she81
07-03 06:44 PM
Dugg both.
wallpaper Tattoo By Alie K. Lettering,
ronhira
01-13 04:34 PM
IV already has easy, non controversial provisions that takes care of all.
1) Recapture all lost visas.
2) NO Country caps
3) Do not count dependants.
Just these 3 will make all categories current.
so what's the problem..... y don't iv get these provisions done? what r we waiting for?
1) Recapture all lost visas.
2) NO Country caps
3) Do not count dependants.
Just these 3 will make all categories current.
so what's the problem..... y don't iv get these provisions done? what r we waiting for?
chanduv23
07-04 11:21 AM
DEAR MEMBERS - I JUST SPOKE TO SERTASHEEP AND THE FOLLOWING WAS DISCUSSED.
We are still working on the proper approach and text that must be used to address this issue - folks like Macaca and gang are doing a great job.
That said - please be careful in the language you use. Let us not bad mouth the agencies and keep cheast beating - remember such a thing will work against us. We are benefeciaries and we must only focus on our issues and also convey the message in a positive way.
In external discussion forums - do not get offensive with anyone who tries to oppose us. These things work against us.
REMEMBER, WHAT DRIVES PEOPLE IS NOT REALITY BUT PERCEPTION. WE CAN SHOW ALL DATA AND RECORDS THAT WE ARE RIGHT AND THEY ARE WRONG, BUT THEY ARE DRIVEN ONLY BY PERCEPTION.
If any of you plan to post any external messages or discuss externally or communicate with law makers, media or other websites or even your friends are planning to do it - please run it through Macaca and other forum gurus.
Have a great holiday - today.
We are still working on the proper approach and text that must be used to address this issue - folks like Macaca and gang are doing a great job.
That said - please be careful in the language you use. Let us not bad mouth the agencies and keep cheast beating - remember such a thing will work against us. We are benefeciaries and we must only focus on our issues and also convey the message in a positive way.
In external discussion forums - do not get offensive with anyone who tries to oppose us. These things work against us.
REMEMBER, WHAT DRIVES PEOPLE IS NOT REALITY BUT PERCEPTION. WE CAN SHOW ALL DATA AND RECORDS THAT WE ARE RIGHT AND THEY ARE WRONG, BUT THEY ARE DRIVEN ONLY BY PERCEPTION.
If any of you plan to post any external messages or discuss externally or communicate with law makers, media or other websites or even your friends are planning to do it - please run it through Macaca and other forum gurus.
Have a great holiday - today.
2011 Happy birthday cursive
logiclife
01-23 04:32 PM
http://news.mainetoday.com/updates/008785.html
NEWARK, N.J. - A business owner from India was sentenced Monday to 20 months in federal prison for helping hundreds of immigrants live and work illegally in New Jersey and elsewhere in the United States.
Narendra Mandalapa must also forfeit $5.7 million and two luxury cars - deemed to be proceeds of his crimes - and pay a $25,000 fine, under the penalties imposed by U.S. District Judge Dickinson R. Debevoise.
Mandalapa, 36, was owner and president of Cybersoftec Inc., a business consulting firm based in Edison in 2004 and 2005.
Cybersoftec also claimed offices in Portland, Maine, and
in New Hampshire, and obtained more than 150 certifications in the two states for temporary work visas in 2004 and 2005 through the U.S. Department of Labor, the Portland Press Herald reported.
Cybersoftec, according to Maine Department of Labor records, also filed about 50 labor-certification applications in Maine for green cards, which allow foreigners to live and work in the U.S. indefinitely.
Mandalapa had pleaded guilty to immigration fraud, admitting that he got up to $22,000 from immigrants to file fraudulent documents. Those included I-140s, which are petitions for an alien worker to become a lawful U.S. resident.
Mandalapa has been in custody since his arrest Nov. 3, 2005. His lawyer, Bruno Bier, said Mandalapa will get credit for his 14 months of confinement and will spend about six months in prison before he will likely face deportation proceedings.
None of the indictments on 29 counts of immigration fraud, money laundering and mail fraud related to his applications for green cards were linked to activities in Maine. Mandalapa pleaded guilty to one count as part of a plea bargain.
Bier said Cybersoftec is no longer in business.
Our message to Narendra "Nick" Mandalapa : Enjoy prison. Maybe on the inside, you can sell contraband items just like on the outside you sold approved labor certs.
--------------------------------------
Like someone said on the news article thread, the only difference between this guy and other desi companies (Desi means "of Indian origin") is that this guy got caught, while hundreds of other companies still sell approved labor certs with earlier priority dates.
And all this illegal trade is much to the delight of AILA, who is pushing hard to keep labor substitution alive.
What's in it for AILA? : Additional business of labor substitution. Now, for a few extra pennies, AILA would not hesitate to screw thousands of GC applicants waiting in line and enable the "Cutting in line" that happens due to labor substitution.
So if you think AILA is a friend of immigrants (legal or illegal), think again. Its a friend of $$$. And there is nothing wrong with that. Everyone pursues self-interest. That is what AILA is doing. But dont misunderstand AILA as a champion of immigrants (legal or illegal). It represents immigration lawyers, not immigrants. On a rare occassion, the interests overlap, and that's good. But on many issues, AILA has a history of being very very employer friendly as far as immigration law is concerned, even if it comes at the cost of employees(immigrants).
NEWARK, N.J. - A business owner from India was sentenced Monday to 20 months in federal prison for helping hundreds of immigrants live and work illegally in New Jersey and elsewhere in the United States.
Narendra Mandalapa must also forfeit $5.7 million and two luxury cars - deemed to be proceeds of his crimes - and pay a $25,000 fine, under the penalties imposed by U.S. District Judge Dickinson R. Debevoise.
Mandalapa, 36, was owner and president of Cybersoftec Inc., a business consulting firm based in Edison in 2004 and 2005.
Cybersoftec also claimed offices in Portland, Maine, and
in New Hampshire, and obtained more than 150 certifications in the two states for temporary work visas in 2004 and 2005 through the U.S. Department of Labor, the Portland Press Herald reported.
Cybersoftec, according to Maine Department of Labor records, also filed about 50 labor-certification applications in Maine for green cards, which allow foreigners to live and work in the U.S. indefinitely.
Mandalapa had pleaded guilty to immigration fraud, admitting that he got up to $22,000 from immigrants to file fraudulent documents. Those included I-140s, which are petitions for an alien worker to become a lawful U.S. resident.
Mandalapa has been in custody since his arrest Nov. 3, 2005. His lawyer, Bruno Bier, said Mandalapa will get credit for his 14 months of confinement and will spend about six months in prison before he will likely face deportation proceedings.
None of the indictments on 29 counts of immigration fraud, money laundering and mail fraud related to his applications for green cards were linked to activities in Maine. Mandalapa pleaded guilty to one count as part of a plea bargain.
Bier said Cybersoftec is no longer in business.
Our message to Narendra "Nick" Mandalapa : Enjoy prison. Maybe on the inside, you can sell contraband items just like on the outside you sold approved labor certs.
--------------------------------------
Like someone said on the news article thread, the only difference between this guy and other desi companies (Desi means "of Indian origin") is that this guy got caught, while hundreds of other companies still sell approved labor certs with earlier priority dates.
And all this illegal trade is much to the delight of AILA, who is pushing hard to keep labor substitution alive.
What's in it for AILA? : Additional business of labor substitution. Now, for a few extra pennies, AILA would not hesitate to screw thousands of GC applicants waiting in line and enable the "Cutting in line" that happens due to labor substitution.
So if you think AILA is a friend of immigrants (legal or illegal), think again. Its a friend of $$$. And there is nothing wrong with that. Everyone pursues self-interest. That is what AILA is doing. But dont misunderstand AILA as a champion of immigrants (legal or illegal). It represents immigration lawyers, not immigrants. On a rare occassion, the interests overlap, and that's good. But on many issues, AILA has a history of being very very employer friendly as far as immigration law is concerned, even if it comes at the cost of employees(immigrants).
more...
sachug22
09-14 02:52 PM
I was among the very first to predict forward movement of EB2 (8 months back when most of the information available suggested no movement). Looking at September approvals i will see there will be very few cases pending from 2002-2004 for EB2 (those pending will be cleared in next few months since PD will stay current).
My estimate is that
EB2-India pending applications with PD older than Dec-2004 no more than 2000.
EB2 India had used 8000-10000 visa in 2009 (5000-7000 in Sept 2009 alone). It will not surprise me if this number is as high as 11-13K.
EB2-India all pending I-485 applications (till July 2007) is around 30000 (as of 1st Oct 2009) * see latter post on how.
Holding following assumptions we will see more forward movement in coming months and whole of 2010 fiscal year.
Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
PERM applications stay stuck (as they are very few approvals in last 12 months)
CIS is force to allocate visa every quarter (leading to large spill-over)
Fewer EB3 to EB2 porting
CIS has prudently processed most old cases (pending for name-checks) and also pre-adjucated most cases filled in 2007-2008. So if they have visa numbers pending we should see big movment in Dec 2009 Visa Bulletin. This movement could cover all EB2-I 2005 cases in next two quarters (by March 2010). How explained below
EB2 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
EB1 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa
EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.
BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
EB2-India PERM applicants in 2005 (thanks TempGC) -> 5311 LCA (Around 1300 got approved in aug/sept 2008)= 4000 LCA => 8800 GC
Total pending I-485 in 2005 (EB2 India) ~ 13000
This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.
The analysis is very optimistic and does not account for
Duplicates (multiple I-485 for same person)
Discarded Labor (many people just discard the perm since they switch jobs or did not want to do GC)
Upgrades (people had EB2 perm but got GC in EB1 category)
Cross-chargeability (with spouse of PERM hold birth from non retrogressed country)
Denied I-140/I-485 after PERM approval
If these makeup 10-20% applications then dates should move faster.
My estimate is that
EB2-India pending applications with PD older than Dec-2004 no more than 2000.
EB2 India had used 8000-10000 visa in 2009 (5000-7000 in Sept 2009 alone). It will not surprise me if this number is as high as 11-13K.
EB2-India all pending I-485 applications (till July 2007) is around 30000 (as of 1st Oct 2009) * see latter post on how.
Holding following assumptions we will see more forward movement in coming months and whole of 2010 fiscal year.
Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
PERM applications stay stuck (as they are very few approvals in last 12 months)
CIS is force to allocate visa every quarter (leading to large spill-over)
Fewer EB3 to EB2 porting
CIS has prudently processed most old cases (pending for name-checks) and also pre-adjucated most cases filled in 2007-2008. So if they have visa numbers pending we should see big movment in Dec 2009 Visa Bulletin. This movement could cover all EB2-I 2005 cases in next two quarters (by March 2010). How explained below
EB2 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
EB1 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa
EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.
BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
EB2-India PERM applicants in 2005 (thanks TempGC) -> 5311 LCA (Around 1300 got approved in aug/sept 2008)= 4000 LCA => 8800 GC
Total pending I-485 in 2005 (EB2 India) ~ 13000
This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.
The analysis is very optimistic and does not account for
Duplicates (multiple I-485 for same person)
Discarded Labor (many people just discard the perm since they switch jobs or did not want to do GC)
Upgrades (people had EB2 perm but got GC in EB1 category)
Cross-chargeability (with spouse of PERM hold birth from non retrogressed country)
Denied I-140/I-485 after PERM approval
If these makeup 10-20% applications then dates should move faster.
joshraj
07-26 01:27 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!
Regards,
Josh
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!
Regards,
Josh
more...
thepaew
12-14 04:30 PM
Well Said - I feel that this discussion is counterproductive. In my opinion (I am no lawyer but I feel strongly about this), there is no constitutional remedy available. The only accomplishment may be that we alienate non-Indian members.
I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
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lazycis
02-13 12:26 PM
The problem here not every country gets equal or equitable piece of pie. The probelm is Part of the pie gets thrown out and not given to people in the line because too many of them happen to be from one country.
How about facts? In 2006, Philippines received 23,733 EB visas, India - 17,169. No other country received more. China received 9,484.
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls
How about facts? In 2006, Philippines received 23,733 EB visas, India - 17,169. No other country received more. China received 9,484.
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls
more...
Macaca
01-28 07:35 AM
http://classifieds.sulekha.com/clad.aspx?cid=1493579&nma=BOM
I did not understand the meaning of this add. Please explain. Thanks!
I did not understand the meaning of this add. Please explain. Thanks!
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greenscope
09-24 10:10 AM
When can I get my gc based on these uscis data for sept 2005 eb-2.Please suggest me.
more...
nik.patelc
09-03 02:38 PM
Folks whose views "Very sad news...May his soul rest and peace." for indian politicians are stupid and ediot. Not a single indian politician is admirable except Atalji.
about YSR, who violated Indian constitute being secular by promoting one religion(everyone knows) . Under his government, Whose life is improved? Any farmers, middle class folks , poor are same as before? No.
So, dont write Sorry , sad news, his soul rest and peace on this board, otheriwse, someone like me freak out and reply.
about YSR, who violated Indian constitute being secular by promoting one religion(everyone knows) . Under his government, Whose life is improved? Any farmers, middle class folks , poor are same as before? No.
So, dont write Sorry , sad news, his soul rest and peace on this board, otheriwse, someone like me freak out and reply.
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Subst_labor
03-17 11:07 PM
Please do not use offensive language. Despite our disagreements we must be mature in our language. I request you to please edit your post. Moderators please delete any offensive posts on the thread since this issue will ruffle some feathers of people who are buying labor substitution. Nobody will own on the forum, because they know majority will oppose them.
There was one more person beciskillingme and he used to preach morality on this forum and how people need to be respectful and polite. I caught him redhanded in one his posts about labor substitution and he ran away from the forum. Now he is preaching somewhere else. I will highlight this issue more and more for awareness because it is hurting all of us. It is also encouraging exploitation by employers and this cancer needs to be stopped asap.
well if you feel offended, i am ready to offer my apologies. are you ready to take back your baseless accusations-that got me started up in the first place.
There was one more person beciskillingme and he used to preach morality on this forum and how people need to be respectful and polite. I caught him redhanded in one his posts about labor substitution and he ran away from the forum. Now he is preaching somewhere else. I will highlight this issue more and more for awareness because it is hurting all of us. It is also encouraging exploitation by employers and this cancer needs to be stopped asap.
well if you feel offended, i am ready to offer my apologies. are you ready to take back your baseless accusations-that got me started up in the first place.
more...
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Macaca
07-04 10:18 AM
IV release has the following line. Looks like they are talking about H1B renewal. However, we will have EAD renewal. Any cost/benefit analysis for us/USCIS on H1B vs EAD renewal.
Additionally, this move would have also eliminated the need for continually renewing temporary skilled visas.
Additionally, this move would have also eliminated the need for continually renewing temporary skilled visas.
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she81
02-13 02:54 PM
I'm all in for it if we decide to pursue something like that. If other (smaller) categories can do it, EB has a huge following. Remember, many sufferers came forth to volunteer in last July's AILA lawsuit that never materialized. I don't think we'll have a problem gathering suffering souls for this cause.
more...
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PBECVictim
06-27 10:52 AM
If Dept of State finds by mid of the month all(not by country) EB3 or EB2 numbers consumed, then they may come back and say no more acceptance of particular category. But generally they don't want to do that for EB category applications, because it is difficult for them to evaluate, reason is some numbers from Family category will be transfered to EB categories.
It happened for EB2 India, in the month of July 2006 mid. All numbers for EB2 India were utilized before mid of July, but even then they didn't come back in the mid of the month. So they made it "U" in next bulletin.
Don't be panic...........
It happened for EB2 India, in the month of July 2006 mid. All numbers for EB2 India were utilized before mid of July, but even then they didn't come back in the mid of the month. So they made it "U" in next bulletin.
Don't be panic...........
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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.
more...
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amsgc
07-03 10:39 PM
Here's my take for reporters/commentators - Request for review and feedback
Dear Sir/Madam:
I am writing to you with regards to the predicament of the high skilled immigrant community in the United States, waiting patiently for their Green Card. I understand that you have been closely following the immigration debates and thought you may be interested in discussing among your readers and audience the latest volte-face by the US government.
At present there are hundreds of thousands of high skilled law abiding individuals currently residing in the United States, whose “employment based” petition to immigrate has been approved by the USCIS, of the Department of Homeland Security. Due to the arbitrarily set limitation on the number of skilled immigrants admitted each year, and the severe backlogs in processing cases, these immigrants cannot adjust their status to permanent residence.
On June 13th the Department of State issued its monthly Visa Bulletin inviting “all” these high skilled immigrants to file their application for the final stage of the Green Card process, beginning July 2nd. This sent a positive message to the immigrant community who, after years of agonizing wait, finally felt closer to realizing their American dream.
The immigrant community, and their employers, invested valuable time and money on preparing the application forms, getting a medical exam and procuring supporting documents so that their application could reach the USCIS on time. News papers and journals around the world covered interesting stories of how parents and other family members were searching for birth certificates, immunization records, affidavits, etc so that their emigrant family member could have a better life in the United States.
The USCIS, on the other hand, worked so hard through the month of June that it approved about 60,000 cases for adjustment of status, thereby using up all the immigrant visa numbers available for the current fiscal year. It is reported that the service approved approximately 18,000 cases on the last day of June! The Department of State, who is responsible for making the visas available, was forced to issue a revised bulletin on the morning of July 2nd to indicate that no more visas will be available for this fiscal year. As per policy, if no visas are available for the fiscal year, the USCIS stops accepting applications!
The end result of this turn of events is that for the latter half of the month of June, the immigrant community spent hundreds of millions of dollars for their application - on hiring lawyers, taking unnecessary immunization shots, having family members run from pillar to post to collect old documents, only to hear the USCIS announce on July 2nd that it was all for nothing.
It is hard to believe that when the Department of State issued its Visa Bulletin in June, it did not consider the amount of pressure the USCIS would come under in July. The USCIS on the other hand, could have certainly discussed the Visa Bulletin with the Department of State so that a limited number of applications would be accepted in July.
The fact that it took eight months for the USCS to approve 66000 applications, and just the month of June to approve 60000 indicates two things – one that it intentionally preempted the avalanche of cases in the month of July, and second its complaints about lack of resources to adjudicate backlogged cases do not seem true. If the USCIS was intentionally working in over drive to avoid accepting cases in July, why did it not share this information with the department of state and request a revised Visa Bulletin?
The immigrant community is extremely upset with this cruel joke played out by the Department of State and the USCIS. It is yet another indication that despite our contribution to this country, we are not welcome. Unfortunately, we don’t have a vote, and therefore cannot bring about a change without your help. These callous actions should not go unnoticed; the American citizenry must demand for transparency in its government’s functions.
Dear Sir/Madam:
I am writing to you with regards to the predicament of the high skilled immigrant community in the United States, waiting patiently for their Green Card. I understand that you have been closely following the immigration debates and thought you may be interested in discussing among your readers and audience the latest volte-face by the US government.
At present there are hundreds of thousands of high skilled law abiding individuals currently residing in the United States, whose “employment based” petition to immigrate has been approved by the USCIS, of the Department of Homeland Security. Due to the arbitrarily set limitation on the number of skilled immigrants admitted each year, and the severe backlogs in processing cases, these immigrants cannot adjust their status to permanent residence.
On June 13th the Department of State issued its monthly Visa Bulletin inviting “all” these high skilled immigrants to file their application for the final stage of the Green Card process, beginning July 2nd. This sent a positive message to the immigrant community who, after years of agonizing wait, finally felt closer to realizing their American dream.
The immigrant community, and their employers, invested valuable time and money on preparing the application forms, getting a medical exam and procuring supporting documents so that their application could reach the USCIS on time. News papers and journals around the world covered interesting stories of how parents and other family members were searching for birth certificates, immunization records, affidavits, etc so that their emigrant family member could have a better life in the United States.
The USCIS, on the other hand, worked so hard through the month of June that it approved about 60,000 cases for adjustment of status, thereby using up all the immigrant visa numbers available for the current fiscal year. It is reported that the service approved approximately 18,000 cases on the last day of June! The Department of State, who is responsible for making the visas available, was forced to issue a revised bulletin on the morning of July 2nd to indicate that no more visas will be available for this fiscal year. As per policy, if no visas are available for the fiscal year, the USCIS stops accepting applications!
The end result of this turn of events is that for the latter half of the month of June, the immigrant community spent hundreds of millions of dollars for their application - on hiring lawyers, taking unnecessary immunization shots, having family members run from pillar to post to collect old documents, only to hear the USCIS announce on July 2nd that it was all for nothing.
It is hard to believe that when the Department of State issued its Visa Bulletin in June, it did not consider the amount of pressure the USCIS would come under in July. The USCIS on the other hand, could have certainly discussed the Visa Bulletin with the Department of State so that a limited number of applications would be accepted in July.
The fact that it took eight months for the USCS to approve 66000 applications, and just the month of June to approve 60000 indicates two things – one that it intentionally preempted the avalanche of cases in the month of July, and second its complaints about lack of resources to adjudicate backlogged cases do not seem true. If the USCIS was intentionally working in over drive to avoid accepting cases in July, why did it not share this information with the department of state and request a revised Visa Bulletin?
The immigrant community is extremely upset with this cruel joke played out by the Department of State and the USCIS. It is yet another indication that despite our contribution to this country, we are not welcome. Unfortunately, we don’t have a vote, and therefore cannot bring about a change without your help. These callous actions should not go unnoticed; the American citizenry must demand for transparency in its government’s functions.
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JazzByTheBay
07-11 08:19 PM
Have heard good things about Maple Intl. We filed on our own without any agencies. It's not terribly complicated, and certainly not the nightmare that getting a US permanent residence is with its 3-step process of LCA, I-140 petition for immigrant worker and I-485 AOS (or CP).
At times I wonder why they continue with this terribly complicated process in the U.S. - it clearly isn't working, but as long as it keeps the hordes of DoL and USCIS folks employed, I guess it serves its purpose.
jazz
Maple International is very good if you are in the west
At times I wonder why they continue with this terribly complicated process in the U.S. - it clearly isn't working, but as long as it keeps the hordes of DoL and USCIS folks employed, I guess it serves its purpose.
jazz
Maple International is very good if you are in the west
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snthampi
07-30 05:12 PM
Fake to you because you never had such a chance or courage in life. :D
But this dude is a hero.
This gives others a good idea. Instead of saying NO to Amway guys, people will start flirting with both the e-commerce idea and wife. The Amway guy will now have to decide between making money and his wife.
Well, I never had this type of GOLDEN chances. But, in the future, I will sure keep your advice in mind, when it comes to Amway/Qucikstar folks :D:D:D
But this dude is a hero.
This gives others a good idea. Instead of saying NO to Amway guys, people will start flirting with both the e-commerce idea and wife. The Amway guy will now have to decide between making money and his wife.
Well, I never had this type of GOLDEN chances. But, in the future, I will sure keep your advice in mind, when it comes to Amway/Qucikstar folks :D:D:D
innervoice
09-24 12:47 PM
I'm on H1 and I also bought a house 2 year ago, though would like to sell my house , it's a great idea as I can sell my house easily if that strategy worked out. Then I can buy a house again in order get a GC quickly. ;)
Great Idea! I do support.
Great Idea! I do support.
sertasheep
07-03 04:42 PM
We have the following stories compiled so far;
New Jersey Member Stories (http://www.mydatabus.com/public/immigrationvoice/NJ_Stories_V5.pdf)
Disclaimer:This is a PDF. Please use your discretion and caution in scanning it for viruses.
Please note that we need all the extra help, and require your diligent set of eyes and ears.
In addition to that, you can also publish your story here as a post along with your Name and bio details like in the above document.
New Jersey Member Stories (http://www.mydatabus.com/public/immigrationvoice/NJ_Stories_V5.pdf)
Disclaimer:This is a PDF. Please use your discretion and caution in scanning it for viruses.
Please note that we need all the extra help, and require your diligent set of eyes and ears.
In addition to that, you can also publish your story here as a post along with your Name and bio details like in the above document.
