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Work visas Want to discuss about H1B and other work related visa regulations and latest updates?

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  #1  
Old January 26th, 2010, 01:54 PM
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H1B Holders: BEWARE!

For all H1B holders in EC: be careful while making any travel plans outside the country. Obama is out to screw legitimate foreign workers!

Quote:
H-1B visa-holders being deported from port of landing!

Several Indians who arrived with an H-1B visa at Newark and John F Kennedy airports were deported based on a new rule, immigration attorneys and activists have reported.

The new rule stipulates that those who arrive on a work visa should 'arrive at the place of work'.

The rule could seal the fate of thousands of Indians who have applied for Green Card too.

It could bring an end to consultation, termed by some as 'body-shopping'. Airport deportations have frightened those on work visas and many have canceled their travel plans, too.

"The airport deportations," Morley Nair, an immigration attorney based in Philadelphia, "have sent shockwaves through the H-1B community. H-1B employers, employees and their attorneys alike are flabbergasted by this brazen act of official highhandedness where individuals arriving on H-1B visas were singled out even before their primary immigration inspection, put through sham questioning, forced into making coercive statements, issued expedited removal orders, and sent back."

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  #2  
Old January 26th, 2010, 01:56 PM
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Re: H1B Holders: BEWARE!

From murthy.com

Quote:
Note to H1Bs Traveling to U.S. and Working for Consulting Companies

Posted 14.Jan.2010; updated 22.Jan.2010

[We also recommend that those interested in this article, read our January 22, 2010 article, H1B Memo on Employer-Employee Relationships and 3rd-Party Placements.]

The Murthy Law Firm has received several reports and learned of instances in which H1B employees were sent back home to India after the Christmas / New Year holiday from various airports, particularly Newark, NJ, and JFK in New York, NY. We at the Murthy Law Firm will be contacting both AILA national and the CBP office in Newark and New York. Our effort is to gain clarification and determine the basis for sending H1B employees back to India (or other home countries), and, if this is due to an error of judgment or law, we will seek a reversal of this recent, alarming trend. In addition, a related January 8, 2010 memorandum from the USCIS analyzes the definition of "employer" and "employee" particularly for H1B employees working at third-party client sites. While these two actions may not be related, both demonstrate the current level of government scrutiny of the H1B program. Hence, each employer and employee should operate by strictly following the H1B program requirements.

We will need to review the events and the USCIS's evolving definitions of relevant laws to determine short, intermediate, as well as long-term lawful solutions to deal with this issue. If an H1B employee accepts expedited removal / deportation (with the government paying the cost of the airline ticket) from the CBP officer, removal may result in a minimum 5-year bar on reentering the United States. If an H1B employee indicates to the CBP officer at the airport that s/he is requesting a withdrawal to enter the United States (and return home on the next flight at one's own expense), s/he is able to apply for a new H1B visa stamp either with the same or a new H1B employer and reenter the U.S. within a few days / weeks.

We at the Murthy Law Firm will continue to share useful information that we believe will help you to plan your travel or when you change H1B employers.
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  #3  
Old January 26th, 2010, 02:04 PM
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Re: H1B Holders: BEWARE!

end of the american 'legal' dream.. but then I don't think its plausible.. about 60-80% of H1Bs work in such companies..

good chance for Wipro, Infy, TCS, etc to acquire much more manpower by transferring H1Bs and property in US..
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Old January 26th, 2010, 02:14 PM
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Re: H1B Holders: BEWARE!

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Originally Posted by sarv_shaktimaan View Post
end of the american 'legal' dream.. but then I don't think its plausible.. about 60-80% of H1Bs work in such companies..

good chance for Wipro, Infy, TCS, etc to acquire much more manpower by transferring H1Bs and property in US..
How so? They'll need to have offices in every city where they have clients, isn't it?
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Old January 26th, 2010, 02:49 PM
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Re: H1B Holders: BEWARE!

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Originally Posted by motowner View Post
How so? They'll need to have offices in every city where they have clients, isn't it?
They wont need to have offices... the clause is that the employee's PM/ Manager/ Boss (The one who will do appraisal and define tasks and daily duties) should be also on-site.. Only with these big companies you have whole/ most team from the same company.. Wipro would get a project, fit their team, then get 1-5 guys as per need from small consultancies/ independent contractors.

The basic objection with 3rd party employment was that most desi/ small consultancies are only collecting money and giving to the employee.. They are not involved with what work employee does on daily basis.. you report to your on-site boss (Client's PM).. the hike you get in salary may or may not be related to your performance which may never be taken into account or studied at all.
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Old January 26th, 2010, 02:54 PM
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Re: H1B Holders: BEWARE!

US has the right to curb foreign workers while unemployment rate is at record levels.


'arrive at the place of work'.
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  #7  
Old January 26th, 2010, 04:48 PM
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Re: H1B Holders: BEWARE!

A friend of mine coming back from a vacation in India recently landed at the Newark Airport. He is on H-1b. In front of him, 3 guys (on H-1b) were deported because they could not convince the Officials regd how their employer was connected to the end client since they were working through preferred vendors at the client site. My friend was interviewed for 2 and 1/2 hrs before they stamped his I-94.

I think immigration lawyers are bound to raise a stink about this and hopefully the USCIS might relent/clarify their stand.
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  #8  
Old January 26th, 2010, 08:11 PM
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Re: H1B Holders: BEWARE!

Problem being the H1-B program has been abused to the limit by these desi consultant agencies, bodyshoppers and the likes of Infy and others. This was just bound to happen. USCIS is also tightening the screening of H1-B applications and inspecting work places. There definitely seems to be a pattern on targeting questionable companies/agencies/individuals/practises

This will teach a good lesson to the unscrupulous players and will regulate h-1b program
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Old January 27th, 2010, 07:20 AM
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Re: H1B Holders: BEWARE!

This seems to be going beyond regulation though.
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Old January 27th, 2010, 07:42 AM
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Re: H1B Holders: BEWARE!

US should cancel the H1B program. With unemployement at record levels and alternate models of offshore services available and mature, why is there a need for H1Bs?

Change instead to an immigrant visa based on job. The sponsor will file directly for a work permit. The permit will need to be filed by the end user of the applicants services. So all interim bhadvas are eliminated.

This way only "real" needs are granted visas. And those that are granted visas dont have to spend 5-10 years worrying about status and filing and all that other shit.
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Old January 27th, 2010, 08:04 AM
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Re: H1B Holders: BEWARE!

Quote:
Originally Posted by smellyfinger View Post
US should cancel the H1B program. With unemployement at record levels and alternate models of offshore services available and mature, why is there a need for H1Bs?

Change instead to an immigrant visa based on job. The sponsor will file directly for a work permit. The permit will need to be filed by the end user of the applicants services. So all interim bhadvas are eliminated.

This way only "real" needs are granted visas. And those that are granted visas dont have to spend 5-10 years worrying about status and filing and all that other shit.
There will need to be visas which people will use to come and work with an intention of going back in a shorter time! How will companies like Wipro/Infy fare if this change is made? It will be a killer for Indian IT industry...
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  #12  
Old January 27th, 2010, 08:28 AM
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Re: H1B Holders: BEWARE!

Quote:
Originally Posted by smellyfinger View Post
US should cancel the H1B program. With unemployement at record levels and alternate models of offshore services available and mature, why is there a need for H1Bs?

Change instead to an immigrant visa based on job. The sponsor will file directly for a work permit. The permit will need to be filed by the end user of the applicants services. So all interim bhadvas are eliminated.

This way only "real" needs are granted visas. And those that are granted visas dont have to spend 5-10 years worrying about status and filing and all that other shit.
Smelly,
do you think every other company that only requires a consultant for say 5-6 months would be willing to spend in finding the right guy and getting his documentation done, so that they can have him for only 5-6 months.

As long as there are short term needs by any firm in USA, the desi consulting firms would exist.
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Old January 27th, 2010, 08:29 AM
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Re: H1B Holders: BEWARE!

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Originally Posted by kkkk View Post
There will need to be visas which people will use to come and work with an intention of going back in a shorter time! How will companies like Wipro/Infy fare if this change is made? It will be a killer for Indian IT industry...
take Citizens here and move most of the work offshore.
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Old January 27th, 2010, 08:33 AM
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Re: H1B Holders: BEWARE!

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take Citizens here and move most of the work offshore.
makes them lose the cost advantage! also, what do they do with citizens after handover? fire them?
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Old January 27th, 2010, 08:44 AM
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Re: H1B Holders: BEWARE!

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makes them lose the cost advantage! also, what do they do with citizens after handover? fire them?
take them as consultants.
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