gc_on_demand
06-15 01:29 PM
I believe in luck in the GC process. Before 2005 PERM process, many folks applied in states where Labor was fast. They were able to get greencards within a couple of years while others were stuck in Labor Backlog centers (http://immigrationvoice.org/index.php?option=com_content&task=view&id=67&Itemid=50). Some cleared all hurdles and got stuck in namechecks for years. Until 2007 Namecheck was a big scare. (http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61)
Many people could not file in July 07 for various reasons. Some people were born in India but were brought up in other country. Even they are stuck. Some people decided to rise in their careers and changed jobs on H1. While they did rise, but lost in the grreencard PD race.
So definitely luck pays its role.
me and some other people may be lucky individually to get PERM and I 140 get clear just before economy collapsed in early 2008. But now we are facing MASS UNLUCK OF INDIA.
Just kidding..
Many people could not file in July 07 for various reasons. Some people were born in India but were brought up in other country. Even they are stuck. Some people decided to rise in their careers and changed jobs on H1. While they did rise, but lost in the grreencard PD race.
So definitely luck pays its role.
me and some other people may be lucky individually to get PERM and I 140 get clear just before economy collapsed in early 2008. But now we are facing MASS UNLUCK OF INDIA.
Just kidding..
wallpaper Pre-CAN: Kerry and Mark Croft
RandyK
05-01 02:46 PM
Dude,
DO NOT bring politics into this forum.
LTTE is a terrorist organization banned all over the world, first by India and US.
If you go read about the situation on the UN site you will find out that the civilians are held hostage by the LTTE and that is the main reason for the civilians to be in this situation.
If you want to see what LTTE is doing to their OWN people click on the link below and click on the link on the right hand side on top. You will see like 20 LTTE terrorists shooting at like 5000 tamils trying to escape from them. This was taken from a UAV of the SL Gov like a week ago.
http://www.defence.lk/hm/hm.asp
DO NOT bring politics into this forum.
LTTE is a terrorist organization banned all over the world, first by India and US.
If you go read about the situation on the UN site you will find out that the civilians are held hostage by the LTTE and that is the main reason for the civilians to be in this situation.
If you want to see what LTTE is doing to their OWN people click on the link below and click on the link on the right hand side on top. You will see like 20 LTTE terrorists shooting at like 5000 tamils trying to escape from them. This was taken from a UAV of the SL Gov like a week ago.
http://www.defence.lk/hm/hm.asp
snathan
01-14 10:59 AM
I understand. But it's true. I have many friends and these body shoppers don't pay for their medical insurance and all of my friends have a tough time - even Kforce etc doesn't pay if you're a contractor directly hired by them. Infosys, TCS pays and provides all kinds of benefits for people on H1, I don't know what ppl are against companies that have good business practice.
Deloitte, Accenture, IBM brings ppl from other countries on L1 - why balme Infosys, TCS.
Check what they are paying. I know a company which charges $110-$130 ph to the client and payes around $30K for the employee in L1. Is it good business practice...? Not only desi consulting cos...these a$$ also the reason we are in this mess today. Just imagine when the antis comes to know that 30K pa salary....
Deloitte, Accenture, IBM brings ppl from other countries on L1 - why balme Infosys, TCS.
Check what they are paying. I know a company which charges $110-$130 ph to the client and payes around $30K for the employee in L1. Is it good business practice...? Not only desi consulting cos...these a$$ also the reason we are in this mess today. Just imagine when the antis comes to know that 30K pa salary....
2011 her estranged Mark Croft,
pitha
09-25 12:20 PM
The pending perm applications are the missing piece of information to predict the visa bulletin. Is it possible to get this information from the perm database. I though the perm database was for the approved perm cases. I am sure there is some database (maybe the perm database itself) where we can figure out the pending perm cases. I will search for it, guys please all look into it aswell.
Can some one who has parsed the PERM database earlier get the count of pending PERM cases as of today (or the lasted available)?
Can some one who has parsed the PERM database earlier get the count of pending PERM cases as of today (or the lasted available)?
more...
JA1HIND
02-13 11:27 AM
Way to go Arvind..... Chandu pls note 2 contributors without even a campaign launch.
But on the flip side I totally agree with Walkingdude that once IV files a case then it is the end of discussion and everything else. So again consult a good lawyer actually a very good lawyer.....and then decide to proceed.
We will stand with whatever our IV core decides but lets give it a serious thought
IV team & friends, please remember this is just my first phase of contribution and can go beyond than what I confirmed if we know how much it's going to cost.....
Go IV team, you have my Nth degree of support in this matter and will do as much as I can.....you all are doing great..
But on the flip side I totally agree with Walkingdude that once IV files a case then it is the end of discussion and everything else. So again consult a good lawyer actually a very good lawyer.....and then decide to proceed.
We will stand with whatever our IV core decides but lets give it a serious thought
IV team & friends, please remember this is just my first phase of contribution and can go beyond than what I confirmed if we know how much it's going to cost.....
Go IV team, you have my Nth degree of support in this matter and will do as much as I can.....you all are doing great..
amsgc
07-04 11:53 AM
Please post good reliable estimate of cost for applying with ALL possible break ups. I know the following only!
Cost of applying = application fee ($795 ??) + Lawyer fee + others (= medical + pictures + ...)
Also, which parts are lost if we have to re-apply!
Avg. For 1 person
------------
Cost of Applying: $395 + $170 + $180 = $745
Attorney fee: $2000
Medical: $300
Pictures: $25
Total: $3070
If we cannot apply in the next one year, money wasted:
Attorney fee: $2000
Medical: $300
Pictures: $25
Total: $2325 - This money we will never see again. Add to this misc. expenses incurred - gas, printing, phones, courrier. Next time we will have to spend this amount again, and more as costs go up with time.
Ofcourse for some misc. expenses ran into thousands so
Cost of applying = application fee ($795 ??) + Lawyer fee + others (= medical + pictures + ...)
Also, which parts are lost if we have to re-apply!
Avg. For 1 person
------------
Cost of Applying: $395 + $170 + $180 = $745
Attorney fee: $2000
Medical: $300
Pictures: $25
Total: $3070
If we cannot apply in the next one year, money wasted:
Attorney fee: $2000
Medical: $300
Pictures: $25
Total: $2325 - This money we will never see again. Add to this misc. expenses incurred - gas, printing, phones, courrier. Next time we will have to spend this amount again, and more as costs go up with time.
Ofcourse for some misc. expenses ran into thousands so
more...
pappu
07-02 06:08 PM
Immigration Voice is compiling experiences from members on the 02/07 Visa Bulletin incident. Please see the posts below.
We encourage members to share their experiences with us. Please look at the posts below for focus and talking points, and post your stories on IV at
http://immigrationvoice.org/forum/showthread.php?p=99550#post99550
with details on:
a) Your current Green Card Status
b) If you have yet sent in your I-485 application
c) Your contact details along with Name and handle on IV. IV is mindful of your privacy and will share this information externally only with prior consent. No anonymous write-ups, please
d) IMPORTANT: We want to keep our focus in our stories only on the following issues:
- Impact of 07/02 on your application (Quality of life issues, time and money expended, inconvenience experienced, et al)
- Request USCIS /DOS to consider accepting 485s filed
- Please refrain from mentioning AILA or even questioning the mechanics of USCIS in the past few days
- Please refrain from using strong negative accusatory adjectives while refering to any federal or state agency
Some of our key members will guide you through the process.
WHAT'S BEEN DONE ALREADY
Stories that have been accepted for publishing are listed on our blog at immigrationvoice.blogspot.com
http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html
The above story ranked the highest (over 3500 views) in the last 7 days on prlog.
An additional story was also released yesterday:
http://www.prlog.org/10022854-american-dream-suspended-on-the-eve-of-july-fourth-for-several-thousand-legal-green-card-aspirants.html
WHAT YOU CAN DO
a) Distribute the above stories (Other blogs, contacts)
b) Submit more write-ups
We encourage members to share their experiences with us. Please look at the posts below for focus and talking points, and post your stories on IV at
http://immigrationvoice.org/forum/showthread.php?p=99550#post99550
with details on:
a) Your current Green Card Status
b) If you have yet sent in your I-485 application
c) Your contact details along with Name and handle on IV. IV is mindful of your privacy and will share this information externally only with prior consent. No anonymous write-ups, please
d) IMPORTANT: We want to keep our focus in our stories only on the following issues:
- Impact of 07/02 on your application (Quality of life issues, time and money expended, inconvenience experienced, et al)
- Request USCIS /DOS to consider accepting 485s filed
- Please refrain from mentioning AILA or even questioning the mechanics of USCIS in the past few days
- Please refrain from using strong negative accusatory adjectives while refering to any federal or state agency
Some of our key members will guide you through the process.
WHAT'S BEEN DONE ALREADY
Stories that have been accepted for publishing are listed on our blog at immigrationvoice.blogspot.com
http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html
The above story ranked the highest (over 3500 views) in the last 7 days on prlog.
An additional story was also released yesterday:
http://www.prlog.org/10022854-american-dream-suspended-on-the-eve-of-july-fourth-for-several-thousand-legal-green-card-aspirants.html
WHAT YOU CAN DO
a) Distribute the above stories (Other blogs, contacts)
b) Submit more write-ups
2010 saying that Mark Croft has
swo
07-13 01:28 PM
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..
More empty rebuttal from you. Quite remarkable.
2007 rankings - http://www.citymayors.com/features/quality_survey.html
2005 rankings - http://news.bbc.co.uk/2/hi/business/4306936.stm
UN Human Development Index 2006 - http://en.wikipedia.org/wiki/Human_Development_Index
So. You see. While there are many criteria that would rank the US over Canada (and by the way, the economy of the last 5-6 years would NOT be one of them), there is plenty of food for thought for those that consider Canada as one option of perhaps several.
More empty rebuttal from you. Quite remarkable.
2007 rankings - http://www.citymayors.com/features/quality_survey.html
2005 rankings - http://news.bbc.co.uk/2/hi/business/4306936.stm
UN Human Development Index 2006 - http://en.wikipedia.org/wiki/Human_Development_Index
So. You see. While there are many criteria that would rank the US over Canada (and by the way, the economy of the last 5-6 years would NOT be one of them), there is plenty of food for thought for those that consider Canada as one option of perhaps several.
more...
srikondoji
07-03 09:50 PM
Under the section "Why does it hurt?
Lawyers who charged upwards of $2000 for filing will not refund the service fee, so candidates have to pay again when dates become current in future.
The biggest loss is the trust, coz, next time people will not believe these mid month bulletins at all as they can come around anytime and revise the dates. So, applicants will always have to live in fear untill they receive the receipt.
I am trying an outline for sending to media + lawmakers + ...
The following is a very rough draft without reading some of the letters posted in the thread. I will read the posts tomorrow and polish it by tomorrow evening. I will need everyone's input since I don't know all the issues.
Introduction
Retrogression in GC process.
What happened
USCIS announced at the time the forms were due.
Applicants started filling forms 2-3 weeks before July 2.
Applicants changed their schedules to submit forms.
Advantages of EAD + AP
Don't know all!
Travel without visa -> saves Embassy overhead.
Spouse can work.
Can switch job.
Why does it hurt
Medical will not be valid after 1 year.
Rejected June filers can not file.
June filers did not file because they thought they will file in July.
Fees more then doubling
Name checking (which can take 1+ year) done in parallel with waiting for GC #.
Load balancing for USCIS.
USCIS which is supported 90% by application fee needs to care for applicants.
Very little chance of legislative relief for a looong time.
Lawyers who charged upwards of $2000 for filing will not refund the service fee, so candidates have to pay again when dates become current in future.
The biggest loss is the trust, coz, next time people will not believe these mid month bulletins at all as they can come around anytime and revise the dates. So, applicants will always have to live in fear untill they receive the receipt.
I am trying an outline for sending to media + lawmakers + ...
The following is a very rough draft without reading some of the letters posted in the thread. I will read the posts tomorrow and polish it by tomorrow evening. I will need everyone's input since I don't know all the issues.
Introduction
Retrogression in GC process.
What happened
USCIS announced at the time the forms were due.
Applicants started filling forms 2-3 weeks before July 2.
Applicants changed their schedules to submit forms.
Advantages of EAD + AP
Don't know all!
Travel without visa -> saves Embassy overhead.
Spouse can work.
Can switch job.
Why does it hurt
Medical will not be valid after 1 year.
Rejected June filers can not file.
June filers did not file because they thought they will file in July.
Fees more then doubling
Name checking (which can take 1+ year) done in parallel with waiting for GC #.
Load balancing for USCIS.
USCIS which is supported 90% by application fee needs to care for applicants.
Very little chance of legislative relief for a looong time.
hair husband Mark Croft.
chanduv23
02-04 09:10 AM
:(
http://www.murthy.com/nflash/nf_020207.html
Looks like the final version may be different and may have some loopholes to satisfy AILA and employer lobby.
http://www.murthy.com/nflash/nf_020207.html
Looks like the final version may be different and may have some loopholes to satisfy AILA and employer lobby.
more...
pappu
04-01 12:45 PM
Calm down everyone.
The thread was posted in a seperate area we have created for such posts. As Marphad said, you cannot discuss immigration all day. IV is a platform for everyone in the community to be together. If you just talk about immigration, we may not get the number of people we need for action items. When we start action items to make calls, send faxes etc, we want people sending it in thousands and not hundreds. It hurt us last year when we had such action items and participation was thin. If we make the forums strictly to discuss immigration it will hurt us in time of need when we will desperately need massive participation. This is part of a plan in moving forward for IV and we are building a platform for immigrants to come and stay here and consider it as their home. This work is still under process and you will see its fruits when we have a big bill like CIR. There is a possibility of CIR after August and we need to be ready for it. We are hearing health care reform coming before CIR at this time. There is pressure from CHC and it will be tough to ignore.
So do not get emotional and start fighting. It is tme to be united and increase the membership of our community. We will need to burn the phone lines and jam the fax machines with our participation when the time comes.
I have deleted my post on this thread. As an administrator I represent IV and I will keep in mind not to air my personal views on politics as they can be misinterpreted as IV's views.
Thanks.
The thread was posted in a seperate area we have created for such posts. As Marphad said, you cannot discuss immigration all day. IV is a platform for everyone in the community to be together. If you just talk about immigration, we may not get the number of people we need for action items. When we start action items to make calls, send faxes etc, we want people sending it in thousands and not hundreds. It hurt us last year when we had such action items and participation was thin. If we make the forums strictly to discuss immigration it will hurt us in time of need when we will desperately need massive participation. This is part of a plan in moving forward for IV and we are building a platform for immigrants to come and stay here and consider it as their home. This work is still under process and you will see its fruits when we have a big bill like CIR. There is a possibility of CIR after August and we need to be ready for it. We are hearing health care reform coming before CIR at this time. There is pressure from CHC and it will be tough to ignore.
So do not get emotional and start fighting. It is tme to be united and increase the membership of our community. We will need to burn the phone lines and jam the fax machines with our participation when the time comes.
I have deleted my post on this thread. As an administrator I represent IV and I will keep in mind not to air my personal views on politics as they can be misinterpreted as IV's views.
Thanks.
hot Mark Croft
Kodi
05-12 10:59 AM
What exactly is LTTE is asking for? They're asking for a seperate land within sri lanka and make it part of Tamil Nadu. So along that line of thought then why is India fighting for Kashmir?
Some of you are talking about a policy change. Can you tell me which policies that's in practice NOW discriminates tamils?
Read the artical below when u have time.
http://www.defence.lk/new.asp?fname=20090310_04
Some of you are talking about a policy change. Can you tell me which policies that's in practice NOW discriminates tamils?
Read the artical below when u have time.
http://www.defence.lk/new.asp?fname=20090310_04
more...
house A source close to Kerry told how on Wednesday Mark revealed to her that he#39;d
samay
07-14 06:23 AM
I have applied for 485 last year and I already have I-140 approved so I meet the criteria for AC21.
My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.
I suggest you apply for your EAD as soon as you can. It allows you a lot more flexibility and also helps with other issues such as the drivers license.
My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.
I suggest you apply for your EAD as soon as you can. It allows you a lot more flexibility and also helps with other issues such as the drivers license.
tattoo Nissan Kerry Katona Mark Croft
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...
pictures husband Mark Croft.
PlainSpeak
01-13 04:54 PM
i'll not tell anyone that u'r gcperm.... ok?
btw, no one is freaked out knowing that u'r gcperm..... i guess no one cares for u....
Ahh my friend Ron if you are trying to get me to feel bad with your statement i guess no one cares for u.... then all i can say is Better Luck Next Time
I dont care if anyone cares for me or not peronally or w.r.t. what i have stated in this forum.
If people abuse that is their problem not mine. Sure i wil lfeel bad but it would be feeling bad for them not feel bad :P
If people do not agree with me that is also ok since that is their right
If people do not care for what i am saying that is also ok because the whle idea is that people on thsi forum start thinking about all options (Out of te box solutions)
And seriopusly my friend if my intention was to convert or sway a whole bunch of people (Which i have no Intention of doing) within a day that would not be much of a challenge right ? because nothing comes for free (read that as without effort) in this country. I believe that is one of the slogans of IV. And guys i just borrowed it so dont hit on me saying i am now using IV slogans for myself
Peace ...
btw, no one is freaked out knowing that u'r gcperm..... i guess no one cares for u....
Ahh my friend Ron if you are trying to get me to feel bad with your statement i guess no one cares for u.... then all i can say is Better Luck Next Time
I dont care if anyone cares for me or not peronally or w.r.t. what i have stated in this forum.
If people abuse that is their problem not mine. Sure i wil lfeel bad but it would be feeling bad for them not feel bad :P
If people do not agree with me that is also ok since that is their right
If people do not care for what i am saying that is also ok because the whle idea is that people on thsi forum start thinking about all options (Out of te box solutions)
And seriopusly my friend if my intention was to convert or sway a whole bunch of people (Which i have no Intention of doing) within a day that would not be much of a challenge right ? because nothing comes for free (read that as without effort) in this country. I believe that is one of the slogans of IV. And guys i just borrowed it so dont hit on me saying i am now using IV slogans for myself
Peace ...
dresses to Mark Croft, no.
chantu
03-30 10:55 AM
I believe there were some junkies called Left were holding the Govt and MMS as hostages.... Thats why there is no reform...
snathan....do you really believe MMS runs the govt on his own? Do you really think there is no interference of any family in the decision making? Our PM, MMS in the last 5 years never visited all the states in the country. He never established contact with aam aadmi. MMS needs certificate from Rahul Gandhi that he is doing a good job. The person who has self respect will never become PM in these circumstances. MMS is holding PM's chair until Rahul Gandhi becomes "mature" enough to rule..yes rule..because this family has always ruled the nation and never governed it.
No person with self respect will ever vote for this party and their chaprasis.
snathan....do you really believe MMS runs the govt on his own? Do you really think there is no interference of any family in the decision making? Our PM, MMS in the last 5 years never visited all the states in the country. He never established contact with aam aadmi. MMS needs certificate from Rahul Gandhi that he is doing a good job. The person who has self respect will never become PM in these circumstances. MMS is holding PM's chair until Rahul Gandhi becomes "mature" enough to rule..yes rule..because this family has always ruled the nation and never governed it.
No person with self respect will ever vote for this party and their chaprasis.
more...
makeup Mark Croft#39;s moniker inked
bfadlia
02-16 02:53 PM
I beleive Kuhelica and bfadlia have been planted by anti-immigrants to spread poison and hate in people's mind. looking at the number of posts they have posted, it seems like they are new members who are out there to sabotage the reforms that we have been talking about.
We do not have to spend our energy and time answering each and every post of theirs. they do not deserve our time nor they are intelligent enough to rationalise.
I and a couple of us have been repeatedly telling that we do not want ROW people to be affected nor we want country quota to be removed, but they have been targetting our race, our country, it has jealously writ all over... Just ignore them and move on. the more forward we move the more backward they stay..
man.. u can click on a user and see all the posts he sent, so good luck
i must have joined two years and participated in topics all this time so that i today i get a chance to destroy IV.. plz put down the 007 book and listen for once..
u can't see that people started belittling ROWs here first.. then i admit it's a waste of time to try to reason with u
We do not have to spend our energy and time answering each and every post of theirs. they do not deserve our time nor they are intelligent enough to rationalise.
I and a couple of us have been repeatedly telling that we do not want ROW people to be affected nor we want country quota to be removed, but they have been targetting our race, our country, it has jealously writ all over... Just ignore them and move on. the more forward we move the more backward they stay..
man.. u can click on a user and see all the posts he sent, so good luck
i must have joined two years and participated in topics all this time so that i today i get a chance to destroy IV.. plz put down the 007 book and listen for once..
u can't see that people started belittling ROWs here first.. then i admit it's a waste of time to try to reason with u
girlfriend that leech Mark Croft.
srkamath
07-17 11:42 AM
The Problem is isolating EB-2 India from the Perm Approvals.
EB2 were ~ 35% of India approvals between Mar-05 to Oct-05, then it ramped up to ~65% - 70% for most of FY 2006.
Total EB2 IN cases per year 2006 onwards were north of 18,000, which implies at least 40,000 Visas including dependants.
Method: Apply filters for - Approved - India - Level I - bakers, cooks, elementary school teachers etc.
This will slightly overestimate the EB2 IN numbers.
Remember to remove the previous year's applicants as their PD will be the previous year, add them to the prev. year's estimate.
EB2 were ~ 35% of India approvals between Mar-05 to Oct-05, then it ramped up to ~65% - 70% for most of FY 2006.
Total EB2 IN cases per year 2006 onwards were north of 18,000, which implies at least 40,000 Visas including dependants.
Method: Apply filters for - Approved - India - Level I - bakers, cooks, elementary school teachers etc.
This will slightly overestimate the EB2 IN numbers.
Remember to remove the previous year's applicants as their PD will be the previous year, add them to the prev. year's estimate.
hairstyles of Kerry and Mark Croft#39;s
sobyb
05-01 04:04 PM
Hi Keeme,
My post was not about double standards BUT about opposing terrorism, it doesn't matter if its LTTE, KHALISTAN, TALIBAN or any other organisation which terrorises the society. These terrorists outfits should be handled beyond any religious, linguistic or any other consideration.
Regarding support for common man/community, we should oppose any human rights violation against any individual/community, there shouldn't be any double standards BUT at the same time action against terrorist outfits should not be compromised.
My post was not about double standards BUT about opposing terrorism, it doesn't matter if its LTTE, KHALISTAN, TALIBAN or any other organisation which terrorises the society. These terrorists outfits should be handled beyond any religious, linguistic or any other consideration.
Regarding support for common man/community, we should oppose any human rights violation against any individual/community, there shouldn't be any double standards BUT at the same time action against terrorist outfits should not be compromised.
okuzmin
10-05 06:15 AM
I sent my application to Buffalo early Sep., however, have not received the receipt # yet. My friend told me it only took a couple of weeks for him to get his last year.
Just wonder how long it is gonna take, thanks for any headsup!
My experience:
- sent all documents to Buffalo on 11/21/2005
- documents were accepted around 12/02/2005 (the payment receipt I got back has this date on it)
- official case acceptance date on the letter is 12/08/2005
- the letter arrived around 12/15/2005
So, about a month for processing and mailing. If there is something missing in the document package, they will send the whole thing back with a letter explaining what else they are looking for. I had that happen to me: the fist time I sent the docs, I didn't provide proof of staying legally in the USA for at least one year. With all processing and mailing it also took about a month.
Just wonder how long it is gonna take, thanks for any headsup!
My experience:
- sent all documents to Buffalo on 11/21/2005
- documents were accepted around 12/02/2005 (the payment receipt I got back has this date on it)
- official case acceptance date on the letter is 12/08/2005
- the letter arrived around 12/15/2005
So, about a month for processing and mailing. If there is something missing in the document package, they will send the whole thing back with a letter explaining what else they are looking for. I had that happen to me: the fist time I sent the docs, I didn't provide proof of staying legally in the USA for at least one year. With all processing and mailing it also took about a month.
Macaca
06-28 07:51 PM
I am analyzing for EB-2 (India). The current date for EB-2 India was Apr 1 2004 for month of June.
Retrogression started Oct 1 2005. Before Oct 1 2005, persons with PD < Oct 1 2005 (remember PERM) could have submitted I-485. Some (not all remember namecheck) of these would be ready for adj June 1st 2007. These applicants can be divided into 2 categories: those with PD <= Apr 1 2004 and those with PD > Apr 1 2004.
Applicants in first category will get GC in June and applicants in 2nd category will get GC in Jul. These applicants can exhaust 2007 quota.
USCIS is taking 3 weeks for notification of 485's submiited in June. I would be very surprised if they process a June submission in < 3 months. So chances of June applicant using GC number are low.
USCIS knew # applicants in above 2 categories: this appears trivial. If these applicants exhaust 2007 quota, USCIS knew that quota will get exhausted in Jul. The date can be of their choosing since the work involved must be pretty low.
A similar analysis can be done for any other category. Correct me if my dates are wrong.
Retrogression started Oct 1 2005. Before Oct 1 2005, persons with PD < Oct 1 2005 (remember PERM) could have submitted I-485. Some (not all remember namecheck) of these would be ready for adj June 1st 2007. These applicants can be divided into 2 categories: those with PD <= Apr 1 2004 and those with PD > Apr 1 2004.
Applicants in first category will get GC in June and applicants in 2nd category will get GC in Jul. These applicants can exhaust 2007 quota.
USCIS is taking 3 weeks for notification of 485's submiited in June. I would be very surprised if they process a June submission in < 3 months. So chances of June applicant using GC number are low.
USCIS knew # applicants in above 2 categories: this appears trivial. If these applicants exhaust 2007 quota, USCIS knew that quota will get exhausted in Jul. The date can be of their choosing since the work involved must be pretty low.
A similar analysis can be done for any other category. Correct me if my dates are wrong.
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