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  • 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....!!





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  • bestin
    02-13 05:43 AM
    Agreed dude.

    But the system is totally messed up and we cant have an overnight change .Even if they initiate something now by the time it gets actually implemented it shuld be more than 1 year.If nothing works out within atleast 1.5 years to 2 years this should be definitely considered.





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  • poorslumdog
    08-15 07:17 PM
    SRK detained at US airport for being a Khan - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/SRK-detained-at-US-airport-for-being-a-Khan/articleshow/4896236.cms)

    Guys we often discussed about facing problems at Port of entry. People being questioned for hours or rumors about people being sent back. I was surprised by reading this news today. This country is going crazy about stopping people just because their surname is "Khan" even if the person has travelled to US earlier. With experience i expect people to get smarter but these people are getting dummer.

    I dont understand whats so special about SRK...is he god or what. TSA/IO has every right to question any one entering the country. Its their job. Indian Media is making it big issue about this just to get more attention from public. This is cheap advertisement for them. Our country is so corrupt...if you are celebrity and Politician you can get away with any system.

    If you people do not like the way the american doing business give them the same reply in your/our country or stop doing business with them. Whats the big deal.





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  • ilwaiting
    10-24 11:33 AM
    Looks like a question for "HowStuffworks.com". But anyway, this is a complicated issue that an attorney can advise you better. And as you might see not many people here like this topic.



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  • amsgc
    07-26 04:48 PM
    From what I remember, Ron Hira had done the math and found that only 0.03% of those H-1B visa applicants get sponsored for the GC by the Indian Offshore companies.

    But, we still have a tremendous backlog in 2004, plus labor subs, plus EB3 moving over to EB2. According to , there are still hundreds of people waiting with PD before June 2004.

    Also out of the 65K H1 visas that were available since 2003, most of the Visas were consumed by the Big Indian companies.
    Remember when Congress sent letters to the Big Indian companies, there was data related to how many companies applied for how many Visas.

    AFAIK it was in the range of 25k-35k per year combined by all these companies that filed H1s .

    One thing to note is, they do not sponsor GCs for all the applicants.They do them very rarely for the people who are in their 5th to 6th year of H1.Could be in the range of Hundereds and not thousands comapred to the people count they have in US.





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  • cs.0
    05-29 03:20 PM
    hi friends,

    My suggestion is as follows : Let USCIS issue GC for primary applicants without considering PD :) and, issue GC to family members as per PD.

    Anyhow getting GC for primary applicant is important then dependent or let them consider whole family as single case instead of considering each family member as single.

    regards,
    chethan



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  • justAnotherFile
    07-12 10:15 PM
    byeUSA,

    can you send your story to pratik, as requested on homepage. I think yours is a compelling story and will help others in IV even if you have already made your decision





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  • eb3India
    08-03 06:03 PM
    labor subst is good for those who can use it and of course it'z not fair for others,

    Is Immigration process is a right place to talk about fairness,

    my point is labour subst is not hurting is big time, Itz just some of us get jealouse when they see others getting ahead of the line

    IV needs to focus itz energy on much broader issues



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  • Macaca
    06-28 09:01 AM
    From page 35 of Citizenship and Immigration Services Ombudsman Annual Report to Congress June 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf).

    There will be severe consequences from rapid fluctuations in priority dates.

    If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card.
    Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications.
    As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.





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  • ujjwal_p
    05-11 09:19 PM
    To respond to your other post...and FYI

    Check this link or goolge to know more about US flag burning protest

    http://en.wikipedia.org/wiki/Texas_v._Johnson

    That's not the point dude. Do you think just because its legal, its acceptable and people are burning flags everyday. What are you smoking brother?



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  • dagabaaj
    07-07 11:59 AM
    My wife applied for her EAD in Dec 2007. We recd the EAD in May 2008 but with incorrect A#. Our Corp lawyer advised us to return the EAD card to USCIS with a new I-765 Application and correct information on it.
    1) Was this the correct course of action. Could she have used the EAD card and then sent it for correction?
    2) What is the time frame for a correction on the card? Also it has been a month since we sent it back and we have not yet recd rect# or notice in response?
    3) What should be our further course of action?





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  • breddy2000
    09-04 07:47 PM
    dealsnet,

    Don�t assume that things will work like they work in YSR regime.

    If you think that, the discussion does not make any sense to you then keep away. You are assuming that IMV has compromised security. FYI, this is not a YSR forum, nor it his jagir to do a security compromise.

    Wow Mr. Chandu.....Procliaming that he is has access to Admin rights and saying that he is not compromising on the security aspect as this is not YSR forum.....

    This AH has revealed someones full name publicly where no one knows how to do that...except Admins....

    Thats it Guys.......I'm out of this....

    If I'm CHANDUV23, I would have retaliated from my posts so far...Looks like "_TrueFacts" is more offended than "CHANDUV23" offcourse we know both are same.....

    Hats off Man....



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  • bfadlia
    02-16 12:33 PM
    There may be truth in it. But not completely so. There are are lot of well qualified and experienced people. But there may be frauds too.



    Again it is a mixture of all kind of types coming through the consultants.
    So, the issue is that there are lot of qualified and experienced people in India that are willing to come to USA to seek better opportunities ( although these says , the students from top universities of India may not want to come here ) and i believe it is not that the consultant companies dump 'all who can walk' into USA. There may be a certain percentage that are 'deficient'.
    So, my main point is that , by virtue of larger population, India has larger number of graduates/employable folks. Plus many of them learn English ( if i need to communicate with people in other parts of India, i use English ) , may be with thick accent.


    mallu, i appreciate the rational arguments you made. But still a lot here falls under "yes we agree bodyshop practices are unfortunate, but let's pretend it has no concequences and it never harmed anybody" That is wrong.. I would hear time and again from ROW friends who land lucritive job offers here but when it's time to apply for H1 they fail because a handful of big bodyshops consume tens of thousands of visas for the exclusive offering in their homeland.. then we hear people now ask the remaining ROWs who managed to stay here against big odds to take another one for the team and help alleviate the problem of the big lines these bodyshops created and claiming this is for the sake of fairness and equality.

    i still see other posts with nothing but barking.. ok let it be, we can't do without those who have nothing to offer other than that.





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  • rkg000
    09-04 10:35 AM
    I do not think you understood the meaning of my words correctly.
    If you are a friend of YSR, you won't find a better friend than him and he will go out of way to help you. If you are his enemy, be prepared for consequences. This is also the motto of US Army and its origin is attributed to what a famous roman general once said of himself.

    "No friend ever served me, and no enemy ever wronged me, whom I have not repaid in full"

    YSR is a very successfull CM. He delivered what mattered most to the poor people. Some other states like Tamilnadu are introducing some of his schemes like Rajiv arogyashree. More than 30 people died after learning that he is dead. Very few people can inspire that kind of reverence and affection. He may have his short comings but he achieved more than most can dream of.
    It is silly to quote corruption every time you discuss politicians. Show me any major politician of consequence who did not face corruption charges at some time or the other. It is always present in one form or the other since the beginning of politics. We are all watching what is happening with healthcare reform bill here and how powerfull insurance industry is influencing it's outcome.
    And who is making these allegations? Surprise, opposition parties and some sections of media that are opposed to him.

    His death is definitely a loss to the state. We need competition among politicians and that competition existed between YSR and Babu and I like both of them. Between the two, I think AP progressed overall.

    This thought of submission is exactly what has always pulled India back from moving forward. That unless you are corrupt you are not normal. Speaking out against corruption is abnormality for us. Just starting out schemes does not ensure good. If everybody from the CM to the peon in the office demands his share how does the money trickle down to the needy?



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  • gc4me
    02-13 01:11 PM
    Any of you want to join with me with this drive? Let's form a group and sue the USCIS for misallocation of visa. If any one is interested, please PM me.


    immigration-law.com posted country wise EB visa allocation for the year of 2005. For example, Nepal used only 70 EB3 visas. Whereas country limit is 7%. In that case how EB3 Nepal is retrogressed?

    Can we sue USCIS? Let's discuss.
    In that case, let's hire an attorney.





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  • desighee
    07-27 04:03 PM
    These guys might meet you and greet you in WMT. Once it happened, the guy's wife met my wife and complimented her that "Ooh you have a sweet little boy!" and that's how the convesation started with my wife and then with me. The guy told me he runs his "ecommerce business". Next day he calls us for tea to discuss "ecommerce business" , I became suspicious and charged him "Are you running Amway?" He said there is nothing wrong in running Amway business and I had a heated argument with him over this as to why he did not tell me earlier.

    So thats it - nowadays they have adopted a different strategy!


    i was once lured into a feakin quickstar/BWW something like that meeting unknowingly where their "platinum member" or some other looser was visiting.
    it was me against all of them -my question was simple-why don't you answer all my questions regarding how this works and just keep telling me to have 'trust' in them!
    they told me to have trust in our 'own company' and by its product like toothpaste etc.
    Next thing i saw when i visited their restroom was a colgate toothpaste on the restroom sink.. haa..platinum loosers



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  • watzgc
    07-28 08:45 PM
    Dear Sir,

    This is my situation

    1. Applied for H1B Extension on Jul-10-2007
    2. Got RFE on Mar-2008 and replied to RFE on Apr-2008
    RFE: 1. client contract 2. last 2 yrs my tax return
    3. After Reply to RFE no news from USCIS
    4. Applied for Premium processing on Jul-14-2008
    5. I485 Pending and having EAD/AP for my family and Jul-09-2008 applied for EAD Renewal

    My Questions:
    1. Since my H1B expired on Jul-14 What is my status? Can I work till I get my H1B approval?.

    2. How can I expedite the H1B Process ? (already upgraded to PP)
    3. If I get approval , do I need to go back to home country to get stamping?

    Thanks for your time and help.

    Regards,
    watgc





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  • snaidu
    05-10 10:27 AM
    I see a lot of people discussing about Canada.

    Any inputs about Australia and life down under?

    Thanks





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  • dhirajs98
    08-28 09:00 AM
    Our frustration with the US legal immigration and retrogression seems endless. My wife and I are considering immigration prospects to Canada. Can somebody please suggest good responsive lawfirms that could handle a Canadian PR application? We would also appreciate some insight on Canadian immigration prospects for physicians. Thanks


    I did on my own. Its a time taking process but you can do it on your own. But if you can spend couple of thousand dollars for convenience then there are alot of law firms availble on internet. Just type in canada immigration lawfirm. You will find what you need.

    Good Luck!





    rahulpaper
    06-26 01:51 PM
    I sure do hope you are right.....because i am in HR boat as well...
    BTW Thanks to you and the core team on CIR front...keep up the good work.


    Once again, what is with this "Flood" and "too many". Petitions are postal packages. They are not Tsunami waves that would prompt them to shut down their doors to prevent flooding. They did get nearly 200,000 petitions in Vermont in one day. What happened ? Did the mail room clerk drown in fedex ? Were the packages overflowing in the parking lot ?

    Guys please stop thinking these logistics, and get a life. USCIS has people who are capable of predicting several hundred mail packages and handling them. They are inefficient and slow but they are not galactically stupid. And if they stop accepting petitions, it wont be because they have received "Too many" because it takes time to define "too many". So chill and try to file it before 31st July.

    These rumors are wreaking havoc on people who are not in a perfect position to control the timing of filing. Many lawyers and many employers will file between 25th and 31st July. And I can accept that. My own HR and lawfirm have made it clear that we will file before 31st July but there is no guarantee that it will be sooner than that and any sooner than that is not neccesary.

    Those who are filing on their own can file on July 1st. But those who are depending on lawyers and their own HR, please relax and stop thinking too much.





    Michael chertoff
    01-13 02:40 PM
    Now my friend Michael chertoff (Senior Member) there is no call for abuse in this forum because if you continue the same way you will go the way of forever_young and start sending IM to yoursleves and tell everyone that it came from me

    Seriously - Can you not discuss something with an open mind

    Calm down Girl. relax. atleast you called me your friend. freinds dont fight. just take it easy and relax. take a nap, you will feel better.

    Sorry if i said some thing wrong.

    Your friend

    MC



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