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  #1  
Old 01-13-2010, 02:07 PM
imh1b imh1b is offline
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Default USCIS makes H1B rules are more tough in 2010

http://www.uscis.gov/USCIS/Laws/Memo...Memo010810.pdf
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  #2  
Old 01-13-2010, 02:21 PM
jhaalaa jhaalaa is offline
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Lightbulb Guidelines are welcome. Caution for all.

Long 19 page memo - but loud and clear for many scenarios -
http://www.uscis.gov/USCIS/Laws/Memo...Memo010810.pdf

USCIS posts Q & A:
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD


This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).

Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.

This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.

Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.

Best Wishes

Last edited by jhaalaa; 01-13-2010 at 06:05 PM. Reason: New links
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  #3  
Old 01-13-2010, 02:29 PM
thomachan72 thomachan72 is offline
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Default

Can somebody who can access the document put out the important points/changes that are in there?
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  #4  
Old 01-13-2010, 02:45 PM
Abhinaym Abhinaym is offline
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Default Ridiculous..

Just more ways to perpetuate their buereaucracy and make the lives of legal immigrants (and non-immigrants) tougher.

Almost every rule these stupid agencies make is against small businesses.
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  #5  
Old 01-13-2010, 02:46 PM
thomachan72 thomachan72 is offline
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Default

Quote:
Originally Posted by jhaalaa View Post
Long 19 page memo - but loud and clear for many scenarios -
http://www.uscis.gov/USCIS/Laws/Memo...Memo010810.pdf

This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).

Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.

This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.

Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.

Best Wishes
Please explain why these (see above) will be more difficult if you have read it. What precautions / strategy our members can take etc.
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  #6  
Old 01-13-2010, 02:49 PM
roseball roseball is offline
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Default

Quote:
Originally Posted by thomachan72 View Post
Please explain why these (see above) will be more difficult if you have read it. What precautions / strategy our members can take etc.
This memo, if followed, could stop anyone working for consulting companies (body shops) from getting H1 extensions or new H1s on the basis of lack of employer-employee relationship. People working for companies like IBM, Accenture, etc are still ok but people who work through consulting companies at client sites where the consulting company (employer/petitioner) only runs the employees payroll and has no control over an employee's day-to-day job responsibilities, are now deemed to be lacking an employer-employee relationship and hence may no longer get H1s (new or extensions).

Last edited by roseball; 01-13-2010 at 02:54 PM.
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  #7  
Old 01-13-2010, 03:01 PM
dskhabra dskhabra is offline
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Default

One important point from the document: If employer can not directly control/supervise his employee's work and then H1B new petition/extension may not be approved.
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  #8  
Old 01-13-2010, 03:23 PM
lc1978 lc1978 is offline
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Default Can you pl explain 'AC21 folks beware', in what way its going to affect?

Quote:
Originally Posted by jhaalaa View Post
Long 19 page memo - but loud and clear for many scenarios -
http://www.uscis.gov/USCIS/Laws/Memo...Memo010810.pdf

This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).

Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.

This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.

Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.

Best Wishes
Regards
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  #9  
Old 01-13-2010, 03:38 PM
ubetman ubetman is offline
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ubetman is infamous around these parts
Default AC21 seekers will have affect only...

In my opinion, AC21 seekers will have affect only when they need H1 sponsorship with new employer and that too if they move to a consulting company.

correct me if I am wrong...
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  #10  
Old 01-13-2010, 03:41 PM
snathan snathan is offline
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Default

I just heard from attorney there are lot of debate going on in AILA and they are trying to stop this memo from being implemented...they are the one going to lose more business then the body shops....
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  #11  
Old 01-13-2010, 03:49 PM
jhaalaa jhaalaa is offline
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jhaalaa will become famous soon enough jhaalaa will become famous soon enough
Default explain 'AC21 folks beware'

When folks transfer to a new employers using AC21 (where AC21 is otherwise valid) -
0. NOT APPLICABLE: for folks who only use the EAD for the AC21 and do not use H1 transfer.
1. OK: for folks where you work directly for the new H1 transfer sponsor.
2. DIFFICULT: When H1 transfer using AC21 is sought from a sponsor just to meet AC21 criteria, while one works as a consultant.

AC21 Beware - is specially meant for those wishing to seek AC21 from a small consulting company - because finding some big employer who would presently write a job description in the offer letter to match the criteria ("same or similar") that was advertised for the Labor certificate underlying a I-485 petition that has been pending 7 or more years back does not seem very practical.
_______________________________
In general, for folks on H1 or those planning to get one -

A. Folks who work directly for the H1 sponsors are OK.

B. With this memo, meeting 'Employee-Employer relationship' shall become tougher to prove for small and specially third party consulting company employees who work elsewhere and for an unrelated (to what is stated on the LCA petition used for the H1) client.

It does not mean that its all going to be dark for all with no hope.
Just that, keeping all necessary documentation, proof of communication of work, duties, progress, status, performance assessments, time sheets, documented business processes, projects related documentation, client-vendor communication, service agreements, etc shall become very tedious for small consulting businesses.


Best Wishes for all

Last edited by jhaalaa; 01-13-2010 at 03:56 PM. Reason: more content
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  #12  
Old 01-13-2010, 03:59 PM
thomachan72 thomachan72 is offline
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Default

Quote:
Originally Posted by dskhabra View Post
One important point from the document: If employer can not directly control/supervise his employee's work and then H1B new petition/extension may not be approved.
Are these provisions new? I am not aware of the previous laws reg H1bs that is why I am asking. Previously employer did not need to have direct supervision?
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  #13  
Old 01-13-2010, 04:01 PM
u.misc u.misc is offline
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u.misc is infamous around these parts u.misc is infamous around these parts u.misc is infamous around these parts u.misc is infamous around these parts u.misc is infamous around these parts u.misc is infamous around these parts u.misc is infamous around these parts u.misc is infamous around these parts u.misc is infamous around these parts u.misc is infamous around these parts u.misc is infamous around these parts
Default

Bummer.

Last edited by u.misc; 01-19-2010 at 01:41 PM.
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  #14  
Old 01-13-2010, 04:01 PM
u.misc u.misc is offline
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Default Good Bye Edison

Bummer.

Last edited by u.misc; 01-19-2010 at 01:41 PM.
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  #15  
Old 01-13-2010, 04:06 PM
gc28262 gc28262 is offline
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Default

There is lot of non-sense happening in USCIS with union man, Grassley friendly, president in white house.

Looks like this memo is inspired by anti-immigrant lawmaker Grassley's recent questions to USCIS director. I doubt USCIS has such wide powers as to define employee/employer relationship.
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