and Karma means ..do your work / duty and don't worry about results ..we need that ..i.e SEVERAL SMALL Campaigns (since big is not possible now due to members leaving IV / getting dejected that nothing is happening etc etc
let us not analyze and discuss too much ..we talk a lot and hence the karma that we get is more talk from so called Experts ..lets do numerous small campaigns ..at the very least people will start coming back to IV plus new memberships
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arent you in conflict with chanduv23's reply? i am stuck between both of the ideas:) not worried about the bill, its not a law yet..
When did you get your GC ?
A genuine mistake can be corrected using nunc-pro-tunc method. I used to work for a big Indian IT major and they forgot to file my wife's H4 and when I moved to a big 4 firm..they filed nunc-pro-tunc. According to you definition, if any company makes a mistake, we are illegal. LOL.
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has anyone else heard the same?
I like this news even if it is rumor. I have 3 live examples of the CTS guys that are not even eligible for H1 came on L1 (Project Manager) and applied in EB1 and all got Green Cards in 9 months. Their pay is even peanuts. Why USCIS does not check the pay stubs for these L1s?
There is no harm in being selfish and persuing a better life. "Do something good for India" is an ideal punch line for preachers. BUT Be realistic.
Hypothetically speaking let's say if USA decides not to take you in permanently what will you do?:D
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With all due respect, I beg to differ from Ron (probably for the first time).
Lawyers are what they are, lawyers. They won't be able to crunch numbers as well as folks in this group. The problem was, previously there wasn't much data to crunch. With that available, I'd take folks like Ron/Oh's comments and predictions with a pinch of salt, and concentrate on vdlrao's predictions.
Sometimes, numbers won't allow us to predict correctly, as USCIS also has limited ability to crunch numbers properly. However, at those times, all the bets are off.
Same applies to you.. If you are so crazy about Bharat, what are you doing here.... HEHEHE. Just thought that it was kinda funny statement because of your name....BharatPremi --- :D
Even that Angelina seemed to be crazy about USA. If S/he would be happy about everything in Canada why the hell s/he even visit immigration related boards meant for USA?
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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.
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
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.
Please all contact your lawyers and AILA why they have not filed a class action lawsuits yet for us?
I can't think of a good reason why they have not till now. We will know if class action lawsuit is a good idea or a bad idea.
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lazycis case was good at pointing out the key clause in the constitution that may help us. it's the due process clause in the 14th amendment, which extends not just to citizens.
"nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
lazycis case argument is a case from 1975 of a case for retired people over 65 who had been in the country less than 5 years, drawing state medicare benefits.
the EB community has on other hand has a median age of 32, most have stayed here for 5-10 years at least, consists of net contributors to the US economy and has passed many educational, legal and career barriers to get here. after all this just when our careers are about to fly, many of us find our opportunities being crushed because of our nationality.
mbartosik case argument is of prisoners in gitmo. even they could challenge the court and get something better than what they had - a military tribunal vs no tribunal earlier.
are we pension drawing dependants of state, or criminals or prisoners to suffer silently for years and years like this at the prime of our lives ?
is'nt the EB community being deprived of liberty ? has the EB community received due process ?
the tipping point from influencing the lawmakers to challenging the laws in court comes when people realise that lawmakers are indifferent to their cause for whatever reason, and some way is needed to bring attention to their immediate suffering.
before we rush to say checkmate with a particular strategy, let's understand the chessboard and the moves available on it. by knowing our rights under the constitution that's all we are doing. this knowledge may be useful in influencing the lawmakers also, in raising the caps for example to reduce the discriminatory consequences of current laws.
agreed that we need an abundance of caution and we will most likely lose the case given we are arguing from a position of extreme weakness. yet the constitution does promise us due process as residents of this great land. let's think about that as well.
some precedents for legal challenges to immigration laws exist on the ACLU and Rajiv Khanna websites.
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Do your own research before making a move. Don't get carried away with he said, she said ...... You know what I mean.
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Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.
This is a very interesting angle... even though on the surface it looks like we have a choice in taking that promotion and losing our place in queue, it is not really a choice. Do this a couple of times and your six years on H1-B expire, you basically have to leave your job and go back to your country. So taking a promotion is eventually a dead end. I think by extension, we can legally argue that this per-country based quota system is really (inadvertently) leading to discrimination in our employment based on nationality (which is unconstitutional).
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The guy is doing something to make his life better, atleast making an attempt to do something better, why do you losers are trying to demotivate and shoot him down.
No work is small or big , good or bad , work is work.. you wanna do it , just do it , else walk to out. Do not exhibit the desi attitude "I won't do it as what someone will say and also do not let any one else do it." Grow up.
OOPS a bitter and exhausted Amwayiter has arrived
from the above doc
"9 FAM APPENDIX D, 405 NUMERICAL CONTROL"
.... Each month a determination is made regarding the number of visas that can be made
available on a worldwide basis. .......
Numbers are made available in the chronological order of the applicant’s
priority dates. The monthly cut-off dates, which are used to determine
whether an applicant’s case is eligible for final interview, are published in the
Visa Bulletin available on the CA Intranet site....".
Then, the economy is in it's cycle, it will pick up without more house buying. The issue is banks not lending to BUSINESSES not mortgages.
Most imporant, the proposal is same as saying "Sell me a GC". Ya, sure, that will pass the House and Senate.
Remember, nothing stops you from buying a house right now!!
Not all numbers for 2007. Only numbers that were left before June 1st.
How many numbers are for EB-2 (India)? I think 2800.