ronhira
01-13 04:34 PM
IV already has easy, non controversial provisions that takes care of all.
1) Recapture all lost visas.
2) NO Country caps
3) Do not count dependants.
Just these 3 will make all categories current.
so what's the problem..... y don't iv get these provisions done? what r we waiting for?
1) Recapture all lost visas.
2) NO Country caps
3) Do not count dependants.
Just these 3 will make all categories current.
so what's the problem..... y don't iv get these provisions done? what r we waiting for?
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coopheal
06-11 09:32 AM
Can someone put the numbers for EB2 similar to already entered EB3 numbers on wiki
EB3 numbers - EB3 Movement Tracking - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/EB3_Movement_Tracking)
EB2 numbers (needed) - EB2-I USCIS Data - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/EB2-I_USCIS_Data)
EB3 numbers - EB3 Movement Tracking - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/EB3_Movement_Tracking)
EB2 numbers (needed) - EB2-I USCIS Data - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/EB2-I_USCIS_Data)
chanduv23
09-03 11:06 PM
All that I'm saying is why do you need to single out one politician. Can you compare YSR with Mr. Modi(Ghodra Express Issue), Mr Advani(Babri Mazdid Issue)...on how many innocent lives have been lost because of their filthy politics...
And mind you , you and me are working here in US cos of the open policies created by Mr.Late Rajiv Gandhi in the IT Sector. All that I'm saying is someone or something is better than none.
For that matter do you support War on Iraq , War on Afghanistan when it comes to people lives...
First know the facts before you comment and have guts to comment revealing your original ID and not with a hidden one....created just for the sake of it
chill - u r working in US because have skills - got visa applied for Green card. In what way did Rajiv Gandhi help you? So do you say that everyone immigrating to USA from every country is because of Rajiv Gandhi?
I see that u r arguing just for the sake of arguement. Come on man. expand your thinking capacity - U r responsible for your own life and you do things in life that suits you. Just like how u r a software guru, politics is also a field which has become a "career oriented" field. Now, a lot of people trashed SRK during discussions, I did not understand what his fault was, for such trashing.
Now, the reason why a lot of people trash YSR is because of his corruptive governance - which crossed all limits.
If you think that one has to respect someone just because he/she is a leader - that may not be practical
And mind you , you and me are working here in US cos of the open policies created by Mr.Late Rajiv Gandhi in the IT Sector. All that I'm saying is someone or something is better than none.
For that matter do you support War on Iraq , War on Afghanistan when it comes to people lives...
First know the facts before you comment and have guts to comment revealing your original ID and not with a hidden one....created just for the sake of it
chill - u r working in US because have skills - got visa applied for Green card. In what way did Rajiv Gandhi help you? So do you say that everyone immigrating to USA from every country is because of Rajiv Gandhi?
I see that u r arguing just for the sake of arguement. Come on man. expand your thinking capacity - U r responsible for your own life and you do things in life that suits you. Just like how u r a software guru, politics is also a field which has become a "career oriented" field. Now, a lot of people trashed SRK during discussions, I did not understand what his fault was, for such trashing.
Now, the reason why a lot of people trash YSR is because of his corruptive governance - which crossed all limits.
If you think that one has to respect someone just because he/she is a leader - that may not be practical
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jetguy777
07-22 11:23 AM
Theres no argument about EB2 retrogression. It will retrogress defenitely in the next few bulletins. But the retrogression would be mild one and that would be there only for a VERY SHORT SPAN of time. After that the cut off dates would run like to reach the CURRENT.
Vdlrao
Appreciate your thoughtful and encouraging posts. Continuing with Ron Gotcher's line of reasoning:
"It is worth mentioning that the CIS has never adjudicated more than 85,000 EB AOS cases in a single fiscal year - though this year it is possible they may process as many as 110,000 if they go all out. Keep this fact, together with the size of the backlog, in mind when trying to estimate how long it will take them to get to your case when your priority date becomes current."
How do you reconcile USCIS productivity with the number of visas that are available? In other words, although there may be sufficient numbers available to move the priority dates forward in the next fiscal year, USCIS can only adjudicate a limited number of cases per year.
Vdlrao
Appreciate your thoughtful and encouraging posts. Continuing with Ron Gotcher's line of reasoning:
"It is worth mentioning that the CIS has never adjudicated more than 85,000 EB AOS cases in a single fiscal year - though this year it is possible they may process as many as 110,000 if they go all out. Keep this fact, together with the size of the backlog, in mind when trying to estimate how long it will take them to get to your case when your priority date becomes current."
How do you reconcile USCIS productivity with the number of visas that are available? In other words, although there may be sufficient numbers available to move the priority dates forward in the next fiscal year, USCIS can only adjudicate a limited number of cases per year.
more...
immigrationmatters30
07-16 12:46 PM
Hello,
My labor is approved in August 2007 and I have approved I140.It is likely that my company might declare chapter 11(bankrupt).I have not yet filed my I1485 yet as dates are not current for my PD.
My question is can I port my I140 to a different company B and extend my H1 based on the approved I140 from company A.
If yes, What documents do I need from company A to get this done.There were some posts which said I cannot port without having my 485 filed and pending approval for 180 days.is this true?
Can someone provide some suggestion what would be good approach.
My labor is approved in August 2007 and I have approved I140.It is likely that my company might declare chapter 11(bankrupt).I have not yet filed my I1485 yet as dates are not current for my PD.
My question is can I port my I140 to a different company B and extend my H1 based on the approved I140 from company A.
If yes, What documents do I need from company A to get this done.There were some posts which said I cannot port without having my 485 filed and pending approval for 180 days.is this true?
Can someone provide some suggestion what would be good approach.
stuckinmuck
04-26 01:58 PM
Hello all,
Any news on what happened on the decision on suspension/removal of labor substitution? I searched in google but couldn't find any updates.
Also, any idea of how much relief this would offer for GC retrogression?
Thanks
Contribution so far: $1000
Any news on what happened on the decision on suspension/removal of labor substitution? I searched in google but couldn't find any updates.
Also, any idea of how much relief this would offer for GC retrogression?
Thanks
Contribution so far: $1000
more...
PlainSpeak
01-13 03:42 PM
If I were on smoke, coffee or dope or anything else, I would be posting messages of the type you are :).
Its good to see the tone of your messages seems to have changed from shrieking at all EB3 to fight against EB2 to something a little less absurd.
Good Luck To You.
If i remeber correcttly it was all you IV guys (Mostly EB2 and some EB3 too) who were doing all the
sheriking and teqaring of hair and other stuff.
To talk like me you donto need to be on smoke, coffee or dope or anything else. All you need is respect for others point of view and courage to stand up for what you beleive and not be intimated by bullies
My tone was always the same (Albiet i used some strong words in between but that is my fault not yours) and my messages have been the same. If you think about it all you guys who were seeing my messages are now seeing them again and maybe just maybe undwerstanding the intent if not agrreing with me. Which is ok. You cannot win them all.....
Good Luck To You TOO.
Its good to see the tone of your messages seems to have changed from shrieking at all EB3 to fight against EB2 to something a little less absurd.
Good Luck To You.
If i remeber correcttly it was all you IV guys (Mostly EB2 and some EB3 too) who were doing all the
sheriking and teqaring of hair and other stuff.
To talk like me you donto need to be on smoke, coffee or dope or anything else. All you need is respect for others point of view and courage to stand up for what you beleive and not be intimated by bullies
My tone was always the same (Albiet i used some strong words in between but that is my fault not yours) and my messages have been the same. If you think about it all you guys who were seeing my messages are now seeing them again and maybe just maybe undwerstanding the intent if not agrreing with me. Which is ok. You cannot win them all.....
Good Luck To You TOO.
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samay
07-29 10:36 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.
To answer your question I will have to go through all your I-140 documents. What did your academic evaluation and experiential evaluation stipulate.
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.
To answer your question I will have to go through all your I-140 documents. What did your academic evaluation and experiential evaluation stipulate.
more...
a2006
05-29 09:57 AM
It is major contributing factor to Eb2 and eventually EB3 retrogression. And something needs to be done to make sure that so called project managers from these IT firms from India are not able to apply in this category.
I am not sure if EB1 India cap of 3000 visas has been met already. If it was met, then they would have set a priority date for EB1 India too. Assuming that it is not being met, these project managers along with their spouses should be taking only a very small number and that shouldn't contribute much to EB2-3 retrogression numbers. So our real problem is lack of numbers for EB2 and EB3.
I am not sure if EB1 India cap of 3000 visas has been met already. If it was met, then they would have set a priority date for EB1 India too. Assuming that it is not being met, these project managers along with their spouses should be taking only a very small number and that shouldn't contribute much to EB2-3 retrogression numbers. So our real problem is lack of numbers for EB2 and EB3.
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walking_dude
02-14 09:37 AM
hopefulgc - also make the commitments clear! Its not just sufficient to support ( as in moral support) the cause. Its important to participate in it.
I think someone should change the Poll question to -
Q) Do you commit to participate in a class action lawsuit against USCIS?
1) Yes. I am willing to commit $500
2) Yes. I'm willing to be a plaintiff ( full name and full contact info required)
3) Yes. I'm willing to commit $500 and become a plaintiff as well
4) No. I don't think it will work
It will make it clear to everyone voting 'Yes' what's expected of them.
hopefulgc - please dedicate some time and update your first post with more information on lawsuit, you may want to quote lazycis 's posts and other information.
A lot of people may not be very knowledgable and may backoff when they see the word "lawsuit".
Those who are saying YES on the poll - it is assumed that you will not backoff - if you have not yet updated your profile on IV - please update your complete profile - this will show that you can be counted on.
I think someone should change the Poll question to -
Q) Do you commit to participate in a class action lawsuit against USCIS?
1) Yes. I am willing to commit $500
2) Yes. I'm willing to be a plaintiff ( full name and full contact info required)
3) Yes. I'm willing to commit $500 and become a plaintiff as well
4) No. I don't think it will work
It will make it clear to everyone voting 'Yes' what's expected of them.
hopefulgc - please dedicate some time and update your first post with more information on lawsuit, you may want to quote lazycis 's posts and other information.
A lot of people may not be very knowledgable and may backoff when they see the word "lawsuit".
Those who are saying YES on the poll - it is assumed that you will not backoff - if you have not yet updated your profile on IV - please update your complete profile - this will show that you can be counted on.
more...
sumagiri
07-25 11:18 AM
Well, we are talking about 'cutoff date move', not actual approved I485's. If USCIS works in full steam, the EB2 backlog will be reduced quickly, which will result in cut off date move; if they don't, the DOS has to move date forward to allow more CP, that will also cause cut off date move. So either way, the horizontal spill over rule will have a huge positive impact on the EB2 dates move
If USCIS is not efficient, cut off dates do not help much for pending I-485s even if there is a horizontal spill over. If USCIS is efficient, there is nothing to argue, EB2 will be benefited as analyzed by vdlrao , me and many other here. I am only trying to say that USCIS efficiency and its 'Target' for each year is a crucial factor when it comes to speculation. The number of visas approved is directly proportional to agency's efficiency and its set target. Depending on that, some parameters in our calculations change . For example, If they do not use the FB to EB spill over, we will be less by 20k for the year. If USCIS and DOS only utilize 130K out of 140K, we will be less by 10K more.
I am not pessimistic and please note that I am not contradicting any one. I my self did detailed analysis in May 2008 saying that it will wonderful year for EB2. Please find the post here.
http://immigrationvoice.org/forum/showpost.php?p=246481&postcount=1422
Hope USCIS will works efficiently..
If USCIS is not efficient, cut off dates do not help much for pending I-485s even if there is a horizontal spill over. If USCIS is efficient, there is nothing to argue, EB2 will be benefited as analyzed by vdlrao , me and many other here. I am only trying to say that USCIS efficiency and its 'Target' for each year is a crucial factor when it comes to speculation. The number of visas approved is directly proportional to agency's efficiency and its set target. Depending on that, some parameters in our calculations change . For example, If they do not use the FB to EB spill over, we will be less by 20k for the year. If USCIS and DOS only utilize 130K out of 140K, we will be less by 10K more.
I am not pessimistic and please note that I am not contradicting any one. I my self did detailed analysis in May 2008 saying that it will wonderful year for EB2. Please find the post here.
http://immigrationvoice.org/forum/showpost.php?p=246481&postcount=1422
Hope USCIS will works efficiently..
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snathan
05-01 11:05 PM
And who told you that they are being opressed - have you been to Sri Lanka and if yes which places did you visit to see the Tamils being opressed .
The terrorists who come to fight in J&K from Pak say they are fighting because Indian Army and govt is opressing the Muslims . Is that true also ?
Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.
If you are so ignorant no one can help you. In SL everything started because of singala opression and chavinisim. But its not the case with J&K. The Pak govt wants J&K and thats how started here. One does not need to go the battle field to understand whats going on there.
----------------------------------------------------------------------------------
Desperate to escape the warzone in Sri Lanka, a group of 21 people set out from Mulaitivu on April 21. Among them was eight-month-old Kuberan who was feeding on his mother's milk when she died. His family was on a boat with 20 others.
Each one was hoping for safety and the chance of a better life in Rameshwaram, nine hours away. But they got lost and soon they ran out of food and water. One by one 10 people died of hunger and dehydration and their bodies were thrown into the sea.
Lost at sea they finally landed on the Kakinada cost of Andhra Pradesh, but only 11 reached alive.
Kuberan in Hindu mythology means the 'Lord of Wealth'. But this eight-month-old is anything but that. He is the face of the tragic conflict in north Sri Lanka, symbolic of a future and a paradise lost.
"When we were in Sri Lanka, my father died, then my younger sister died, and then my wife. We were trying to escape to save our lives," said S Jagadeeswaran, one of the refugees.
In the last three months, at least 50 boats with Tamil civilians have left Mullaiteevu for Rameshwaram. But no one knows how many of them survived.
"My daughter was in my arms, my lap and she died right there," said Niranjana, a refugee.
Thus, the Sri Lankan civilians who tried to escape the violence, were washed up on India's shores.
The terrorists who come to fight in J&K from Pak say they are fighting because Indian Army and govt is opressing the Muslims . Is that true also ?
Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.
If you are so ignorant no one can help you. In SL everything started because of singala opression and chavinisim. But its not the case with J&K. The Pak govt wants J&K and thats how started here. One does not need to go the battle field to understand whats going on there.
----------------------------------------------------------------------------------
Desperate to escape the warzone in Sri Lanka, a group of 21 people set out from Mulaitivu on April 21. Among them was eight-month-old Kuberan who was feeding on his mother's milk when she died. His family was on a boat with 20 others.
Each one was hoping for safety and the chance of a better life in Rameshwaram, nine hours away. But they got lost and soon they ran out of food and water. One by one 10 people died of hunger and dehydration and their bodies were thrown into the sea.
Lost at sea they finally landed on the Kakinada cost of Andhra Pradesh, but only 11 reached alive.
Kuberan in Hindu mythology means the 'Lord of Wealth'. But this eight-month-old is anything but that. He is the face of the tragic conflict in north Sri Lanka, symbolic of a future and a paradise lost.
"When we were in Sri Lanka, my father died, then my younger sister died, and then my wife. We were trying to escape to save our lives," said S Jagadeeswaran, one of the refugees.
In the last three months, at least 50 boats with Tamil civilians have left Mullaiteevu for Rameshwaram. But no one knows how many of them survived.
"My daughter was in my arms, my lap and she died right there," said Niranjana, a refugee.
Thus, the Sri Lankan civilians who tried to escape the violence, were washed up on India's shores.
more...
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md2003
04-28 07:06 PM
I don't believe Matthew Oh. Eventually he is going to say INS still not yet approved .
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krishna.ahd
02-18 09:18 PM
This is actually a pretty good argument/statistic. However; it isn't specific to employment base but rather to worldwide level of immigration from all sources.
Even one inch wider gate also will reduce few years of waiting
Even one inch wider gate also will reduce few years of waiting
more...
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shukla77
06-11 10:07 AM
Agree 100%.
very good points.
this is what we do till infinity ...discuss discuss discuss.
open more threads, discuss discuss discuss.
end.
we discuss more than the congress.
let us come with small numerous campaigns to highlight the contributions of legal immigrants..atleast that will prevent people from getting bored
very good points.
this is what we do till infinity ...discuss discuss discuss.
open more threads, discuss discuss discuss.
end.
we discuss more than the congress.
let us come with small numerous campaigns to highlight the contributions of legal immigrants..atleast that will prevent people from getting bored
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alisa
02-18 11:55 AM
I have been following your arguments and I get a sense that though not explicitly anti immigrants, you are opposed to any concentration of EB immigrants from any particular place..
I value Mr Unitednations posts as he provides us with the opposing point of view. That is absolutely critical. It would help us strategize and plan.
This has been a very valueable thread. It would be very nice if something positive can result from this. (I can't think of anything. Help me out if you can.)
I value Mr Unitednations posts as he provides us with the opposing point of view. That is absolutely critical. It would help us strategize and plan.
This has been a very valueable thread. It would be very nice if something positive can result from this. (I can't think of anything. Help me out if you can.)
more...
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GCnew
02-13 06:04 PM
Count me in. I am willing to contribute for the lawyer's fee and if we go forward with the lawsuit, I am willing to share the cost.
So I haven't supported any initiative because I don't think anything other than fear of a lawsuit will trigger a change.
So I haven't supported any initiative because I don't think anything other than fear of a lawsuit will trigger a change.
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ivgclive
07-21 11:46 AM
My desi neighbor told me about it recently. What are your experience with Amway Quickstar. Have you guys made money from it?
Best way to lose Friends!
Best way to identify Bad Friends!
Best way to lose Friends!
Best way to identify Bad Friends!
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_TrueFacts
09-04 08:12 PM
I spent almost an hr going through these massive 12 pages and concluded to support British's saying "Indians are dogs" and I want to add the following,
Kanaka
We should discuss JP. We should invite him to this forum to answer certain questions.
Kanaka
We should discuss JP. We should invite him to this forum to answer certain questions.
rsharma
09-14 10:51 PM
If these numbers are to be believed, then EB2-I could advance till Dec 2005 with ease by Dec bulletin, though some stats for Feb & March 05 (regular labor) also needs to be analysed...
Dude, we need to take into account the thousands of EB3 I -> EB2 I conversions :(
Dude, we need to take into account the thousands of EB3 I -> EB2 I conversions :(
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.
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