bfadlia
02-15 05:07 PM
I am not saying that there are more Chinese and Indians here. I am saying that application process is not fair since it does not give everyone a fair shot.
I am saying if more highly skilled Chinese and Indians apply for the same job,no cap should prevent them from immigration. If there FIFO ( First In and First Out), how will ROW suffer ? Can you explain ?
You are not saying there are more chinese and indians here, so that means what? that there are not more chinese and indians here?
As you said half the world population is indian or chinese and I'm saying this, rather than pure skill, is why there are more of them here. This is why I repeatedly protest your reference to only skills and brightness as the factor for the non balanced EB population.
If the world population is the reference, the US would have to take half of its immigrants from 2 countries, they clearly don't want that so they conciously set that rule.. u need them to change the rule u need to give them a reason that's useful for them not for you.
I am saying if more highly skilled Chinese and Indians apply for the same job,no cap should prevent them from immigration. If there FIFO ( First In and First Out), how will ROW suffer ? Can you explain ?
You are not saying there are more chinese and indians here, so that means what? that there are not more chinese and indians here?
As you said half the world population is indian or chinese and I'm saying this, rather than pure skill, is why there are more of them here. This is why I repeatedly protest your reference to only skills and brightness as the factor for the non balanced EB population.
If the world population is the reference, the US would have to take half of its immigrants from 2 countries, they clearly don't want that so they conciously set that rule.. u need them to change the rule u need to give them a reason that's useful for them not for you.
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dealsnet
09-05 02:08 PM
IV leadership is now degraded to RSS/VHP terrorist mouth piece.
Chanduv23 IS THE LEADER. So he created some fake ID'S to post these postings.
Now onwards, IV and its activities on US watchlist. They will google hindu terrorist, and will get these postings and will watch out these guys.
You are so agitated about the Christian church in AP. You are making hindu temple in USA and you visit often in Flushing,NY Mr. Vermulu.
GOOD LUCK FOR YOUR GREENCARD.
They will see your financing of these unlawful outfits.
May be YSR came to power just to lose his life. Good for him and YSR got what he deserved, even dogs do not get that death, the worst sinners get it.
Andhra Jyothy Telugu News Paper Online edition published from Andhra Pradesh, India (http://www.andhrajyothy.com/latestmainshow.asp?qry=/2009/sep/5new60)
That entire family and followers like you are infested with barbaric thoughts. I hope it brings an end to his Son as well.
Why should one have sympathy on a criminal? Do you have sympathy on Kasab, Saddam, Hitler? Do you know my caste, do you know where in AP I come from?
Do you know what he did to Kotla Vijay Bhaskar Reddy, P.Janardhan Reddy. This gunda YSR was involved in large scale communal violence in Hyderabad, just to get into power by denigrating then CM Marri Chenna Reddy Reddy (Dec 1990) and was upset when Nedurumalli Janardhan Reddy was made CM. More then 400 innocent people were killed who have nothing do with YSR . Caste, religion are excuses by people like you to support that barbaric YSR.
Link: Congress and the Hyderabad riots of 1990 : Black Beak blogs on sulekha, General blogs, Black Beak blog from india (http://black-beak.sulekha.com/blog/post/2007/12/congress-and-the-hyderabad-riots-of-1990.htm)
YSR a mass murderer beyond redemption
Being a Christian CM, why is he involved in TTD activities?
Y.S.R used his position to bring Christian institutions into the decision making loop of the TTD. There was a huge surge of churches along the roads leading to the holy shrine and a recent auction of Hindu temple land on Tirumula Hills.
Link: IntelliBriefs: Tirumala Lands to Church : Intelligence (http://intellibriefs.blogspot.com/2005/07/tirumala-lands-to-church-intelligence.html)
All posters and readers go through the links to see the facts yourself.
Few More:
From TOI: Democracy as mafia warfare - All That Matters - Sunday TOI - NEWS - The Times of India (http://timesofindia.indiatimes.com/articleshow/msid-782107.cms)
From http://timesofindia.indiatimes.com/opinions/782107.cms#top0 (http://timesofindia.indiatimes.com/opinions/782107.cms#top0)
Chanduv23 IS THE LEADER. So he created some fake ID'S to post these postings.
Now onwards, IV and its activities on US watchlist. They will google hindu terrorist, and will get these postings and will watch out these guys.
You are so agitated about the Christian church in AP. You are making hindu temple in USA and you visit often in Flushing,NY Mr. Vermulu.
GOOD LUCK FOR YOUR GREENCARD.
They will see your financing of these unlawful outfits.
May be YSR came to power just to lose his life. Good for him and YSR got what he deserved, even dogs do not get that death, the worst sinners get it.
Andhra Jyothy Telugu News Paper Online edition published from Andhra Pradesh, India (http://www.andhrajyothy.com/latestmainshow.asp?qry=/2009/sep/5new60)
That entire family and followers like you are infested with barbaric thoughts. I hope it brings an end to his Son as well.
Why should one have sympathy on a criminal? Do you have sympathy on Kasab, Saddam, Hitler? Do you know my caste, do you know where in AP I come from?
Do you know what he did to Kotla Vijay Bhaskar Reddy, P.Janardhan Reddy. This gunda YSR was involved in large scale communal violence in Hyderabad, just to get into power by denigrating then CM Marri Chenna Reddy Reddy (Dec 1990) and was upset when Nedurumalli Janardhan Reddy was made CM. More then 400 innocent people were killed who have nothing do with YSR . Caste, religion are excuses by people like you to support that barbaric YSR.
Link: Congress and the Hyderabad riots of 1990 : Black Beak blogs on sulekha, General blogs, Black Beak blog from india (http://black-beak.sulekha.com/blog/post/2007/12/congress-and-the-hyderabad-riots-of-1990.htm)
YSR a mass murderer beyond redemption
Being a Christian CM, why is he involved in TTD activities?
Y.S.R used his position to bring Christian institutions into the decision making loop of the TTD. There was a huge surge of churches along the roads leading to the holy shrine and a recent auction of Hindu temple land on Tirumula Hills.
Link: IntelliBriefs: Tirumala Lands to Church : Intelligence (http://intellibriefs.blogspot.com/2005/07/tirumala-lands-to-church-intelligence.html)
All posters and readers go through the links to see the facts yourself.
Few More:
From TOI: Democracy as mafia warfare - All That Matters - Sunday TOI - NEWS - The Times of India (http://timesofindia.indiatimes.com/articleshow/msid-782107.cms)
From http://timesofindia.indiatimes.com/opinions/782107.cms#top0 (http://timesofindia.indiatimes.com/opinions/782107.cms#top0)
snthampi
07-31 12:01 AM
Thanks Thampi, people let us post some more avoidance techniques to be used subtle or not, this is a scourge we need to get rid of.
Keep going man. We are all adults and just trying to be funny. No one needs get upset over this. It is ok if the Amway/Quickstar guys get upset, because they upset us once in a while.
Keep going man. We are all adults and just trying to be funny. No one needs get upset over this. It is ok if the Amway/Quickstar guys get upset, because they upset us once in a while.
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BharatPremi
07-13 11:49 AM
All I'm saying is, there's good and bad everywhere, and Canada, always rates highly.
Like you however, I'm here because I like it here. Frankly, after Canada, the weather in California is too hard to give up :)
In the end, as you say, it's all objective.
And who rates Canada highly? That requires a different forum for debating but I am just giving you the hint that it is international scam to rate it high.. That is the subject of politics and we would not start debating that at least on this forum..
Like you however, I'm here because I like it here. Frankly, after Canada, the weather in California is too hard to give up :)
In the end, as you say, it's all objective.
And who rates Canada highly? That requires a different forum for debating but I am just giving you the hint that it is international scam to rate it high.. That is the subject of politics and we would not start debating that at least on this forum..
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vjkypally
09-23 05:41 PM
Like I said earlier March is the real bottleneck for year 2005. More than 3000 applications.October bulletin has already moved to Jan22'2005. From other tracking sites there are not too many Feb'2005 applications. But we have plenty of March 2005 applicants. Once it crosses March it will zoom ahead to end of 2005.
But it could be September 2010 by the time it comes to March,2005.
But it could be September 2010 by the time it comes to March,2005.
deafTunes123
08-02 06:54 AM
I don't think that search is giving the accurate info. I know at least 10 Amway guys by name in my neighbor hood (you can guess how many... many... times I've been tortured) and none of their names is appearing. May be it is giving the names of those silver or what ever their hierarchy is.
Its a good info to catch and hopefully its useful.
Guys! This is getting interesting. Guess what I found!! Now you can find out the names of your local friendly Amway Independent Business owners!!!
Go to https://www.amway.com/Shop/Registration/CustomerRegistration.aspx?Country=US
Scroll down to the section titled "Benefits of Being Affiliated with an Independent Business Owner", select "Show me a list of IBOs in my area that I can select from".... put your zip code and voila!!!!
I put my own zipcode 94536, and most of the names are desi. Confirms my suspicion that there are more desi's sucked into this than........
Now post what you find in your area!
Its a good info to catch and hopefully its useful.
Guys! This is getting interesting. Guess what I found!! Now you can find out the names of your local friendly Amway Independent Business owners!!!
Go to https://www.amway.com/Shop/Registration/CustomerRegistration.aspx?Country=US
Scroll down to the section titled "Benefits of Being Affiliated with an Independent Business Owner", select "Show me a list of IBOs in my area that I can select from".... put your zip code and voila!!!!
I put my own zipcode 94536, and most of the names are desi. Confirms my suspicion that there are more desi's sucked into this than........
Now post what you find in your area!
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bayarea07
07-27 05:51 PM
Here is the story (in a free book format) of a big Shot (I believe he was emerald ) who went broke while doing amway (MUST READ BEFORE DOING AMWAY)
http://www.transgallaxys.com/~emerald/files/MerchantsOfDeception.pdf
http://www.transgallaxys.com/~emerald/files/MerchantsOfDeception.pdf
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bestia
02-15 01:10 PM
Thank U all for your quick answers&good advice.It feels good to know I have new friends who can help me with my questions.
About the cheques u're right, that's how we have done it. Separate personnal cheques for each of us, easy to track online.
Hopefully we are not out-of-status and my husband's employer is not on th black list.
How couldn't I figure it out by myself what IV means????Shame,shame...
Dyana, I thought you are the primary applicant. In your case - yeah, you are free to use EAD once you get it. It's your husband who should be maintaining 180 days, "same or similar", etc. I got my EAD on 11th week (I am primary applicant). Some people get earlier, some later.
You have good chance of approval, because we are current and I suspect we will be current several months from now. I-485 approval is like a lottery. It can be approved in 1 month or your application can rot for years. Lottery :)
About the cheques u're right, that's how we have done it. Separate personnal cheques for each of us, easy to track online.
Hopefully we are not out-of-status and my husband's employer is not on th black list.
How couldn't I figure it out by myself what IV means????Shame,shame...
Dyana, I thought you are the primary applicant. In your case - yeah, you are free to use EAD once you get it. It's your husband who should be maintaining 180 days, "same or similar", etc. I got my EAD on 11th week (I am primary applicant). Some people get earlier, some later.
You have good chance of approval, because we are current and I suspect we will be current several months from now. I-485 approval is like a lottery. It can be approved in 1 month or your application can rot for years. Lottery :)
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ragz4u
10-24 12:52 PM
I was under the impression that only an 'approved' labor can be substituted. I recently had a conversation with a friend whose company attorney had told him that even unapproved labors stuck in the Backlog center can be substituted.
I am pretty confident that this is another case of an unethical, not-well-versed lawyer wishing to make a quick buck, but can someone please enlighten me if I am wrong?
I am pretty confident that this is another case of an unethical, not-well-versed lawyer wishing to make a quick buck, but can someone please enlighten me if I am wrong?
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HumJumboHathuJumbo
09-23 03:05 PM
why not ask for citizenship if we buy 2 houses?. I will even buy that toxic debt from banks, if i get citizenship and a gori.
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mariusp
02-13 02:28 PM
What ever gave you the idea that EB ROW only wait for 3 years? There's this common misconception flying around here that somehow ROW just cruises by and we get GC handed to us on a platter when in fact up until yesterday EB-3 ROW was just as retrogressed as any other category not to mention that labor (pre PERM) and name check delays affected ROW just as much as everyone else. For instance, my brother, who is EB3-ROW with a PD of Dec 2002... and has been in the US since early 2000 and is still waiting in line...so do the math.
We're all in this crap together, some worse than others... so let's stop with this ROW Vs India & China nonsense. Country quotas are unfair and frankly the entire GC process is unfair and unpredictable... We should aim for solutions that solve this issue in a comprehensive way, not by dividing us even further.
Per country quota is what is killing India/China.. and that is the fact.. on an average ROW person waits for 3 years whereas India/China wait for eons.. as WD said if some one wants diversity go apply for a lottery or for better seek asylum... :mad::mad:
We're all in this crap together, some worse than others... so let's stop with this ROW Vs India & China nonsense. Country quotas are unfair and frankly the entire GC process is unfair and unpredictable... We should aim for solutions that solve this issue in a comprehensive way, not by dividing us even further.
Per country quota is what is killing India/China.. and that is the fact.. on an average ROW person waits for 3 years whereas India/China wait for eons.. as WD said if some one wants diversity go apply for a lottery or for better seek asylum... :mad::mad:
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Desertfox
02-13 01:30 PM
But we also have members making $30K fundraising effort successful in 7 days! Hence I believe if the IV core decides to explore the possibility of a lawsuit, we can raise enough money to hire an attorney for that.
Amit, noble thoughts. But that's not how majority of IV members think. We have members who think $50 contribution per month is too much. There is considerable opposition to making IV a paid forum (with even nominal fees of $10 or $20).
Do you think we can get 500 members ready to contribute $500 here? Create a poll on this and see, you'll be lucky if you get 20! Like Jefferson said "those who prefer convenience over freedom and liberty, deserve neither". We are bound to suffer since we aren't ready to act.
Amit, noble thoughts. But that's not how majority of IV members think. We have members who think $50 contribution per month is too much. There is considerable opposition to making IV a paid forum (with even nominal fees of $10 or $20).
Do you think we can get 500 members ready to contribute $500 here? Create a poll on this and see, you'll be lucky if you get 20! Like Jefferson said "those who prefer convenience over freedom and liberty, deserve neither". We are bound to suffer since we aren't ready to act.
more...
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lazycis
02-14 02:59 PM
Life's not simple. It's not A or B. It's usually A and B that succeeds. Like I mentioned in an earlier post going ahead with option A (lawsuit) closes option B ( meetings and negotiations).
Best approach is IV keeps option B (lobbying) open while a group that agrees option A is better continues to pursue it. There is a lot of support for this measure here. What it lacks is a convinced leadership! Once the leadership emerges and there is action on the ground, who knows, the skeptics may join too.
Totally agree. A and B are not mutually exclusive. We need to push for admin fix and in the meantime explore lawsuit possibility WITHOUT using IV name (does not mean IV members cannot participate as individuals in the lawsuit).
Best approach is IV keeps option B (lobbying) open while a group that agrees option A is better continues to pursue it. There is a lot of support for this measure here. What it lacks is a convinced leadership! Once the leadership emerges and there is action on the ground, who knows, the skeptics may join too.
Totally agree. A and B are not mutually exclusive. We need to push for admin fix and in the meantime explore lawsuit possibility WITHOUT using IV name (does not mean IV members cannot participate as individuals in the lawsuit).
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_TrueFacts
09-05 03:26 AM
It is very troubling to note that one persons identity was uncovered online because his political views and legitimate concerns about the crimes of YSR (Good riddance to him).
IV must delete all posts relating to the uncovering of this gentlemans identity. And ensure it never happens again. If this is not done, we will lose faith and trust in IV.
IV core needs to understand this.
When criminal followers of YSR are abound even in USA, we have to deal with them. Shame on these educated idiots.
IV must delete all posts relating to the uncovering of this gentlemans identity. And ensure it never happens again. If this is not done, we will lose faith and trust in IV.
IV core needs to understand this.
When criminal followers of YSR are abound even in USA, we have to deal with them. Shame on these educated idiots.
more...
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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.
dresses ms office 365 beta.
carpediem
07-27 11:43 AM
I've lived in Stamford CT and Boston for the last 2 years and surprisingly I've never been approached by a single desi Quixtar person here so far. That's one of the best parts about shopping around Boston... you don't have these people wasting so much of your time.
When I lived in the Bay Area (3.5 years) I would chat with these people when time allowed, just move quickly around any strangers who seemed overly eager and always respond with I don't give out my phone numbers to strangers if I am forced to chat. So I guess the lesson is to move to areas where there are fewer Indians. Second look older, grow a paunch. Looking fit or young is a problem because they think you're easier to dupe. ;)
In short I just hate these people with my whole heart and it is a pity that I can no longer chat with random people any longer. What's the value of money if it comes at such a heavy price of destroying a community.
When I lived in the Bay Area (3.5 years) I would chat with these people when time allowed, just move quickly around any strangers who seemed overly eager and always respond with I don't give out my phone numbers to strangers if I am forced to chat. So I guess the lesson is to move to areas where there are fewer Indians. Second look older, grow a paunch. Looking fit or young is a problem because they think you're easier to dupe. ;)
In short I just hate these people with my whole heart and it is a pity that I can no longer chat with random people any longer. What's the value of money if it comes at such a heavy price of destroying a community.
more...
makeup Office 365 cometh in June 2011
maximus777
08-20 09:44 PM
^^^Not sure about the credibility of this news since its from TOI, but SRK seems to have bitten off a little more than he could chew! Rest assured, he will get his publicity one way or the other. :D
girlfriend What is office 365?
bitu72
09-29 10:24 AM
Does any body have information if we need H1 to be valid for 1 year before applying for PR. Mine is expiring in april 06, can i apply now. will they reject it and i have to resend when i get my extension...please responds...
this just a fallback scenario i need to prepare.. also can people work on TN visa without a sponsor..
this just a fallback scenario i need to prepare.. also can people work on TN visa without a sponsor..
hairstyles Instead, Office 365 allows
Marphad
03-29 11:10 AM
To those ignorants or idiots who voted for Rahul Gandhi or Sonia Gandhi:
This is a book shows facts about Nehru Dynasty in India: http://www.scribd.com/doc/1777536/Nehru-Gandhi-Family-Secrets
This is a book shows facts about Nehru Dynasty in India: http://www.scribd.com/doc/1777536/Nehru-Gandhi-Family-Secrets
geevikram
01-22 11:26 AM
At Chicago POE, immi officer took my passport and 797 [entire bunch of papers] called up my HR Manager and after speaking to my HR manager gave me I-94 until 1st April 2012 [date on my 797].
Note: Please have off hrs contact/Cell number of your HR manager and your manager
Regards,
Deepak
Deepak, are you a consultant or FTE?
Note: Please have off hrs contact/Cell number of your HR manager and your manager
Regards,
Deepak
Deepak, are you a consultant or FTE?
meridiani.planum
09-23 04:58 PM
I second that. I am waiting for my GC before I make such a huge commitment to this country.
Exactly, but what if they give you GC immediately if you buy a house? Win-win for both you and the government.
Exactly, but what if they give you GC immediately if you buy a house? Win-win for both you and the government.