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.
Monday, January 25, 2010
Death of The Gaja
The proverbial "Desi H1B Consultant" receives the killer aapu from USCIS.
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19 comments:
The U.S. golti population will come down then
Probably the first time I've seen something on the USCIS that's not overtly negative coverage
So where do you think that job is going??
the job would also be deported back to his/her home country from the Port of Entry (PoE) – from the client company..
This is just another gimmick show by the USCIS..They would be better off processing GC's faster.
-G.
:-) at the tags. TFM forums mela ungalukku yaen kovam?
Which is the new Dubai then? :-)
G:
(1) Who said there has to be a job?
(2) If there is one, why can't it go to another desi extending his stay with a desi "consulting" company that specializes in underemploying brown people without proper visas?
(3) Or God forbid a white American? (We are not talking about the larger economic arguments here)
(4) If every fake H1B applicant is given a green card, America's population will exceed India's very soon.
its only a matter of time until the goltis and immigration lawyers find a loop hole and exploit it.. I agree that this is one of the good things that USCIS has done in a long time..
The only solution is to offer a cheap work visa with lax requirements that is valid for a fixed time, say 3 years and automatically disqualifies you from any considerations for green card/citizenship.
@alan
with no FICA deductions and a work visa renewable every 3 years you will have several americans applying for citizenship abroad so that they could apply for that visa as non-citizens.
on a related note - Barak Hussein is considering releasing his Kenyan citizenship documents in 3 years now that he has established the length of his term.
Another glitch in the system! Oh well...
actually what happened recently in JFk with what is mentioned in the uscis statement is kind of contradicting.
The JFK incident had these people check H1B fellows working in client location and not on employer location ... which is wrong. What the statement says is You cannot come as an employee of a consulting comp. who does not pay you but another company pays you as a contractor.
Employer Employee relationship mukyam and your employer is the one who sponsored your H1B and pays your salary. as long as your LCA matches with the place where you finally work from and employer employee satisfies - they shouldnt have problem.
http://business.rediff.com/slide-show/2010/jan/25/slide-show-1-h-1b-visa-holders-being-deported-from-port-of-landing.htm#contentTop
As you said that population will come down but not long before they find a loop hole.
http://immigrationvoice.org/forum/forum89-news-articles-and-reports/1057609-ron-gotcher-analysis-of-uscis-memo.html#post1407370
Raises lot of questions.
a) If this is implemented strictly, then atleast 50% of the H1 population will have to leave.
b) They are trying to outlaw a prevalent and accepted business model. One that has been there from the beginning of H1 and before. Subcontracting is normal.
c) Most companies need people on a short term contractual basis to suit changing requirements. Big consulting companies cannot work with them in all cases.
d) A mass exodus of H1s will encourage offshoring. A lot of ill feelings will also be generated.
e) A sudden shortage in people will
affect the work of many companies which will in turn affect the bottomline.
If subcontracting terminates the employee-employer relationship then all contracting will be devoid of the relationship whether they employ citizens/aliens.
If indeed so, then any contracting company can say they cannot pay worker benefits since the employee-employer relationship is there.
Sorry, read my earlier comment as '....employee-employer relationship is not there'
I personally think that comments like "The US Golti population will come down" and "its only a matter of time until the goltis and immigration lawyers find a loop hole and exploit it..." are disgraceful, to say the least! No wonder we Indians are in this situation today. Even when an Indian's livelihood is being taken away - and without notice - another Indian actually cracks a joke about it and makes it a regional issue here as well(why do you have to drag your prejudices with you, to a different country, is beyond me!). Shame on you!
Agreed that some people and amongst them people you refer to as goltis, have exploited the system. But think how many innocent people are being affected by this. The dishonest ones almost always get away. It is the regular, hardworking guy that faces the brunt of stupid rules like these. Think about it, before you make such venomous remarks about a particular community! (And sorry to disappoint you, but I am not a Golti, if that is what you are thinking!)
hey watz this fuss all about?
I am planning to do my MS from US so does it effect me in any way??
//I am planning to do my MS from US so does it effect me in any way??//
It's not effect it's affect.
//I personally think that comments like "The US Golti population will come down" and "its only a matter of time until the goltis and immigration lawyers find a loop hole and exploit it..." are disgraceful, to say the least!
To the Anon - I couldn't agree with you more. Well said.
These folks laughing at others hardship without realizing that the BCIS could come up with similar rule that might affect them as well....
Srini
It is wrong for you to make sweeping statements like the ones you have made in your post. The only conclusive thing the USCIS makes in its directive is the necessity for an H1B worker to prove employee-employer relationship, which is easily done by producing paystubs and an LCA in the name of one's employer.
I am what you call "desi H1B consultant" and I returned to the US from vacation via Newark yesterday. There were no such issues and the immigration officer was very much cordial. I wasn't even asked to produce any extra paperwork.
Please do not propagate such negative inferences that you have personally drawn from what I can only describe as a straightforward and clear memo.
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