old_hat
05-01 07:27 PM
I agree with you. It really amazes me that India is not even saying "something" being a so-called "super-power" in south Asia. Until the last generation of politicians are out of the indian political system, nothing is going to change when it comes to the image or pride of India. At least we should exert out strength and take a leadership role in South Asia and show our power.
India has a history in Sri Lanka. It started long ago with IPKF. A lot of Indian lives were lost because IPKF had to fight the war with their hands tied. IPKF could have captured Pirbhakaran but they did not because Rajeev thought Tamils will not get their rights if they did so. Then Rajeev Gandhi got assassinated. A few years back LTTE had the upper hand and Sri Lankan govt wanted India to step in and help them. India did not sent the troops. now the battle has swung the other way. It is fairly complicated.
India has a history in Sri Lanka. It started long ago with IPKF. A lot of Indian lives were lost because IPKF had to fight the war with their hands tied. IPKF could have captured Pirbhakaran but they did not because Rajeev thought Tamils will not get their rights if they did so. Then Rajeev Gandhi got assassinated. A few years back LTTE had the upper hand and Sri Lankan govt wanted India to step in and help them. India did not sent the troops. now the battle has swung the other way. It is fairly complicated.
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sc3
06-27 07:37 PM
Christ is god's son! He does not need a Green Card or any other color card :D So what is the point of making it 0?:p
Please do not spread rumors, can you please point me to the rule that says so? I did not see any Immigration law saying that God's Son doesn't need a Green Card. Christ wasn't born in USA, and neither were his parents US citizens, so his chance of US naturalization comes from a path through Green Card or Asylum. I dont think Christ had a 4 year degree (recognized by USCIS), so he does not qualify for GC based on EB1/2/3 categories. He could claim asylum though religious persecution, but then I am not sure if Christianity was recognized by USCIS during Christ's time :D
Please do not spread rumors, can you please point me to the rule that says so? I did not see any Immigration law saying that God's Son doesn't need a Green Card. Christ wasn't born in USA, and neither were his parents US citizens, so his chance of US naturalization comes from a path through Green Card or Asylum. I dont think Christ had a 4 year degree (recognized by USCIS), so he does not qualify for GC based on EB1/2/3 categories. He could claim asylum though religious persecution, but then I am not sure if Christianity was recognized by USCIS during Christ's time :D
Marphad
04-20 02:08 PM
GCKaMaara is right, different people operate at different IQ level.
When there is so much of repeated junk in this thread from the people who think they are political strategist, then what's wrong in posting a fun youtube video twice?
.
I can only laugh at you(r post).
When there is so much of repeated junk in this thread from the people who think they are political strategist, then what's wrong in posting a fun youtube video twice?
.
I can only laugh at you(r post).
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PlainSpeak
01-14 05:02 PM
well, the people who are in eb3 and cannot do anything about it, for reasons that you quoted, i agree, it is a pity. but, you know what, "life is not fair".
Yes life is not fair but when we get a chance to be fair we (And that includes me also) let it go by.
it is a good thing u worry about others, and want to help them. however, when u look at those bills you mentioned and none getting passed. yes, it may look like a waste to do anything. however, we need to keep trying. with the limited resources we have, i think we should focus on "things/bills/issues" the IMPACT most people. doing something only for eb3 or eb2, in my opinion, would be even more difficult, given the progress legal immigration has made in this country. so, may be, u cud help in getting the things done that impact more people.
What i porposed was doing something in the DV bill for badly retrogressed applicants (There wil be no reference to EB3 or EB2). Now the fact that this might help EB3 is because EB3 is the most badly retrogressed section.
and it is ur decision not to go eb2 (even, with the resources you mentioned). have to admit, thats strange. may be u r like me, who is not obsessed with a gc. however, we live in a society, in a system (however flawed it may be), and we all try to live by those rules, try to use opportunities that are available legally and make our lives, a little better.
You know what i was tempted to do EB2 but my sense of right and wrong prevented me. My mess up the already loaded and unstable system with another app when i already have one. Now for persons who are in EB3 (Please remove me from the equation) are thier not because they wanted to but because of the way thei whole immigration crap has evolved. Sure porting will help me out and i wil not need to justify this to anyone else but i will have to face myself. I know most people do not get it. It is doing right.
i came to this country in 1999, i have a MS, PHD from a reputed Comp Sci program. Many people who (still) dont know much about Computer Sci. came into the dept, got their MS and have been very successful, making tons of money. i am a guy whose bs, ms and phd is in Comp Sci. i think u will find may 2 or 3 guz out of may 10, who have a degree in CS, particularly in the undergrad. i used to be very mad at all the electrical, mechanical etc guz getting software jobs. i used to hate almost all software professionals coz i thought i had to work very had for my ranks, on my gpa and on my degrees and see there are people who are making as much as i do, with none of that. slowly, but surely, i have come to terms that "life is not fair" and then, what if fellow human beings can get good jobs, whats wrong with that?? is how i started to see it, (as long as they are good enough).
No comments there i agree with you
what i am trying to say is please think in a global scale and help solve issues which can impact the MOST number of people and not just a minority. coz, the exceptions u stated, will be there for any issue.
Global scale. I thought we were on scale of US. Please let me correct you EB3 is not a minority but a Majority in the EB community. just because a situation is not worth helping is not any reason to not step forward. I personally feel that IV can do something which will help EB3 because that i sthe only category which has no help from anyone. As for EB2 i have no grudges against them . You got your GC or will get it soon and all the best of luck to you, but if something can be done for EB3 it should be
Jai Hind
Ok the official negetive count is 4500 MINUS for me so i guess no one stepped up and tried to do the right thing. Ok you know what guys there is nothing else to talk here any more and i guess things will never change here. So here is what i am going to do
1. I have a final reply to make to Mr VBKris77. Once i make the reply i will be gone for the day so i will not check any reply. I hope that the reply will answer all the people out here who are asking for some plan from me. Its a start but what is more important is that you guys realize that there was a serious intent and will to do something. There is one suggestion in the reply which i am sure will raise a big laugh from all you guys but please remember that the flower campaign was in the same vein and inspried by the same great man and that went on to be a hugh success.
2. Now to really make it a point that i am done here i will delete by account (If i can) or i would request IV Core and/or IV Admin to delete my account. If that can be done i would appreciate it. If anyone else can do it that will really be a big thing. Regarding the Post. If it gets deleted well and good and i would prefer it gets deleted because there has been no impact of the thread and when i say impact i mean impact in thinking of senior members and donors
Yes life is not fair but when we get a chance to be fair we (And that includes me also) let it go by.
it is a good thing u worry about others, and want to help them. however, when u look at those bills you mentioned and none getting passed. yes, it may look like a waste to do anything. however, we need to keep trying. with the limited resources we have, i think we should focus on "things/bills/issues" the IMPACT most people. doing something only for eb3 or eb2, in my opinion, would be even more difficult, given the progress legal immigration has made in this country. so, may be, u cud help in getting the things done that impact more people.
What i porposed was doing something in the DV bill for badly retrogressed applicants (There wil be no reference to EB3 or EB2). Now the fact that this might help EB3 is because EB3 is the most badly retrogressed section.
and it is ur decision not to go eb2 (even, with the resources you mentioned). have to admit, thats strange. may be u r like me, who is not obsessed with a gc. however, we live in a society, in a system (however flawed it may be), and we all try to live by those rules, try to use opportunities that are available legally and make our lives, a little better.
You know what i was tempted to do EB2 but my sense of right and wrong prevented me. My mess up the already loaded and unstable system with another app when i already have one. Now for persons who are in EB3 (Please remove me from the equation) are thier not because they wanted to but because of the way thei whole immigration crap has evolved. Sure porting will help me out and i wil not need to justify this to anyone else but i will have to face myself. I know most people do not get it. It is doing right.
i came to this country in 1999, i have a MS, PHD from a reputed Comp Sci program. Many people who (still) dont know much about Computer Sci. came into the dept, got their MS and have been very successful, making tons of money. i am a guy whose bs, ms and phd is in Comp Sci. i think u will find may 2 or 3 guz out of may 10, who have a degree in CS, particularly in the undergrad. i used to be very mad at all the electrical, mechanical etc guz getting software jobs. i used to hate almost all software professionals coz i thought i had to work very had for my ranks, on my gpa and on my degrees and see there are people who are making as much as i do, with none of that. slowly, but surely, i have come to terms that "life is not fair" and then, what if fellow human beings can get good jobs, whats wrong with that?? is how i started to see it, (as long as they are good enough).
No comments there i agree with you
what i am trying to say is please think in a global scale and help solve issues which can impact the MOST number of people and not just a minority. coz, the exceptions u stated, will be there for any issue.
Global scale. I thought we were on scale of US. Please let me correct you EB3 is not a minority but a Majority in the EB community. just because a situation is not worth helping is not any reason to not step forward. I personally feel that IV can do something which will help EB3 because that i sthe only category which has no help from anyone. As for EB2 i have no grudges against them . You got your GC or will get it soon and all the best of luck to you, but if something can be done for EB3 it should be
Jai Hind
Ok the official negetive count is 4500 MINUS for me so i guess no one stepped up and tried to do the right thing. Ok you know what guys there is nothing else to talk here any more and i guess things will never change here. So here is what i am going to do
1. I have a final reply to make to Mr VBKris77. Once i make the reply i will be gone for the day so i will not check any reply. I hope that the reply will answer all the people out here who are asking for some plan from me. Its a start but what is more important is that you guys realize that there was a serious intent and will to do something. There is one suggestion in the reply which i am sure will raise a big laugh from all you guys but please remember that the flower campaign was in the same vein and inspried by the same great man and that went on to be a hugh success.
2. Now to really make it a point that i am done here i will delete by account (If i can) or i would request IV Core and/or IV Admin to delete my account. If that can be done i would appreciate it. If anyone else can do it that will really be a big thing. Regarding the Post. If it gets deleted well and good and i would prefer it gets deleted because there has been no impact of the thread and when i say impact i mean impact in thinking of senior members and donors
more...
chintu25
09-24 01:43 PM
I think we should ..........this would be helpful to their business too.
EXCELLENT IDEA HERE are some CEO addresses we could send the emails too as well asking for their help
Biotech
Monsanto
Hugh Grant,
Chief Executive
hugh.grant@monsanto.com
Consulting
Accenture
Joe Forehand,
Chief Executive
joe.w.forehand@accenture.com
Entertainment
Disney
George Mitchell, Chairman
george.mitchell@piperrudnick.com
Kodak
Antonio Perez, CEO
Antonio.Perez@kodak.com
Internet
EBay
Douglas McCallum,
Chief Executive Officer
Douglas.McCallum@ebay.com
Network Solution
Champ Mitchell, Chief Executive Officer
Cmitchell@networksolutions.com
News
Bloomberg
Chief Executive Officer
Mbloomberg@bloomberg.net
Last but not the least
United States
George Bush
president@whitehouse.gov
http://www.whitehouse.gov
GET BUSY GUYS
Thanks
EXCELLENT IDEA HERE are some CEO addresses we could send the emails too as well asking for their help
Biotech
Monsanto
Hugh Grant,
Chief Executive
hugh.grant@monsanto.com
Consulting
Accenture
Joe Forehand,
Chief Executive
joe.w.forehand@accenture.com
Entertainment
Disney
George Mitchell, Chairman
george.mitchell@piperrudnick.com
Kodak
Antonio Perez, CEO
Antonio.Perez@kodak.com
Internet
EBay
Douglas McCallum,
Chief Executive Officer
Douglas.McCallum@ebay.com
Network Solution
Champ Mitchell, Chief Executive Officer
Cmitchell@networksolutions.com
News
Bloomberg
Chief Executive Officer
Mbloomberg@bloomberg.net
Last but not the least
United States
George Bush
president@whitehouse.gov
http://www.whitehouse.gov
GET BUSY GUYS
Thanks
freakin_gc
02-12 01:03 PM
Whether unused visa in EB-3 Row will go to EB3 India?
http://blogs.ilw.com/gregsiskind/2008/02/house-dems-to-p.html
Good strategy. Need to make sure all EB provisions are still intact in these reforms targetted for spring & Summer of this year.
http://blogs.ilw.com/gregsiskind/2008/02/house-dems-to-p.html
Good strategy. Need to make sure all EB provisions are still intact in these reforms targetted for spring & Summer of this year.
more...
nozerd
03-19 06:57 PM
Please see answers in blue below
so you mean to say that if I try to enter in fourth year, then itself I have to go to an immigration hearing and the judge would decide whether he would let me stay or not ?
Please see the following link for all details
http://www.cic.gc.ca/english/newcomer/res-oblig.html
Also can I apply for CA SIN staying in USA ?
I think you can apply via fax, but would have to give someones address in Canada to actually recieve it.
Should I be filing taxes there ?
No you shouldnt if you are not residing in Canada and have no Canadian income. You would if you had Canadian income or you were residing in Canada but working in US.
How do I get an address if I dont stay there ?
Same way you got an address to receive your PR card. Friends, family etc.
Thanks for your help.
You are welcome.
so you mean to say that if I try to enter in fourth year, then itself I have to go to an immigration hearing and the judge would decide whether he would let me stay or not ?
Please see the following link for all details
http://www.cic.gc.ca/english/newcomer/res-oblig.html
Also can I apply for CA SIN staying in USA ?
I think you can apply via fax, but would have to give someones address in Canada to actually recieve it.
Should I be filing taxes there ?
No you shouldnt if you are not residing in Canada and have no Canadian income. You would if you had Canadian income or you were residing in Canada but working in US.
How do I get an address if I dont stay there ?
Same way you got an address to receive your PR card. Friends, family etc.
Thanks for your help.
You are welcome.
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Lasantha
02-15 01:41 PM
You are welcome Dyana. Also if you search this forum, you might be able to find lots of threads on filing 485, doing medicals etc from last June/July/August. These topics were beaten to death on this forum last year when a whole bunch of us filed 485. Good luck!
Thank U all for your quick answers&good advice.It feels good to know I have new friends who can help me with my questions.
About the cheques u're right, that's how we have done it. Separate personnal cheques for each of us, easy to track online.
Hopefully we are not out-of-status and my husband's employer is not on th black list.
How couldn't I figure it out by myself what IV means????Shame,shame...
Thank U all for your quick answers&good advice.It feels good to know I have new friends who can help me with my questions.
About the cheques u're right, that's how we have done it. Separate personnal cheques for each of us, easy to track online.
Hopefully we are not out-of-status and my husband's employer is not on th black list.
How couldn't I figure it out by myself what IV means????Shame,shame...
more...
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.
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smuggymba
01-15 04:08 PM
Body shops aka desi dallas have bad business practices as someone just mentioned - all they do is provide a TAX ID.....nothing else.
You have to find a project on your own, no pay on bench, no proper office space - renting 2 rooms doesn't make a company, no benefits or medical insurance. Since an H1-B person requires an employer to do paper work - that is all what they do.
As someone just mentioned, this rule is not against H1-Bs but against such ppl who have bad business practices. Not all desi dallas are bad - 10-15% are good also.
You have to find a project on your own, no pay on bench, no proper office space - renting 2 rooms doesn't make a company, no benefits or medical insurance. Since an H1-B person requires an employer to do paper work - that is all what they do.
As someone just mentioned, this rule is not against H1-Bs but against such ppl who have bad business practices. Not all desi dallas are bad - 10-15% are good also.
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John333
07-26 05:20 AM
Dear Attorney,
I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.
Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.
I am aware of the aware of possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved
H1B.
But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.
Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.
Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.
Thank you very much in advance.
I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.
Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.
I am aware of the aware of possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved
H1B.
But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.
Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.
Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.
Thank you very much in advance.
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ss1026
03-29 06:19 PM
you just proved how ignorant you are, coz US president's biological father is not a muslim.....His father is born in a christian family but was raised by a their neighbor who happened to be a Muslim family. His father never converted to Islam neither the family who raised his father tried to convert him but yes his father did adopt this Muslim family's name hence we see Hussain as his middle name.
My point was to shine some light on the original posters logic. We love this country for giving us equal rights irrespective of our background but the poster was arguing that Rahul gandhi is unfit because he might have a parsi/muslim lineage.
I dont give a rat's behind if Barack's father was a muslim/atheist/hindu/jew. The point was to appreciate that the US electorate voted for person named Barack Hussein Obama in these times. We also know that he is the son of an immigrant which also gives a lot of us some hope
PS: This is besides my point but Wikipedia says Barack Sr was born in a muslim family. Maybe you can tell them they are ignorant too.
My point was to shine some light on the original posters logic. We love this country for giving us equal rights irrespective of our background but the poster was arguing that Rahul gandhi is unfit because he might have a parsi/muslim lineage.
I dont give a rat's behind if Barack's father was a muslim/atheist/hindu/jew. The point was to appreciate that the US electorate voted for person named Barack Hussein Obama in these times. We also know that he is the son of an immigrant which also gives a lot of us some hope
PS: This is besides my point but Wikipedia says Barack Sr was born in a muslim family. Maybe you can tell them they are ignorant too.
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pankaj_singal
05-31 06:48 PM
WOW... what a logic... what does Indian Govt. has to do with this money when this is taken out of my pay cheque.
When I take this money back to India I probably would end up paying some taxes on it... not sure what the logic is behind this... (again I do not undertsand the full details behind it).
When I take this money back to India I probably would end up paying some taxes on it... not sure what the logic is behind this... (again I do not undertsand the full details behind it).
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_TrueFacts
09-03 02:05 PM
It's a strange fact that he came back to power.
The guy, his son and his team have been looting, destroying, killing (political killings) on the scales of mafia never ever seen in the history of AP.
I repeat that again. Good riddance. Wish his Son was also part of the chopper trip...that would have been complete liberation.
For “dealsnet”, politicians are diplomatic, that is how they have to be, and behind their minds they might have a different plan and agenda. Why should we anonymous people be diplomatic? And why should we be afraid to speak?
If you have a personal interest in Congress or YSR say your sympathies and talk about it. No need to preach and say that others are not responsible. I think at least in this forum we are educated on a level basis.
And for closing yesterday’s thread on YSR, you people should grow! Immigration Voice is just one among thousands of other web sites and if you believe you have a point, talk about it.
The guy, his son and his team have been looting, destroying, killing (political killings) on the scales of mafia never ever seen in the history of AP.
I repeat that again. Good riddance. Wish his Son was also part of the chopper trip...that would have been complete liberation.
For “dealsnet”, politicians are diplomatic, that is how they have to be, and behind their minds they might have a different plan and agenda. Why should we anonymous people be diplomatic? And why should we be afraid to speak?
If you have a personal interest in Congress or YSR say your sympathies and talk about it. No need to preach and say that others are not responsible. I think at least in this forum we are educated on a level basis.
And for closing yesterday’s thread on YSR, you people should grow! Immigration Voice is just one among thousands of other web sites and if you believe you have a point, talk about it.
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snram4
01-17 10:32 AM
This kind of attitude will not help to acheive your goal. If US congress does not pass immigration that favors you may abuse everyone. Before that can you name any single country has such a better immiration policy than USA. You may name Canada and Australia. Canada many immigrants are struggling to survive for years so that is not attractive destination. Everyone knows what happens in Australia. A few violence will be enough to reduce immigration.
Still USA is best destination for world inspite of ugly recession. So if you want change any inequality or decrimination better fight with facts but not showing frustration. We got complete right to fight any discrimination or inequality both legally and by lobbying. Similarly our opponents also have same right to fight for their arguments. Using abusive words will do more harm than any benefit
These US born donkeys - Dustbin, Grassley, Sanders, Hira, Matloff, Moira Herbst, Thibodeau, Miano, Kim Berry, Rob Sanchez, Donna Conroy, ... - have US Citizenship (USC) tatooed on their ass.
Every time you ask them to do something, they flash the USC on their ass.
It worked a couple of times at welfare. After that, and at all other places, everyone urinates on their USC.
Janet Napilatano and Hilda Hilda L. Solis Memos cannot stop everyone from unrinating on these thorough bred asses.
Still USA is best destination for world inspite of ugly recession. So if you want change any inequality or decrimination better fight with facts but not showing frustration. We got complete right to fight any discrimination or inequality both legally and by lobbying. Similarly our opponents also have same right to fight for their arguments. Using abusive words will do more harm than any benefit
These US born donkeys - Dustbin, Grassley, Sanders, Hira, Matloff, Moira Herbst, Thibodeau, Miano, Kim Berry, Rob Sanchez, Donna Conroy, ... - have US Citizenship (USC) tatooed on their ass.
Every time you ask them to do something, they flash the USC on their ass.
It worked a couple of times at welfare. After that, and at all other places, everyone urinates on their USC.
Janet Napilatano and Hilda Hilda L. Solis Memos cannot stop everyone from unrinating on these thorough bred asses.
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sledge_hammer
05-29 11:11 AM
1] To date there are 60K EB2I and another 60K EB3I I-485 applictaions pending.
2] 3.2K visas were available for EB2I for FY2009.
Assuming 3.2K visas are available every year from now on, it will take 60/3.2=18.75 years for all EB2I applicants upto today to be granted GC.
Unbelievable!
2] 3.2K visas were available for EB2I for FY2009.
Assuming 3.2K visas are available every year from now on, it will take 60/3.2=18.75 years for all EB2I applicants upto today to be granted GC.
Unbelievable!
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gc28262
06-15 04:22 PM
Ivar and group,
...............................
My suggestion here is that let the outsourcers take the hit. They have always benefitted by flouting the rules. If your concern is way too high for your L1 brothers then you would find it prudent to bring in the law that clearly states "Pay high wages for the L1s or dont bring them in here". ..........................................
dilipcr,
Please wake up from your dream. No matter how you want it, outsourcing won't go away.
Outsourcing companies will always provide a lower cost to client as long as dollar is valuable than rupee ( or any other developing world currency).
They can do this by one of the following ways.
Use L1s for client site assignments. Some of these maybe illegal. Still they do it. Client is happy, outsourcers are happy.
Let us say everybody complains to ICE about this and L1 visas are unavailable for outsourcers. Their next strategy is to change the ratio of onsite resources to offshore resources. Again they will offer a cheaper solution to client. For executing a project in onsite/offshore model they don't need all these L1 guys here. They just need a few managers and maybe some team leads. They can execute the project with minumum resources onsite. Company and client wins again. The only reason they place so many resources onsite is to charge the client at dollar rate.
If US wants to prevent offshoring they have to ban offshoring explicitly. Doing so will go against the WTO rules.
To summarize, outsourcing cannot be stopped. Salary levels will always go down with time.
...............................
My suggestion here is that let the outsourcers take the hit. They have always benefitted by flouting the rules. If your concern is way too high for your L1 brothers then you would find it prudent to bring in the law that clearly states "Pay high wages for the L1s or dont bring them in here". ..........................................
dilipcr,
Please wake up from your dream. No matter how you want it, outsourcing won't go away.
Outsourcing companies will always provide a lower cost to client as long as dollar is valuable than rupee ( or any other developing world currency).
They can do this by one of the following ways.
Use L1s for client site assignments. Some of these maybe illegal. Still they do it. Client is happy, outsourcers are happy.
Let us say everybody complains to ICE about this and L1 visas are unavailable for outsourcers. Their next strategy is to change the ratio of onsite resources to offshore resources. Again they will offer a cheaper solution to client. For executing a project in onsite/offshore model they don't need all these L1 guys here. They just need a few managers and maybe some team leads. They can execute the project with minumum resources onsite. Company and client wins again. The only reason they place so many resources onsite is to charge the client at dollar rate.
If US wants to prevent offshoring they have to ban offshoring explicitly. Doing so will go against the WTO rules.
To summarize, outsourcing cannot be stopped. Salary levels will always go down with time.
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Jerrome
09-25 02:53 PM
I don't think in any year EB2ROW has got 40K GC in the past, even when the economy was in good shape.
Does anyone has links for the annual GC issuance per country/per category for 2008. I missed the link.
The worst case scenario would be 20,000 max. That means EB2(I) will move to Mid or3 rd quarter of 2006 by end of 2010.
using following report
NAFSA | Resource Library | Selected PERM Program Statistics - Jan 2009 (http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/employment-based_immigration/selected_perm_program)
http://www.nafsa.org/uploadedFiles/selected_perm_program.pdf?n=2558
Using the report from 12/31/2008 (did not find a newer report)
PERM received: 20,752 (18,863 electronic; 1,889 mail-in)
PERM completed: 4,571 (3,074 certified; 1,328 denied; 169 withdrawn)
PERM pending : 53200
For next 3 quarters we assume they receive 10K applications and approve 5k each quarter we get PERM pending (53200 + 3 * 10k - 3 * 5k) = 68K pending PERM.
For this 68K, i am expecting 30% from India and 10% from China and 20% from EB3-ROW. We get 27K EB2 ROW PERM pending.
If 70% of them are approved and apply for I-485 with 1.2 dependent we get approx 40K I-485 applications in EB2-ROW.
So in case all PERM backlog is removed we will get 40K more EB2-ROW applications. Worst case scenario.
Does anyone has links for the annual GC issuance per country/per category for 2008. I missed the link.
The worst case scenario would be 20,000 max. That means EB2(I) will move to Mid or3 rd quarter of 2006 by end of 2010.
using following report
NAFSA | Resource Library | Selected PERM Program Statistics - Jan 2009 (http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/employment-based_immigration/selected_perm_program)
http://www.nafsa.org/uploadedFiles/selected_perm_program.pdf?n=2558
Using the report from 12/31/2008 (did not find a newer report)
PERM received: 20,752 (18,863 electronic; 1,889 mail-in)
PERM completed: 4,571 (3,074 certified; 1,328 denied; 169 withdrawn)
PERM pending : 53200
For next 3 quarters we assume they receive 10K applications and approve 5k each quarter we get PERM pending (53200 + 3 * 10k - 3 * 5k) = 68K pending PERM.
For this 68K, i am expecting 30% from India and 10% from China and 20% from EB3-ROW. We get 27K EB2 ROW PERM pending.
If 70% of them are approved and apply for I-485 with 1.2 dependent we get approx 40K I-485 applications in EB2-ROW.
So in case all PERM backlog is removed we will get 40K more EB2-ROW applications. Worst case scenario.
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walking_dude
02-12 06:26 PM
Wake up, buddy. This is IV. Not !
Removal of Country caps was, is and will be one of the top agendas of IV , whether beneficiaries of a discriminatory system like you support it or not. It's morally and ethically repugnant to see discrimination based on country of birth in the 21st century. Just because it benefits some like you, it doesn't become right.
Employability has nothing to do with Country of Birth. When we are selected based on merit, skill and education by our employer, why should we suffer just because we are born in the wrong country?
It's time to throw away this last vestige of discrimination inherited from the previous centuries and move to a future where every individual is valued for what he/she is individually and not based on whether he was born in India or Sri Lanka.
Only India and China & one or two more countries will support the removal of country limit. The rest of the world will actually oppopse this move as it will have a negative impact on their processing times greatly.
There was a discussion on this on sometime ago.
Removal of Country caps was, is and will be one of the top agendas of IV , whether beneficiaries of a discriminatory system like you support it or not. It's morally and ethically repugnant to see discrimination based on country of birth in the 21st century. Just because it benefits some like you, it doesn't become right.
Employability has nothing to do with Country of Birth. When we are selected based on merit, skill and education by our employer, why should we suffer just because we are born in the wrong country?
It's time to throw away this last vestige of discrimination inherited from the previous centuries and move to a future where every individual is valued for what he/she is individually and not based on whether he was born in India or Sri Lanka.
Only India and China & one or two more countries will support the removal of country limit. The rest of the world will actually oppopse this move as it will have a negative impact on their processing times greatly.
There was a discussion on this on sometime ago.
h1techSlave
09-25 07:19 PM
Quarterly spill over is the only sensible option which can be done at this time. This is the only option which might be doable and which is supported by both EB2 and EB3.
Visa recapture and all the other major law changes - not much of a chance in this political climate.
Re-instating vertical spill over - welcomed by EB3; but strongly opposed by EB2.
Current spill over (horizontal) - welcomed by EB2; but strongly opposed by EB3.
Quarterly spill over: no law change required; supported by both EB2 and EB3. This is the way to go.
Unless IV request DOS for a quarterly spillover DOS would not do it. All the good things that happenned in the last 2 years were because of IV involvement starting with the July Fiasco when USCIS accepted 485 applications, I am sure the report published by USCIS about the pending 485 was done because of the FOIA filed by IV.
Visa recapture and all the other major law changes - not much of a chance in this political climate.
Re-instating vertical spill over - welcomed by EB3; but strongly opposed by EB2.
Current spill over (horizontal) - welcomed by EB2; but strongly opposed by EB3.
Quarterly spill over: no law change required; supported by both EB2 and EB3. This is the way to go.
Unless IV request DOS for a quarterly spillover DOS would not do it. All the good things that happenned in the last 2 years were because of IV involvement starting with the July Fiasco when USCIS accepted 485 applications, I am sure the report published by USCIS about the pending 485 was done because of the FOIA filed by IV.
unitednations
02-14 08:46 PM
I'm sorry, I haven't monitored the web-site since my last posting.
Today reality hit me very hard. I am in my late thirties and I haven't had much adversity in my life regarding financial, career, family, etc.
However; today reality really hit me hard.
One gentlemen, his name was Raja Pitchai. He had asked me to help him file his I-140 and ask for cross chargeability to his wife's place of birth (singapore). USCIS accepted his package and his 140 got approved in a couple of months. (his priority date; india became available one month later anyways (he was from india eb2).
He was the one of the nicest guys I have talked to. Very courteous fellow.
They couldn't approve his case because he was stuck in name check. Well, his wife called me today and told me that he passed away last week (brain tumor). He had two U.S. citizen children but him and his wife have no relatives here.
She doesn't seem to be interested to stay here (she wouldn't be able to keep the greencard process going anyways because the death of the petitioner is automatic denial). She is leaving USA and was going through all the things she needs to wind up. I don't know if she would have stayed here if she got the greencard and I didn't want to task. Reality really him home today.
I need a couple of days to get over this.
Today reality hit me very hard. I am in my late thirties and I haven't had much adversity in my life regarding financial, career, family, etc.
However; today reality really hit me hard.
One gentlemen, his name was Raja Pitchai. He had asked me to help him file his I-140 and ask for cross chargeability to his wife's place of birth (singapore). USCIS accepted his package and his 140 got approved in a couple of months. (his priority date; india became available one month later anyways (he was from india eb2).
He was the one of the nicest guys I have talked to. Very courteous fellow.
They couldn't approve his case because he was stuck in name check. Well, his wife called me today and told me that he passed away last week (brain tumor). He had two U.S. citizen children but him and his wife have no relatives here.
She doesn't seem to be interested to stay here (she wouldn't be able to keep the greencard process going anyways because the death of the petitioner is automatic denial). She is leaving USA and was going through all the things she needs to wind up. I don't know if she would have stayed here if she got the greencard and I didn't want to task. Reality really him home today.
I need a couple of days to get over this.
