copies of degree certs
2. I requseted my current employer to give it. I quoted that I need them for applying to university
3. I did my pictures from wolf camera. I took the photo instructions to them. They made exactly like that.
I just got my PR approved and I got my passports back with visas.
2. I requseted my current employer to give it. I quoted that I need them for applying to university
3. I did my pictures from wolf camera. I took the photo instructions to them. They made exactly like that.
I just got my PR approved and I got my passports back with visas.
more...
makeup Missing You Card 2
sri1309
10-30 06:52 AM
instead of dividing those who have house and those who will buy if they get gc ..we should focus on more visas and faster approvals (maybe temporary green cards !!) ..no need for more divisions ..there will be congress session for second stimulus bill ..IS THERE any chance that we can push for recapture by telling the congress that 200K highly skilled immigrants are waiting for GC and after that most likely they will buy a house ???? (give a rough figure ..no one will verify the exact number) please think about this !!! lets have another campaign as soon as possible
-------------
WASHINGTON (Reuters) - U.S. state leaders, trade groups and economists descended on the House of Representatives on Wednesday to help work out a second economic stimulus bill that one influential Congressional member said would be introduced on November 17.
Representative Jim Oberstar, the Minnesota Democrat who chairs the House Transportation and Infrastructure Committee, told a hearing on jump-starting the stalled economy that Congressional staff would be meeting throughout the month and a stimulus bill would be introduced when Congress reconvenes next month.
Time to push it.. 200K will buy houses is quite believable given the points that we have monies to do it, and given the market. We need a campaign. Also once the new President wins, never forget to congratulate him and at the same time request help.
-------------
WASHINGTON (Reuters) - U.S. state leaders, trade groups and economists descended on the House of Representatives on Wednesday to help work out a second economic stimulus bill that one influential Congressional member said would be introduced on November 17.
Representative Jim Oberstar, the Minnesota Democrat who chairs the House Transportation and Infrastructure Committee, told a hearing on jump-starting the stalled economy that Congressional staff would be meeting throughout the month and a stimulus bill would be introduced when Congress reconvenes next month.
Time to push it.. 200K will buy houses is quite believable given the points that we have monies to do it, and given the market. We need a campaign. Also once the new President wins, never forget to congratulate him and at the same time request help.
girlfriend Missing You My Friend
radhay
05-29 11:25 AM
60K EB2-I and 60K EB3-I pending so far. Does this mean Eb2 and EB3 dates will move together from now on for India?
hairstyles Im missing you my friends.
jsb
06-05 03:49 PM
I guess many have mentioned this before.
Diversity should not be based on "country" as well. For example I can easily say that "India" has to be considered as "20 different countries", if it divided based on diversity. And probably many of the europian countries combined should be "1 country".
Means if the diversity quota is 100 per year, to call for proper diversity.....
2000 for India...
100 for many of the european countries combined....
(Note: I didn't mean "ALL of europe", I know that whole Europe is pretty diverse as well...)
Country based "diversity" doesn't make sense at all.
We are not discussing justifications of US laws. We are trying to find ways within the existing laws, for speeding up our cases.
Diversity should not be based on "country" as well. For example I can easily say that "India" has to be considered as "20 different countries", if it divided based on diversity. And probably many of the europian countries combined should be "1 country".
Means if the diversity quota is 100 per year, to call for proper diversity.....
2000 for India...
100 for many of the european countries combined....
(Note: I didn't mean "ALL of europe", I know that whole Europe is pretty diverse as well...)
Country based "diversity" doesn't make sense at all.
We are not discussing justifications of US laws. We are trying to find ways within the existing laws, for speeding up our cases.
poorslumdog
05-03 01:23 AM
:D:D:D
This reminds me a hilarious movie Burn After Reading!
I am almost rolling on the floor here...
Should I say who supports Prabhakaran here are LTTE or LTTE sponsored ? I don't think so:D:D
You are the only one talking about LTTE or prabaharan. No one cares. Others are talking about civilian..do u know the meaning for that.
This reminds me a hilarious movie Burn After Reading!
I am almost rolling on the floor here...
Should I say who supports Prabhakaran here are LTTE or LTTE sponsored ? I don't think so:D:D
You are the only one talking about LTTE or prabaharan. No one cares. Others are talking about civilian..do u know the meaning for that.
Rb_newsletter
01-21 06:15 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....!!
------------------------------------------------------------------------------------------
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....!!
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