Obama trying to implement 1 year stam... Chalanachithram.com | Topics | Search
Hide Clipart | Log Out | Register | Edit Profile

Last 30 mins | 1 | 2 | 4 hours     Last 1 | 7 Days

Chalanachithram.com DB » TF Industry related » Archive through January 21, 2010 » Obama trying to implement 1 year stamping « Previous Next »

Author Message
Top of pagePrevious messageNext messageBottom of page Link to this message

111
Side Hero
Username: 111

Post Number: 4124
Registered: 04-2008
Posted From: 198.185.18.207

Rating: N/A
Votes: 0 (Vote!)

Posted on Wednesday, January 20, 2010 - 03:10 pm:   Insert Quote Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

naa H1 july lo expire avutundhi....extensions ki veldhamu anukontunna....emi avutundho emo....
Top of pagePrevious messageNext messageBottom of page Link to this message

Acf
Junior Artist
Username: Acf

Post Number: 99
Registered: 01-2008
Posted From: 38.109.75.245

Rating: N/A
Votes: 0 (Vote!)

Posted on Wednesday, January 20, 2010 - 12:59 pm:   Insert Quote Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

link emanna vundha ee 1yr stamping news paina?
Top of pagePrevious messageNext messageBottom of page Link to this message

Idle_yzag
Hero
Username: Idle_yzag

Post Number: 19926
Registered: 02-2008
Posted From: 198.80.144.187

Rating: N/A
Votes: 0 (Vote!)

Posted on Wednesday, January 20, 2010 - 12:55 pm:   Insert Quote Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

CA lo CTS projects ki 1 yr isthunaru anta
RahulGandhi/JP/Chiru
Top of pagePrevious messageNext messageBottom of page Link to this message

Elcaminocapastrino
Hero
Username: Elcaminocapastrino

Post Number: 18709
Registered: 03-2008
Posted From: 208.88.0.16

Rating: N/A
Votes: 0 (Vote!)

Posted on Wednesday, January 20, 2010 - 12:41 pm:   Insert Quote Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

I guess they just want to get rid of all H1Bs
Top of pagePrevious messageNext messageBottom of page Link to this message

Kamal
Side Hero
Username: Kamal

Post Number: 7335
Registered: 08-2009
Posted From: 130.36.62.141

Rating: N/A
Votes: 0 (Vote!)

Posted on Wednesday, January 20, 2010 - 11:49 am:   Insert Quote Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)


Jalsa:

1 year stamping antey 1yr validity instead of 3 yrs?




naakaithe ade ardam ayyindi mari !
Ekam sat, Vipra bahuda vadanti :-)
Top of pagePrevious messageNext messageBottom of page Link to this message

Jalsa
Side Hero
Username: Jalsa

Post Number: 9529
Registered: 02-2008
Posted From: 159.53.78.143

Rating: N/A
Votes: 0 (Vote!)

Posted on Wednesday, January 20, 2010 - 11:35 am:   Insert Quote Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

1 year stamping antey 1yr validity instead of 3 yrs?
Top of pagePrevious messageNext messageBottom of page Link to this message

Kamal
Side Hero
Username: Kamal

Post Number: 7328
Registered: 08-2009
Posted From: 130.36.62.139

Rating: N/A
Votes: 0 (Vote!)

Posted on Wednesday, January 20, 2010 - 11:26 am:   Insert Quote Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)


Maverick:




anni rules aa .. client side nunchi work status ni employer ki pampisthe .. confidentiality agreement violate chesinattu avvadaa annai?
Ekam sat, Vipra bahuda vadanti :-)
Top of pagePrevious messageNext messageBottom of page Link to this message

Maverick
Hero
Username: Maverick

Post Number: 12460
Registered: 01-2008
Posted From: 192.146.101.71

Rating: N/A
Votes: 0 (Vote!)

Posted on Wednesday, January 20, 2010 - 10:09 am:   Insert Quote Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

Correct ga implement cheste consulting companies can satisfy this rule.Outright ga ivvam ani vallu decide aite chesedi en ledu..But documentary evidence can be provided as indicated below

H-1b Employer Employee Memo of 8 January - Practice Hints
by
Rajiv S. Khanna


I am reproducing material from our employers-only (by invitation only) conference call for tomorrow. These matters need to be in place for H-1 new applications, transfers as well as extensions.

In view of the Memo of 8 January 2010 from USCIS, employers in the consulting business need to prepare for some changes in the way they work and their documentation. In our community call for employers on 14 January 2010, I had touched on some of the changes in the way you do business. This memo will provide further advice. Treat this both as a document providing guidelines for change as well as a starting point for several discussion, we as a community, will have. Feel free to let me have your comments.
For our purposes, an H-1B is based upon formation (and continuation) of a valid employer-employee relationship between the petitioner and the beneficiary. Note what USCIS says how they will define this relationship.
We need to establish we have the right to control when, where and how the job is performed.
1. We need to establish that you continue to supervise the employee even when the employee is working off site
2. Establish work flows and document them to show how many times a week/month the employee reports to you. Create documentation that provides dates and substance of discussions with the employee.
3. Do you have to right to control the day to day work of the employee? In other words, do you get to tell the employee: the times they arrive and leave; the amount of work they must do each day; the quality standards for the work; how to do the work, etc.
4. Do you provide the tools or instrumentalities needed to perform the job? In many industries, that would men providing items like laptops, desktops, printers and job-related software. If yes, document that you do.
5. Do you have the ability to hire, pay and fire the employee? This can be documented through employment contract with the beneficiary or through the offer letter. There is no legal requirement that you must enter into an employment agreement with you employees, H-1B or otherwise.
6. Do you evaluate the work product of the employee? In the IT industry, you can think of as the review before user acceptance. But even if you do not, you should be able to meet this requirement by establishing periodic performance review (at least annual) criteria. You can create spreadsheets of various elements that can be assessed: technical proficiency; ability to learn new material; client satisfaction; communication skills, etc.
7. Do you claim the employee on your corporate taxes (W-2)? The answer will of course be “yes” for all consulting companies, because you are required to place employees on your payroll as W-2 employees.
8. Do you provide any employee benefits? These can be medical insurance, paid vacations, bonuses, travel allowances (per diem), etc.
9. Does the employee use any of your proprietary information to perform the job? So, for companies that are selling products bundled with consultation would have an easier time proving this element. For most consulting companies the answer would be no. Nevertheless, document any training you provide the employees. That could be relevant.
10. Is the work product directly related to your business? The answer here would be “no” for most consulting companies. But an argument could be made that the work product for consultants is “consulting advice.” If that is true, then the work product is indeed directly related to the business.
11. Do you have the right to control how the work product is produced? This is similar to some of the points above and deals with the control of how work is performed.
Oka Potti Gundu Hanumanta Rao
Oka Laavu Ironleg Sastry
Oka Podugu Nandamuri Taraka Rama Ravu
Top of pagePrevious messageNext messageBottom of page Link to this message

Film_fan
Side Hero
Username: Film_fan

Post Number: 9804
Registered: 03-2008
Posted From: 81.138.131.153

Rating: N/A
Votes: 0 (Vote!)

Posted on Wednesday, January 20, 2010 - 10:00 am:   Insert Quote Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

abbo chaala messy chesinattu unnaru ga.....H1B by small companies ni///
A computer lets you make more mistakes faster than any invention in human history - with the possible exceptions of handguns and tequila.
-- Mitch Radcliffe
Top of pagePrevious messageNext messageBottom of page Link to this message

Ustad
Side Hero
Username: Ustad

Post Number: 2519
Registered: 07-2008
Posted From: 65.160.151.28

Rating: N/A
Votes: 0 (Vote!)

Posted on Wednesday, January 20, 2010 - 09:50 am:   Insert Quote Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

Ninna oka friend email forward chesadu abt H-1


http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employe r-Employee%20Memo010810.pdf

This is how many could read RECENT (Jan 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.
Link to the memorandum – http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employe r-Employee%20Memo010810.pdf
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?

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 – 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.
Top of pagePrevious messageNext messageBottom of page Link to this message

Maha
Side Hero
Username: Maha

Post Number: 2350
Registered: 08-2008
Posted From: 76.73.36.58

Rating: N/A
Votes: 0 (Vote!)

Posted on Wednesday, January 20, 2010 - 09:43 am:   Insert Quote Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

FOrd bama manchi pani chesaduga valla country janala kosam...manam madhyalo vacham madhyalo potham anthe...ante manam settlers type annattu epatikaina thatta butta sardhalsinollame...be ready guys...
Top of pagePrevious messageNext messageBottom of page Link to this message

Ford
Junior Artist
Username: Ford

Post Number: 887
Registered: 10-2009
Posted From: 24.34.24.3

Rating: N/A
Votes: 0 (Vote!)

Posted on Wednesday, January 20, 2010 - 09:31 am:   Insert Quote Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

H1 will be replaced by Automobile workers from detroit. They should be trained first and then given job as software eng in java.
Papayya
Top of pagePrevious messageNext messageBottom of page Link to this message

Ford
Junior Artist
Username: Ford

Post Number: 886
Registered: 10-2009
Posted From: 24.34.24.3

Rating: N/A
Votes: 0 (Vote!)

Posted on Wednesday, January 20, 2010 - 09:28 am:   Insert Quote Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)



3 months for extension and 2 months for stamping..
Papayya
Top of pagePrevious messageNext messageBottom of page Link to this message

Dhaarkaar
Hero
Username: Dhaarkaar

Post Number: 18218
Registered: 02-2008
Posted From: 198.204.133.208

Rating: N/A
Votes: 0 (Vote!)

Posted on Wednesday, January 20, 2010 - 09:28 am:   Insert Quote Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

kondanu tovvi elakanu patinattu vundhi...EP gaadu eedu H1 valani tokkalani tappithe anthati coveted position lo koorchoni inkaa em chestha ledu..
Top of pagePrevious messageNext messageBottom of page Link to this message

Ford
Junior Artist
Username: Ford

Post Number: 885
Registered: 10-2009
Posted From: 24.34.24.3

Rating: N/A
Votes: 0 (Vote!)

Posted on Wednesday, January 20, 2010 - 09:26 am:   Insert Quote Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

After Christmas security fail ant.
Papayya

Add Your Message Here
Post:
Bold text Italics Underline Create a hyperlink Insert a clipart image HASH(0x85c9648){Movie Clipart}
Show / Hide regular icons selection options

Click on following links to open cliparts by Alphabetical Order

 A   B   C   D   E   F   G   H   I   J   K   L   M  

 N   O   P   Q   R   S   T   U   V   W   X   Y   Z  

Show / Hide Filmy icons selection options

Click on following links to open cliparts by Alphabetical Order

 A   B   C   D   E   F   G   H   I   J   K   L   M  

 N   O   P   Q   R   S   T   U   V   W   X   Y   Z  


Username: Posting Information:
This is a public posting area. Enter your username and password if you have an account. Otherwise, enter your full name as your username and leave the password blank. Your e-mail address is optional.
Password:
E-mail:
Options: Enable HTML code in message
Automatically activate URLs in message
Action: