gdilla
05-09 05:57 PM
Stop the bashing of countries with stupid generalizations like cost of living and bad doctors. This is ridiculous. See my other posts dispelling Canadian misconceptions. That your friends or whoever has had badluck in Canada is probably as much due to their lack of perperation and research before going there coupled with their socialist sense of entitlement.
And for all you considering going to Canada, it's not rocket science. Look for a job BEFORE you go. Heck, take a vacation and go there if you get some interviews. I don't care if your doctor friend is driving a taxi cab - they should have known that there is a foreign credential issue going on in that country before they pack up their family and go there (and hopefully this will be ironed out - it is a problem and a big debate right now).
But it's not like there isn't a way to work around it (suck it up and do what you have to do for recertification - yes it's troublesome, but at least your fate is in your own hands, and you're not stuck in retrogression at the mercy of others). And if you think you have more opportunities in the US, why is it that the majority of H1Bs are being sucked up by desi body shops who just turn around and indenture you? Is that considered a wonderful opportunity ( i guess it is)? How many of you can actually work for a non-desi company? Imagine if they didn't exist. Too bad Canada doesn't have the same body shops, eh. Oh the irony.
It boggles my mind that people take up and leave to a country without actually looking into the job market or thinking everything would be hunky dory. There's something called the internet. Look for Canadian jobs, apply, get feedback, attend job fairs in Canada, tap your networks, etc. If you can't find something, DON'T GO.
I'm not saying Canada, or any country, is perfect, but a proper approach and understanding before you jump into something will ease the transistion. And please, enough of the ignorant generalizations.
If I was an employer and knew you had contempt for my country and thought you were owed something, I'd kick your butt out the door.
And for all you considering going to Canada, it's not rocket science. Look for a job BEFORE you go. Heck, take a vacation and go there if you get some interviews. I don't care if your doctor friend is driving a taxi cab - they should have known that there is a foreign credential issue going on in that country before they pack up their family and go there (and hopefully this will be ironed out - it is a problem and a big debate right now).
But it's not like there isn't a way to work around it (suck it up and do what you have to do for recertification - yes it's troublesome, but at least your fate is in your own hands, and you're not stuck in retrogression at the mercy of others). And if you think you have more opportunities in the US, why is it that the majority of H1Bs are being sucked up by desi body shops who just turn around and indenture you? Is that considered a wonderful opportunity ( i guess it is)? How many of you can actually work for a non-desi company? Imagine if they didn't exist. Too bad Canada doesn't have the same body shops, eh. Oh the irony.
It boggles my mind that people take up and leave to a country without actually looking into the job market or thinking everything would be hunky dory. There's something called the internet. Look for Canadian jobs, apply, get feedback, attend job fairs in Canada, tap your networks, etc. If you can't find something, DON'T GO.
I'm not saying Canada, or any country, is perfect, but a proper approach and understanding before you jump into something will ease the transistion. And please, enough of the ignorant generalizations.
If I was an employer and knew you had contempt for my country and thought you were owed something, I'd kick your butt out the door.
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unseenguy
08-16 02:31 PM
Does our people have the balls to do that?
Thats the problem, our people dont have balls.
Thats the problem, our people dont have balls.
samay
07-28 04:12 PM
Question for Lawyer or Senior Members of Forum:
Dear Sir/Madam,
I myself is currently in H1B and my wife on H4. We both have EAD and AP which we�re never activated since we had our H1 and H4 and my wife has not started working.
She should be starting work very soon and hence we would like to renew her EAD and AP. Also as part of her new job she needs to travel oustide US. So the question I had is whether she can travel outside US on her currenty valid AP with the application for renewal of AP/EAD in processing with USCIS.
Thank You All for Your Help
/COLOR]
Regards,
Josh
[COLOR="Blue"]
Yes -so long as the AP is still valid.
Dear Sir/Madam,
I myself is currently in H1B and my wife on H4. We both have EAD and AP which we�re never activated since we had our H1 and H4 and my wife has not started working.
She should be starting work very soon and hence we would like to renew her EAD and AP. Also as part of her new job she needs to travel oustide US. So the question I had is whether she can travel outside US on her currenty valid AP with the application for renewal of AP/EAD in processing with USCIS.
Thank You All for Your Help
/COLOR]
Regards,
Josh
[COLOR="Blue"]
Yes -so long as the AP is still valid.
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snathan
01-15 04:03 PM
No this rule is not against the H1B. Kindly read the rule. This rule is against body shopper and who do all kind of illegal activities. No pay on bench, 80-20 , no LCA ,no value addition etc etc. Their whole existence was questionable from day one. Why don't they do the same business with GC holder or US citizen ? Because they are not required in food chain of consulting. Period. Check out people from one state of India buy H1b . I will use the word buy. It's like buying air ticket along with visa fees to come to usa. USCIS is nailing there.
Do you think that purchasing H1B visa is Okay as per us rules ? It was never legal. It is not that they made a new law or changed a rule. They just said , we know where was the hole and they put some bricks there. So your logic they will do to EAD and GC is pure speculation. Yes during second world war they arrested people with Japanese connection.
They have not banned H1B . Period. Why I am happy ? Because now there will be direct relation between job and H1B. No illusion of fake job. Second, now only good companies will be their ( Accenture , deloitte ) and they will need H1b consultant. Mark my word, US companies can not live without H1B and they will hire H1b directly and will sponsor them.
These companies will never bill below a low limit. The Indian body shop and their gulam agree for any rate ( yes even10$/hr for tester job ) and kills the market. It will usher a new era ( good ) for H1B. Due to these cheap desi dallas real companies never felt the need for sponsoring H1B. In my own case , the client did not give offer to perm because I was cheaper in contract to them. Finally when I resigned and on last day of my 2 week notice period client offered me to sponsor H1B. I refused as some one else had already filed my H1b and I continued there. I am happy for the beginning of this new body shop free time.
What about the legitimate people who didnt buy the visa and due to USCIS, struck in GC black hole...? Do you have any way to segregate bad apple from good one. You just want to throw the baby with bath water. Period.
Do you think that purchasing H1B visa is Okay as per us rules ? It was never legal. It is not that they made a new law or changed a rule. They just said , we know where was the hole and they put some bricks there. So your logic they will do to EAD and GC is pure speculation. Yes during second world war they arrested people with Japanese connection.
They have not banned H1B . Period. Why I am happy ? Because now there will be direct relation between job and H1B. No illusion of fake job. Second, now only good companies will be their ( Accenture , deloitte ) and they will need H1b consultant. Mark my word, US companies can not live without H1B and they will hire H1b directly and will sponsor them.
These companies will never bill below a low limit. The Indian body shop and their gulam agree for any rate ( yes even10$/hr for tester job ) and kills the market. It will usher a new era ( good ) for H1B. Due to these cheap desi dallas real companies never felt the need for sponsoring H1B. In my own case , the client did not give offer to perm because I was cheaper in contract to them. Finally when I resigned and on last day of my 2 week notice period client offered me to sponsor H1B. I refused as some one else had already filed my H1b and I continued there. I am happy for the beginning of this new body shop free time.
What about the legitimate people who didnt buy the visa and due to USCIS, struck in GC black hole...? Do you have any way to segregate bad apple from good one. You just want to throw the baby with bath water. Period.
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pmb76
04-01 03:33 PM
The BJP is the only party that can lead India in a sane manner. The various issues that stand before India :
- Free market reform that has been strangled by the communists and congress
- National security . For the congress and other so called secular forces - criticizing terrorism/pakistan is tantamount to criticizing Islam. They jail Varun Gandhi for making divisive comments(agreed that the comments are in bad taste) but what about the Imam Bukharis and Mulayam singhs who make divisive comments every single day.
- The concept of nationalism and pride was first felt during the years when Vajpayee was PM. To be honest I never felt proud to be Indian until AB Vajpayee became PM
- Infrastructure development. The BJP is more free market than any other party. the Vajpayee administration started so many infrastructure schemes like the golden quadrilateral national highway and various others.
- The BJP is the only party with true nationalists. You may blame them for being right wing hindus but they have more secular credentials than the congress or other so called secular forces. Now let's get this straight - Radical Islam is the biggest threat to world peace and the BJP is the only party at the national level that recognizes this threat.
Agreed that there could be corruption in the BJP/NDA as well but atleast you know what you are getting into. Manmohan Singh is the weakest PM India has ever had whose sole goal in life is to please his masters - the Gandhi family.
All in all you will find faults with everyone - you have to back the least of all evils.
- Free market reform that has been strangled by the communists and congress
- National security . For the congress and other so called secular forces - criticizing terrorism/pakistan is tantamount to criticizing Islam. They jail Varun Gandhi for making divisive comments(agreed that the comments are in bad taste) but what about the Imam Bukharis and Mulayam singhs who make divisive comments every single day.
- The concept of nationalism and pride was first felt during the years when Vajpayee was PM. To be honest I never felt proud to be Indian until AB Vajpayee became PM
- Infrastructure development. The BJP is more free market than any other party. the Vajpayee administration started so many infrastructure schemes like the golden quadrilateral national highway and various others.
- The BJP is the only party with true nationalists. You may blame them for being right wing hindus but they have more secular credentials than the congress or other so called secular forces. Now let's get this straight - Radical Islam is the biggest threat to world peace and the BJP is the only party at the national level that recognizes this threat.
Agreed that there could be corruption in the BJP/NDA as well but atleast you know what you are getting into. Manmohan Singh is the weakest PM India has ever had whose sole goal in life is to please his masters - the Gandhi family.
All in all you will find faults with everyone - you have to back the least of all evils.
srinivasj
07-21 07:23 PM
my wife makes always makes fun of me everytime a quickstar guy catches me at a mall..
she says that a big BHAKRA is visible eveyrtime on your face to those guys..:)
she says that a big BHAKRA is visible eveyrtime on your face to those guys..:)
more...
digmetalq
08-17 02:42 AM
My point is Indians do not have the balls to do it. Forget americans....they can not even touch an indian MP. Every day lots common people going through this security check. Whats so special about SRK. He is king only in his mind/heart. For lot of people he is crap. No special treatment. Whats the big deal if he is detained for 1 hr. The world is not going to end
Maybe Indians don't have balls, but there is something called cultural exchange which every country share with each another. Now if SRK decides that US immigration has mistreated him and he decides not to enter US, world is not going to fall down. Recently I heard that HOLLYWOOD wants to come BOLLYWOOD to make investments, maybe out of bussiness sense HOLLYWOOD should support SRK. Big B recently refused doctorate from Aussie unversity in support of Indian students mistreated in Australia. Maybe Indians don't have balls but they have brains.
Maybe Indians don't have balls, but there is something called cultural exchange which every country share with each another. Now if SRK decides that US immigration has mistreated him and he decides not to enter US, world is not going to fall down. Recently I heard that HOLLYWOOD wants to come BOLLYWOOD to make investments, maybe out of bussiness sense HOLLYWOOD should support SRK. Big B recently refused doctorate from Aussie unversity in support of Indian students mistreated in Australia. Maybe Indians don't have balls but they have brains.
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srikondoji
06-27 04:24 PM
I disagree. Christ still needs a passport and has to go through immigration check at port of entry to land in US. The easiest for HIM is to get an F-1 visa and then change to H1-B and apply a Green card.
Christ is god's son! He does not need a Green Card or any other color card :D So what is the point of making it 0?:p
Christ is god's son! He does not need a Green Card or any other color card :D So what is the point of making it 0?:p
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Circus123
02-12 12:42 PM
September 2001 will be current next month for sure ...
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NKR
02-15 06:34 PM
probably true but because most of them are on H4 which means someone else in their family is H1.
what will they do at home anyway?. wouldn't it be better if they be allowed to work than force them to go and study?
what will they do at home anyway?. wouldn't it be better if they be allowed to work than force them to go and study?
more...
ramus
07-03 08:51 PM
Done..
Thanks.
Pleeeeeeeeease blog at Employment Based (EB) Skilled Immigration Applicants (http://boards.msn.com/MSNBCboards/thread.aspx?boardid=1042&threadid=314286&BoardsParam=HIPDelay=1&PostID=7628691)
Please put details. 1 liners will not cut it!
Thanks.
Pleeeeeeeeease blog at Employment Based (EB) Skilled Immigration Applicants (http://boards.msn.com/MSNBCboards/thread.aspx?boardid=1042&threadid=314286&BoardsParam=HIPDelay=1&PostID=7628691)
Please put details. 1 liners will not cut it!
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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...
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Macaca
07-04 08:49 AM
Chanduv thanks for your efforts. A correction: retrogression started in fall of 2004
I think its is Oct 1, 2005. Please verify!
I think its is Oct 1, 2005. Please verify!
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unseenguy
05-29 11:50 AM
Yeah, but your 60k only includes AOS, not CP, right?
There are very very few CP applicants from India.
There are very very few CP applicants from India.
more...
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sounakc
07-22 01:27 PM
I have been following this thread for last couple of days and I feel I need to make few points. I remember when this amway/qucikstar thing started several of my close friends got entangled and tried to involve me. However, every time I bailed myself out by clearly mentioning to them "Right now, making lot of money is not in my top priorities. I want to focus on my carrier." Fortunately, I was able to fend off the proposals and clearly make my point.
In this thread, several of you are mentioning to ridicule, diminish, embarrass, and even socially out casting an amway/quickstar member. I feel its going a little bit too far. If you dont like to be in the amway/quickstar business stay clear of it, nobody will be able to force you in it. Setting up anti-amway websites, sharing names of the "bugging" amway members, distributing their phone numbers, and destroying their social reputation is harming the person personally, not the amway/quickstar business. We all know by now the amway/quickstar is a scam, majority of its signed members end up losing valuable time and money. How do you feel if some of your mentioned action emotionally push a distressed person off the cliff. Think about it a bit !!!
In this thread, several of you are mentioning to ridicule, diminish, embarrass, and even socially out casting an amway/quickstar member. I feel its going a little bit too far. If you dont like to be in the amway/quickstar business stay clear of it, nobody will be able to force you in it. Setting up anti-amway websites, sharing names of the "bugging" amway members, distributing their phone numbers, and destroying their social reputation is harming the person personally, not the amway/quickstar business. We all know by now the amway/quickstar is a scam, majority of its signed members end up losing valuable time and money. How do you feel if some of your mentioned action emotionally push a distressed person off the cliff. Think about it a bit !!!
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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....!!
------------------------------------------------------------------------------------------
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....!!
more...
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nonimmi
06-28 12:43 PM
This is what I'm doing. I'm flying to Nebraska service center friday night. Will put my shelter in front on PO box and will remain there until Monday morning. Once the USCIS guy comes up to pick up the mails, I'm just going to hand deliver my paper before he even opens his mail box.
Want to join me ;)
Go to NYC Apple store tonight, camp there and get iPhone tomorrow evening. You can spend your time in Nebraska more happliy!! :D
Want to join me ;)
Go to NYC Apple store tonight, camp there and get iPhone tomorrow evening. You can spend your time in Nebraska more happliy!! :D
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ramus
07-03 08:51 PM
Done..
Thanks.
Pleeeeeeeeease blog at Employment Based (EB) Skilled Immigration Applicants (http://boards.msn.com/MSNBCboards/thread.aspx?boardid=1042&threadid=314286&BoardsParam=HIPDelay=1&PostID=7628691)
Please put details. 1 liners will not cut it!
Thanks.
Pleeeeeeeeease blog at Employment Based (EB) Skilled Immigration Applicants (http://boards.msn.com/MSNBCboards/thread.aspx?boardid=1042&threadid=314286&BoardsParam=HIPDelay=1&PostID=7628691)
Please put details. 1 liners will not cut it!
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Mr. Brown
08-16 12:41 AM
The question doesn't arise because he is SRK or APJ or in future Manmohan singh. The point is does it take TWO HOURS to find the identity of the person. How did you feel when you were questioned for an hour at the POE even after staying here for 9 years and stay in US legally and paying taxes etc.. can't they have better immigration procedures in place to identify legal from illegal (LIKE biometric finger printing, etc). They have this sophisticated computer information network.. if you give your SSN they can find any data they want.. about your employer, about your pay roll, your taxes etc.. then why this delay at POE to idenfity geniune people from entering US. These actions look totally racist to me. Don't you think these (US) people know how to improve this system.. they can but there is no will to do so.. Just look at priority dates how they swing +5 years to -5 years every year (2000 to 2005). It looks like someone just picks any year between 2000 to 2005 based on his mood. Can't this developed country have a software system to predict visa number availability or to predict how the dates should advance and by how much... this is want really sucks.. this so called developed country doesn't have a system in place for immigration issues.. Just look at the people who got their green cards who's priority dates were 2006 and people from 2002 or 2003 are still waiting.. how can their system (software) allow people with older dates to wait while someone with PD 2006 get their GC.. Things can be better managed and controlled with total transperancy but there is no WILL to do so.. i am not sure if IV can play any role in pushing some reforms to have a better system in place. There was another thread discussing about IO officers visting to employee office to find geniune applications and for more details.. this is simple waste of money and resources with SSN can give you almost 90% of the details.... overall the frustration is about the System and not about SRK or APJ.
While proponents would mask this whole backlog issue as something purposefully done by the "system" I don't buy it. It is a proven disaster.
As far as the software goes clearly their programmers suck. They sure could use some help from the more efficient H1B's.
While proponents would mask this whole backlog issue as something purposefully done by the "system" I don't buy it. It is a proven disaster.
As far as the software goes clearly their programmers suck. They sure could use some help from the more efficient H1B's.
punjabi
07-22 10:40 AM
People in Quixstar and Amway can best be described as organisms who would like to prey on your humble attitude so they can eat away your wallet including your peace of mind. Like FBI, they are supposed to extract all the information about your job, relatives, wife, cousins, friends, and so on. They won't feel bad to ask as personal questions as what time you go to work, what you do on weekends, which movies you watch, what color of underwear you wear, etc. etc.
Shameless creatures!
Their bodies still run a blood of human beings (so scientifically they are still classified as among the species of humanoids) but they are left to pest around the people at places like malls and shopping centers to suck the blood out of them, just like the brown-colored-termites in the backyard of my previous house.
It is run by people with covert personalities. Look at the definition of the word 'covert' and you will understand.
One day, I was talking to my uncle in punjabi language over the phone at Target store. After the conversation ended, I found a guy standing next to me in the same aisle. He told me "You speak punjabi too? It is hard to find people who speak punjabi here. By the way, I am also from Punjab" and he extends his hands forward. He asked me my orkut id, facebook id, phone number, which company I work for, when I do get off from work, when can I meet him for a cup of coffee. Thankfully, I knew these kind of people before.
One of my friends told me that Quixstar was first known as Amway in US. And they had to change the name to avoid taxes or some kind of heavy penalty.
Next time you step out of your house, remember what your mommy told you 20 years ago:
DON'T TALK TO STRANGERS. IF THEY OFFER YOU A CANDY, JUST SMILE. POLITELY SAY NO AND WALK AWAY.
Shameless creatures!
Their bodies still run a blood of human beings (so scientifically they are still classified as among the species of humanoids) but they are left to pest around the people at places like malls and shopping centers to suck the blood out of them, just like the brown-colored-termites in the backyard of my previous house.
It is run by people with covert personalities. Look at the definition of the word 'covert' and you will understand.
One day, I was talking to my uncle in punjabi language over the phone at Target store. After the conversation ended, I found a guy standing next to me in the same aisle. He told me "You speak punjabi too? It is hard to find people who speak punjabi here. By the way, I am also from Punjab" and he extends his hands forward. He asked me my orkut id, facebook id, phone number, which company I work for, when I do get off from work, when can I meet him for a cup of coffee. Thankfully, I knew these kind of people before.
One of my friends told me that Quixstar was first known as Amway in US. And they had to change the name to avoid taxes or some kind of heavy penalty.
Next time you step out of your house, remember what your mommy told you 20 years ago:
DON'T TALK TO STRANGERS. IF THEY OFFER YOU A CANDY, JUST SMILE. POLITELY SAY NO AND WALK AWAY.
gondalguru
06-27 12:32 PM
I still believe that the rumor is true. The numbers will retrogress in middle of the month or even earlier probably by the end of first week of july. It doesn't mean that all the catagories will become unavailable. They may retrogress the numbers by 2-3 years and still have enough approvable I-485 for the last quarter of the current fiscal year.
Hurry up guys and plan to file as soon as possible.
Don't come back later crying that you were not warned.
Hurry up guys and plan to file as soon as possible.
Don't come back later crying that you were not warned.
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