mbawa2574
09-28 10:21 AM
As completely unrelated these two issues are (from a law maker's perspective) on a normal day, these are possibly those times when each of these issues can help the other.
IV has been discussing about the possibility of one for two solution (partial). The idea is to request congress to exempt EB applicants & their dependents from numerical limits of the Immigrant visas, if they buy a home. It is my belief that market sentiment is the most important thing in any financial market(s) and the housing prospects look pretty bleak. There are lot of members in the EB community that have NOT bought their own home, even though they could afford one because of the uncertainty with EB GC. IV's idea is to bridge the financial committees and judiciary committees in the House/Senate and see if corresponding Chairman/Ranking members are willing to listen. Things are moving so fast with the 700bn USD bail out plan and we will NOT have time to do things the normal way, through our counsel. We have to present this idea to the corresponding staff members of key members of congress (see list below) and see if this gets traction now or going forward.
Please do not bring EB-5 discussion/comparison here. The proposed partial solution is different from EB-5 in that EB-5 investors invest money and we are investing in our future with a genuine intention of making USA our permanent home.
If you already have a home, thats fine. Any such legislation will reduce the wait times in EB categories and we need housing markets to rebound for a safer economy before the ripple effects are felt every where.
Who to write to
Staff members(Chief of Staff, Legislative LA, Financial LA, Legislative Director) of Chairman/Ranking members of House/Senate Judiciary committee & Finance/Banking committee, Staff members of your representative and your senators. Please find staff members of the committees in the spreadsheet (http://spreadsheets.google.com/pub?key=pptN-jEpAiyd3snslhPjBfw).
You can find your representative & senator staff members on this website (http://www.outsourcecongress.org/outsource/congress/schstaffers.html).
Please use valid email addresses and NOT fictitious/junk mail. It undermines the whole purpose and our emails will be flagged by mail scanners / spam checkers as some thing similar to famous Nigeria bank account scams.
Email Subject: Proposal to alleviate current US Housing/economic crisis
Content/Message
SUMMARY
This proposal alleviates the current US economic crisis, by motivating the US high skilled, legal immigrant workers to purchase homes. The size of this immigrant population is approximately 800,000 individuals. This effort if successful would inject up to US$ 20Billion approximately into the economy (approximately US$ 100 Billion in houses sold across the country) , while at the same time directing this money into the root cause of the economic crisis � the illiquidity of the national housing market. The above calculation is done
assuming a median US home price of $212,400 and buyers making a down-payment of 20% of the cost of the home. Roughly estimating 400,000 buyers.
BACKGROUND
Undoubtedly, we are all devastated by the shake up on Wall Street in the past 15 days. Experts agree that the underpinning problem is the housing crisis caused by sub-prime mortgage loans. Many of us, who cannot afford our monthly mortgage payments are losing homes and putting them up for sale and foreclosure, which further adds to the crisis. At the same time, most of the Employment-based (EB) immigrant community would like to purchase homes and make the United States a permanent home for their families. These EB immigrants however, are living in a state of limbo, mostly in rental apartments because of the delays and uncertainties involved with the EB immigration procedure. The wait times in EB categories are exacerbated by the delays in processing by USCIS, even though eligible applicants have filed for Permanent Residency also known as Adjustment of Status. Such processing delays have resulted in the wastage of 218,000 immigrant visa numbers (Page 52 of USCIS Ombudsman Annual report 2007). The current Department of State visa bulletin shows 7+ years of wait times in certain categories. We strongly believe that legislation can be worked out in such a way that the housing markets all over the country can move towards recovery, while at the same time motivating the Green Card applicants to catalyze this recovery.
It should be noted that this proposal by no means brings more immigrant workers into the US. The workers in the EB, skilled category are already present in the US, doing skilled jobs that no US worker is available to do. They are part of the long queue of backlogged cases that USICIS will eventually process; however, this wait can take years and in that case could not be used as a tool to minimize the course of the current economic crisis.
SOLUTION
Congress can pass legislation that exempts EB green card applicants and their dependents from the numerical limits of visa numbers, provided applicant(s) have bought a home making 20% down payment on the sale price of the home, for a time period deemed necessary by the congress.
How can Employment based Immigrants help alleviate the housing problem?
(1) Employment based immigrants are highly skilled and are employed in occupations such as Software, IT, Health care, Energy, Finance, Education and Research & Development across the United States.
(2) Average income of these individuals/households is around 65,000/130,000 USD.
(3) All these Employment based immigrants have gone through Department of Labor�s recruiting process, which certifies that there is no willing, able and qualified US Citizen to do the job.
(4) Most of the Employment based immigrants have excellent credit history and good source of income to make the payments needed for their home mortgage.
(5) By requiring a 20% down payment from this group of buyers, Congress can directly channel this money to where it is need most � at the banks.
(6) Employment based green card applicants have been living in the United States for 6-8 years. Many of them have US graduate degrees in their fields of expertise. These applicants are well versed with the American culture and will not change the cultural landscape.
(7) Financial burden on US government and treasury will be reduced drastically if the glut of houses in the market decreases.
As a member of the community that wants to make the US its permanent home, I want to contribute to a solution that helps USA and US during these tough times. I sincerely believe that the 30 year commitment on mortgages by Employment based immigrants in the housing market, backed by solid, risk free mortgages can turn the down ward spiral in the housing market into a upward spiral.
END OF CONTENT
This would be a great idea and anywaz US will have to do something out of box to resolve this crisis. They have already lost the status of economic superpower and this country is going towards breakdown in case they don't welcome immigrants who bring in/generate capital for this country. Protectionists really need to be shut off at this point of time.
Now Questions is the best way to accomplish this ? In 2007, I wrote multiple emails to vicepresident@whitehouse.gov regarding this but never got a response. So if we can get this thought into their minds, this can resolve our issue and can give a good amount if relief to housing industry.
IV has been discussing about the possibility of one for two solution (partial). The idea is to request congress to exempt EB applicants & their dependents from numerical limits of the Immigrant visas, if they buy a home. It is my belief that market sentiment is the most important thing in any financial market(s) and the housing prospects look pretty bleak. There are lot of members in the EB community that have NOT bought their own home, even though they could afford one because of the uncertainty with EB GC. IV's idea is to bridge the financial committees and judiciary committees in the House/Senate and see if corresponding Chairman/Ranking members are willing to listen. Things are moving so fast with the 700bn USD bail out plan and we will NOT have time to do things the normal way, through our counsel. We have to present this idea to the corresponding staff members of key members of congress (see list below) and see if this gets traction now or going forward.
Please do not bring EB-5 discussion/comparison here. The proposed partial solution is different from EB-5 in that EB-5 investors invest money and we are investing in our future with a genuine intention of making USA our permanent home.
If you already have a home, thats fine. Any such legislation will reduce the wait times in EB categories and we need housing markets to rebound for a safer economy before the ripple effects are felt every where.
Who to write to
Staff members(Chief of Staff, Legislative LA, Financial LA, Legislative Director) of Chairman/Ranking members of House/Senate Judiciary committee & Finance/Banking committee, Staff members of your representative and your senators. Please find staff members of the committees in the spreadsheet (http://spreadsheets.google.com/pub?key=pptN-jEpAiyd3snslhPjBfw).
You can find your representative & senator staff members on this website (http://www.outsourcecongress.org/outsource/congress/schstaffers.html).
Please use valid email addresses and NOT fictitious/junk mail. It undermines the whole purpose and our emails will be flagged by mail scanners / spam checkers as some thing similar to famous Nigeria bank account scams.
Email Subject: Proposal to alleviate current US Housing/economic crisis
Content/Message
SUMMARY
This proposal alleviates the current US economic crisis, by motivating the US high skilled, legal immigrant workers to purchase homes. The size of this immigrant population is approximately 800,000 individuals. This effort if successful would inject up to US$ 20Billion approximately into the economy (approximately US$ 100 Billion in houses sold across the country) , while at the same time directing this money into the root cause of the economic crisis � the illiquidity of the national housing market. The above calculation is done
assuming a median US home price of $212,400 and buyers making a down-payment of 20% of the cost of the home. Roughly estimating 400,000 buyers.
BACKGROUND
Undoubtedly, we are all devastated by the shake up on Wall Street in the past 15 days. Experts agree that the underpinning problem is the housing crisis caused by sub-prime mortgage loans. Many of us, who cannot afford our monthly mortgage payments are losing homes and putting them up for sale and foreclosure, which further adds to the crisis. At the same time, most of the Employment-based (EB) immigrant community would like to purchase homes and make the United States a permanent home for their families. These EB immigrants however, are living in a state of limbo, mostly in rental apartments because of the delays and uncertainties involved with the EB immigration procedure. The wait times in EB categories are exacerbated by the delays in processing by USCIS, even though eligible applicants have filed for Permanent Residency also known as Adjustment of Status. Such processing delays have resulted in the wastage of 218,000 immigrant visa numbers (Page 52 of USCIS Ombudsman Annual report 2007). The current Department of State visa bulletin shows 7+ years of wait times in certain categories. We strongly believe that legislation can be worked out in such a way that the housing markets all over the country can move towards recovery, while at the same time motivating the Green Card applicants to catalyze this recovery.
It should be noted that this proposal by no means brings more immigrant workers into the US. The workers in the EB, skilled category are already present in the US, doing skilled jobs that no US worker is available to do. They are part of the long queue of backlogged cases that USICIS will eventually process; however, this wait can take years and in that case could not be used as a tool to minimize the course of the current economic crisis.
SOLUTION
Congress can pass legislation that exempts EB green card applicants and their dependents from the numerical limits of visa numbers, provided applicant(s) have bought a home making 20% down payment on the sale price of the home, for a time period deemed necessary by the congress.
How can Employment based Immigrants help alleviate the housing problem?
(1) Employment based immigrants are highly skilled and are employed in occupations such as Software, IT, Health care, Energy, Finance, Education and Research & Development across the United States.
(2) Average income of these individuals/households is around 65,000/130,000 USD.
(3) All these Employment based immigrants have gone through Department of Labor�s recruiting process, which certifies that there is no willing, able and qualified US Citizen to do the job.
(4) Most of the Employment based immigrants have excellent credit history and good source of income to make the payments needed for their home mortgage.
(5) By requiring a 20% down payment from this group of buyers, Congress can directly channel this money to where it is need most � at the banks.
(6) Employment based green card applicants have been living in the United States for 6-8 years. Many of them have US graduate degrees in their fields of expertise. These applicants are well versed with the American culture and will not change the cultural landscape.
(7) Financial burden on US government and treasury will be reduced drastically if the glut of houses in the market decreases.
As a member of the community that wants to make the US its permanent home, I want to contribute to a solution that helps USA and US during these tough times. I sincerely believe that the 30 year commitment on mortgages by Employment based immigrants in the housing market, backed by solid, risk free mortgages can turn the down ward spiral in the housing market into a upward spiral.
END OF CONTENT
This would be a great idea and anywaz US will have to do something out of box to resolve this crisis. They have already lost the status of economic superpower and this country is going towards breakdown in case they don't welcome immigrants who bring in/generate capital for this country. Protectionists really need to be shut off at this point of time.
Now Questions is the best way to accomplish this ? In 2007, I wrote multiple emails to vicepresident@whitehouse.gov regarding this but never got a response. So if we can get this thought into their minds, this can resolve our issue and can give a good amount if relief to housing industry.
wallpaper hair them to goldfish crackers
chantu
04-02 09:05 AM
Why I don't like Congress..
http://ibnlive.in.com/news/im-glad-the-truth-had-come-out-jagdish-tytler/89326-3.html
And our current PM is a Sikh. That is why I am saying that MMS does not have spine. He does not have self respect. He is warming PM's chair until Yuvraj is ready. There is no use of good academic record if you are a shameless chaprasi.
http://ibnlive.in.com/news/im-glad-the-truth-had-come-out-jagdish-tytler/89326-3.html
And our current PM is a Sikh. That is why I am saying that MMS does not have spine. He does not have self respect. He is warming PM's chair until Yuvraj is ready. There is no use of good academic record if you are a shameless chaprasi.
visves
06-28 09:51 AM
I think the 40,000 number is the wastage predicted by the ombudsman at the prior rate of approval that was prevalent earlier in the year. This probably implies that CIS would have used about 100,000 numbers at it's prior rate or about 25000 per quarter. This in turn would imply that CIS would have roughly 40000 (predicted wastage) + 25000 (last quarter's numbers that might have been used had CIS continued at it's earlier pace) = approx 65000 available starting June 1. I highly doubt if this could be used in just a month or two.
But all said and done, whatever the real number of visas that's available I feel it's in everybody's best interest to just apply at the earliest they possibly could.
My take on this is that if 40,000 visa numbers remain for July, August and September, then USCIS by itself cannot use 40,000 visa numbers in one month alone (i.e. in july), because the DOS just supplies them monthly quotas. So, if you take approx. 18,000 per month, you are looking at 18,000 for July and 18,000 for August. Then, USCIS have to use them. Which means USCIS has to approve 18,000 petitions in July. As, I have heard that USCIS just started out sending finger print notices this month, because Priority Dates moved a lot in June 2007. Now, the fingerprints, will come in and forwarded to FBI for security clearance. That will take atleast a month. And, all petitions activated for clearance in June 2007 won't get adjudicated till August 31, 2007, because it takes atleast three months, for a case to approve and the visa number to be used. (Remember Visa numbers are allocated on visas used and not how amny people applied). Please share your thoughts. Thats my 2 pennies.
But all said and done, whatever the real number of visas that's available I feel it's in everybody's best interest to just apply at the earliest they possibly could.
My take on this is that if 40,000 visa numbers remain for July, August and September, then USCIS by itself cannot use 40,000 visa numbers in one month alone (i.e. in july), because the DOS just supplies them monthly quotas. So, if you take approx. 18,000 per month, you are looking at 18,000 for July and 18,000 for August. Then, USCIS have to use them. Which means USCIS has to approve 18,000 petitions in July. As, I have heard that USCIS just started out sending finger print notices this month, because Priority Dates moved a lot in June 2007. Now, the fingerprints, will come in and forwarded to FBI for security clearance. That will take atleast a month. And, all petitions activated for clearance in June 2007 won't get adjudicated till August 31, 2007, because it takes atleast three months, for a case to approve and the visa number to be used. (Remember Visa numbers are allocated on visas used and not how amny people applied). Please share your thoughts. Thats my 2 pennies.
2011 ag of Goldfish crackers.
viva
01-28 01:57 PM
I think my previous question asking the poster of the question to contribute was deleted by the moderator.
It is a valid request to ask the poster of the question to contribute. If the person is coming on this site hoping to get a benefit from the members, then they must be willing to help out the organization too. I believe in the saying ," You scratch my back, I scratch yours."
There is no force involved here; it is just persuasion in the right direction. We will never reach our contribution goals if all people continue to get answers without contributing to the organization in return.
Core team- We should display a pop-ad for any new member signing up to IV asking them if they want to contribute. We need to get aggressive. This is no time to be passive.
It is a valid request to ask the poster of the question to contribute. If the person is coming on this site hoping to get a benefit from the members, then they must be willing to help out the organization too. I believe in the saying ," You scratch my back, I scratch yours."
There is no force involved here; it is just persuasion in the right direction. We will never reach our contribution goals if all people continue to get answers without contributing to the organization in return.
Core team- We should display a pop-ad for any new member signing up to IV asking them if they want to contribute. We need to get aggressive. This is no time to be passive.
more...
GCA
08-17 01:47 PM
Collin Powell incident is America's problem. Even after the civil rights movement and equality to Blacks, they are still having discrimination. Just ask Black people in America and how they feel in their daily life.
So according to you by coming to America we should forget India because you will call us traitor? Have you heard how Jews in America are so strong and care for Israel even after becoming US citizens?
The fact is Indians are responsible for their own problems and greencard woes. They want to live in this sorry state and blame everyone else around them except themselves. They do not have any pride in their roots and thus flee their own country. They do not come to this country for betterment of their skills, education and experience but because they want to flee the country. There maybe exceptions but this is what I have seen in Indians who are on H1B or who have become US Citizens.
There could be several reasons for people coming here. But most and primary reason is making some quick money and returning back. And a good portion of that money goes back to our motherland to prosper. People didn't flee the country. They flew out of the country because their skills are valued more elsewhere - its simple demand supply economics that made/makes our skills more valued outside - I don't want to eloborate more and hurt someone which definitely wasn't the intention.
IF we are after the GC, its purely for the mobility and assurity it provides and not for the path to citizenship. Though most of them want to return back, we still want the GC so we call the shots and not the INS. Long story short, no one is a traitor. They are just common 'smart' people - yah, they are common from the land we come from.
So according to you by coming to America we should forget India because you will call us traitor? Have you heard how Jews in America are so strong and care for Israel even after becoming US citizens?
The fact is Indians are responsible for their own problems and greencard woes. They want to live in this sorry state and blame everyone else around them except themselves. They do not have any pride in their roots and thus flee their own country. They do not come to this country for betterment of their skills, education and experience but because they want to flee the country. There maybe exceptions but this is what I have seen in Indians who are on H1B or who have become US Citizens.
There could be several reasons for people coming here. But most and primary reason is making some quick money and returning back. And a good portion of that money goes back to our motherland to prosper. People didn't flee the country. They flew out of the country because their skills are valued more elsewhere - its simple demand supply economics that made/makes our skills more valued outside - I don't want to eloborate more and hurt someone which definitely wasn't the intention.
IF we are after the GC, its purely for the mobility and assurity it provides and not for the path to citizenship. Though most of them want to return back, we still want the GC so we call the shots and not the INS. Long story short, no one is a traitor. They are just common 'smart' people - yah, they are common from the land we come from.
Desertfox
09-23 05:35 PM
FIRST lets just send out the emails as requested by IV (Yes, this is OFFICIALLY ENDORSED BY IV initiative)
We will have all the time in the world to discuss the details.
OK... I support the initiative because it will remove some people ahead of me in line. However, I bought a house last week with 3% downpayment on FHA loan, and now how can I justify writing an email with the draft that urges for GCs only for those who paid 20% downpayment?
Can you give me some thoughts on this so that I can make my selfish mind to agree on writing this email to congress?
We will have all the time in the world to discuss the details.
OK... I support the initiative because it will remove some people ahead of me in line. However, I bought a house last week with 3% downpayment on FHA loan, and now how can I justify writing an email with the draft that urges for GCs only for those who paid 20% downpayment?
Can you give me some thoughts on this so that I can make my selfish mind to agree on writing this email to congress?
more...
snathan
01-21 06:27 PM
I got the below email from multiple friends. I don't know what is the source, who wrote this analysis because there is no links. I did NOT mean to spread the fear. Just sharing the contents unaltered.
------------------------------------------------------------------------------------------
However, this is how many could read RECENT (Jan 8, 2010) actions / announcement by USCIS towards Consulting companies, which engages or merely places their employees at the client sites for various projects.
� No new H1B application will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� No new H1B extension/stamping will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� If an employee has H1B approved or extension approved, and if he/she comes back to US from a vacation or from an emergency, he/she would be deported back to his/her home country from the Port of Entry (PoE) � for 3rd Party Consulting company.
Why?
Because of 2 recent events:
1) USCIS gave new memorandum (which is now guidelines for USCIS professionals working on the H1B petitions/extensions) on Jan 08th, 2010. (Attached the PDF file for the memorandum).
2) Recently (Jan 2010) several H1B Employees were sent back (in some forum, its mentioned � all of them) to their home country from Newark, NJ and JFK, NY Port of Entry � these were the H1B employees, who went to spend Christmas/New Year vacation to their home countries.
What does the memorandum mention, specifically, about 3rd Party Consulting companies?
Link to the memorandum (PDF attached) � http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
Employer-Employee Relationship:
As per the memorandum, some previous H1B Law defines, the definition of an �US Employer�. Somewhere in that definition (Page 2 of memo), it mentions the word �Employer-Employee relationship�. Till now, it seems that there was no clear guidance on what kind of relationship was considered having Employer-Employee relationship. So, it was being, probably, interpreted independently or ambiguously. Now, on Jan 8th, 2010, USCIS has published this memorandum for TRAINING USCIS OFFICIALS about understanding, Employer-Employee relationship. The memorandum seems to have been prepared with a clear understanding about it, along with the specific EXAMPLES.
Memorandum has given few specific examples, which would QUALIFY for having Employer-Employee relationship, on Page 4-5 of the Memo � including the nature of the job/business. On Page 5-6, memorandum gives few specific examples, which would NOT QUALIFY for having Employer-Employee relationship. Third Party Placement / �Job-Shop� (better version of �Body-shop�, probably) is NOT QUALIFIED for meeting Employer-Employee Relationships � meaning, 3rd Party placement (which most of the small consulting companies do) doesn�t meet H1B requirement, as defined by the law � meaning for this job, the new H1B or Extension or Stamping petitions CANNOT be approved!! Period !!
This is how memorandum has identified 3rd Party Placements and in Bold letters, why it disqualifies for the H1B petitions (comments are in Red):
�The petitioner is a computer consulting company (which is what all small consulting do). The petitioner has contract with numerous outside companies in which it supplies these companies with employee to fulfill specific staffing needs. The specific positions are not outlined in the contract between the petitioner and the third-party company but are staffed on an as-needed basis (this is nothing but, Service Agreement between the petitioner and the mid-vendor!). The beneficiary is a computer analyst (which is what many small consulting company�s employee are). The beneficiary has been assigned to work for the third-party company to fill a core position to maintain the third-party company�s payroll (this nothing but, Mid-Vendor�s or so-called Prime-Vendor�s or Consulting Partner�s Revenue). Once placed at the client company, the beneficiary reports to a manager who works for the third-party company (as it happens, when Consulting partner hires employee as a contractor). The beneficiary does not report to the petitioner for work assignments, and all work assignments are determined by the third-party company (petitioner just runs pay-rolls!). The petitioner does not control how the beneficiary will complete daily tasks, and no propriety information of the petitioner is used by the beneficiary to complete any work assignments (petitioner just runs pay-rolls!). The beneficiary�s end-product, the payroll (payroll of mid-vendor/prime vendor/consulting partner), is not in any way related to the petitioner�s line of business, which is computer consulting. The beneficiary�s progress reviews are completed by the client company, not the petitioner (petitioner just runs pay-rolls!). [Petitioner Has No Right to Control; No Exercise of Control].�
Right to Control:
Supreme Court has stated the definition of Employer-Employee Relationship (Page 3 of Memo), and there it was mentioned to have �Right to Control� over the work of the employee by the employer. From the entire memo, it sounds that Right control is well-established, ONLY WHEN, at least one supervisor from the petitioner�s company works with the beneficiary at the end-client site, and supervises beneficiary�s day-to-day work. So, big Consulting companies such as Wipro, Infosys, Accenture, Deloitte etc. will be good, as they would meet �Right to Control� and that way, they will satisfy H1B requirement by law, and their petitions for similar 3rd party consulting work, will be APPROVED, but not in case of, small consulting companies!! This is because, big consulting companies such as Accenture � have their entire or partial team � along with managers etc. � working at the same client site, where the beneficiary would be working, so they could supervise their work and so exercise control over their work etc., but that cannot be the case with the small consulting � because, their actual business has been, so far, to place employees and run pay-roll � not to get the client projects!
Why one could think that there are slim chances for this memorandum to get reversed in favor of small consulting companies?
This memorandum took care of big consulting companies such as Wipro, Infosys, Cognizant, Accenture etc. � meaning, these companies and their employees are NOT impacted. They can travel freely to-and-fro their home country etc. Since, big companies are not impacted, there will not be any big lobbying or oppositions to this memorandum, per say!! There don�t seem to be a platform for small consulting companies to gather and lobby, plus most the small consulting may not get involved, with fear of exposing themselves more to other issues!! So, it might be east to assume that this memorandum is permanent and not temporary. The recent deportation also indicates that the changes like this memorandum is for serious, not just the warning!
How this memorandum relates to the recent deportation events from NY and NJ airports?
There seems to be an anticipated link between these 2 events � Memorandum and recent Deportations � kind of an indication about the current level of government scrutiny and seriousness of the H1B program. Hence, there have been advices by others that � each employer and employee should operate by strictly following the H1B program requirements.
Link to Murthy.com front page posting about this � MurthyDotCom : NewsFlash! Note to H1Bs Traveling to U.S., Working for Consulting Companies (http://www.murthy.com/nflash/nf_h1conc.html)
What one could predict as happening sooner (trend)?
� Since, it seems big consulting companies (having their own consulting projects)/full-time end-clients and their beneficiaries are not impacted with these changes � there could be trend � employee moving from small companies to big companies for a better shelter for full-time positions � especially, when small consulting company�s immediate preventions / actions to this memo cannot ensure safety.
� Big consulting companies could buy small consulting companies or small consulting companies could sell their companies to big consulting companies (having their own consulting projects), to save their employee�s future/transition etc.
Good Luck my Friends....!!
Everyone knows what the impact would be...no one coming up with the solutions or ready to fight.
------------------------------------------------------------------------------------------
However, this is how many could read RECENT (Jan 8, 2010) actions / announcement by USCIS towards Consulting companies, which engages or merely places their employees at the client sites for various projects.
� No new H1B application will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� No new H1B extension/stamping will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� If an employee has H1B approved or extension approved, and if he/she comes back to US from a vacation or from an emergency, he/she would be deported back to his/her home country from the Port of Entry (PoE) � for 3rd Party Consulting company.
Why?
Because of 2 recent events:
1) USCIS gave new memorandum (which is now guidelines for USCIS professionals working on the H1B petitions/extensions) on Jan 08th, 2010. (Attached the PDF file for the memorandum).
2) Recently (Jan 2010) several H1B Employees were sent back (in some forum, its mentioned � all of them) to their home country from Newark, NJ and JFK, NY Port of Entry � these were the H1B employees, who went to spend Christmas/New Year vacation to their home countries.
What does the memorandum mention, specifically, about 3rd Party Consulting companies?
Link to the memorandum (PDF attached) � http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
Employer-Employee Relationship:
As per the memorandum, some previous H1B Law defines, the definition of an �US Employer�. Somewhere in that definition (Page 2 of memo), it mentions the word �Employer-Employee relationship�. Till now, it seems that there was no clear guidance on what kind of relationship was considered having Employer-Employee relationship. So, it was being, probably, interpreted independently or ambiguously. Now, on Jan 8th, 2010, USCIS has published this memorandum for TRAINING USCIS OFFICIALS about understanding, Employer-Employee relationship. The memorandum seems to have been prepared with a clear understanding about it, along with the specific EXAMPLES.
Memorandum has given few specific examples, which would QUALIFY for having Employer-Employee relationship, on Page 4-5 of the Memo � including the nature of the job/business. On Page 5-6, memorandum gives few specific examples, which would NOT QUALIFY for having Employer-Employee relationship. Third Party Placement / �Job-Shop� (better version of �Body-shop�, probably) is NOT QUALIFIED for meeting Employer-Employee Relationships � meaning, 3rd Party placement (which most of the small consulting companies do) doesn�t meet H1B requirement, as defined by the law � meaning for this job, the new H1B or Extension or Stamping petitions CANNOT be approved!! Period !!
This is how memorandum has identified 3rd Party Placements and in Bold letters, why it disqualifies for the H1B petitions (comments are in Red):
�The petitioner is a computer consulting company (which is what all small consulting do). The petitioner has contract with numerous outside companies in which it supplies these companies with employee to fulfill specific staffing needs. The specific positions are not outlined in the contract between the petitioner and the third-party company but are staffed on an as-needed basis (this is nothing but, Service Agreement between the petitioner and the mid-vendor!). The beneficiary is a computer analyst (which is what many small consulting company�s employee are). The beneficiary has been assigned to work for the third-party company to fill a core position to maintain the third-party company�s payroll (this nothing but, Mid-Vendor�s or so-called Prime-Vendor�s or Consulting Partner�s Revenue). Once placed at the client company, the beneficiary reports to a manager who works for the third-party company (as it happens, when Consulting partner hires employee as a contractor). The beneficiary does not report to the petitioner for work assignments, and all work assignments are determined by the third-party company (petitioner just runs pay-rolls!). The petitioner does not control how the beneficiary will complete daily tasks, and no propriety information of the petitioner is used by the beneficiary to complete any work assignments (petitioner just runs pay-rolls!). The beneficiary�s end-product, the payroll (payroll of mid-vendor/prime vendor/consulting partner), is not in any way related to the petitioner�s line of business, which is computer consulting. The beneficiary�s progress reviews are completed by the client company, not the petitioner (petitioner just runs pay-rolls!). [Petitioner Has No Right to Control; No Exercise of Control].�
Right to Control:
Supreme Court has stated the definition of Employer-Employee Relationship (Page 3 of Memo), and there it was mentioned to have �Right to Control� over the work of the employee by the employer. From the entire memo, it sounds that Right control is well-established, ONLY WHEN, at least one supervisor from the petitioner�s company works with the beneficiary at the end-client site, and supervises beneficiary�s day-to-day work. So, big Consulting companies such as Wipro, Infosys, Accenture, Deloitte etc. will be good, as they would meet �Right to Control� and that way, they will satisfy H1B requirement by law, and their petitions for similar 3rd party consulting work, will be APPROVED, but not in case of, small consulting companies!! This is because, big consulting companies such as Accenture � have their entire or partial team � along with managers etc. � working at the same client site, where the beneficiary would be working, so they could supervise their work and so exercise control over their work etc., but that cannot be the case with the small consulting � because, their actual business has been, so far, to place employees and run pay-roll � not to get the client projects!
Why one could think that there are slim chances for this memorandum to get reversed in favor of small consulting companies?
This memorandum took care of big consulting companies such as Wipro, Infosys, Cognizant, Accenture etc. � meaning, these companies and their employees are NOT impacted. They can travel freely to-and-fro their home country etc. Since, big companies are not impacted, there will not be any big lobbying or oppositions to this memorandum, per say!! There don�t seem to be a platform for small consulting companies to gather and lobby, plus most the small consulting may not get involved, with fear of exposing themselves more to other issues!! So, it might be east to assume that this memorandum is permanent and not temporary. The recent deportation also indicates that the changes like this memorandum is for serious, not just the warning!
How this memorandum relates to the recent deportation events from NY and NJ airports?
There seems to be an anticipated link between these 2 events � Memorandum and recent Deportations � kind of an indication about the current level of government scrutiny and seriousness of the H1B program. Hence, there have been advices by others that � each employer and employee should operate by strictly following the H1B program requirements.
Link to Murthy.com front page posting about this � MurthyDotCom : NewsFlash! Note to H1Bs Traveling to U.S., Working for Consulting Companies (http://www.murthy.com/nflash/nf_h1conc.html)
What one could predict as happening sooner (trend)?
� Since, it seems big consulting companies (having their own consulting projects)/full-time end-clients and their beneficiaries are not impacted with these changes � there could be trend � employee moving from small companies to big companies for a better shelter for full-time positions � especially, when small consulting company�s immediate preventions / actions to this memo cannot ensure safety.
� Big consulting companies could buy small consulting companies or small consulting companies could sell their companies to big consulting companies (having their own consulting projects), to save their employee�s future/transition etc.
Good Luck my Friends....!!
Everyone knows what the impact would be...no one coming up with the solutions or ready to fight.
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amsgc
07-04 11:22 AM
Need more titles!
Most persons don't know what USCIS is. I did not know about USCIS/DOS/DOL... until after 1 year in retrogression!
"The US govt. does a number on High Skilled Immigrants"
http://immigrationvoice.org/forum/showthread.php?t=5994&page=9
Most persons don't know what USCIS is. I did not know about USCIS/DOS/DOL... until after 1 year in retrogression!
"The US govt. does a number on High Skilled Immigrants"
http://immigrationvoice.org/forum/showthread.php?t=5994&page=9
more...
chanduv23
08-17 01:21 PM
Do you mean to say if one american actor/actress is frisked away at Mumbai or delhi airport, americans will go to street and burn the indian flag..? GOA will go after the indian security and customs...? I am not blaming anything about SRK. I am blaming common man, GOI....most importantly the OP who started the thread for SRK....well this is my last post here and I dont want to waste my time on a useless issue.
Common man is common man everywhere. Star worship is something that exists everywhere. be it sportsmen or movie stars - these people win hearts of people and thats what matters which is most important.
Now you are blaming people for worshipping him. Thats how things are.
Do you know how crazy soccer fans are in some countries?
Thats how things are my friend.
Common man is common man everywhere. Star worship is something that exists everywhere. be it sportsmen or movie stars - these people win hearts of people and thats what matters which is most important.
Now you are blaming people for worshipping him. Thats how things are.
Do you know how crazy soccer fans are in some countries?
Thats how things are my friend.
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srikanth
07-11 06:23 PM
Hi congrats and good luck !!!
but, remember Once an American Always an American !!!
Live free or Die !!!
Please, do come back , when they fix immigration system... America does need skilled talented professionals like you to compete against outsourcing in a flat world.
and remember Canada does not yet has a professional football team, go patriots !!!
but, remember Once an American Always an American !!!
Live free or Die !!!
Please, do come back , when they fix immigration system... America does need skilled talented professionals like you to compete against outsourcing in a flat world.
and remember Canada does not yet has a professional football team, go patriots !!!
more...
thepaew
03-27 11:53 AM
Smart Money is on Kumari Mayawati
Boss, remove Atalji. He is on bed for last 8 months. So no chance for him.
Sonia Gandhi is out of question as people will not accept her.
Rahul is a baccha ( KID ) in front of all those stalwarts ( old and experience wolves ).
Contest should be only between MMS and Advani.
Though i would have loved to see Modi on PM HOT seat.
Boss, remove Atalji. He is on bed for last 8 months. So no chance for him.
Sonia Gandhi is out of question as people will not accept her.
Rahul is a baccha ( KID ) in front of all those stalwarts ( old and experience wolves ).
Contest should be only between MMS and Advani.
Though i would have loved to see Modi on PM HOT seat.
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breddy2000
09-04 03:54 PM
If this thread (forum) was a court room. It would have been declared by Judge that YSR is indeed the most corrupt politician AP had and pending further investigation all the occupied & grabbed lands, wealth be ordered to pay to the victims. In addition, the Judge would put a life time ban his Son from active politics.
I hope all posters, readers will condemn corruption and blood politics and see US system (for we being in US) as an example for India. No one can better understand American system than us and how it can be modulated to fit into India.
If this was about you being having admin previledges,you wud have been taken to trial for misusing this board.....AH...
I hope all posters, readers will condemn corruption and blood politics and see US system (for we being in US) as an example for India. No one can better understand American system than us and how it can be modulated to fit into India.
If this was about you being having admin previledges,you wud have been taken to trial for misusing this board.....AH...
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Kodi
05-25 01:11 PM
This is very true. When your passport is from a 3rd world country they give you such a hard time.
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vxg
06-04 01:09 PM
Instead of Interim GC we should demand that once Labor and I-140 is approved remove the restriction wherein a person has to stay in same job type until GC approved in other words allow the person to take any job while I-485 is pending. This will be a big benefit and logically makes sense. If this happens than GC wait will not pigeon hole people's career in one job and allow them to grow and contribute to economy.
Giving an interim GC while visa number is unavailable will have the effect of bypassing the entire GC quota system. How do you want the interim card to be different from the final thing? No way that anyone in Congress will allow for their laws to be overridden through USCIS rulemaking.
Giving an interim GC while visa number is unavailable will have the effect of bypassing the entire GC quota system. How do you want the interim card to be different from the final thing? No way that anyone in Congress will allow for their laws to be overridden through USCIS rulemaking.
more...
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GCard_Dream
03-20 12:10 PM
Don't even bother. I have tried arguing the same thing over and over again yet some people never seem to get it and keep comparing Canada and US. The reason people are even talking about Canada is because there is almost no hope for GC in US and people keep on saying US is better. It is but what good will it do to you if you can't stay here and enjoy the so called better opportunity in US.
What makes you think we will not file Canadian taxes ? Ofcourse we will file taxes.
No one is forcing anyonme to apply or move to Canada. Also why compare US and Canada . We are going there because US is not giving GC and we dont want to live in turmoil for years.
Compare US and Canada only when both options are open for you.
I will repeat an analogy I had given earlier to describe Canada/USA compare.
Say you are a pure vegeterian. You go to a restauraunt where you have 2 choices masala dosa and mutton biryani. Lets say the mutton biryani is supposed to be specilaity of that place and is awesome but still the poor veg guy has to choose masals dosa because he has no other choice. Telling him the mutton biryani is excellent is pointless correct !
What makes you think we will not file Canadian taxes ? Ofcourse we will file taxes.
No one is forcing anyonme to apply or move to Canada. Also why compare US and Canada . We are going there because US is not giving GC and we dont want to live in turmoil for years.
Compare US and Canada only when both options are open for you.
I will repeat an analogy I had given earlier to describe Canada/USA compare.
Say you are a pure vegeterian. You go to a restauraunt where you have 2 choices masala dosa and mutton biryani. Lets say the mutton biryani is supposed to be specilaity of that place and is awesome but still the poor veg guy has to choose masals dosa because he has no other choice. Telling him the mutton biryani is excellent is pointless correct !
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gc4me
03-28 03:52 PM
Looks like yes. I think, I-140 need to be cleared before April 26th.
Or the day the rule gets in effect.
I'm more concerned about this:
Does this actually say that unless the substitution is approved before the rule becomes effective, the labor cert. would be invalidated?
:confused:
Or the day the rule gets in effect.
I'm more concerned about this:
Does this actually say that unless the substitution is approved before the rule becomes effective, the labor cert. would be invalidated?
:confused:
more...
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sayantan76
12-17 04:58 PM
Is the new Obama Administration going to consider "Instant GC" if we buy a House ? I'm thinking about the huge inventory of vacant house and how many could be bought up by GC holders... Its probably a fraction - Isn't it ?
At the risk of getting red dots - few critical roadblocks come to mind:
1. The crisis right now is way beyond housing - its about basic issues like employment, consumption and credit (buying vacant houses does not raise employment) - fundamental issues would need to be addressed first before Govt can do something that even remotely looks and smells like (howsoever untrue it might be) giving preference to immigrants over Americans. Also what happens when renters enmasse vacate apartments and buy houses - it drives rental companies into bankruptcy - so catch 22 - no?
2. Credit criteria have been made very stringent by banks and lending institutions - so a lot of people may not qualify.......many people are in risk of losing jobs - they may not want to convert their liquid savings into a 20% illiquid (houses dont sell overnight and you cannot convert your investment to cash easily) downpayment towards houses....so not sure how many will actually want to spend that money now.....what if you get ur GC by buying a house and subsequently lose job and cant find alternative job - house cant feed you and the family nor can it pay mortgages.....
3. Any legislation that goes against principles of natural justice and creates an elite class based on financial criteria is difficult to pass through legislature.....
At the risk of getting red dots - few critical roadblocks come to mind:
1. The crisis right now is way beyond housing - its about basic issues like employment, consumption and credit (buying vacant houses does not raise employment) - fundamental issues would need to be addressed first before Govt can do something that even remotely looks and smells like (howsoever untrue it might be) giving preference to immigrants over Americans. Also what happens when renters enmasse vacate apartments and buy houses - it drives rental companies into bankruptcy - so catch 22 - no?
2. Credit criteria have been made very stringent by banks and lending institutions - so a lot of people may not qualify.......many people are in risk of losing jobs - they may not want to convert their liquid savings into a 20% illiquid (houses dont sell overnight and you cannot convert your investment to cash easily) downpayment towards houses....so not sure how many will actually want to spend that money now.....what if you get ur GC by buying a house and subsequently lose job and cant find alternative job - house cant feed you and the family nor can it pay mortgages.....
3. Any legislation that goes against principles of natural justice and creates an elite class based on financial criteria is difficult to pass through legislature.....
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mbawa2574
02-16 08:21 AM
Sir, first, not that I will listen to you, but you have no business telling anybody that IV doesn't need them, it's very serious when every disgruntled member decides to speak on others behalf and tell people who disagree with them they need to leave IV
second, do u have a crystal ball that allows you to know my feelings more than I do and put words in my mouth that i didn't say.. when i say that bodyshops participated in creating the disproportionate lines for india and china where do you get an insult or conclude that i want indians and chinese to disappear or that i feel i lack marketable skills..
stick to arguments please instead of these endless fabrications.
Did you not write in your post said that Indians and Chinese are flooding US via bodyshopping. DO read your earlier posts before writing back here.You can speak whatever but no one will listen to your racism and bigotry at least not here. U got problems with these Indians and Chinese go somewhere else and release your bigotry. You never answered my question about rally participation since you have been planted here by some anti-immigrant org for obvious reasons. Members like you are trying to divide IV based on race and there is no place for you here.So again I will say that get out of here if you have problems with race.
second, do u have a crystal ball that allows you to know my feelings more than I do and put words in my mouth that i didn't say.. when i say that bodyshops participated in creating the disproportionate lines for india and china where do you get an insult or conclude that i want indians and chinese to disappear or that i feel i lack marketable skills..
stick to arguments please instead of these endless fabrications.
Did you not write in your post said that Indians and Chinese are flooding US via bodyshopping. DO read your earlier posts before writing back here.You can speak whatever but no one will listen to your racism and bigotry at least not here. U got problems with these Indians and Chinese go somewhere else and release your bigotry. You never answered my question about rally participation since you have been planted here by some anti-immigrant org for obvious reasons. Members like you are trying to divide IV based on race and there is no place for you here.So again I will say that get out of here if you have problems with race.
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mmanurker
03-29 03:10 PM
US just elected a President who father and step father are Muslims. And that is great and the world appreciates that because it shows that this country can judge a person by his skills or character and not get stuck in bigoted views about muslims or other minorities. And we love this country for that
But when it comes to India, don't you think of voting for Rahul gandhi because he might have some blood of either a parsi or ('god forbid') muslim in him. That certainly should dis qualify him, shouldn't it. Nepotism is certainly bad but this takes the cake. Dont vote for him because he might be 10% parsi/muslim (I am sure you have not forgotten about the italian heritage but you can raise that later). But certainly criminals and perpetrators of Genocide would be desirable PM choices. Rock on
you just proved how ignorant you are, coz US president's biological father is not a muslim.....His father is born in a christian family but was raised by a their neighbor who happened to be a Muslim family. His father never converted to Islam neither the family who raised his father tried to convert him but yes his father did adopt this Muslim family's name hence we see Hussain as his middle name.
But when it comes to India, don't you think of voting for Rahul gandhi because he might have some blood of either a parsi or ('god forbid') muslim in him. That certainly should dis qualify him, shouldn't it. Nepotism is certainly bad but this takes the cake. Dont vote for him because he might be 10% parsi/muslim (I am sure you have not forgotten about the italian heritage but you can raise that later). But certainly criminals and perpetrators of Genocide would be desirable PM choices. Rock on
you just proved how ignorant you are, coz US president's biological father is not a muslim.....His father is born in a christian family but was raised by a their neighbor who happened to be a Muslim family. His father never converted to Islam neither the family who raised his father tried to convert him but yes his father did adopt this Muslim family's name hence we see Hussain as his middle name.
yetanotherguyinline
09-04 07:44 PM
Admins - can some one please close this thread. This is thread is neither about immigration nor will anything good come out of this.
hopefulgc
05-29 03:38 PM
IV needs to bring up Charles to the podium and have him answer our questions.
Why?
Because his statements do not make numerical sense.
If he cannot answer our questions, we need someone else to take his job who can.
I am pissed.. are you?
I think as someone said this guy was randomly throwing numbers out there. How come his analysis does not account for remaining 36K EB1 and EB2 ROW applications. Is he suggesting that all EB1 and EB2 ROW are being used up also. Very hard to believe that for 2008 and 2009 with the way the economy is going. Lot of product companies where most of the ROW 485s would likely come from have stopped applying perm since last summer. There is a huge flaw in this analysis and its not as pessimistic as it seems.
BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.
Why?
Because his statements do not make numerical sense.
If he cannot answer our questions, we need someone else to take his job who can.
I am pissed.. are you?
I think as someone said this guy was randomly throwing numbers out there. How come his analysis does not account for remaining 36K EB1 and EB2 ROW applications. Is he suggesting that all EB1 and EB2 ROW are being used up also. Very hard to believe that for 2008 and 2009 with the way the economy is going. Lot of product companies where most of the ROW 485s would likely come from have stopped applying perm since last summer. There is a huge flaw in this analysis and its not as pessimistic as it seems.
BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.
