Lasantha
02-12 02:21 PM
Yes, I wonder too. The new memo with the 180 day rule for FBI name check may create a considerable demand for visa numbers and could slow things down.
If the current EB3-ROW move is any indication one can rely on, I think you will be current in next month's bulletin. I bet you can't wait.
I wonder what kind of move we might see for eb3 -row next month.
If the current EB3-ROW move is any indication one can rely on, I think you will be current in next month's bulletin. I bet you can't wait.
I wonder what kind of move we might see for eb3 -row next month.
wallpaper cannot do perfect makeup.
mchundi
01-23 06:41 PM
Can they use same LC for more than one I-140?
Trying to understand damage done by LC substitution scams.
My understanding is they can and they do that. U will only know when the AOS is taken up for processing. In this case there were 5 of them on the same labor. Even 140 gets approved, but not 485. I really wud like to know how VISA numbers get handled in these cases.
I know several guys who took this path. Of them only one was a genuine case. All others were some kind of deals. Only one of them had a bad deal(Thanks to Mandalapa). Others r still happy with their EAD's.
I mean this is a widespread practice. I situations like now when we have so few VISA numbers it is unfortunate one for us if those VISA numbers r lost.
Trying to understand damage done by LC substitution scams.
My understanding is they can and they do that. U will only know when the AOS is taken up for processing. In this case there were 5 of them on the same labor. Even 140 gets approved, but not 485. I really wud like to know how VISA numbers get handled in these cases.
I know several guys who took this path. Of them only one was a genuine case. All others were some kind of deals. Only one of them had a bad deal(Thanks to Mandalapa). Others r still happy with their EAD's.
I mean this is a widespread practice. I situations like now when we have so few VISA numbers it is unfortunate one for us if those VISA numbers r lost.
sachug22
09-15 04:45 PM
Hello Sachug 22,
Where are you getting numbers for EB2 India for 2005 to be 10000, when total labor approved for 2005 were just 6133 (for all countries).
Thanks,
WeldonSprings.
2004 2000
2005 10000
2006 13000
2007(july) 5000
http://immigrationvoice.org/forum/903759-post52.html
There where 7290 India PERM application approved for applications filed in 2005 (of this 60% where EB2 - assumption). And assuming 3000 RIR EB2 India LCA applications (pre march 2005) there are 7400 EB2 India LCA with PD of 2005. Rest of the calculation is in my post.
Where are you getting numbers for EB2 India for 2005 to be 10000, when total labor approved for 2005 were just 6133 (for all countries).
Thanks,
WeldonSprings.
2004 2000
2005 10000
2006 13000
2007(july) 5000
http://immigrationvoice.org/forum/903759-post52.html
There where 7290 India PERM application approved for applications filed in 2005 (of this 60% where EB2 - assumption). And assuming 3000 RIR EB2 India LCA applications (pre march 2005) there are 7400 EB2 India LCA with PD of 2005. Rest of the calculation is in my post.
2011 Perfect Wedding Nails
cinqsit
01-13 08:28 PM
I think this is a good development.
Its good for consultants as they will now get a chance to be employee of primary vendor - no more "layers" and "layers" of consulting companies taking cut out of their share.
Certainly a doomsday for these small consulting companies which in my opinion had no business taking cut (literally for doing nothing - many times just sending out monthly invoices) out the consultants pay anyway
Its good for consultants as they will now get a chance to be employee of primary vendor - no more "layers" and "layers" of consulting companies taking cut out of their share.
Certainly a doomsday for these small consulting companies which in my opinion had no business taking cut (literally for doing nothing - many times just sending out monthly invoices) out the consultants pay anyway
more...
PlainSpeak
01-14 12:58 PM
don't make up your own sorry, sad, soap opera
Your first mistake is criticizing IV and its strategy on a open forum. The core listens to only ideas from active volunteers and donors and incorporates their suggestions, not a free loader, day dreamer who thinks he/she is brilliant. What any one else says on forums doesn't make any difference.
You think that by arguing on the forum, you can come up with a better idea.
So in a way you're just throwing eggs at IV. All you talk for the last 2 days is just wasting everyones time.
If you want IV to listen to you, you must have actively worked with them in the last 4 years, gained knowledge about advocacy and their trust and only then can they consider any of your ideas.
You have clearly shown that you know nothing.
This is a message for other members too, if you want core and management to listen to your ideas, be active in your state chapter and many mail groups we have working on intiatives, rather than cursing on forums.
You will then be working on action items that can change the lives of legal immigrants for the better and make a big difference.
don't make up your own sorry, sad, soap opera
My friend a correct it is not mine but it is a sad reflection of your story
Your first mistake is criticizing IV and its strategy on a open forum. The core listens to only ideas from active volunteers and donors and incorporates their suggestions, not a free loader, day dreamer who thinks he/she is brilliant. What any one else says on forums doesn't make any difference.
Ahhh my friend no one is asking for core to implement this suggestion. The suggestion was for discussion. Now all we had is name calling but no dicsussion. I hve not had even one esteemed member and donort and volunteer explain to me why this idea is a bad idea
You think that by arguing on the forum, you can come up with a better idea.
My friend for an idea yes discusiion is needed. Now once the idea is agreed upon it has to be fleshed out. That is when people get inv,loved in doing the ground work and i knwo i could go aon and on burt what is the use of talking about a house bluepritn when all guys are willing able and ready to do is tear up the idea in a ferezy
So in a way you're just throwing eggs at IV. All you talk for the last 2 days is just wasting everyones time.
Eggs at IV?? My friend if my intention was naything i would have been much worse. But i stil have hope in you all. At some point of time tempers will cool down and people will start thinking rationally
If you want IV to listen to you, you must have actively worked with them in the last 4 years, gained knowledge about advocacy and their trust and only then can they consider any of your ideas.
You have clearly shown that you know nothing.
Yes i did not work because i choose not to. Evrybody started as a fresher in any xcareer. No body was born experienced. Now you can take this point as my plunge into IV work but noooooo you do not want a person with a different idea. You want a slave who wil lsay Yes Master and do your bidding.
This is a message for other members too, if you want core and management to listen to your ideas, be active in your state chapter and many mail groups we have working on intiatives, rather than cursing
on forums.
Who is cursing on forum. If you read through the messages again you people are cursing and i am patiently replying back to each and every one
You will then be working on action items that can change the lives of legal immigrants for the better and make a big difference.
My friend i will not jump into a hole in the ground if i am a sheep and the hole contains 100 wolfs baying for blood(yes that would be all you abusers). Since we are talking about actionable idea let me talk about something
When i started this topic i had about 800 + points. When i last checked i have now - 2000 points. All these given by people like you (All these donors and senior members). Now you are asking me for specific details of my plan and my thinking is they heard the plan and got so pissed off that they started abusing me very badly and gave me so many reds that it must be a IV record and now uyou get a brain wave and i am supposed to tell specifics of my plan. What conditions are you as a IV member creating for me discussing my ideas. NOTHING. So that would mean you have no interest in listening to what i say but are just acting nice so that all thiose silent readers of the post will not notice this and think that you are doing great
Your first mistake is criticizing IV and its strategy on a open forum. The core listens to only ideas from active volunteers and donors and incorporates their suggestions, not a free loader, day dreamer who thinks he/she is brilliant. What any one else says on forums doesn't make any difference.
You think that by arguing on the forum, you can come up with a better idea.
So in a way you're just throwing eggs at IV. All you talk for the last 2 days is just wasting everyones time.
If you want IV to listen to you, you must have actively worked with them in the last 4 years, gained knowledge about advocacy and their trust and only then can they consider any of your ideas.
You have clearly shown that you know nothing.
This is a message for other members too, if you want core and management to listen to your ideas, be active in your state chapter and many mail groups we have working on intiatives, rather than cursing on forums.
You will then be working on action items that can change the lives of legal immigrants for the better and make a big difference.
don't make up your own sorry, sad, soap opera
My friend a correct it is not mine but it is a sad reflection of your story
Your first mistake is criticizing IV and its strategy on a open forum. The core listens to only ideas from active volunteers and donors and incorporates their suggestions, not a free loader, day dreamer who thinks he/she is brilliant. What any one else says on forums doesn't make any difference.
Ahhh my friend no one is asking for core to implement this suggestion. The suggestion was for discussion. Now all we had is name calling but no dicsussion. I hve not had even one esteemed member and donort and volunteer explain to me why this idea is a bad idea
You think that by arguing on the forum, you can come up with a better idea.
My friend for an idea yes discusiion is needed. Now once the idea is agreed upon it has to be fleshed out. That is when people get inv,loved in doing the ground work and i knwo i could go aon and on burt what is the use of talking about a house bluepritn when all guys are willing able and ready to do is tear up the idea in a ferezy
So in a way you're just throwing eggs at IV. All you talk for the last 2 days is just wasting everyones time.
Eggs at IV?? My friend if my intention was naything i would have been much worse. But i stil have hope in you all. At some point of time tempers will cool down and people will start thinking rationally
If you want IV to listen to you, you must have actively worked with them in the last 4 years, gained knowledge about advocacy and their trust and only then can they consider any of your ideas.
You have clearly shown that you know nothing.
Yes i did not work because i choose not to. Evrybody started as a fresher in any xcareer. No body was born experienced. Now you can take this point as my plunge into IV work but noooooo you do not want a person with a different idea. You want a slave who wil lsay Yes Master and do your bidding.
This is a message for other members too, if you want core and management to listen to your ideas, be active in your state chapter and many mail groups we have working on intiatives, rather than cursing
on forums.
Who is cursing on forum. If you read through the messages again you people are cursing and i am patiently replying back to each and every one
You will then be working on action items that can change the lives of legal immigrants for the better and make a big difference.
My friend i will not jump into a hole in the ground if i am a sheep and the hole contains 100 wolfs baying for blood(yes that would be all you abusers). Since we are talking about actionable idea let me talk about something
When i started this topic i had about 800 + points. When i last checked i have now - 2000 points. All these given by people like you (All these donors and senior members). Now you are asking me for specific details of my plan and my thinking is they heard the plan and got so pissed off that they started abusing me very badly and gave me so many reds that it must be a IV record and now uyou get a brain wave and i am supposed to tell specifics of my plan. What conditions are you as a IV member creating for me discussing my ideas. NOTHING. So that would mean you have no interest in listening to what i say but are just acting nice so that all thiose silent readers of the post will not notice this and think that you are doing great
mariusp
03-28 12:52 PM
Sure http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm
I spoke to two immigration attorneys about how this may affect pending I-140 cases with the USCIS and this is the reply I received:
Response 1:
I am aware of the proposed rule (and the DOL link you sent me). But this applies only to pending labor certification applications and to approved labor certification applications not yet filed with USCIS. Neither one of these situations applies in your case. Of course the elimination of substitution is a proposed rule only and no one can tell exactly if and when and how the final rule will come out.
Response 2:
Highly unlikely that this change would affect a case that was already filed.
Just to be safe I will request to convert to PP.
I spoke to two immigration attorneys about how this may affect pending I-140 cases with the USCIS and this is the reply I received:
Response 1:
I am aware of the proposed rule (and the DOL link you sent me). But this applies only to pending labor certification applications and to approved labor certification applications not yet filed with USCIS. Neither one of these situations applies in your case. Of course the elimination of substitution is a proposed rule only and no one can tell exactly if and when and how the final rule will come out.
Response 2:
Highly unlikely that this change would affect a case that was already filed.
Just to be safe I will request to convert to PP.
more...
cableman
05-10 09:29 PM
Thanks cableman.
I did read that part and hence my question was if I am in the fourth/fifth year of my CA PR when I decide to go to CA, will I be allowed at least in the country.
Another question was if I am in my 4th/5th year and know that it might take me another year before I go to CA, can I apply for CA PR again, even when I already have my CA PR OR if I apply for my CA PR immediately after my current CA PR expires, would I get it again (assuming I have the necessary points)
Thanks again to everyone who tries to shed some light.
Be honest, I don't know the real answers. You should find a lawyer to discuss this. I just share my thoughts. For your first question. I guess you should have no problem to enter Canada as long as your Maple card is still valid. However, I think when you renew your Maple card, you will have problem. For your second question. I think you can't re-apply PR as long as you still have the PR status. I think you may have to wait until your Maple card expires. I don't know the successful rate of re-applying PR. Enough point is one consideration, your intent to stay will be another consideration. I will be surprised if the immigration officer won't question you why you gave up the last PR status. You must prepare a good answer. Let me put in this way. Consider yourself is the immigration officer, will you question the applicant who gave up the status and re-applied again? Last advice. If you want to keep the PR, you should find a good lawyer to discuss the possibility of explaining to Canadian immigration why you need more time to move to Canada.
I did read that part and hence my question was if I am in the fourth/fifth year of my CA PR when I decide to go to CA, will I be allowed at least in the country.
Another question was if I am in my 4th/5th year and know that it might take me another year before I go to CA, can I apply for CA PR again, even when I already have my CA PR OR if I apply for my CA PR immediately after my current CA PR expires, would I get it again (assuming I have the necessary points)
Thanks again to everyone who tries to shed some light.
Be honest, I don't know the real answers. You should find a lawyer to discuss this. I just share my thoughts. For your first question. I guess you should have no problem to enter Canada as long as your Maple card is still valid. However, I think when you renew your Maple card, you will have problem. For your second question. I think you can't re-apply PR as long as you still have the PR status. I think you may have to wait until your Maple card expires. I don't know the successful rate of re-applying PR. Enough point is one consideration, your intent to stay will be another consideration. I will be surprised if the immigration officer won't question you why you gave up the last PR status. You must prepare a good answer. Let me put in this way. Consider yourself is the immigration officer, will you question the applicant who gave up the status and re-applied again? Last advice. If you want to keep the PR, you should find a good lawyer to discuss the possibility of explaining to Canadian immigration why you need more time to move to Canada.
2010 LAST MINUTE MAKE-UP TIPS amp;
bfadlia
02-15 02:22 PM
u r missing my point..
Again you are saying it's a SKILL cap. We can agree business may hire whoever they please but don't pretend that they only hire based on SKILL..
when someone says let business hire the "best and brightest", that's my problem, he implies the best and brightest are concentrated in only two countries so that's what's insane, that's why he won't be taken seriously.
cheers.
Yes skills don't need a cap. If I am a business owner, I have all rights to hire best and brightest in the world. It is my choice whom I hire not Government tells me where to go for hiring. Business may hire from India or Antartica, it should not be anyone's damn concern. Let the free markets work !!! This is insane
Again you are saying it's a SKILL cap. We can agree business may hire whoever they please but don't pretend that they only hire based on SKILL..
when someone says let business hire the "best and brightest", that's my problem, he implies the best and brightest are concentrated in only two countries so that's what's insane, that's why he won't be taken seriously.
cheers.
Yes skills don't need a cap. If I am a business owner, I have all rights to hire best and brightest in the world. It is my choice whom I hire not Government tells me where to go for hiring. Business may hire from India or Antartica, it should not be anyone's damn concern. Let the free markets work !!! This is insane
more...
gvenkat
02-13 02:42 PM
What ever gave you the idea that EB ROW only wait for 3 years?
i said on an average.. and that is the fact.. ROW is way better off than India/China... there are always exceptions...
i said on an average.. and that is the fact.. ROW is way better off than India/China... there are always exceptions...
hair achieve perfect makeup for
needhelp!
09-23 05:28 PM
Fifteen minutes is well worth the time to influence a $2 trillion enterprise.
more...
dealsnet
09-04 05:26 PM
Now I think new people are running IV.
Aman Kapoor (Walden Pond) is not controlling now. That is the reason these idiots have got the admin previlages. Now they do nothing worthwhile. Bunch of jockers.
If this was about you being having admin previledges,you wud have been taken to trial for misusing this board.....AH...
Aman Kapoor (Walden Pond) is not controlling now. That is the reason these idiots have got the admin previlages. Now they do nothing worthwhile. Bunch of jockers.
If this was about you being having admin previledges,you wud have been taken to trial for misusing this board.....AH...
hot comes to a perfect makeup,
chintanop
07-03 11:25 PM
Totally agree!
Digg is about how fast the story becomes popular.. even though we had large number of diggs with previous stories, it wasnt fast enough.
Lets all digg this...NOW! FAST!
http://digg.com/politics/USCIS_Visa_scandal (http://digg.com/politics/USCIS_Visa_scandal)
Guys, we are all computer friendly unlike our previous generation,lets use the internet to the fullest.
Please dig the link so ppl understand the scenario and making the news sensational but true helps!! Please add your comments to the blog ,hopefully, comments not 2 frustrated or impolite. Remember we claim to be legal immigrants,lets show some refinement and class :)
Digg is about how fast the story becomes popular.. even though we had large number of diggs with previous stories, it wasnt fast enough.
Lets all digg this...NOW! FAST!
http://digg.com/politics/USCIS_Visa_scandal (http://digg.com/politics/USCIS_Visa_scandal)
Guys, we are all computer friendly unlike our previous generation,lets use the internet to the fullest.
Please dig the link so ppl understand the scenario and making the news sensational but true helps!! Please add your comments to the blog ,hopefully, comments not 2 frustrated or impolite. Remember we claim to be legal immigrants,lets show some refinement and class :)
more...
house How To Get The Perfect Cat Eye
nik.patelc
09-03 03:09 PM
Most of the Indian politicians are Illiterate. This guy is a medical doctor by profession.
Loved by poor people. Hated by the fundamentalists and Naxals. Most of the AP politicians are corrupt including former PM P.V. N RAO.
I AM NOT FROM AP. ALL I KNOW FROM READING ONLINE FROM THE LAST 2 DAYS.
SEE THE LINK 14 PEOPLE DIE OF SHOCK.
14 die of YSR shock in Andhra - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/14-die-of-YSR-shock-in-Andhra/articleshow/4969157.cms)
USA, UK CONDOLE YSR DEATH.
US, France, UK condole Reddy's death - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/US-France-UK-condole-Reddys-death/articleshow/4969149.cms)
You must have read it on TIMES or NDTV , both are equally unehitical as indian politicians
Loved by poor people. Hated by the fundamentalists and Naxals. Most of the AP politicians are corrupt including former PM P.V. N RAO.
I AM NOT FROM AP. ALL I KNOW FROM READING ONLINE FROM THE LAST 2 DAYS.
SEE THE LINK 14 PEOPLE DIE OF SHOCK.
14 die of YSR shock in Andhra - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/14-die-of-YSR-shock-in-Andhra/articleshow/4969157.cms)
USA, UK CONDOLE YSR DEATH.
US, France, UK condole Reddy's death - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/US-France-UK-condole-Reddys-death/articleshow/4969149.cms)
You must have read it on TIMES or NDTV , both are equally unehitical as indian politicians
tattoo diy-cheap-makeup-tips-bride.
PlainSpeak
01-13 12:44 PM
I think you should start EB3India.org (not affiliated to IV) similar to EB3Chinese.org
There is an old chinese saying
Be careful what you wish for it just might come true
There is an old chinese saying
Be careful what you wish for it just might come true
more...
pictures a perfect makeup it#39;s very
Rohan99
07-26 01:33 PM
^^^^^^
dresses winter-makeup-tips.jpg
msp1976
02-16 11:12 AM
This is a link provided by akred....
http://academic.udayton.edu/race/02rights/immigr09.htm
This is required reading for all those who want to understand the attitudes of the anti immigration folks like the numbersUSA et al.....
http://academic.udayton.edu/race/02rights/immigr09.htm
This is required reading for all those who want to understand the attitudes of the anti immigration folks like the numbersUSA et al.....
more...
makeup Perfect Makeup,
Subst_labor
03-17 10:32 PM
Subst_labor, you became an annonymous member today only to post this question. I am sure you must be a regular member of IV but created a new profile just for this question.
Why don't you tell us how much you bought your labor for? Show us a proof that you have not bought it.
I think I made a mistake of answering your post and apologize for that to all members. I also urge people not to answer anyone with substitute labor on this forum.
such people cut in line in front of us and don't even bother paying money to IV. Why should we give them free advice. If they can spend money buying labor for 20K they can spend hundred dollars and consult a lawyer and ask their question. It is with such mentaility they are brought up with in their country- Currption and getting things done with money. But never paying anyone for a just cause. In my country people contribute only when they fear god in temples, for medical treatment or to astrologers!!
I also urge moderators to close such threads on this forum whenever someone is diagnosed with a substitute labor cancer. Yes it is a cancer that is worsening retrogression further.
At least on this forum we can have the resolve to fight such people who are hurting most of us.
Now if someone argues with me on this post, then it will mean that either that person has himself bought a substitute labor or is looking for one. So don't even bother because a lot of members after reading this post will come hard on people who are ok with substitute labor on this forum.
Mr. Janak,
Do you understand English? First of all, i had mentioned, i am BEING offered, meaning i havent gone for the labor yet and even if i do there will be no buying or selling involved.
Second of all, i am sick and tired of stereotype Indians like you, who ASSUME everything without knowing anything and come out with your own theories from the bizzarro world [i know, pathetic loosers like to vent at any and every opportunities they get. Spare me your crap, if u dont know anything and cant help, then just stay quiet.]
Why don't you tell us how much you bought your labor for? Show us a proof that you have not bought it.
I think I made a mistake of answering your post and apologize for that to all members. I also urge people not to answer anyone with substitute labor on this forum.
such people cut in line in front of us and don't even bother paying money to IV. Why should we give them free advice. If they can spend money buying labor for 20K they can spend hundred dollars and consult a lawyer and ask their question. It is with such mentaility they are brought up with in their country- Currption and getting things done with money. But never paying anyone for a just cause. In my country people contribute only when they fear god in temples, for medical treatment or to astrologers!!
I also urge moderators to close such threads on this forum whenever someone is diagnosed with a substitute labor cancer. Yes it is a cancer that is worsening retrogression further.
At least on this forum we can have the resolve to fight such people who are hurting most of us.
Now if someone argues with me on this post, then it will mean that either that person has himself bought a substitute labor or is looking for one. So don't even bother because a lot of members after reading this post will come hard on people who are ok with substitute labor on this forum.
Mr. Janak,
Do you understand English? First of all, i had mentioned, i am BEING offered, meaning i havent gone for the labor yet and even if i do there will be no buying or selling involved.
Second of all, i am sick and tired of stereotype Indians like you, who ASSUME everything without knowing anything and come out with your own theories from the bizzarro world [i know, pathetic loosers like to vent at any and every opportunities they get. Spare me your crap, if u dont know anything and cant help, then just stay quiet.]
girlfriend Fashion Tips - Makeup Tips
Rb_newsletter
01-21 06:15 PM
I got the below email from multiple friends. I don't know what is the source, who wrote this analysis because there is no links. I did NOT mean to spread the fear. Just sharing the contents unaltered.
------------------------------------------------------------------------------------------
However, this is how many could read RECENT (Jan 8, 2010) actions / announcement by USCIS towards Consulting companies, which engages or merely places their employees at the client sites for various projects.
� No new H1B application will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� No new H1B extension/stamping will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� If an employee has H1B approved or extension approved, and if he/she comes back to US from a vacation or from an emergency, he/she would be deported back to his/her home country from the Port of Entry (PoE) � for 3rd Party Consulting company.
Why?
Because of 2 recent events:
1) USCIS gave new memorandum (which is now guidelines for USCIS professionals working on the H1B petitions/extensions) on Jan 08th, 2010. (Attached the PDF file for the memorandum).
2) Recently (Jan 2010) several H1B Employees were sent back (in some forum, its mentioned � all of them) to their home country from Newark, NJ and JFK, NY Port of Entry � these were the H1B employees, who went to spend Christmas/New Year vacation to their home countries.
What does the memorandum mention, specifically, about 3rd Party Consulting companies?
Link to the memorandum (PDF attached) � http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
Employer-Employee Relationship:
As per the memorandum, some previous H1B Law defines, the definition of an �US Employer�. Somewhere in that definition (Page 2 of memo), it mentions the word �Employer-Employee relationship�. Till now, it seems that there was no clear guidance on what kind of relationship was considered having Employer-Employee relationship. So, it was being, probably, interpreted independently or ambiguously. Now, on Jan 8th, 2010, USCIS has published this memorandum for TRAINING USCIS OFFICIALS about understanding, Employer-Employee relationship. The memorandum seems to have been prepared with a clear understanding about it, along with the specific EXAMPLES.
Memorandum has given few specific examples, which would QUALIFY for having Employer-Employee relationship, on Page 4-5 of the Memo � including the nature of the job/business. On Page 5-6, memorandum gives few specific examples, which would NOT QUALIFY for having Employer-Employee relationship. Third Party Placement / �Job-Shop� (better version of �Body-shop�, probably) is NOT QUALIFIED for meeting Employer-Employee Relationships � meaning, 3rd Party placement (which most of the small consulting companies do) doesn�t meet H1B requirement, as defined by the law � meaning for this job, the new H1B or Extension or Stamping petitions CANNOT be approved!! Period !!
This is how memorandum has identified 3rd Party Placements and in Bold letters, why it disqualifies for the H1B petitions (comments are in Red):
�The petitioner is a computer consulting company (which is what all small consulting do). The petitioner has contract with numerous outside companies in which it supplies these companies with employee to fulfill specific staffing needs. The specific positions are not outlined in the contract between the petitioner and the third-party company but are staffed on an as-needed basis (this is nothing but, Service Agreement between the petitioner and the mid-vendor!). The beneficiary is a computer analyst (which is what many small consulting company�s employee are). The beneficiary has been assigned to work for the third-party company to fill a core position to maintain the third-party company�s payroll (this nothing but, Mid-Vendor�s or so-called Prime-Vendor�s or Consulting Partner�s Revenue). Once placed at the client company, the beneficiary reports to a manager who works for the third-party company (as it happens, when Consulting partner hires employee as a contractor). The beneficiary does not report to the petitioner for work assignments, and all work assignments are determined by the third-party company (petitioner just runs pay-rolls!). The petitioner does not control how the beneficiary will complete daily tasks, and no propriety information of the petitioner is used by the beneficiary to complete any work assignments (petitioner just runs pay-rolls!). The beneficiary�s end-product, the payroll (payroll of mid-vendor/prime vendor/consulting partner), is not in any way related to the petitioner�s line of business, which is computer consulting. The beneficiary�s progress reviews are completed by the client company, not the petitioner (petitioner just runs pay-rolls!). [Petitioner Has No Right to Control; No Exercise of Control].�
Right to Control:
Supreme Court has stated the definition of Employer-Employee Relationship (Page 3 of Memo), and there it was mentioned to have �Right to Control� over the work of the employee by the employer. From the entire memo, it sounds that Right control is well-established, ONLY WHEN, at least one supervisor from the petitioner�s company works with the beneficiary at the end-client site, and supervises beneficiary�s day-to-day work. So, big Consulting companies such as Wipro, Infosys, Accenture, Deloitte etc. will be good, as they would meet �Right to Control� and that way, they will satisfy H1B requirement by law, and their petitions for similar 3rd party consulting work, will be APPROVED, but not in case of, small consulting companies!! This is because, big consulting companies such as Accenture � have their entire or partial team � along with managers etc. � working at the same client site, where the beneficiary would be working, so they could supervise their work and so exercise control over their work etc., but that cannot be the case with the small consulting � because, their actual business has been, so far, to place employees and run pay-roll � not to get the client projects!
Why one could think that there are slim chances for this memorandum to get reversed in favor of small consulting companies?
This memorandum took care of big consulting companies such as Wipro, Infosys, Cognizant, Accenture etc. � meaning, these companies and their employees are NOT impacted. They can travel freely to-and-fro their home country etc. Since, big companies are not impacted, there will not be any big lobbying or oppositions to this memorandum, per say!! There don�t seem to be a platform for small consulting companies to gather and lobby, plus most the small consulting may not get involved, with fear of exposing themselves more to other issues!! So, it might be east to assume that this memorandum is permanent and not temporary. The recent deportation also indicates that the changes like this memorandum is for serious, not just the warning!
How this memorandum relates to the recent deportation events from NY and NJ airports?
There seems to be an anticipated link between these 2 events � Memorandum and recent Deportations � kind of an indication about the current level of government scrutiny and seriousness of the H1B program. Hence, there have been advices by others that � each employer and employee should operate by strictly following the H1B program requirements.
Link to Murthy.com front page posting about this � MurthyDotCom : NewsFlash! Note to H1Bs Traveling to U.S., Working for Consulting Companies (http://www.murthy.com/nflash/nf_h1conc.html)
What one could predict as happening sooner (trend)?
� Since, it seems big consulting companies (having their own consulting projects)/full-time end-clients and their beneficiaries are not impacted with these changes � there could be trend � employee moving from small companies to big companies for a better shelter for full-time positions � especially, when small consulting company�s immediate preventions / actions to this memo cannot ensure safety.
� Big consulting companies could buy small consulting companies or small consulting companies could sell their companies to big consulting companies (having their own consulting projects), to save their employee�s future/transition etc.
Good Luck my Friends....!!
------------------------------------------------------------------------------------------
However, this is how many could read RECENT (Jan 8, 2010) actions / announcement by USCIS towards Consulting companies, which engages or merely places their employees at the client sites for various projects.
� No new H1B application will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� No new H1B extension/stamping will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� If an employee has H1B approved or extension approved, and if he/she comes back to US from a vacation or from an emergency, he/she would be deported back to his/her home country from the Port of Entry (PoE) � for 3rd Party Consulting company.
Why?
Because of 2 recent events:
1) USCIS gave new memorandum (which is now guidelines for USCIS professionals working on the H1B petitions/extensions) on Jan 08th, 2010. (Attached the PDF file for the memorandum).
2) Recently (Jan 2010) several H1B Employees were sent back (in some forum, its mentioned � all of them) to their home country from Newark, NJ and JFK, NY Port of Entry � these were the H1B employees, who went to spend Christmas/New Year vacation to their home countries.
What does the memorandum mention, specifically, about 3rd Party Consulting companies?
Link to the memorandum (PDF attached) � http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
Employer-Employee Relationship:
As per the memorandum, some previous H1B Law defines, the definition of an �US Employer�. Somewhere in that definition (Page 2 of memo), it mentions the word �Employer-Employee relationship�. Till now, it seems that there was no clear guidance on what kind of relationship was considered having Employer-Employee relationship. So, it was being, probably, interpreted independently or ambiguously. Now, on Jan 8th, 2010, USCIS has published this memorandum for TRAINING USCIS OFFICIALS about understanding, Employer-Employee relationship. The memorandum seems to have been prepared with a clear understanding about it, along with the specific EXAMPLES.
Memorandum has given few specific examples, which would QUALIFY for having Employer-Employee relationship, on Page 4-5 of the Memo � including the nature of the job/business. On Page 5-6, memorandum gives few specific examples, which would NOT QUALIFY for having Employer-Employee relationship. Third Party Placement / �Job-Shop� (better version of �Body-shop�, probably) is NOT QUALIFIED for meeting Employer-Employee Relationships � meaning, 3rd Party placement (which most of the small consulting companies do) doesn�t meet H1B requirement, as defined by the law � meaning for this job, the new H1B or Extension or Stamping petitions CANNOT be approved!! Period !!
This is how memorandum has identified 3rd Party Placements and in Bold letters, why it disqualifies for the H1B petitions (comments are in Red):
�The petitioner is a computer consulting company (which is what all small consulting do). The petitioner has contract with numerous outside companies in which it supplies these companies with employee to fulfill specific staffing needs. The specific positions are not outlined in the contract between the petitioner and the third-party company but are staffed on an as-needed basis (this is nothing but, Service Agreement between the petitioner and the mid-vendor!). The beneficiary is a computer analyst (which is what many small consulting company�s employee are). The beneficiary has been assigned to work for the third-party company to fill a core position to maintain the third-party company�s payroll (this nothing but, Mid-Vendor�s or so-called Prime-Vendor�s or Consulting Partner�s Revenue). Once placed at the client company, the beneficiary reports to a manager who works for the third-party company (as it happens, when Consulting partner hires employee as a contractor). The beneficiary does not report to the petitioner for work assignments, and all work assignments are determined by the third-party company (petitioner just runs pay-rolls!). The petitioner does not control how the beneficiary will complete daily tasks, and no propriety information of the petitioner is used by the beneficiary to complete any work assignments (petitioner just runs pay-rolls!). The beneficiary�s end-product, the payroll (payroll of mid-vendor/prime vendor/consulting partner), is not in any way related to the petitioner�s line of business, which is computer consulting. The beneficiary�s progress reviews are completed by the client company, not the petitioner (petitioner just runs pay-rolls!). [Petitioner Has No Right to Control; No Exercise of Control].�
Right to Control:
Supreme Court has stated the definition of Employer-Employee Relationship (Page 3 of Memo), and there it was mentioned to have �Right to Control� over the work of the employee by the employer. From the entire memo, it sounds that Right control is well-established, ONLY WHEN, at least one supervisor from the petitioner�s company works with the beneficiary at the end-client site, and supervises beneficiary�s day-to-day work. So, big Consulting companies such as Wipro, Infosys, Accenture, Deloitte etc. will be good, as they would meet �Right to Control� and that way, they will satisfy H1B requirement by law, and their petitions for similar 3rd party consulting work, will be APPROVED, but not in case of, small consulting companies!! This is because, big consulting companies such as Accenture � have their entire or partial team � along with managers etc. � working at the same client site, where the beneficiary would be working, so they could supervise their work and so exercise control over their work etc., but that cannot be the case with the small consulting � because, their actual business has been, so far, to place employees and run pay-roll � not to get the client projects!
Why one could think that there are slim chances for this memorandum to get reversed in favor of small consulting companies?
This memorandum took care of big consulting companies such as Wipro, Infosys, Cognizant, Accenture etc. � meaning, these companies and their employees are NOT impacted. They can travel freely to-and-fro their home country etc. Since, big companies are not impacted, there will not be any big lobbying or oppositions to this memorandum, per say!! There don�t seem to be a platform for small consulting companies to gather and lobby, plus most the small consulting may not get involved, with fear of exposing themselves more to other issues!! So, it might be east to assume that this memorandum is permanent and not temporary. The recent deportation also indicates that the changes like this memorandum is for serious, not just the warning!
How this memorandum relates to the recent deportation events from NY and NJ airports?
There seems to be an anticipated link between these 2 events � Memorandum and recent Deportations � kind of an indication about the current level of government scrutiny and seriousness of the H1B program. Hence, there have been advices by others that � each employer and employee should operate by strictly following the H1B program requirements.
Link to Murthy.com front page posting about this � MurthyDotCom : NewsFlash! Note to H1Bs Traveling to U.S., Working for Consulting Companies (http://www.murthy.com/nflash/nf_h1conc.html)
What one could predict as happening sooner (trend)?
� Since, it seems big consulting companies (having their own consulting projects)/full-time end-clients and their beneficiaries are not impacted with these changes � there could be trend � employee moving from small companies to big companies for a better shelter for full-time positions � especially, when small consulting company�s immediate preventions / actions to this memo cannot ensure safety.
� Big consulting companies could buy small consulting companies or small consulting companies could sell their companies to big consulting companies (having their own consulting projects), to save their employee�s future/transition etc.
Good Luck my Friends....!!
hairstyles How Do Make-up Artists Create
snthampi
07-30 06:41 PM
Travind I am not close to the family anymore I made the dude so uncomfortable he stopped calling me. Here are some avoidance techniques, but you need to be ballsy to pull them of and never exceed the limits of decency and you must have a sense of timing and humor to do these. I have used these techniques myself for avoidance
1) Stare at his wife or sister and constantly compliment their looks, cooking, chai etc
2) Make lots of sticky notes with their quotes in the meetings and stick it on their walls
3)Break your pencil or pen at the meeting and loudly say cuss words like "shit that is good"
4) Itch nervously when they approach you in any location they will leave you thinking you have some skin disease.
5) Cough without closing your mouth directly in front of their face
6) Wear ghetto clothes when you go to the usual locations they avoid you like the plague (sorry guys who wear kurta with jeans and leather chappals you are the most obvious target)
7) Borrow cd's, dvd's etc and never return them or their calls they are bound to be nice since even in the worst case they are still trying to sell to you.
There are more things to do but i'm guessing some other people will post their experiences , just one word of caution do not extend your torture because these people are human beings who have been proselytized by their diamonds etc that they dont realize and don't worry they will not learn from you.
It is really funny man. I love the points 1, 4,5 & 6. If anything else doesn't bother one, point 1 definitely should. If not, everyone knows what to call that person!!!
1) Stare at his wife or sister and constantly compliment their looks, cooking, chai etc
2) Make lots of sticky notes with their quotes in the meetings and stick it on their walls
3)Break your pencil or pen at the meeting and loudly say cuss words like "shit that is good"
4) Itch nervously when they approach you in any location they will leave you thinking you have some skin disease.
5) Cough without closing your mouth directly in front of their face
6) Wear ghetto clothes when you go to the usual locations they avoid you like the plague (sorry guys who wear kurta with jeans and leather chappals you are the most obvious target)
7) Borrow cd's, dvd's etc and never return them or their calls they are bound to be nice since even in the worst case they are still trying to sell to you.
There are more things to do but i'm guessing some other people will post their experiences , just one word of caution do not extend your torture because these people are human beings who have been proselytized by their diamonds etc that they dont realize and don't worry they will not learn from you.
It is really funny man. I love the points 1, 4,5 & 6. If anything else doesn't bother one, point 1 definitely should. If not, everyone knows what to call that person!!!
chintu25
02-14 02:02 PM
There are moments when the will of a handful of free men breaks through determinism and opens up new roads.
~Charles de Gaulle
~Charles de Gaulle
yetanotherguyinline
07-03 05:06 PM
Hi all,
Regarding the recent goofup by USCIS, please rate this story
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who
if this receives more than 100 users rating for the story in next 5-10 hours - it would be displayed on the first page. Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.
Note that you ll have to signup as digg.com member to rate it - it ll just take 30 secs of your time.
Sorry I wasn't able to submit the official IV prlog.com url since it is not accepted by Digg.
thanks.
digged it....but it just has 17 diggs now!!!
Regarding the recent goofup by USCIS, please rate this story
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who
if this receives more than 100 users rating for the story in next 5-10 hours - it would be displayed on the first page. Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.
Note that you ll have to signup as digg.com member to rate it - it ll just take 30 secs of your time.
Sorry I wasn't able to submit the official IV prlog.com url since it is not accepted by Digg.
thanks.
digged it....but it just has 17 diggs now!!!