I think let people put info about above n then can move to new thread in H1 related topics.
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I think let people put info about above n then can move to new thread in H1 related topics.
All,
One issue that affects most of us while waiting forthe dates to be current is the Stamping issue. We all know about the exhaustive scrutiny and sadism that ishappening these days. I have a few questions:
1. The scrutiny seems to be extremely high for EmP-Vend-client models (EVC).
Does this model violate H1B rules? If yes, why is the USCIS approving it here at the first place. (ie. After verifying all documents by issuing an RFE)
2. This administrative processing seems robe a blackbox. No timeframe is given. Any suggestions on do's and dont's is greatly appreciated.
3. People in similar situations, please post your experiences with the following information.
- # of successful previous stampings
- model (EVC or DCdirect client)
- consulate name
- date
- response (successful/ RFE/ Admin Processing etc.)
- post any other info that may he helpful
As for whether EVC model is legal, it is legal. Of course USCIS came up with the infamous employer-employee memo which itself is illegal. As nobody has effectively challenged this memo in court, USCIS still uses the memo guidelines while adjudicating H1s.
Why consulates has become so harsh on H1B candidates ? I suspect this is being done at the directive of Obama administration hoping to create more jobs here. Stamping was always unpredictable. Candidates were at the mercy of consulate officer always. Tough economy and Obama administration's efforts to create jobs had made it uglier.
Obviously we cannot expect any law firm to file a class action lawsuit. Cos if they do that and win, they won't get to earn money on individual cases.
gcq bingo! I think that memo itself is not quite legal because it is discriminatory. Yet another good place for advocacy in my opinion.
Quote:
Originally Posted by gcq
Q,
As normal immigrants what can we do in our capacity to make some noise about this?
2007,
The legality needs to be challenged on the ground that for McKinsey one doesn't have to prove such client relationship. For many other US based consulting company I believe this is NOT a requirement. ... why only discriminate IT consulting companies and that too especially based in India?
I think this involves filing a lawsuit against USCIS. If we were to do it .... we would need some serious funding and a proper organization.
Quote:
Originally Posted by 10102007
Ok there lies the problem. :). :(Quote:
Originally Posted by qesehmk
Well its not a problem. I think we can do that if we wanted to - people on this site have frequently asked whether we accept donations. But to accept donations then I have to register as a non-profit and have a proper organization. Personally I am not yet at a stage where I can devote that much time and accept that level of commitment. Besides there are organizations like IV who are devoted to advocacy. I would certainly support them and I would encourage others to do so if these organizations take this issue up.
On this site however our focus is establishing clarity. Sorry if you feel disappointed.
Quote:
Originally Posted by 10102007
Q,
I'm not disappointed with your answer. For what you have donE already to the immigrant community, you deserve a billion thanks.
It takes a lot if commitment, money power and group strength to achieve this and people have different priorities. I would have joined the crowd but would not have led one for the same reasons that you mentioned.
From a legal stand point a lawsuit against USCIS will be successful. Reason ? This new employer-employee memo contradicts the basic employer-employee relation as set by the "common law". USCIS cannot have its own definition of employer-employee. It has to follow the standards of common law. That is why winning this lawsuit is a no-brainer.Quote:
Originally Posted by 10102007
This lawsuit has to be brought up by some company/individual who is affected by this situation. Surprisingly most of the companies that are affected by this are not willing to take this step. AILA won't take up this issue unless somebody funds it. As far as AILA is concerned, they make more money when getting an H1 is burdensome for their clients.
When this memo came out, large consulting companies ignored it because they thought only small companies in multi- layer contracts will be affected. Then consulates tightened H1 stamping process and large ones were affected too. Then regular american corporations ( read FTE companies ) thought it would affect only consulting companies. Consulates made it difficult for even regular companies to get an H1B stamp.
so some one who got effected by this should be in US to file the case right... If they are effected they wont b in US anyways... what do you think...
That is the reason companies should fight this. When an employee himself is affected by this, he cannot remain in US.Quote:
Originally Posted by soggadu
AFAIK the company that filed the lawsuit on the memo lost it (I remember reading on IV / Trackitt). At the ground level the consulates are implementing the memo tooth and nail atleast for the smaller consulting companies. People who got their H1B extension prior to the memo should have had their cases grand fathered but that’s not the case. As soon as the magic combination of India + IT + consulting is seen 221G's are being issued. Frankly really nothing can be done, there are cases wherein H4's have been issued 221G and the cancellation / revocations have been done on the H1B case (I know firsthand about one such case wherein H4 denial triggered H1 cancellation request). So what we can do is to be judicious about our travel to home country, routine travel is best avoided, rather best invite your parents. People from larger American consulting companies are affected to a smaller extent; however we never know when that number might rise. This is another reason why we all wish the dates would move. PS - Iam a PWMB on H1B (IT Consulting) so I can feel the pain first hand.Quote:
Originally Posted by gcq
Can't seem to catch a break these days. No GC movement for the next few months. Until then can't go to India if one has to get stamping. Going elsewhere also is risky. Things are very depressing.Quote:
Originally Posted by gcq
Let me state that nobody forced me into this position Nor is someone stopping me fromgoing to India. It's my choice. Just venting out my frustration. Sorry.
Most companies like individuals like to stay away from hassles their only intent is to protect their business / loss of revenue. They rather like to work over-time to find replacements on GC's, TN Visa or by all other means. Unfortunately in this situation the employee and his family are the ones really suffering. It’s important to have all h1B extension work as compliant to the memo as possible. The era of multi layering is almost over as the requirement to prove that the petitioning company is supervising the day to day work of the employee.Quote:
Originally Posted by gcq
Myself:
- # of successful previous stampings - ZERO
- model (EVC or DCdirect client) - EVC (Consulting company)
- consulate name - Delhi
- date - 05/07/2009
- response (successful/ RFE/ Admin Processing etc.) - Admin Processing. Kept my passport for 4 months. Finally received a letter from consulate that my file has been transfered to kentucky service location. Came back on H4 visa and got amended to h1.
My Best Friend (i know this guy for last 14 years):
- # of successful previous stampings - ZERO
- model (EVC or DCdirect client) - EVC (Consulting company)
- consulate name - Chennai
- date - 04/07/2011
- response (successful/ RFE/ Admin Processing etc.) - Admin Processing. Provided all the documents including client letter. Keep sending emails to consulate and they reply saying its still in admin processing, will take time. Luckily he is working from india for the same client.
My Sister in law:
- # of successful previous stampings - ZERO
- model (EVC or DCdirect client) - EVC (Consulting company)
- consulate name - Chennai
- date - 05/27/2011
- response (successful/ RFE/ Admin Processing etc.) - Admin Processing. She is working from India for the client.
My Neighbour:
- # of successful previous stampings - 1
- model (EVC or DCdirect client) - Emphasis employee working for HP
- consulate name - Chennai
- date - 11/12/2010
- response (successful/ RFE/ Admin Processing etc.) - Successful.
Quote:
Originally Posted by 10102007
Soggadu,
I am affected by this EE relationship policy. My h1b transfer filed in march 2008 was denied in march 2009 after an RFE (in september 2008) on a EE relationship.
I was working for a top beverage company and they have a corporate policy that they cannot provide client letter to contractors (inspite i worked there for 3 years).
After denial i consulted rajiv s khanna and he adviced me to apply for another h1b via another company and in premium processing. I was parially lucky as i got approval but with consular processing (as my I-94 expired on august 2008)
Lost money, time, my previous priority date etc because of this mess.
Quote:
Originally Posted by soggadu
http://www.murthy.com/news/n_im221g.html
Ineresting point. Murthy says even though we may have all our papers in order when we go for stamping, we may get Admin Processing because of the employer.
Please read the article and share your thoughts.
Is there a way to know if our employers are not in the bad books?
It is interesting that consulates are denying visas for some reason. The best way to check your luck with visa stamping is to know whether employees from your company had successful visa stamping recently.Quote:
Originally Posted by 10102007
Hi All...this is regarding H1b visa stamping....Planning to visit india in Sep.As my h1b expires in Jan 2012, company informed me to get H1b extended before travelling to india and i got the extension also approved today...BUT there was an issue...USCIS gave my extension Approval date from JAn 2012 till Jan2015. So technically i have, two I-797 now...i am confused now which I-797 shuld i submit when i go for visa...will having 2 i-797 be issue for them to issue visa...did any one in this form faced this issue b4...please let me know what to do:confused:
mesan,Quote:
Originally Posted by mesan123
Submit both, shouldn't have any issue.
Veni
Sorry I meant to respond to you but havent been able to so far. Pls bear w me for a day more max.
Quote:
Originally Posted by veni001
mesan, they "should" issue you through Jan 2015. Whether they will do it? I don't know. But as Veni said, your 797s prove that you will be in status throug Jan 2015 which make you eligible for that much visa.Quote:
Originally Posted by mesan123
Thank You Q & Veni :)
Quote:
Originally Posted by qesehmk
Hi mesan123 (aren't you the infamous n*5 + 123?) jk :)
I can help you with this:
First, I would suggest that you think and rethink before planning to go for visa stamping.Almost all of the people I know who had gone back to India for stamping have been stuck there for more than 3 months or so under admin processing.So unless you have a compeling reason to do this, I would suggest to avoid. If you do have a valid visa right now on your passport (and depending on your travel back date), I would suggest to use that valid visa to re-enter instead of applying for visa extension at the consulate.
Second, if you are still planning to go for visa, you can submit BOTH the current and new petition at the consulate. I had done the same back in 2008. On the form, I had mentioned the current petition and when I went to the consulate i submitted both of them. Once the officer said my visa is approved, I asked him what the expiry date would be for the visa. He confirmed that it would be according to the new petition. This was back in 2008 - who knows whether they will care to even respond nowadays.
Good luck...
Quote:
Originally Posted by mesan123
Thank You for the reply gchopeful123
I need to go to india . Cant postpone my trip...Actually i work for fulltime company, was not worried intially to go to visa as couple of my colleagues who went to visa got there's. But my only concern started seeing the dates in H1b Extension. I dont have valid visa now.
Itz been 5 years already since i went....postponed my trip already several times for several reasons...taking a chance this time lets see what happens..
Quote:
Originally Posted by gchopeful123
gc,
Does that mean visa of the people you know was rejected? I am on extension as in 3 years extension after I140 approval. I was thinking of visiting too and was wondering if it would make sense to get it stamped from Mexico, Canada or India. Gurus, please advise.
If your company is fortune 500, I wouldn't worry about getting stamped from India. If you are inclined to choose between Mexico and Canada, I would advise Canada since Canadian consulates are not as overloaded with work as the ones in Mexico.
p.s. - Just make sure you DONT have canadian residency. Having Canadian residency is somehow seen unfavorably. You can google about it.
Quote:
Originally Posted by TheTexan
If you are from IT consulting then you can be sure of getting 221G, if you are a fulltime employee of a big company you are safe, full time employees of small companies are borderline. The situation for IT consulting folks is down to right terrible, even H4's are being denied with H1B being cancelled, people in this category should not take a chance unless there is a very good reason or family emergency. Iam also in IT consulting and personally know firsthand about people being stuck on 221G and after months the outcome is negative based on the E2E relationship memo. I do have my visa stamped till 2012 but just playing it safe by not going hopefully for another year hopefully.Quote:
Originally Posted by TheTexan
I am a full time employee at a small company and I have my visa stamped till 2012. Leaving this weekend for India. Hopefully it will be a smooth ride. :)
status change from "just missed priority date" to "H1 stamping REJECTED" :)
Quote:
Originally Posted by TeddyKoochu
On a related note, if the H1 say does get rejected, I think you should be able to work towards getting your 485 processing option changed from AOS to CP, and then when your CP interview comes in, you need to take the employment offer letter and other proof from the employer. Just a thought.
Thanks Q & Teddy,
I am in IT but have been working fulltime for a big Environmental Consulting firm for over 6 years now. I wanted to get it done before taking the vacation. Btw, all folks in NE please stock up for Irene :-)
Gurus,
what is the average time frame to get a EAD or GC from the time of FIngerPrinting done.? We beecame current in AUgust and had our FP done.
Texan then you should be fine. I work for a fortune 100 and never experienced any difficulty whatsoever. Each time the officers would do some chit chat about whether etc but thats about it.
Quote:
Originally Posted by TheTexan
Within 4 months MAX both GC and EAD should be done. Unless company paid for EAD or running out of time on H1, it was not really necessary to file EAD.Quote:
Originally Posted by sidd21
Thanks Q.Quote:
Originally Posted by qesehmk
I was running out of time on My H-1 ,so had to file EAD.
Friends please look at the following posting from racoon776, the most important and difficult condition in the E2E memo is employer having direct control over work.
http://immigrationvoice.org/forum/2791964-post18.html
My friend is in similiar situation. He had an H1B extension for 3 years recently and when he went to India for vacation, for visa stamping in Hyd consulate, they looked at this client letter and told him that they do not see his employer having any control over his work. He is in a EVC model. They issued him some form and told him that they sent his case to USCIS for advise. Now he is stuck there with no end his sight when this is going to be resolved and wondering if his original petition is going to be denied.
This is very depressing. After submitting all documents and responding to RFE, I got my H1 extension. But I'm sure it's going to be a royal pain if I go for stamping. Not sure why the consulate is looking at things differently when the USCIS approved the visa here. Donno when there will be some light at the end of the stamping tunnel.
Nishant,Quote:
Originally Posted by nishant2200
Will things be any different if we go for CP? Won't there be question about the EE relationship, the nature of job with the employer etc.?