Rb_newsletter
01-21 06:15 PM
I got the below email from multiple friends. I don't know what is the source, who wrote this analysis because there is no links. I did NOT mean to spread the fear. Just sharing the contents unaltered.
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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.
Why?
Because of 2 recent events:
1) USCIS gave new memorandum (which is now guidelines for USCIS professionals working on the H1B petitions/extensions) on Jan 08th, 2010. (Attached the PDF file for the memorandum).
2) Recently (Jan 2010) several H1B Employees were sent back (in some forum, its mentioned � all of them) to their home country from Newark, NJ and JFK, NY Port of Entry � these were the H1B employees, who went to spend Christmas/New Year vacation to their home countries.
What does the memorandum mention, specifically, about 3rd Party Consulting companies?
Link to the memorandum (PDF attached) � http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
Employer-Employee Relationship:
As per the memorandum, some previous H1B Law defines, the definition of an �US Employer�. Somewhere in that definition (Page 2 of memo), it mentions the word �Employer-Employee relationship�. Till now, it seems that there was no clear guidance on what kind of relationship was considered having Employer-Employee relationship. So, it was being, probably, interpreted independently or ambiguously. Now, on Jan 8th, 2010, USCIS has published this memorandum for TRAINING USCIS OFFICIALS about understanding, Employer-Employee relationship. The memorandum seems to have been prepared with a clear understanding about it, along with the specific EXAMPLES.
Memorandum has given few specific examples, which would QUALIFY for having Employer-Employee relationship, on Page 4-5 of the Memo � including the nature of the job/business. On Page 5-6, memorandum gives few specific examples, which would NOT QUALIFY for having Employer-Employee relationship. Third Party Placement / �Job-Shop� (better version of �Body-shop�, probably) is NOT QUALIFIED for meeting Employer-Employee Relationships � meaning, 3rd Party placement (which most of the small consulting companies do) doesn�t meet H1B requirement, as defined by the law � meaning for this job, the new H1B or Extension or Stamping petitions CANNOT be approved!! Period !!
This is how memorandum has identified 3rd Party Placements and in Bold letters, why it disqualifies for the H1B petitions (comments are in Red):
�The petitioner is a computer consulting company (which is what all small consulting do). The petitioner has contract with numerous outside companies in which it supplies these companies with employee to fulfill specific staffing needs. The specific positions are not outlined in the contract between the petitioner and the third-party company but are staffed on an as-needed basis (this is nothing but, Service Agreement between the petitioner and the mid-vendor!). The beneficiary is a computer analyst (which is what many small consulting company�s employee are). The beneficiary has been assigned to work for the third-party company to fill a core position to maintain the third-party company�s payroll (this nothing but, Mid-Vendor�s or so-called Prime-Vendor�s or Consulting Partner�s Revenue). Once placed at the client company, the beneficiary reports to a manager who works for the third-party company (as it happens, when Consulting partner hires employee as a contractor). The beneficiary does not report to the petitioner for work assignments, and all work assignments are determined by the third-party company (petitioner just runs pay-rolls!). The petitioner does not control how the beneficiary will complete daily tasks, and no propriety information of the petitioner is used by the beneficiary to complete any work assignments (petitioner just runs pay-rolls!). The beneficiary�s end-product, the payroll (payroll of mid-vendor/prime vendor/consulting partner), is not in any way related to the petitioner�s line of business, which is computer consulting. The beneficiary�s progress reviews are completed by the client company, not the petitioner (petitioner just runs pay-rolls!). [Petitioner Has No Right to Control; No Exercise of Control].�
Right to Control:
Supreme Court has stated the definition of Employer-Employee Relationship (Page 3 of Memo), and there it was mentioned to have �Right to Control� over the work of the employee by the employer. From the entire memo, it sounds that Right control is well-established, ONLY WHEN, at least one supervisor from the petitioner�s company works with the beneficiary at the end-client site, and supervises beneficiary�s day-to-day work. So, big Consulting companies such as Wipro, Infosys, Accenture, Deloitte etc. will be good, as they would meet �Right to Control� and that way, they will satisfy H1B requirement by law, and their petitions for similar 3rd party consulting work, will be APPROVED, but not in case of, small consulting companies!! This is because, big consulting companies such as Accenture � have their entire or partial team � along with managers etc. � working at the same client site, where the beneficiary would be working, so they could supervise their work and so exercise control over their work etc., but that cannot be the case with the small consulting � because, their actual business has been, so far, to place employees and run pay-roll � not to get the client projects!
Why one could think that there are slim chances for this memorandum to get reversed in favor of small consulting companies?
This memorandum took care of big consulting companies such as Wipro, Infosys, Cognizant, Accenture etc. � meaning, these companies and their employees are NOT impacted. They can travel freely to-and-fro their home country etc. Since, big companies are not impacted, there will not be any big lobbying or oppositions to this memorandum, per say!! There don�t seem to be a platform for small consulting companies to gather and lobby, plus most the small consulting may not get involved, with fear of exposing themselves more to other issues!! So, it might be east to assume that this memorandum is permanent and not temporary. The recent deportation also indicates that the changes like this memorandum is for serious, not just the warning!
How this memorandum relates to the recent deportation events from NY and NJ airports?
There seems to be an anticipated link between these 2 events � Memorandum and recent Deportations � kind of an indication about the current level of government scrutiny and seriousness of the H1B program. Hence, there have been advices by others that � each employer and employee should operate by strictly following the H1B program requirements.
Link to Murthy.com front page posting about this � MurthyDotCom : NewsFlash! Note to H1Bs Traveling to U.S., Working for Consulting Companies (http://www.murthy.com/nflash/nf_h1conc.html)
What one could predict as happening sooner (trend)?
� Since, it seems big consulting companies (having their own consulting projects)/full-time end-clients and their beneficiaries are not impacted with these changes � there could be trend � employee moving from small companies to big companies for a better shelter for full-time positions � especially, when small consulting company�s immediate preventions / actions to this memo cannot ensure safety.
� Big consulting companies could buy small consulting companies or small consulting companies could sell their companies to big consulting companies (having their own consulting projects), to save their employee�s future/transition etc.
Good Luck my Friends....!!
------------------------------------------------------------------------------------------
However, this is how many could read RECENT (Jan 8, 2010) actions / announcement by USCIS towards Consulting companies, which engages or merely places their employees at the client sites for various projects.
� No new H1B application will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� No new H1B extension/stamping will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� If an employee has H1B approved or extension approved, and if he/she comes back to US from a vacation or from an emergency, he/she would be deported back to his/her home country from the Port of Entry (PoE) � for 3rd Party Consulting company.
Why?
Because of 2 recent events:
1) USCIS gave new memorandum (which is now guidelines for USCIS professionals working on the H1B petitions/extensions) on Jan 08th, 2010. (Attached the PDF file for the memorandum).
2) Recently (Jan 2010) several H1B Employees were sent back (in some forum, its mentioned � all of them) to their home country from Newark, NJ and JFK, NY Port of Entry � these were the H1B employees, who went to spend Christmas/New Year vacation to their home countries.
What does the memorandum mention, specifically, about 3rd Party Consulting companies?
Link to the memorandum (PDF attached) � http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
Employer-Employee Relationship:
As per the memorandum, some previous H1B Law defines, the definition of an �US Employer�. Somewhere in that definition (Page 2 of memo), it mentions the word �Employer-Employee relationship�. Till now, it seems that there was no clear guidance on what kind of relationship was considered having Employer-Employee relationship. So, it was being, probably, interpreted independently or ambiguously. Now, on Jan 8th, 2010, USCIS has published this memorandum for TRAINING USCIS OFFICIALS about understanding, Employer-Employee relationship. The memorandum seems to have been prepared with a clear understanding about it, along with the specific EXAMPLES.
Memorandum has given few specific examples, which would QUALIFY for having Employer-Employee relationship, on Page 4-5 of the Memo � including the nature of the job/business. On Page 5-6, memorandum gives few specific examples, which would NOT QUALIFY for having Employer-Employee relationship. Third Party Placement / �Job-Shop� (better version of �Body-shop�, probably) is NOT QUALIFIED for meeting Employer-Employee Relationships � meaning, 3rd Party placement (which most of the small consulting companies do) doesn�t meet H1B requirement, as defined by the law � meaning for this job, the new H1B or Extension or Stamping petitions CANNOT be approved!! Period !!
This is how memorandum has identified 3rd Party Placements and in Bold letters, why it disqualifies for the H1B petitions (comments are in Red):
�The petitioner is a computer consulting company (which is what all small consulting do). The petitioner has contract with numerous outside companies in which it supplies these companies with employee to fulfill specific staffing needs. The specific positions are not outlined in the contract between the petitioner and the third-party company but are staffed on an as-needed basis (this is nothing but, Service Agreement between the petitioner and the mid-vendor!). The beneficiary is a computer analyst (which is what many small consulting company�s employee are). The beneficiary has been assigned to work for the third-party company to fill a core position to maintain the third-party company�s payroll (this nothing but, Mid-Vendor�s or so-called Prime-Vendor�s or Consulting Partner�s Revenue). Once placed at the client company, the beneficiary reports to a manager who works for the third-party company (as it happens, when Consulting partner hires employee as a contractor). The beneficiary does not report to the petitioner for work assignments, and all work assignments are determined by the third-party company (petitioner just runs pay-rolls!). The petitioner does not control how the beneficiary will complete daily tasks, and no propriety information of the petitioner is used by the beneficiary to complete any work assignments (petitioner just runs pay-rolls!). The beneficiary�s end-product, the payroll (payroll of mid-vendor/prime vendor/consulting partner), is not in any way related to the petitioner�s line of business, which is computer consulting. The beneficiary�s progress reviews are completed by the client company, not the petitioner (petitioner just runs pay-rolls!). [Petitioner Has No Right to Control; No Exercise of Control].�
Right to Control:
Supreme Court has stated the definition of Employer-Employee Relationship (Page 3 of Memo), and there it was mentioned to have �Right to Control� over the work of the employee by the employer. From the entire memo, it sounds that Right control is well-established, ONLY WHEN, at least one supervisor from the petitioner�s company works with the beneficiary at the end-client site, and supervises beneficiary�s day-to-day work. So, big Consulting companies such as Wipro, Infosys, Accenture, Deloitte etc. will be good, as they would meet �Right to Control� and that way, they will satisfy H1B requirement by law, and their petitions for similar 3rd party consulting work, will be APPROVED, but not in case of, small consulting companies!! This is because, big consulting companies such as Accenture � have their entire or partial team � along with managers etc. � working at the same client site, where the beneficiary would be working, so they could supervise their work and so exercise control over their work etc., but that cannot be the case with the small consulting � because, their actual business has been, so far, to place employees and run pay-roll � not to get the client projects!
Why one could think that there are slim chances for this memorandum to get reversed in favor of small consulting companies?
This memorandum took care of big consulting companies such as Wipro, Infosys, Cognizant, Accenture etc. � meaning, these companies and their employees are NOT impacted. They can travel freely to-and-fro their home country etc. Since, big companies are not impacted, there will not be any big lobbying or oppositions to this memorandum, per say!! There don�t seem to be a platform for small consulting companies to gather and lobby, plus most the small consulting may not get involved, with fear of exposing themselves more to other issues!! So, it might be east to assume that this memorandum is permanent and not temporary. The recent deportation also indicates that the changes like this memorandum is for serious, not just the warning!
How this memorandum relates to the recent deportation events from NY and NJ airports?
There seems to be an anticipated link between these 2 events � Memorandum and recent Deportations � kind of an indication about the current level of government scrutiny and seriousness of the H1B program. Hence, there have been advices by others that � each employer and employee should operate by strictly following the H1B program requirements.
Link to Murthy.com front page posting about this � MurthyDotCom : NewsFlash! Note to H1Bs Traveling to U.S., Working for Consulting Companies (http://www.murthy.com/nflash/nf_h1conc.html)
What one could predict as happening sooner (trend)?
� Since, it seems big consulting companies (having their own consulting projects)/full-time end-clients and their beneficiaries are not impacted with these changes � there could be trend � employee moving from small companies to big companies for a better shelter for full-time positions � especially, when small consulting company�s immediate preventions / actions to this memo cannot ensure safety.
� Big consulting companies could buy small consulting companies or small consulting companies could sell their companies to big consulting companies (having their own consulting projects), to save their employee�s future/transition etc.
Good Luck my Friends....!!
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hebbar77
09-03 11:26 AM
after death, for people to say good stuff, one needs to be good during life!
newtoearth
05-03 01:36 AM
...
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chanduv23
03-27 03:35 PM
JAB TAK SAMOSAE ME AALO HAI
TAB TAK INDIA MAE LALOO HAI
We never know - Laloo could make it.
TAB TAK INDIA MAE LALOO HAI
We never know - Laloo could make it.
more...
snathan
08-15 10:35 PM
I gave you green...
You know america will care and care only US interests...and will defend its actions. We all have suffered inexplicable delays in NC/BC (donot know if they honor 180 day rule) but who cares for immigrants....
...peace...
Thats how every country should behave...unfortunately its not happening in our beloved mother country. The terrorist asking for mutton briyani...in other countries he would be made as briyani by this time...:D
You know america will care and care only US interests...and will defend its actions. We all have suffered inexplicable delays in NC/BC (donot know if they honor 180 day rule) but who cares for immigrants....
...peace...
Thats how every country should behave...unfortunately its not happening in our beloved mother country. The terrorist asking for mutton briyani...in other countries he would be made as briyani by this time...:D
samay
07-15 05:10 PM
Dear Attorney,
A million thanks for this website. I have a unique problem and I humbly request your expert advice on my situation.
I am a physical therapist from India who got 221(g) after H1B interview. 221g tells me to take and pass the physical therapy licensing exam before they could issue the visa. I have Visa Screen certificate from CGFNS, educational equivalency report and approval letter to take NPTE exam(licensing exam) from physical therapy state board of Maryland.
The problem is that, licensing exam is offered only in US mainland and to take the exam they should have given me H1B visa. I even submitted to the consular officer, USCIS memo on H-1B Specialty Occupation Licensure Requirements dated March 21, 2008 regarding 1 year temporary approval, still she gave me 221g.
One more interesting thing is that 3 of my friends who had the H1B interview with the same set of documents and without licence, with other consular officers on same day, was stamped visa without a question on licence.
Kindly advice me if there is any way I shall sucessfully appeal on 221(g) and get the H1B visa stamped. Thank you very much in advance and god bless you. With lots of regards,
John
Do you have an attorney. If yes then contact him if not then please contact me and we can discus your successful appeal.
A million thanks for this website. I have a unique problem and I humbly request your expert advice on my situation.
I am a physical therapist from India who got 221(g) after H1B interview. 221g tells me to take and pass the physical therapy licensing exam before they could issue the visa. I have Visa Screen certificate from CGFNS, educational equivalency report and approval letter to take NPTE exam(licensing exam) from physical therapy state board of Maryland.
The problem is that, licensing exam is offered only in US mainland and to take the exam they should have given me H1B visa. I even submitted to the consular officer, USCIS memo on H-1B Specialty Occupation Licensure Requirements dated March 21, 2008 regarding 1 year temporary approval, still she gave me 221g.
One more interesting thing is that 3 of my friends who had the H1B interview with the same set of documents and without licence, with other consular officers on same day, was stamped visa without a question on licence.
Kindly advice me if there is any way I shall sucessfully appeal on 221(g) and get the H1B visa stamped. Thank you very much in advance and god bless you. With lots of regards,
John
Do you have an attorney. If yes then contact him if not then please contact me and we can discus your successful appeal.
more...
alterego
12-21 05:18 PM
albertpinto,
I agree that it is not going to be easy - but I don't see any other way.
It is easy to throw numbers - 200K, 500K waiting, 750K apps received etc. etc., but unless there is evidence to back it up, these numbers mean nothing. What is our answer to a Senator who asks how many people are waiting in line Eb category? And what is the source of that data?
How else can we estimate how much money we are paying every year in taxes and contributing to the growth of the economy? Or, how many really intend to buy a house on receipt of the Green Card?
Perhaps we can think of some other strategy to arrive at some concrete numbers - but I sincerely don't think a database of anonymous unverifiable members is of much use. By the way, when I said verifiable, I meant that if a representative from a senators office were to randomly call a number from the database, he would find a legal immigrant at the other end who is trying to find his way through this process.
I like the idea of a temporary green card - there has been talk about it in the forums in the past. We could also consider pitching the idea of "expedited/early evaluation/adjudication", of the I-485, for a fee. The main point could be:
- For a fee, you will know for sure whether all your paperwork/interview work is complete, the case has been adjudicated, and your application is waiting only for a visa umber.
- Once the case is adjudicated - the USCIS sends you a letter that it is complete. Now can do almost anything with your EAD/AP - work for any employer, any field, any state, study, start a business etc.
The USCIS can define the criteria for accepting cases for early evaluation, such as:
- PD older than 3 years
- Buying a house etc.
- Attempting to start a business, changing job, going back to school to enhance skills etc.
Any other thoughts, any one?
In my view that sets the bar too low for us. You can never get any certainty with an EAD/AP, with a green card one is considered a "probationary American". With this sort of request, there will be a "probationary period to probationary citizenship".
At this juncture, if you are in a secure job and can hold that job, especially if other jobs depend on yours, and feel secure enough to buy a home in this country, you are a tremendous asset to this country at this time.......period.
The skills, savings mentality, strong family values, capital and international contacts that we possess are a net plus to this country.
I have not come to this country to beg for anything, I have come to benefit myself while benefiting America. There are synergies here for us and any fair minded person will see this. Only narrow minded people who have a zero sum mindset eg Lou Dobbs can't see this. If an EB5 investor, a spouse of a citizen, and other categories can get a green card right away, why would a similar option not be afforded someone who will in a substantially tangible way benefit the economy near and long term. The American public will embrace this if presented to them in the appropriate way.
I agree that it is not going to be easy - but I don't see any other way.
It is easy to throw numbers - 200K, 500K waiting, 750K apps received etc. etc., but unless there is evidence to back it up, these numbers mean nothing. What is our answer to a Senator who asks how many people are waiting in line Eb category? And what is the source of that data?
How else can we estimate how much money we are paying every year in taxes and contributing to the growth of the economy? Or, how many really intend to buy a house on receipt of the Green Card?
Perhaps we can think of some other strategy to arrive at some concrete numbers - but I sincerely don't think a database of anonymous unverifiable members is of much use. By the way, when I said verifiable, I meant that if a representative from a senators office were to randomly call a number from the database, he would find a legal immigrant at the other end who is trying to find his way through this process.
I like the idea of a temporary green card - there has been talk about it in the forums in the past. We could also consider pitching the idea of "expedited/early evaluation/adjudication", of the I-485, for a fee. The main point could be:
- For a fee, you will know for sure whether all your paperwork/interview work is complete, the case has been adjudicated, and your application is waiting only for a visa umber.
- Once the case is adjudicated - the USCIS sends you a letter that it is complete. Now can do almost anything with your EAD/AP - work for any employer, any field, any state, study, start a business etc.
The USCIS can define the criteria for accepting cases for early evaluation, such as:
- PD older than 3 years
- Buying a house etc.
- Attempting to start a business, changing job, going back to school to enhance skills etc.
Any other thoughts, any one?
In my view that sets the bar too low for us. You can never get any certainty with an EAD/AP, with a green card one is considered a "probationary American". With this sort of request, there will be a "probationary period to probationary citizenship".
At this juncture, if you are in a secure job and can hold that job, especially if other jobs depend on yours, and feel secure enough to buy a home in this country, you are a tremendous asset to this country at this time.......period.
The skills, savings mentality, strong family values, capital and international contacts that we possess are a net plus to this country.
I have not come to this country to beg for anything, I have come to benefit myself while benefiting America. There are synergies here for us and any fair minded person will see this. Only narrow minded people who have a zero sum mindset eg Lou Dobbs can't see this. If an EB5 investor, a spouse of a citizen, and other categories can get a green card right away, why would a similar option not be afforded someone who will in a substantially tangible way benefit the economy near and long term. The American public will embrace this if presented to them in the appropriate way.
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pani_6
06-27 03:47 PM
So with Oct 07...new year starts for the Visa gain...so will the dates starting moving forward by Nov07
more...
whitecollarslave
02-12 01:11 PM
http://blogs.ilw.com/gregsiskind/2008/02/house-dems-to-p.html
Good strategy. Need to make sure all EB provisions are still intact in these reforms targetted for spring & Summer of this year.
How can we find out if EB provisions are there?
Good strategy. Need to make sure all EB provisions are still intact in these reforms targetted for spring & Summer of this year.
How can we find out if EB provisions are there?
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racoon786
07-10 11:44 AM
I am planning on moving to Canada in the next 12 months since I already have PR there. I have no hopes for getting GC any time soon and wouldn't want to be toyed by the USCIS, DOS, Senators and all the anti-immigration lobbies out there.
more...
santa123
09-24 12:48 AM
I am not trying to ruin this party... Let us not start our celebrations yet.
what if the EB2 & EB3 dates go backwards in Nov visa bulletin?
Should we be ready to face it too?
After all we are dealing with ****** USCIS....:rolleyes::eek::confused:
what if the EB2 & EB3 dates go backwards in Nov visa bulletin?
Should we be ready to face it too?
After all we are dealing with ****** USCIS....:rolleyes::eek::confused:
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weasley
08-16 10:16 AM
To all the wannabe americans and GC aspirants, dont forget where you came from. You are nothing but 21st century cheap labor. Just do the right thing!
Is this what anti's call us? I think most of us are not just cheap labour. Definitely paid more that the average wage levels.
Is this what anti's call us? I think most of us are not just cheap labour. Definitely paid more that the average wage levels.
more...
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ramus
07-03 09:43 PM
No problem.. Fund drive is important ...
sorry :D
this one time pls allow us to post contribution thread here..
sorry :D
this one time pls allow us to post contribution thread here..
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illusions
05-12 09:58 AM
Illusions,
If BBC, AFP, AP & Reuters are considered a reliable source of information, then what is happening in Sri Lanka is genocide.
Please quote these sites where they mention what is happening in Sri Lanka is a "Genocide". What happened during WWII was a genocide of the Jews. The camps where the IDP's are kept are temporary where they are checked to make sure that there are no suicide bombers, terrorists etc. The LTTE is known to hide behind civilians and attack, like they do now from the safe zone. They are preventing the civilians from leaving the safe zone... so in effect the LTTE is committing a genocide. If there is a Genocide then you would see it everywhere in the country, which is not happening. Half my family side is Tamil, and live in the south / central and west of the island. They are all fine and have no issues, now you go figure.
Having said that i'm not gonna say that the SL gov is an angel, it has it's bad side and good side. I don't agree with the govt that Independent journalists should be kept away or intimidated, but coming from south asia (or any part of the world for that matter), you won't get any govt that is 100% good.
If BBC, AFP, AP & Reuters are considered a reliable source of information, then what is happening in Sri Lanka is genocide.
Please quote these sites where they mention what is happening in Sri Lanka is a "Genocide". What happened during WWII was a genocide of the Jews. The camps where the IDP's are kept are temporary where they are checked to make sure that there are no suicide bombers, terrorists etc. The LTTE is known to hide behind civilians and attack, like they do now from the safe zone. They are preventing the civilians from leaving the safe zone... so in effect the LTTE is committing a genocide. If there is a Genocide then you would see it everywhere in the country, which is not happening. Half my family side is Tamil, and live in the south / central and west of the island. They are all fine and have no issues, now you go figure.
Having said that i'm not gonna say that the SL gov is an angel, it has it's bad side and good side. I don't agree with the govt that Independent journalists should be kept away or intimidated, but coming from south asia (or any part of the world for that matter), you won't get any govt that is 100% good.
more...
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mbawa2574
03-27 01:57 PM
widower zardari will be marrying kumari mayawati just after election to unite subcontinent and bring peace to world.
...:d:d:d
...:d:d:d
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mheggade
07-22 12:18 PM
Vdlrao
Appreciate your thoughtful and encouraging posts. Continuing with Ron Gotcher's line of reasoning:
"It is worth mentioning that the CIS has never adjudicated more than 85,000 EB AOS cases in a single fiscal year - though this year it is possible they may process as many as 110,000 if they go all out. Keep this fact, together with the size of the backlog, in mind when trying to estimate how long it will take them to get to your case when your priority date becomes current."
How do you reconcile USCIS productivity with the number of visas that are available? In other words, although there may be sufficient numbers available to move the priority dates forward in the next fiscal year, USCIS can only adjudicate a limited number of cases per year.
Till now USCIS used to hide behind Name Check as stumbling block and reason for the low number of EB 485's approvel. But now it is not an issue.
They will be in great pressure to go all out and do the job, just like they did during July fiasco when they approved 60,000 I485's in one month.
Appreciate your thoughtful and encouraging posts. Continuing with Ron Gotcher's line of reasoning:
"It is worth mentioning that the CIS has never adjudicated more than 85,000 EB AOS cases in a single fiscal year - though this year it is possible they may process as many as 110,000 if they go all out. Keep this fact, together with the size of the backlog, in mind when trying to estimate how long it will take them to get to your case when your priority date becomes current."
How do you reconcile USCIS productivity with the number of visas that are available? In other words, although there may be sufficient numbers available to move the priority dates forward in the next fiscal year, USCIS can only adjudicate a limited number of cases per year.
Till now USCIS used to hide behind Name Check as stumbling block and reason for the low number of EB 485's approvel. But now it is not an issue.
They will be in great pressure to go all out and do the job, just like they did during July fiasco when they approved 60,000 I485's in one month.
more...
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bayarea07
07-22 06:03 PM
Good One !!!
While we are all sharing about our Amway solicitation experiences, let me share what I've seen in the last few years.
Background: In the last 6 years, I've been approached over 2 dozen times in the Bay Area. Things got so bad that the same guys have approached me more than 3 times in some cases before realizing that they've already talked to me before.
Incident #1:
A guy approached me while I was at the mall saying "hi" and striking up a conversation. During our short chat, this 20-something desi guy proceeds to tell me that he is the CIO of Fox News. At which time I pull out my iPhone and look him up using my LinkedIn app under the guise of adding him to my network. Turns out he is an engineer at a local company which he covers up by being embarassed and saying "I haven't updated my profile." I joke about how he moved up in his career so quickly - he then makes an excuse and walks away. I never hear from him again. Another reason to love technology!
Incident #2:
I get approached while shopping at the local GAP store. Being a veteran of this form of solicitation, I respond by saying that I work for the San Jose Mercury News and that we are doing a story on Multi-Level Marketing schemes. I ask him if he knows anyone who would be willing to chat on the record. This guys says "Nope, don't know anyone" and walks away. I never see him again...
Incident #3:
I am at the Nike store and get approached by this guy asking me if I work at Google (I do not). I tell him "Nope" and walk away before he can ask me another question. I have been approached by this same guy 2 more times at other stores (within 6 months) asking me similar questions. The 3rd time, I tell him - "We've spoken before - No, I don't work at Google, No, I'm not from Delhi and No, I'm not interested in what you are selling." He is stunned and walks away with his tail between his legs :)
Incident #4:
The local Fry's is a popular hang out for Amway-types. I learned the hard way because I made my first mistakes here. Both guys that struck up a good conversation with me turned out to be Amway types. After the 2nd phone call, I tell them that if they call me again, I will report them to the authorities and Fry's for illegal solicitation and harassment.
This stops both people in their tracks. I never see them at Fry's again!
Bottom-line: Hold your ground, use technology and don't be afraid to kick them around a little bit. Saying "No" is golden!
While we are all sharing about our Amway solicitation experiences, let me share what I've seen in the last few years.
Background: In the last 6 years, I've been approached over 2 dozen times in the Bay Area. Things got so bad that the same guys have approached me more than 3 times in some cases before realizing that they've already talked to me before.
Incident #1:
A guy approached me while I was at the mall saying "hi" and striking up a conversation. During our short chat, this 20-something desi guy proceeds to tell me that he is the CIO of Fox News. At which time I pull out my iPhone and look him up using my LinkedIn app under the guise of adding him to my network. Turns out he is an engineer at a local company which he covers up by being embarassed and saying "I haven't updated my profile." I joke about how he moved up in his career so quickly - he then makes an excuse and walks away. I never hear from him again. Another reason to love technology!
Incident #2:
I get approached while shopping at the local GAP store. Being a veteran of this form of solicitation, I respond by saying that I work for the San Jose Mercury News and that we are doing a story on Multi-Level Marketing schemes. I ask him if he knows anyone who would be willing to chat on the record. This guys says "Nope, don't know anyone" and walks away. I never see him again...
Incident #3:
I am at the Nike store and get approached by this guy asking me if I work at Google (I do not). I tell him "Nope" and walk away before he can ask me another question. I have been approached by this same guy 2 more times at other stores (within 6 months) asking me similar questions. The 3rd time, I tell him - "We've spoken before - No, I don't work at Google, No, I'm not from Delhi and No, I'm not interested in what you are selling." He is stunned and walks away with his tail between his legs :)
Incident #4:
The local Fry's is a popular hang out for Amway-types. I learned the hard way because I made my first mistakes here. Both guys that struck up a good conversation with me turned out to be Amway types. After the 2nd phone call, I tell them that if they call me again, I will report them to the authorities and Fry's for illegal solicitation and harassment.
This stops both people in their tracks. I never see them at Fry's again!
Bottom-line: Hold your ground, use technology and don't be afraid to kick them around a little bit. Saying "No" is golden!
girlfriend Megan Fox and Beyonce
snathan
08-16 01:55 AM
Can you point to a single post praising the immigration system.
He is confused immigration with security system
He is confused immigration with security system
hairstyles Megan Fox has a crescent
ksircar
06-21 03:47 PM
Hi Neocor,
I understand your frustration very well. Of course the labor substitution is not logical, but it is not the root of the problem. Just think rationally how many people take advantage of this option. The real cause of our problem is Number of Visas. As long as it is legal, people will go for it. They should not be blamed, rather it is our inability that we didn't find the right "Approved Labor". If you find something suitable, will you not go for it?
I understand your frustration very well. Of course the labor substitution is not logical, but it is not the root of the problem. Just think rationally how many people take advantage of this option. The real cause of our problem is Number of Visas. As long as it is legal, people will go for it. They should not be blamed, rather it is our inability that we didn't find the right "Approved Labor". If you find something suitable, will you not go for it?
syzygy
09-23 02:41 AM
Hello,
I am using my hotmail email account to send emails and my real name. Is that what you mean by your own emails ? Or do you want us to send email from office / university email addresses?
Housing/economic crisis rather than economic crisis
Please send emails from your own emails so that we can know what staff members and their bosses think.
I am using my hotmail email account to send emails and my real name. Is that what you mean by your own emails ? Or do you want us to send email from office / university email addresses?
Housing/economic crisis rather than economic crisis
Please send emails from your own emails so that we can know what staff members and their bosses think.
voldemar
04-28 12:38 PM
Hello all,
Any news on what happened on the decision on suspension/removal of labor substitution? I searched in google but couldn't find any updates.
Substitution ban rule got clearance from OMB
AGENCY: DOL-ETA RIN: 1205-AB42
TITLE: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity
STAGE: Final Rule ECONOMICALLY SIGNIFICANT: No
RECEIVED DATE: 01/26/2007 LEGAL DEADLINE: None
** COMPLETED: 04/27/2007 COMPLETED ACTION: Consistent with Change
Check http://www.reginfo.gov/public/do/eoPackageMain
Any news on what happened on the decision on suspension/removal of labor substitution? I searched in google but couldn't find any updates.
Substitution ban rule got clearance from OMB
AGENCY: DOL-ETA RIN: 1205-AB42
TITLE: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity
STAGE: Final Rule ECONOMICALLY SIGNIFICANT: No
RECEIVED DATE: 01/26/2007 LEGAL DEADLINE: None
** COMPLETED: 04/27/2007 COMPLETED ACTION: Consistent with Change
Check http://www.reginfo.gov/public/do/eoPackageMain
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