sodh
03-18 03:39 PM
Can somebody delete the threads where there is a question of sub. labor, I thought we are an organisation trying to reduce the backlog and not to advice how to increase it .
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vdlrao
09-17 02:18 PM
Hi VDLRAO,
Couple of months back you were very optimistic about EB2 I will be current soon, what were the things influencing your thoughts.
Do you think EB2 I, will not be crossing 2005 by September 2010 ?
By september 2010 EB2 India will surely enters into 2006.
Couple of months back you were very optimistic about EB2 I will be current soon, what were the things influencing your thoughts.
Do you think EB2 I, will not be crossing 2005 by September 2010 ?
By september 2010 EB2 India will surely enters into 2006.
saimrathi
07-11 11:33 AM
Very well written...
The criticisms of this website are LAUGHABLE. The Economist's quality of life index has rated Canada and Australia the top countries on earth to live in, overwhelming, year after year after year after year!
Vancouver, Calgary, Toronto, Melbourne, Sydney and Perth consistently dominate the top 10 cities in the world to live. 6 of th top 10?
The index takes into account, cost of living, earnings capacity, safety, etc.
Canada probably has one of the most rosey futures on earth. It has an abundance of resources, a tiny population and ironically, global warming is adding to its opportunities.
Cost of living is actually far below that in places like NY and California.
Health care, while not top notch, provides better care to more people than is likely to be found in places like the US. PARTICULARLY for people that are older and more likely to need it.
Education is infinitely better. US Public schools are atrocious.
Yes, taxes are higher. How do you think these things are paid for?
As for the weather, well duh! :)
Anyway, both countries have advantages. I love the U.S. and that's why I'm here. But don't let an inarticulate and unfounded set of ridiculous statements turn you off. do you own research!
The criticisms of this website are LAUGHABLE. The Economist's quality of life index has rated Canada and Australia the top countries on earth to live in, overwhelming, year after year after year after year!
Vancouver, Calgary, Toronto, Melbourne, Sydney and Perth consistently dominate the top 10 cities in the world to live. 6 of th top 10?
The index takes into account, cost of living, earnings capacity, safety, etc.
Canada probably has one of the most rosey futures on earth. It has an abundance of resources, a tiny population and ironically, global warming is adding to its opportunities.
Cost of living is actually far below that in places like NY and California.
Health care, while not top notch, provides better care to more people than is likely to be found in places like the US. PARTICULARLY for people that are older and more likely to need it.
Education is infinitely better. US Public schools are atrocious.
Yes, taxes are higher. How do you think these things are paid for?
As for the weather, well duh! :)
Anyway, both countries have advantages. I love the U.S. and that's why I'm here. But don't let an inarticulate and unfounded set of ridiculous statements turn you off. do you own research!
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engineer
07-04 09:40 AM
I have sent letter to Congressman Sensenberner (WI) about this issue.
more...
eager_immi
07-25 10:11 AM
isn't it my choice. u can go back to india if u like i don't think i will stop u. Also using the same logic india is still ur home country u should go back even if GC works out.
WHY not go back to India if the GC process fails , I mean after all India is our home country rite .(I am talking only about Indians)
Health and Wealth are subjective after all
WHY not go back to India if the GC process fails , I mean after all India is our home country rite .(I am talking only about Indians)
Health and Wealth are subjective after all
Macaca
02-18 12:20 PM
One consideration is that majority of Indians coming to US have a plan to leave within a certain time period or after a certain goal saving whatever amount...
I had that kind of goal too...But after 5-6 years the considerations change....
Also all arguments came out of UnitedNations unfortunately are already present and deep seated in a very large %age of our compatriots....That is the main reason behind the less mobilization......
Also the situations are changing in homeland...The value of a green card had dropped in the eyes of a large number of people....This situation of people lining up for green cards would change in a few years...especially if the economic growth keeps the tempo it has....
I don't know the context of the above explaination. It is no explanation for the following (I have truck loads of them) which is posted nearly once/day. Many such opinions may not be posted.
Forget contributions - find other ways to survive......
A lot of people, including me have lost faith in IV. They are not going to pay. We don't know what IV is working on and we don't believe it can do anything. The sooner IV accepts it, the better. I have seen this personally in talking to people and you can see the evidence with less than 300 people contributing. IV needs to produce results first.
And today, some of our members, when they call us, block their caller ID. God knows what they are afraid of.
I had that kind of goal too...But after 5-6 years the considerations change....
Also all arguments came out of UnitedNations unfortunately are already present and deep seated in a very large %age of our compatriots....That is the main reason behind the less mobilization......
Also the situations are changing in homeland...The value of a green card had dropped in the eyes of a large number of people....This situation of people lining up for green cards would change in a few years...especially if the economic growth keeps the tempo it has....
I don't know the context of the above explaination. It is no explanation for the following (I have truck loads of them) which is posted nearly once/day. Many such opinions may not be posted.
Forget contributions - find other ways to survive......
A lot of people, including me have lost faith in IV. They are not going to pay. We don't know what IV is working on and we don't believe it can do anything. The sooner IV accepts it, the better. I have seen this personally in talking to people and you can see the evidence with less than 300 people contributing. IV needs to produce results first.
And today, some of our members, when they call us, block their caller ID. God knows what they are afraid of.
more...
kumar80
07-29 12:04 AM
Thanks a lot for your reply.
I had completed my BSc in computer science with 3 years & also completed my Masters(MCA) in computer science with 3 years.(both from India)
Total I have 6 years(3 yrs bachelors + 3 yrs masters) of education/qualification in Computer Science.
My labor has been approved & in that it is mentioned, position requires Masters degree.
Do I qualify for EB2 category?
I already filled I-140 in March 2008 under EB2.
I will really appreciate your response.
Thanks.
Hi GetGC08,
Do you have details of what kind of information was requested by USCIS? I have the same notice as yours when I check my I-140 status online. It was sent on July 28th 2008
Reply asap would be appreciated.
Thanks.
I had completed my BSc in computer science with 3 years & also completed my Masters(MCA) in computer science with 3 years.(both from India)
Total I have 6 years(3 yrs bachelors + 3 yrs masters) of education/qualification in Computer Science.
My labor has been approved & in that it is mentioned, position requires Masters degree.
Do I qualify for EB2 category?
I already filled I-140 in March 2008 under EB2.
I will really appreciate your response.
Thanks.
Hi GetGC08,
Do you have details of what kind of information was requested by USCIS? I have the same notice as yours when I check my I-140 status online. It was sent on July 28th 2008
Reply asap would be appreciated.
Thanks.
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snathan
08-15 10:33 PM
Bollywood should first pay taxes, none of these icons, pay taxes legimately in India, remember them dancing in the partys of mafia, which is tied to terrorists, I think the agent did a great job in nabbing this guy. The VVIP mentality should end in India. Stupid illeterate politicians are over playing this, Ambika Soni should do what she is supossed to do in her office.
Then India would become a well developed country and will rule the world. :D
Then India would become a well developed country and will rule the world. :D
more...
rkg000
09-05 08:42 PM
Yo breddy2000, nobody is calling you names man, but you are getting personal. Is YSR your father ?????.
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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?
more...
chantu
03-30 02:46 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.
If congress would have done it's job properly 60 years back, there was no need of nuclear deal now. The comment you made makes it pretty sure that congress was a failure since last 6 decades. The benefits of current nuclear deal will be in next 2 decades. So what poor people of India eat in next two decades? Will you tell them that don't worry...hang on for next 20 years. Also do you know the case of Enron and how politicians of all colors made fool of people.
If congress would have done it's job properly 60 years back, there was no need of nuclear deal now. The comment you made makes it pretty sure that congress was a failure since last 6 decades. The benefits of current nuclear deal will be in next 2 decades. So what poor people of India eat in next two decades? Will you tell them that don't worry...hang on for next 20 years. Also do you know the case of Enron and how politicians of all colors made fool of people.
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santa123
09-24 12:48 AM
I am not trying to ruin this party... Let us not start our celebrations yet.
what if the EB2 & EB3 dates go backwards in Nov visa bulletin?
Should we be ready to face it too?
After all we are dealing with ****** USCIS....:rolleyes::eek::confused:
what if the EB2 & EB3 dates go backwards in Nov visa bulletin?
Should we be ready to face it too?
After all we are dealing with ****** USCIS....:rolleyes::eek::confused:
more...
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jhaalaa
01-13 04:56 PM
USCIS - Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
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freedom_fighter
09-03 02:10 PM
pls keep your social discussions away from this website. I think its a waste of resource to having this thread exist in the first place.
more...
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Lasantha
02-15 11:48 AM
What Beastia meant was, send your own personal cheques as opposed to getting your employer to send theirs or pay with bank drafts etc. That way like he explained, you will know when USCIS cashed your cheques, and if you have online access to your account you will get to find out your file number way before USCIS sends the receipt notice.
Aslo I belive you have to send seperate cheques for each application. One for 485, seperate one for EAD and another for AP. I don't know if that's a rule but that's how my attorney asked me to send the cheques.
Bestia,
First thanks 4 your advice. We'll send 2 separate cheques, one 4 me and one 4 my husband.Is this what U meant when suggesting 2 send "my own cheque"?
Why do U say I have good chance to have my AOS adjudecated? I really needed to hear that. Can U be more specific? Any idea/guess how long could it take to get GC?
About EAD. I 'm on H4, not working yet, that's why I am eager to get EAD. Do U think that there is no chance to get it within the 90 days? My husband is on H1B an he has I40 already approved. He won't leave his job that's for sure.
What "IV" stands for? Where can I found more about it?
Aslo I belive you have to send seperate cheques for each application. One for 485, seperate one for EAD and another for AP. I don't know if that's a rule but that's how my attorney asked me to send the cheques.
Bestia,
First thanks 4 your advice. We'll send 2 separate cheques, one 4 me and one 4 my husband.Is this what U meant when suggesting 2 send "my own cheque"?
Why do U say I have good chance to have my AOS adjudecated? I really needed to hear that. Can U be more specific? Any idea/guess how long could it take to get GC?
About EAD. I 'm on H4, not working yet, that's why I am eager to get EAD. Do U think that there is no chance to get it within the 90 days? My husband is on H1B an he has I40 already approved. He won't leave his job that's for sure.
What "IV" stands for? Where can I found more about it?
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ebizash
07-21 12:23 PM
got into it, pulled off 3 weeks later. they refunded my investment w/o any issue. but yes never lost that persons contact who got friendly with me for this and we remain good family friends. so there are exceptions.
We also remained good friends with the people who left our group... you know why... because we had no other options as we had no other friends left outside Quixtar (which was Amway before 2001 and is again Amway since 2009)
Not saying that it applies in your case as well... but just telling you from my standpoint..
We also remained good friends with the people who left our group... you know why... because we had no other options as we had no other friends left outside Quixtar (which was Amway before 2001 and is again Amway since 2009)
Not saying that it applies in your case as well... but just telling you from my standpoint..
more...
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trueguy
09-23 04:44 PM
I am waiting for my GC to buy a house.
I second that. I am waiting for my GC before I make such a huge commitment to this country.
I second that. I am waiting for my GC before I make such a huge commitment to this country.
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gc_on_demand
09-17 11:24 AM
On a ballpark, EB2-I has demand for about 50K immigrant visa numbers. Last year we got 25K. I am assuming we are going to get the same number this year too. So that cleared entire 2004.
Next year the situation may be different, because demand from other countries is less, So we could see a bigger leap and might put us in early 2006 by end of FY10. FY11 may not be that nice when economy starts improving. We could be back to square one.
Bottomline, Without a recapture, EB2I/C will not make much progress. EB3-Worldwide is only a place holder in the very long line.
IV members need to concentrate on the recapture, filing AOS after I140 is approved, visa stamping within USA to make our life easy.
Only thing we can do is grassroots advocacy. Which may take few years... I don't have hope that in CIR we will be huge getting benefits ( Because of Antis and Some Dems like Senator Durbin ). Also Chances of any piecemeal is very less because of Hispanic caucus.
Only thing left is Administrative fixes. who can give us temp relief. Like Mr Bush did for TN visas.
Next year the situation may be different, because demand from other countries is less, So we could see a bigger leap and might put us in early 2006 by end of FY10. FY11 may not be that nice when economy starts improving. We could be back to square one.
Bottomline, Without a recapture, EB2I/C will not make much progress. EB3-Worldwide is only a place holder in the very long line.
IV members need to concentrate on the recapture, filing AOS after I140 is approved, visa stamping within USA to make our life easy.
Only thing we can do is grassroots advocacy. Which may take few years... I don't have hope that in CIR we will be huge getting benefits ( Because of Antis and Some Dems like Senator Durbin ). Also Chances of any piecemeal is very less because of Hispanic caucus.
Only thing left is Administrative fixes. who can give us temp relief. Like Mr Bush did for TN visas.
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chiragmodi
09-28 07:18 PM
Is it mendetory to file AC21 if your job title and duties are identical in your new job???
Thanks.
Thanks.
dilipcr
06-16 01:50 PM
Easy for you to say when you are applying for your citizenship. You sir, are an idiot. And if you were really on H1 for as long as you claim, you are a mean idiot, no less.
Retrogression is a scar on the face of EB immigration.
Thats the reason every immigration bill so far related to EB has tried to resolve this issue. Anyone who says retrogression is good is either misinformed or a pychopathic specimen that needs instant mental evaluation, followed by treatment and observation in an asylum. The observation should continue for as long as it takes a typical EB3-India case to get approved. To paraphrase your quote: "The truly cured would still be observed until their turn for release comes"
Why do you have to resort to calling names ? Are ad hominem arguments the best you could come up with ? Let me give you an analogous case wherein people say that a recession is a good thing. Recession occurs in order to cleanse the economy of bohemian excesses and inefficiencies. Do you think that such people are sadists and belong to the mental asylum ? Of course there are people who get affected in a recession. Does it mean it is not desired ? In a similar vein, you need to understand that there were and are huge gaping inefficiencies in the current immigration process. There has to be a way to curb these excesses and inefficiencies. Retrogression may not be the best way but it is the only way utilized right now. If you still believe that I have to subscribe to these inefficiencies despite having gone through the immigration process, I am sorry I beg to differ.
Retrogression is a scar on the face of EB immigration.
Thats the reason every immigration bill so far related to EB has tried to resolve this issue. Anyone who says retrogression is good is either misinformed or a pychopathic specimen that needs instant mental evaluation, followed by treatment and observation in an asylum. The observation should continue for as long as it takes a typical EB3-India case to get approved. To paraphrase your quote: "The truly cured would still be observed until their turn for release comes"
Why do you have to resort to calling names ? Are ad hominem arguments the best you could come up with ? Let me give you an analogous case wherein people say that a recession is a good thing. Recession occurs in order to cleanse the economy of bohemian excesses and inefficiencies. Do you think that such people are sadists and belong to the mental asylum ? Of course there are people who get affected in a recession. Does it mean it is not desired ? In a similar vein, you need to understand that there were and are huge gaping inefficiencies in the current immigration process. There has to be a way to curb these excesses and inefficiencies. Retrogression may not be the best way but it is the only way utilized right now. If you still believe that I have to subscribe to these inefficiencies despite having gone through the immigration process, I am sorry I beg to differ.
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....!!