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
wallpaper 2009 Aprilia RS125 Side View
sachug22
10-07 05:00 PM
Some additional assumption in the calculations
China gets its share of EB2 numbers (by priority date)
95% cases are approved and none are delayed
EB3 to EB2 porting and cross-changeability ignored (they counter each other)
I-485 filled in last few months will not be approved (processing delays)
DOS/CIS are efficient and follow rules.
China gets its share of EB2 numbers (by priority date)
95% cases are approved and none are delayed
EB3 to EB2 porting and cross-changeability ignored (they counter each other)
I-485 filled in last few months will not be approved (processing delays)
DOS/CIS are efficient and follow rules.
praveenuppaluri
09-03 11:27 AM
I am not a congress supporter and I am definitely not a YSR fan. He was a very powerful man in AP and look at the way he died.. horrible death. it sure is very sad that 5 people died that way. may their souls rest in peace.
2011 House Of Motorrad - Aprilia RS
bfadlia
02-16 12:33 PM
There may be truth in it. But not completely so. There are are lot of well qualified and experienced people. But there may be frauds too.
Again it is a mixture of all kind of types coming through the consultants.
So, the issue is that there are lot of qualified and experienced people in India that are willing to come to USA to seek better opportunities ( although these says , the students from top universities of India may not want to come here ) and i believe it is not that the consultant companies dump 'all who can walk' into USA. There may be a certain percentage that are 'deficient'.
So, my main point is that , by virtue of larger population, India has larger number of graduates/employable folks. Plus many of them learn English ( if i need to communicate with people in other parts of India, i use English ) , may be with thick accent.
mallu, i appreciate the rational arguments you made. But still a lot here falls under "yes we agree bodyshop practices are unfortunate, but let's pretend it has no concequences and it never harmed anybody" That is wrong.. I would hear time and again from ROW friends who land lucritive job offers here but when it's time to apply for H1 they fail because a handful of big bodyshops consume tens of thousands of visas for the exclusive offering in their homeland.. then we hear people now ask the remaining ROWs who managed to stay here against big odds to take another one for the team and help alleviate the problem of the big lines these bodyshops created and claiming this is for the sake of fairness and equality.
i still see other posts with nothing but barking.. ok let it be, we can't do without those who have nothing to offer other than that.
Again it is a mixture of all kind of types coming through the consultants.
So, the issue is that there are lot of qualified and experienced people in India that are willing to come to USA to seek better opportunities ( although these says , the students from top universities of India may not want to come here ) and i believe it is not that the consultant companies dump 'all who can walk' into USA. There may be a certain percentage that are 'deficient'.
So, my main point is that , by virtue of larger population, India has larger number of graduates/employable folks. Plus many of them learn English ( if i need to communicate with people in other parts of India, i use English ) , may be with thick accent.
mallu, i appreciate the rational arguments you made. But still a lot here falls under "yes we agree bodyshop practices are unfortunate, but let's pretend it has no concequences and it never harmed anybody" That is wrong.. I would hear time and again from ROW friends who land lucritive job offers here but when it's time to apply for H1 they fail because a handful of big bodyshops consume tens of thousands of visas for the exclusive offering in their homeland.. then we hear people now ask the remaining ROWs who managed to stay here against big odds to take another one for the team and help alleviate the problem of the big lines these bodyshops created and claiming this is for the sake of fairness and equality.
i still see other posts with nothing but barking.. ok let it be, we can't do without those who have nothing to offer other than that.
more...
girishvar
07-26 08:25 AM
If USCIS follows Vertical Policy after EB-3 becomes current, all the remaining visas will go to EB-2 India/China and will be used up completely. With the volume of demand for EB-3 India, unless some legislative relief comes EB-3 India's problem will not be solved.
However, by following horizontal policy, if EB-2 India/China is cleared and made current, Any spillover in EB-3 should be equally shared and EB-3 India's share will improve but in miniscule way.
Fighting for legislative relief is the only way out for EB-3 instead of dividing our community between EB-2 and EB-3
However, by following horizontal policy, if EB-2 India/China is cleared and made current, Any spillover in EB-3 should be equally shared and EB-3 India's share will improve but in miniscule way.
Fighting for legislative relief is the only way out for EB-3 instead of dividing our community between EB-2 and EB-3
newtoearth
05-02 05:28 PM
...
more...
RNGC
02-15 02:11 PM
A person can kill himself to solve all his problems. But that is not the point. If I have come here to work and you have things setup in a way that it can be used to exploit you ( e.g. employer holding back your pay for no valid reason) that amounts to indirectly supporting slave business. The word "slave" doesn't make high tech workers comfortable because they don't want to be categorized as such. But the trouble they are going through is similar to that of the slaves that were taken by the brits in olden days for working at different places in their colonies. If you look at the way most of us work here, it is almost same. Someone (called ur employer) brings you here, he puts you in a place to work reporting to a differnet master sometime many. This exactly how slave trade was working in olden days, but today instead of us working in plantations or laying highways we are working on the building the IT super highway.
I rest my case here for now
I totally agree...its Modern day slavery!
You cannot change employers, you cannot travel if you wish (after you apply for H1 ext, you can't leave US till it is approved, even If you have AP to re-enter!), you can't expect promotions, your spouse can't work on H4, No drivers license in some state, ..... BUT WE PAY ALL TAXES, NO EXCEPTIONS! Is it not Modern day slavery ??
I rest my case here for now
I totally agree...its Modern day slavery!
You cannot change employers, you cannot travel if you wish (after you apply for H1 ext, you can't leave US till it is approved, even If you have AP to re-enter!), you can't expect promotions, your spouse can't work on H4, No drivers license in some state, ..... BUT WE PAY ALL TAXES, NO EXCEPTIONS! Is it not Modern day slavery ??
2010 2-stroke from Aprilia.
eeezzz
07-30 11:26 AM
this makes no sense (with all due respect to Mr Gotcher). He basically claims that PD has been moved to allow CP cases to be processed faster to avoid visa number wastage.. However he also says that there is a huge backlog of AOS cases. Looking at how many CP cases are being called for interview in mumbai and delhi (low hundreds) I dont see how CP alone can help avoid a big wastage of visas. If USCIS is still 20k short, then its the massive pile of AOS cases they should be using, just like they did last year.
Several things to consider.
1. Is it really 20k left for this year.
2. Are there more EB2 RoW applicants filed I-485 for the last few months.
3. You have number from India CP, do you have number from China CP.
Several things to consider.
1. Is it really 20k left for this year.
2. Are there more EB2 RoW applicants filed I-485 for the last few months.
3. You have number from India CP, do you have number from China CP.
more...
_TrueFacts
09-08 10:19 PM
The 'born again' politician – 3 (http://kumarsbol.blogspot.com/2009/09/ysr-1949-2009-born-again-politician-3.html)
by Kumar Narasimha; Kumar is set for a comprehensive biography of YSR.
Estimates vary on how much wealth YSR's very large extended family and circle of friends accumulated between 2004-2009.Some say it is close to Rs. 50, 000 crore and others say it is probably around Rs. 25, 000 crore. Whatever the number is, even Naidu's mind might have boggled at the scale, I reckon.
So, what is the political and/or developmental legacy of YSR ? Large scale corruption through crony capitalism balanced by welfare doles to the poor ? Or is it, as seen by his fans, a balanced approach to development between the urban areas and the rural ones? Or, is it, center right to make business happy and center left to make the poor survive? To me, it looked like YSR focused on winning the 2009 election from day 1 of his first term and he did this by systematically giving out sops.
by Kumar Narasimha; Kumar is set for a comprehensive biography of YSR.
Estimates vary on how much wealth YSR's very large extended family and circle of friends accumulated between 2004-2009.Some say it is close to Rs. 50, 000 crore and others say it is probably around Rs. 25, 000 crore. Whatever the number is, even Naidu's mind might have boggled at the scale, I reckon.
So, what is the political and/or developmental legacy of YSR ? Large scale corruption through crony capitalism balanced by welfare doles to the poor ? Or is it, as seen by his fans, a balanced approach to development between the urban areas and the rural ones? Or, is it, center right to make business happy and center left to make the poor survive? To me, it looked like YSR focused on winning the 2009 election from day 1 of his first term and he did this by systematically giving out sops.
hair Aprilia RS 125 2007
mallu
02-16 01:50 AM
......
When a category becomes "Unavailable" it means that the entire annual supply for that category has been used up for that fiscal year (which ends Sept 2008). Given the degree of the EB-3 ROW retrogression, I very very much doubt there will be ANY spillover from ROW to India. At present, DOS plans to move EB-2 India only if EB-1 India has excess visas. The quota for for EB-1 India is 2803 (including dependents) in any fiscal year. So let us consider some scenarios -- say half the EB-1 India are available, so 1401 are given to EB-2 India -- do I think there are 1401 EB-2 India applicants with dependents ahead of me -- average family size of 2.2 means approx 636 applicants? Yep! No doubt about it! Hell I'm sure that there are 2803 EB-2 India applicants ahead of me.
....
Suppose the admin fix to recapture 'lost' visas is a success. How many will India Eb2 get out of that ? May be 5000 ?
One really needs to know the number of India Eb2 applicants pending in each year ( of PD ) . If it iturns out , say , there are 25000 I-485 applications with PD up to year 2002, then ?!
Will a USCIS customer service rep be able to help us with this question :
"Sir/Madam how many India EB2 applicants are waiting , with PD earlier than mine ? " .
When a category becomes "Unavailable" it means that the entire annual supply for that category has been used up for that fiscal year (which ends Sept 2008). Given the degree of the EB-3 ROW retrogression, I very very much doubt there will be ANY spillover from ROW to India. At present, DOS plans to move EB-2 India only if EB-1 India has excess visas. The quota for for EB-1 India is 2803 (including dependents) in any fiscal year. So let us consider some scenarios -- say half the EB-1 India are available, so 1401 are given to EB-2 India -- do I think there are 1401 EB-2 India applicants with dependents ahead of me -- average family size of 2.2 means approx 636 applicants? Yep! No doubt about it! Hell I'm sure that there are 2803 EB-2 India applicants ahead of me.
....
Suppose the admin fix to recapture 'lost' visas is a success. How many will India Eb2 get out of that ? May be 5000 ?
One really needs to know the number of India Eb2 applicants pending in each year ( of PD ) . If it iturns out , say , there are 25000 I-485 applications with PD up to year 2002, then ?!
Will a USCIS customer service rep be able to help us with this question :
"Sir/Madam how many India EB2 applicants are waiting , with PD earlier than mine ? " .
more...
srikondoji
12-16 08:38 AM
I hope this is not our last ditch effort or one of the last chips in our possession to further our goals of Greencard.
The crisis in united states is not just housing bubble but much more than that. I am not sure if this initiative (linking greencard and purchasing home) will find much traction in government or in medai given the complexity of the mess.
The currency collapse which we used to discuss is now gathering storm now. The recent runnup in Dollar is peaking now and is in downward trend. Analysts are already up in arms arguing that United states have to take massive debt (assuming China and arab world is ready to give) or they have to print currency to finance their bailouts.
--sri
The crisis in united states is not just housing bubble but much more than that. I am not sure if this initiative (linking greencard and purchasing home) will find much traction in government or in medai given the complexity of the mess.
The currency collapse which we used to discuss is now gathering storm now. The recent runnup in Dollar is peaking now and is in downward trend. Analysts are already up in arms arguing that United states have to take massive debt (assuming China and arab world is ready to give) or they have to print currency to finance their bailouts.
--sri
hot Aprilia RS50
chanduv23
07-04 08:50 AM
Chanduv thanks for your efforts. A correction: retrogression started in fall of 2004
I picked this from another post here in IV. Maybe we must have a sticky template so that everyone uses that template.
I picked this from another post here in IV. Maybe we must have a sticky template so that everyone uses that template.
more...
house Aprilia RS 125 Max Biaggi
_TrueFacts
09-06 06:49 PM
Stories of a warlord, factionist and political radical gunda.
From Kumar Narasimha's blog -
A born again politician - Part 1 (http://kumarsbol.blogspot.com/2009/09/ysr-19492009-born-again-politician-1.html)
A born again politician - Part 2 (http://kumarsbol.blogspot.com/2009/09/ysr-1949-2009-born-again-politician-2.html)
As degree college students in Kadapa those days, we were blissfully ideology free. During election season, YSR's people used to offer willing groups of students with jeeps, and money, provided we take part in the campaign in the villages. I remember going on a couple of those trips. We used to visit a village or two till lunch time, and then some one would organize food in one of the villages.Biriyani and stuff. And in the evenings, liquor would be available. In most of the election booths, there would be hardly any voting. The student volunteers and others used to simply rig the votes. In one of the booths, I suggested that not all votes should be polled for YSR as that could disqualify the voting from that booth.And I polled around 25 votes for the BJP candidate. It was a token gesture towards the center right from my side, I suppose.
But in these interactions, we used to hear war stories being swapped by some of the muscle men. A large number of these goons-for-hire were dalits, with their ring leaders being Reddys. There was this time when in a road side tea stall, two men claimed to have killed three people each during the communal riots in Hyderabad. Apparently, people were shipped in lorries from Kadapa and few other places to the Old City, and were given a few hours to wreak havoc.
From Kumar Narasimha's blog -
A born again politician - Part 1 (http://kumarsbol.blogspot.com/2009/09/ysr-19492009-born-again-politician-1.html)
A born again politician - Part 2 (http://kumarsbol.blogspot.com/2009/09/ysr-1949-2009-born-again-politician-2.html)
As degree college students in Kadapa those days, we were blissfully ideology free. During election season, YSR's people used to offer willing groups of students with jeeps, and money, provided we take part in the campaign in the villages. I remember going on a couple of those trips. We used to visit a village or two till lunch time, and then some one would organize food in one of the villages.Biriyani and stuff. And in the evenings, liquor would be available. In most of the election booths, there would be hardly any voting. The student volunteers and others used to simply rig the votes. In one of the booths, I suggested that not all votes should be polled for YSR as that could disqualify the voting from that booth.And I polled around 25 votes for the BJP candidate. It was a token gesture towards the center right from my side, I suppose.
But in these interactions, we used to hear war stories being swapped by some of the muscle men. A large number of these goons-for-hire were dalits, with their ring leaders being Reddys. There was this time when in a road side tea stall, two men claimed to have killed three people each during the communal riots in Hyderabad. Apparently, people were shipped in lorries from Kadapa and few other places to the Old City, and were given a few hours to wreak havoc.
tattoo 1998 Aprilia RS125 added by
snathan
01-21 06:27 PM
I got the below email from multiple friends. I don't know what is the source, who wrote this analysis because there is no links. I did NOT mean to spread the fear. Just sharing the contents unaltered.
------------------------------------------------------------------------------------------
However, this is how many could read RECENT (Jan 8, 2010) actions / announcement by USCIS towards Consulting companies, which engages or merely places their employees at the client sites for various projects.
� No new H1B application will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� No new H1B extension/stamping will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� If an employee has H1B approved or extension approved, and if he/she comes back to US from a vacation or from an emergency, he/she would be deported back to his/her home country from the Port of Entry (PoE) � for 3rd Party Consulting company.
Why?
Because of 2 recent events:
1) USCIS gave new memorandum (which is now guidelines for USCIS professionals working on the H1B petitions/extensions) on Jan 08th, 2010. (Attached the PDF file for the memorandum).
2) Recently (Jan 2010) several H1B Employees were sent back (in some forum, its mentioned � all of them) to their home country from Newark, NJ and JFK, NY Port of Entry � these were the H1B employees, who went to spend Christmas/New Year vacation to their home countries.
What does the memorandum mention, specifically, about 3rd Party Consulting companies?
Link to the memorandum (PDF attached) � http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
Employer-Employee Relationship:
As per the memorandum, some previous H1B Law defines, the definition of an �US Employer�. Somewhere in that definition (Page 2 of memo), it mentions the word �Employer-Employee relationship�. Till now, it seems that there was no clear guidance on what kind of relationship was considered having Employer-Employee relationship. So, it was being, probably, interpreted independently or ambiguously. Now, on Jan 8th, 2010, USCIS has published this memorandum for TRAINING USCIS OFFICIALS about understanding, Employer-Employee relationship. The memorandum seems to have been prepared with a clear understanding about it, along with the specific EXAMPLES.
Memorandum has given few specific examples, which would QUALIFY for having Employer-Employee relationship, on Page 4-5 of the Memo � including the nature of the job/business. On Page 5-6, memorandum gives few specific examples, which would NOT QUALIFY for having Employer-Employee relationship. Third Party Placement / �Job-Shop� (better version of �Body-shop�, probably) is NOT QUALIFIED for meeting Employer-Employee Relationships � meaning, 3rd Party placement (which most of the small consulting companies do) doesn�t meet H1B requirement, as defined by the law � meaning for this job, the new H1B or Extension or Stamping petitions CANNOT be approved!! Period !!
This is how memorandum has identified 3rd Party Placements and in Bold letters, why it disqualifies for the H1B petitions (comments are in Red):
�The petitioner is a computer consulting company (which is what all small consulting do). The petitioner has contract with numerous outside companies in which it supplies these companies with employee to fulfill specific staffing needs. The specific positions are not outlined in the contract between the petitioner and the third-party company but are staffed on an as-needed basis (this is nothing but, Service Agreement between the petitioner and the mid-vendor!). The beneficiary is a computer analyst (which is what many small consulting company�s employee are). The beneficiary has been assigned to work for the third-party company to fill a core position to maintain the third-party company�s payroll (this nothing but, Mid-Vendor�s or so-called Prime-Vendor�s or Consulting Partner�s Revenue). Once placed at the client company, the beneficiary reports to a manager who works for the third-party company (as it happens, when Consulting partner hires employee as a contractor). The beneficiary does not report to the petitioner for work assignments, and all work assignments are determined by the third-party company (petitioner just runs pay-rolls!). The petitioner does not control how the beneficiary will complete daily tasks, and no propriety information of the petitioner is used by the beneficiary to complete any work assignments (petitioner just runs pay-rolls!). The beneficiary�s end-product, the payroll (payroll of mid-vendor/prime vendor/consulting partner), is not in any way related to the petitioner�s line of business, which is computer consulting. The beneficiary�s progress reviews are completed by the client company, not the petitioner (petitioner just runs pay-rolls!). [Petitioner Has No Right to Control; No Exercise of Control].�
Right to Control:
Supreme Court has stated the definition of Employer-Employee Relationship (Page 3 of Memo), and there it was mentioned to have �Right to Control� over the work of the employee by the employer. From the entire memo, it sounds that Right control is well-established, ONLY WHEN, at least one supervisor from the petitioner�s company works with the beneficiary at the end-client site, and supervises beneficiary�s day-to-day work. So, big Consulting companies such as Wipro, Infosys, Accenture, Deloitte etc. will be good, as they would meet �Right to Control� and that way, they will satisfy H1B requirement by law, and their petitions for similar 3rd party consulting work, will be APPROVED, but not in case of, small consulting companies!! This is because, big consulting companies such as Accenture � have their entire or partial team � along with managers etc. � working at the same client site, where the beneficiary would be working, so they could supervise their work and so exercise control over their work etc., but that cannot be the case with the small consulting � because, their actual business has been, so far, to place employees and run pay-roll � not to get the client projects!
Why one could think that there are slim chances for this memorandum to get reversed in favor of small consulting companies?
This memorandum took care of big consulting companies such as Wipro, Infosys, Cognizant, Accenture etc. � meaning, these companies and their employees are NOT impacted. They can travel freely to-and-fro their home country etc. Since, big companies are not impacted, there will not be any big lobbying or oppositions to this memorandum, per say!! There don�t seem to be a platform for small consulting companies to gather and lobby, plus most the small consulting may not get involved, with fear of exposing themselves more to other issues!! So, it might be east to assume that this memorandum is permanent and not temporary. The recent deportation also indicates that the changes like this memorandum is for serious, not just the warning!
How this memorandum relates to the recent deportation events from NY and NJ airports?
There seems to be an anticipated link between these 2 events � Memorandum and recent Deportations � kind of an indication about the current level of government scrutiny and seriousness of the H1B program. Hence, there have been advices by others that � each employer and employee should operate by strictly following the H1B program requirements.
Link to Murthy.com front page posting about this � MurthyDotCom : NewsFlash! Note to H1Bs Traveling to U.S., Working for Consulting Companies (http://www.murthy.com/nflash/nf_h1conc.html)
What one could predict as happening sooner (trend)?
� Since, it seems big consulting companies (having their own consulting projects)/full-time end-clients and their beneficiaries are not impacted with these changes � there could be trend � employee moving from small companies to big companies for a better shelter for full-time positions � especially, when small consulting company�s immediate preventions / actions to this memo cannot ensure safety.
� Big consulting companies could buy small consulting companies or small consulting companies could sell their companies to big consulting companies (having their own consulting projects), to save their employee�s future/transition etc.
Good Luck my Friends....!!
Everyone knows what the impact would be...no one coming up with the solutions or ready to fight.
------------------------------------------------------------------------------------------
However, this is how many could read RECENT (Jan 8, 2010) actions / announcement by USCIS towards Consulting companies, which engages or merely places their employees at the client sites for various projects.
� No new H1B application will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� No new H1B extension/stamping will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� If an employee has H1B approved or extension approved, and if he/she comes back to US from a vacation or from an emergency, he/she would be deported back to his/her home country from the Port of Entry (PoE) � for 3rd Party Consulting company.
Why?
Because of 2 recent events:
1) USCIS gave new memorandum (which is now guidelines for USCIS professionals working on the H1B petitions/extensions) on Jan 08th, 2010. (Attached the PDF file for the memorandum).
2) Recently (Jan 2010) several H1B Employees were sent back (in some forum, its mentioned � all of them) to their home country from Newark, NJ and JFK, NY Port of Entry � these were the H1B employees, who went to spend Christmas/New Year vacation to their home countries.
What does the memorandum mention, specifically, about 3rd Party Consulting companies?
Link to the memorandum (PDF attached) � http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
Employer-Employee Relationship:
As per the memorandum, some previous H1B Law defines, the definition of an �US Employer�. Somewhere in that definition (Page 2 of memo), it mentions the word �Employer-Employee relationship�. Till now, it seems that there was no clear guidance on what kind of relationship was considered having Employer-Employee relationship. So, it was being, probably, interpreted independently or ambiguously. Now, on Jan 8th, 2010, USCIS has published this memorandum for TRAINING USCIS OFFICIALS about understanding, Employer-Employee relationship. The memorandum seems to have been prepared with a clear understanding about it, along with the specific EXAMPLES.
Memorandum has given few specific examples, which would QUALIFY for having Employer-Employee relationship, on Page 4-5 of the Memo � including the nature of the job/business. On Page 5-6, memorandum gives few specific examples, which would NOT QUALIFY for having Employer-Employee relationship. Third Party Placement / �Job-Shop� (better version of �Body-shop�, probably) is NOT QUALIFIED for meeting Employer-Employee Relationships � meaning, 3rd Party placement (which most of the small consulting companies do) doesn�t meet H1B requirement, as defined by the law � meaning for this job, the new H1B or Extension or Stamping petitions CANNOT be approved!! Period !!
This is how memorandum has identified 3rd Party Placements and in Bold letters, why it disqualifies for the H1B petitions (comments are in Red):
�The petitioner is a computer consulting company (which is what all small consulting do). The petitioner has contract with numerous outside companies in which it supplies these companies with employee to fulfill specific staffing needs. The specific positions are not outlined in the contract between the petitioner and the third-party company but are staffed on an as-needed basis (this is nothing but, Service Agreement between the petitioner and the mid-vendor!). The beneficiary is a computer analyst (which is what many small consulting company�s employee are). The beneficiary has been assigned to work for the third-party company to fill a core position to maintain the third-party company�s payroll (this nothing but, Mid-Vendor�s or so-called Prime-Vendor�s or Consulting Partner�s Revenue). Once placed at the client company, the beneficiary reports to a manager who works for the third-party company (as it happens, when Consulting partner hires employee as a contractor). The beneficiary does not report to the petitioner for work assignments, and all work assignments are determined by the third-party company (petitioner just runs pay-rolls!). The petitioner does not control how the beneficiary will complete daily tasks, and no propriety information of the petitioner is used by the beneficiary to complete any work assignments (petitioner just runs pay-rolls!). The beneficiary�s end-product, the payroll (payroll of mid-vendor/prime vendor/consulting partner), is not in any way related to the petitioner�s line of business, which is computer consulting. The beneficiary�s progress reviews are completed by the client company, not the petitioner (petitioner just runs pay-rolls!). [Petitioner Has No Right to Control; No Exercise of Control].�
Right to Control:
Supreme Court has stated the definition of Employer-Employee Relationship (Page 3 of Memo), and there it was mentioned to have �Right to Control� over the work of the employee by the employer. From the entire memo, it sounds that Right control is well-established, ONLY WHEN, at least one supervisor from the petitioner�s company works with the beneficiary at the end-client site, and supervises beneficiary�s day-to-day work. So, big Consulting companies such as Wipro, Infosys, Accenture, Deloitte etc. will be good, as they would meet �Right to Control� and that way, they will satisfy H1B requirement by law, and their petitions for similar 3rd party consulting work, will be APPROVED, but not in case of, small consulting companies!! This is because, big consulting companies such as Accenture � have their entire or partial team � along with managers etc. � working at the same client site, where the beneficiary would be working, so they could supervise their work and so exercise control over their work etc., but that cannot be the case with the small consulting � because, their actual business has been, so far, to place employees and run pay-roll � not to get the client projects!
Why one could think that there are slim chances for this memorandum to get reversed in favor of small consulting companies?
This memorandum took care of big consulting companies such as Wipro, Infosys, Cognizant, Accenture etc. � meaning, these companies and their employees are NOT impacted. They can travel freely to-and-fro their home country etc. Since, big companies are not impacted, there will not be any big lobbying or oppositions to this memorandum, per say!! There don�t seem to be a platform for small consulting companies to gather and lobby, plus most the small consulting may not get involved, with fear of exposing themselves more to other issues!! So, it might be east to assume that this memorandum is permanent and not temporary. The recent deportation also indicates that the changes like this memorandum is for serious, not just the warning!
How this memorandum relates to the recent deportation events from NY and NJ airports?
There seems to be an anticipated link between these 2 events � Memorandum and recent Deportations � kind of an indication about the current level of government scrutiny and seriousness of the H1B program. Hence, there have been advices by others that � each employer and employee should operate by strictly following the H1B program requirements.
Link to Murthy.com front page posting about this � MurthyDotCom : NewsFlash! Note to H1Bs Traveling to U.S., Working for Consulting Companies (http://www.murthy.com/nflash/nf_h1conc.html)
What one could predict as happening sooner (trend)?
� Since, it seems big consulting companies (having their own consulting projects)/full-time end-clients and their beneficiaries are not impacted with these changes � there could be trend � employee moving from small companies to big companies for a better shelter for full-time positions � especially, when small consulting company�s immediate preventions / actions to this memo cannot ensure safety.
� Big consulting companies could buy small consulting companies or small consulting companies could sell their companies to big consulting companies (having their own consulting projects), to save their employee�s future/transition etc.
Good Luck my Friends....!!
Everyone knows what the impact would be...no one coming up with the solutions or ready to fight.
more...
pictures Aprilia RS 125
eldrick
10-19 03:58 PM
Hello,
I have a problem. My husband's green card has been approved 2.5 months back and mine wasn't approved yet. I was called in for interview. Honestly, we dont know the reason why.
One of the documents that we need to present during the interview, is my husband's EVL. Since he already got his GC, we just learned few days back that his salary should at least match the prevailing wage in his labor certification. Unfortunately, we dont have a copy of his labor, Thus, we dont know his prevailing wage. One thing, we are sure of is his current salary is lower than the offered wage.
Now, during the interview there's a chance that the officer will notice that there is a discrepancy in the numbers.
So concerned about this. Any advice on what to do??? Please please we really need your help.
Thanks a lot!
I have a problem. My husband's green card has been approved 2.5 months back and mine wasn't approved yet. I was called in for interview. Honestly, we dont know the reason why.
One of the documents that we need to present during the interview, is my husband's EVL. Since he already got his GC, we just learned few days back that his salary should at least match the prevailing wage in his labor certification. Unfortunately, we dont have a copy of his labor, Thus, we dont know his prevailing wage. One thing, we are sure of is his current salary is lower than the offered wage.
Now, during the interview there's a chance that the officer will notice that there is a discrepancy in the numbers.
So concerned about this. Any advice on what to do??? Please please we really need your help.
Thanks a lot!
dresses Aprilia SR 50 R
at0474
12-14 12:55 PM
......
--Although I agree with what you said in earlier post (I had to debate with someone who thinks otherwise), I find this post in poor taste.
Please guild your temper while expressing yourself and refrain from bursting out. Looks bad to the outsiders if they visit these forums.
Ofcourse, humor is always welcome.
--Although I agree with what you said in earlier post (I had to debate with someone who thinks otherwise), I find this post in poor taste.
Please guild your temper while expressing yourself and refrain from bursting out. Looks bad to the outsiders if they visit these forums.
Ofcourse, humor is always welcome.
more...
makeup the Aprilia RS 125
Abilash
08-08 07:48 AM
Hi,
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 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 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...
girlfriend Aprilia RS 50
nandakumar
05-11 06:41 PM
Technically I can change my country of citizenship any number of times in my life (cannot, if struck like this GC limbo) or even religion but I cannot change my ethnicity even once because I'm born into it.
I agree Sri Lanka is a sovereign country but why did India poke its nose on the pre-1971 Pakistan and created a new country Bangladesh. Is there a different standard for different people with the Indian govt policies?
Even If I had not got the opportunity to come this great nation United States of America, land of free and country of brave, I would have done whatever I could in India to help the beleaguered Sri Lankan Tamils and protested against the policies of Govt of India toward this issue.
I�m upfront about showing my resentment towards my country of birth and I �don�t show false patriotism/nationalism towards India like other Pseudo-Nationalists, who internally betray India at any moment and ready to change their nationality at the next opportunity but externally portray that they are the guardian of India and it is their soul. I currently live in a country, where even burning the national flag is considered a form of protest, if someone thinks that expressing resentment to India or protesting against her policy is unpatriotic, grow up guys.
You can say whatever you want and judge me in your point of view, I�m not going to argue about it because you don�t live a life of a Indian Tamil with hands tied of being called a terrorist, when you support Sri Lankan Tamil cause, and you cannot understand the relationship we (Tamils from India) have with the Sri Lankan Tamils, besides the people (including small babies and even some in the womb), who are getting killed in Sri Lanka by the Sri Lankan government are not your kith and kin.
�.. If you find an issue, work on rectifying it if you have the guts. Don't give dramatic statements like " I too carry the Indian passport with shame" �.
You don�t know me, and you don�t know what positive things me and my family has done and doing to the people of India, particularly to the farming community and you don�t know what I�m doing to rectifying issues (whatever I�m working on)�..you should be careful when making these kind of statements on person you don�t know anything about except one comment on this thread.
Eventhough from a humanitarian point of view, I feel UPA should work with Srilankan government to work out peace. However it is not because the people being killed are Tamilians , who speak the same language as people from my neighbouring state.
I feel sorry for all the civilians who got killed in Iraq, same way.
Now you can't wait to "relinquish" the citizenship of a country that didn't poke it's nose into the affairs of a different sovereign nation as soon as you get the citizenship of another country that is directly responsible for deaths and horrible conditions of scroes more people.
The only reason you are carrying a Indian passport is because it suits you for now. The only condition you are willing to ditch that is when you are sure of a better suited passport for you.
Now express your anger/sympathy or any other emotion but don't pose as if you are doing it for the betterment of world. You put the language people speak over the country one belongs to. Remember the pledge you took during schooling? It said all Indians are my brothers and sisters. If you want to be a world citizen, no issues. People like you are of no use to any country. If you find an issue, work on rectifying it if you have the guts. Don't give dramatic statements like " I too carry the Indian passport with shame"
I agree Sri Lanka is a sovereign country but why did India poke its nose on the pre-1971 Pakistan and created a new country Bangladesh. Is there a different standard for different people with the Indian govt policies?
Even If I had not got the opportunity to come this great nation United States of America, land of free and country of brave, I would have done whatever I could in India to help the beleaguered Sri Lankan Tamils and protested against the policies of Govt of India toward this issue.
I�m upfront about showing my resentment towards my country of birth and I �don�t show false patriotism/nationalism towards India like other Pseudo-Nationalists, who internally betray India at any moment and ready to change their nationality at the next opportunity but externally portray that they are the guardian of India and it is their soul. I currently live in a country, where even burning the national flag is considered a form of protest, if someone thinks that expressing resentment to India or protesting against her policy is unpatriotic, grow up guys.
You can say whatever you want and judge me in your point of view, I�m not going to argue about it because you don�t live a life of a Indian Tamil with hands tied of being called a terrorist, when you support Sri Lankan Tamil cause, and you cannot understand the relationship we (Tamils from India) have with the Sri Lankan Tamils, besides the people (including small babies and even some in the womb), who are getting killed in Sri Lanka by the Sri Lankan government are not your kith and kin.
�.. If you find an issue, work on rectifying it if you have the guts. Don't give dramatic statements like " I too carry the Indian passport with shame" �.
You don�t know me, and you don�t know what positive things me and my family has done and doing to the people of India, particularly to the farming community and you don�t know what I�m doing to rectifying issues (whatever I�m working on)�..you should be careful when making these kind of statements on person you don�t know anything about except one comment on this thread.
Eventhough from a humanitarian point of view, I feel UPA should work with Srilankan government to work out peace. However it is not because the people being killed are Tamilians , who speak the same language as people from my neighbouring state.
I feel sorry for all the civilians who got killed in Iraq, same way.
Now you can't wait to "relinquish" the citizenship of a country that didn't poke it's nose into the affairs of a different sovereign nation as soon as you get the citizenship of another country that is directly responsible for deaths and horrible conditions of scroes more people.
The only reason you are carrying a Indian passport is because it suits you for now. The only condition you are willing to ditch that is when you are sure of a better suited passport for you.
Now express your anger/sympathy or any other emotion but don't pose as if you are doing it for the betterment of world. You put the language people speak over the country one belongs to. Remember the pledge you took during schooling? It said all Indians are my brothers and sisters. If you want to be a world citizen, no issues. People like you are of no use to any country. If you find an issue, work on rectifying it if you have the guts. Don't give dramatic statements like " I too carry the Indian passport with shame"
hairstyles Aprilia RS
ArkBird
07-26 06:51 PM
Here is one potential answer...
Yes, you will retire at 40 because no self-respecting person will come near you let alone hire you so I guess you will have to retire and that $xxxx/per month, please feel free to replace it with disability (of course mental!) benefits from your state! ;)
ArkBird
I am not with Amway or Quixtar but I think the folks with Amway/Quixtar are under represented on this thread and it's not fair :-)
Just to add another dimention to this thread I will play the devil's advocate :D
Here I go ...
You guys are all wasting your free time bitching on this thread where as we are spending all our free time growing our business. We will retire early as we would make $xxxx/month for nothing when we turn 40 and dont need to work anymore where as all you guys bitching about Amway / Quixtar will still be working hard at your jobs till 60.
What's your response ?
:D:D:D:D
Yes, you will retire at 40 because no self-respecting person will come near you let alone hire you so I guess you will have to retire and that $xxxx/per month, please feel free to replace it with disability (of course mental!) benefits from your state! ;)
ArkBird
I am not with Amway or Quixtar but I think the folks with Amway/Quixtar are under represented on this thread and it's not fair :-)
Just to add another dimention to this thread I will play the devil's advocate :D
Here I go ...
You guys are all wasting your free time bitching on this thread where as we are spending all our free time growing our business. We will retire early as we would make $xxxx/month for nothing when we turn 40 and dont need to work anymore where as all you guys bitching about Amway / Quixtar will still be working hard at your jobs till 60.
What's your response ?
:D:D:D:D
kittu1991
05-01 02:44 PM
It is a shame India does not act to protect the interests of its citizens even after this news came up.
Why do you think it is Indian citizens? Just because some politicians are saying so for their own gains all Tamilians in Srilanka are not Indian citizen.
Heck, even USA is trying harder than India by using its muscle to block billions of dollars of IMF funds to SL for not caring about ceasefire.
Are you suggesting India should start playing the role of world police as USA.
LTTE is the one who took the life of our beloved leader Rajiv Gandhi who would have taken India to much high in the world. And why should India protect them.
Why do you think it is Indian citizens? Just because some politicians are saying so for their own gains all Tamilians in Srilanka are not Indian citizen.
Heck, even USA is trying harder than India by using its muscle to block billions of dollars of IMF funds to SL for not caring about ceasefire.
Are you suggesting India should start playing the role of world police as USA.
LTTE is the one who took the life of our beloved leader Rajiv Gandhi who would have taken India to much high in the world. And why should India protect them.
gauravster
06-02 05:17 PM
Consultation for these purposes is free at some places. Check out
http://lawyers.findlaw.com/lawyer/firm/Civil-Rights/New-York/New-York
I would have loved to go, but things are keeping me busy for the next two weeks. If this is still not taken up, I might go alone and check this out and follow it up. If someone reading this is interested, can you try it out as well and let us know. Maybe we should consult multiple lawyers to make sure that we do or do not have a case. Everyone might interpret things differently.
Another link: http://public.findlaw.com/civil-rights/civil-rights-enforcement/civil-rights-violations-lawsuits.html
http://lawyers.findlaw.com/lawyer/firm/Civil-Rights/New-York/New-York
I would have loved to go, but things are keeping me busy for the next two weeks. If this is still not taken up, I might go alone and check this out and follow it up. If someone reading this is interested, can you try it out as well and let us know. Maybe we should consult multiple lawyers to make sure that we do or do not have a case. Everyone might interpret things differently.
Another link: http://public.findlaw.com/civil-rights/civil-rights-enforcement/civil-rights-violations-lawsuits.html
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