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h1b321

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About h1b321

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  1. h1b321

    H1-B Denied in Hyderabad

    totally agreed. PPL cannot be stereo type when reviewing applications or one day just by looking at Indians they will reject the application (assuming he works for a shady desi company).
  2. h1b321

    H1-B Denied in Hyderabad

    Hey ! First of all I am cognizant of all the options available to be in status. I feel there is nothing wrong in trying to get a qualified employment and your words remind me of people in their 1st yr of h1 (no offense). Once you have your 140 approved you cannot go on a "F" status, well at least till I last researched it was not a dual intent visa. Take a minute and think if the rules are consistent even thought the guy applies 100 times the results will be the same. The USCIS is easy on the applications because they are funded to a major extent by these applications and have to keep it coming. On the other hand DHS is not, so they do not care at all. @ staying illegal ?? common man ..,,, don't think like a fresher out of school ....there are plenty of opportunities in the world and Indian market is also booming ...no person with a good vision will do that ... Now second point where did you get the idea that there is low demand in the skilled class ?? Please do some research and you will be surprised ...not even 1-2 % unemployment rate in the skilled class.....how many of your friends who are skilled are looking for a job ?? by skilled I mean who are above average ....... When a case takes 15 days - 6 months to get approved in the USCIS, and in the consulate it gets blown off in 2 - 10 mins ?? ...this does not make sense !!!
  3. Hey Guys, Today I got my refusal letter via email, and to my surprise the facts presented there do not match my answers at all. Not sure if this is a generic template that is being sent to everyone who is getting rejected. @ hire fire authority it has been quoted that I said it has been delegated to the Client !! why in the world will I say that when its not a fact at all. @ at supervision: my workflow for reporting goes from my employer to vendor and if needed to the client. This has been presented as the vendor and implementer having control. @ it was asked if I use proprietary tools but in the document it says proprietary information ?? @ the end product development : how does it help employer ...this was never asked !! When I asked for the reason of denial the VO very clearly said as per the h1 laws the petitioner should have the job you cannot work as a third party and in your case the petitioner should have been the first layer as he has the job and not your employer.
  4. h1b321

    H1-B Denied in Hyderabad

    Sorry the post is not a business process document or something that I am being paid for, if you cant understand that's no big deal. The typos were because of the keyboard ....when others can understand and reply, I am sure you are smart enough to make sense out of it .... No one here is arguing to bend the rules but the point is there should be some clarity around the rules. This approve petition and reject visa game will not help ! @ management skills : You have no idea how good I am at what I do :) , if it helps you I would like to mention that I already have 4 offers from my previous clients ..... thanks to the desi firm which gave me my first opportunity ....... I like your last comment which was straight forward and without sarcasm ....please stick to this and you will be more respected. Thank you !
  5. h1b321

    H1-B Denied in Hyderabad

    @ Proper supervision : so you are telling me that you we a mentor with a couple of years of experience mentoring a fresher ? interesting !! and may be its be you are not cognizant of the market and the IT culture now ....which makes you say all this... and a correction to your stereo type comment that I am not into product development .....my contribution to production development is the innovative idea based on my functional experience of the industry which came from the consulting back ground ...For your information I am evaluating a product now for my client for which the vendor thinks like you that's its a Niche but in fact he is violating PCI compliance ...and the product has been certified by various entities ..... Ok when you are venting so much on Indian companies explain me this : why are big implementation companies given a soft corner for their tax frauds ?? why do they send ppl on B1 and work around the tax system ??? and they qualify for BEP ??? Ya right ... The right thing should be USCIS should reject the application then and there ....and act fair ....so that my lease, car payments and other liabilities should not be impacted (think about it ) ....and it is not easy to find an employer who will hire you from India on H1 ....may be you can get a contract and again find a company which does h1 and guess whats happening when you go to the consulate with this employment, your application is subjected to some kind of new admin process and again you loose the job ...even FT clients do not wait ..... You are a senior member of this forum and a great contributor ...but my friend you guide but discourage ppl. when someones career is in jeopardy you should not be sarcastic ..it does not suit you ... Coming back to the contribution of my team members its totally dependent on my direction ...... Pls take a break from forum and do some research on the IT outsourcing ( when I say outsourcing ...it does not mean offshoring the job but give it to a service provider for 3- 5 yrs ) now you will say "why don't you get a job with them " but the fact is they get ppl from third world countries to work on a McDonald type rate . @ heart and soul on project : we give our sweat and blood to every assignment that we go to ...don't think we browse immigration forums all day. @ non-compete : that was an answer to your comment on NDA's , did you hear of something called "travelling consultants" ?? where person goes back to his base location and reports to his primary manager at employer site ? and just to add for core competencies companies seldom hire h1 workers, for many reasons including security reasons. @stealing the code : when Stayam collapsed no one audited the US audit firm which was doing the fact checks !! did we hear anything about that ? now the business model is to offshore (send out of country) the technical design and get the code done, this is the side a This argument can go both ways .....the point here is govt should stream line the process and blacklist all the companies not compliant with laws and this information should be made public for the employees to make a better decision and move on ....rather than getting surprised ....at the visa counter. In this way they can have a better plan. And please accept not all desi companies are fraudulent and the evaluation process is broken with a wrong capacity planning. 6- 8 months for a normal project verification ??? why doesn't the consulate call up the client in a day or two after seeing the client letter, like it calls up the university to verify the educational documents for an F1 application ? FPU should have better capacity planning .....the senators who oppose the h1 and have raised concerns ...also are proponent of giving GC to ppl educated from US ....why is that not being addressed .......??
  6. h1b321

    new law against h1b visa stamping

    So who told this to your friend his friends -> uncle's --> brothers-> daughter who is an ex employee of USCIS :)) ....Jus kidding ..... dude you are on Murhty.com the biggest immigration forum .......just think if there was any reality to this you would see it here on the home page ......your friend needs counseling if he thinks law will be passed to control the visa officers rights .....(I wish I turn out totally wrong on this) :)
  7. h1b321

    H1-B Denied in Hyderabad

    @ JoeF I am not sure what do u mean by a real job ?? getting paid from an employer who is compliant with legal laws and appraises like any end client isn't a real job ? I agree with you or xyz who claimed employer should have the control over the employee, but as long as this is being demonstrated and exercised, what seems to be the problem when you are working with technology partner companies ? I respectfully disagree with your comment that EVC model does not bring in talent. The ground reality is that the best breed of IT professionals come from the consulting background as they have a lot of exposure from different clients and various projects and that's the "real value add" my friend for any project. I think spending 5-8 years siting on one chair will make you very limited to that particular client. I do not work directly for a Big Indian implementer but I manage their team , a team which has been brought from India after going thru "BEP" I hate to tell this but the talent is totally unfit for a consulting position. Just think about it how many locals will relocate from state to state seeking employment ? . Ok I agree the program was abused by some people .... you have mentioned the quota getting filled up the first day by all bogus jobs ....fine ...agreed....but please dont forget the 3 times larger quota which actually had clogged the GC system and forced ppl to stick to desi companies.....any clean up without a proper process improvement initiative bites.....we as Indians will survive anywhere in the world after going thru this insanity ....as long as I pay my taxes I have the right to protect my dreams ......so I think the double standard of the system is something exactly like what the shady consultants did for revenue .... I don't understand how can there be multiple interpretations of one simple document (Neu Memo) ....USCIS has its own interpretation ....DHS has its own interpretation .....attorney has his own interpretation ......WTH man ! is this written in some kind of complex java code or something ........I dont think so ......... if the EVC model is killed then many of the attorneys will soon work on traffic tickets ...... and one more note ....any product development company (midsize business) cannot fully fund its projects without consulting. consulting + product development go hand in hand ..... its a high risk for the bank to fund the project in this market ... especially in the down turn so where will the money come from? China ?? hmm .....just think ....as long as the agreement between a EVC model gives the employer the right to control the employee with a strict non-compete or non solicitation with the client ......whats the problem ? the employer can handle this in presence of the vendor ...........yes I totally agree with you that there are many companies who sponsor H1B's for direct employment, but as per the latest market trend all the support work is outsourced to one single technology vendor. This is eating up the real jobs .....the govt should put a cap on this ......and control it .. ...then the client will think of hiring locals ...but I think these ppl have a strong lobby .......its Ok as long as they provide good talent but they are not !! and very soon this will be researched about and will be public information.....at that time the ambiguous Neu memo will be amended ....I feel someone is carrying the ladder horizontally ;) ..... @Adil and all my friends who are stuck because of these rules try your best but enjoy ur stay in India nothing is larger than life ,,,this is very difficult for ppl who were on real jobs as the calculations in the mind don't stop ...."but consider this as a vacation and have trust in God that what ever is good for you happens to you " stay sharp, pray .. and have faith in America someone will realize these mistakes and give us a fair shot again ....that's what is great about USA.
  8. h1b321

    H1-B Denied in Hyderabad

    I understand that the Neufeld Memo was intended to fill the shortage of employment at the direct client site but as the H1B process evolved the dynamics of the market has changed. First and foremost there are many genuine temp contract jobs where there is a contractor required for very short term duration clients are ready to pay the contractor rather than hiring and firing a permanent resource. Now this multi tier business model is a food chain ...when the govt wants to kill this model they are also killing jobs. In my case the work I do has lot of open position for the locals but unfortunately there is no local talent available to fill these requirements. Luckily my employer has managed to get the job outsourced and I am getting paid decently. Now my taxes will be paid to the Indian govt , client has saved about 50% of the cost but the vendor who is an pure 100% american company has at least taken a hit of 5K per month....... so I wonder the underemployment issue is being resolved or additional issues are being created ?? I am totally against keeping employees on bench and all kind of sham policies , govt has the right to audit that but EVC and EVVC models are food chains killing this model is totally senseless.Anyone from this industry will not support it at all, except for the Indian IT companies which are pushing for visa increase but have a work around now. I was told that USCIS has approved my petition in error so USCIS is making a wrong decisions on all the applicants who are workin on the EVC or EVVC model ??? Ya right ....if this is the case someone is sleeping on the job............or the memo is written as per the 90's market .....where the GC process took 1 -2 yrs .. ... I hope at least the GC process will be streamlined now ........
  9. h1b321

    H1-B Denied in Hyderabad

    I understand that the Neufeld Memo was intended to fill the shortage of employment at the direct client site but as the H1B process evolved the dynamics of the market has changed. First and foremost there are many genuine temp contract jobs where there is a contractor required for very short term duration clients are ready to pay the contractor rather than hiring and firing a permanent resource. Now this multi tier business model is a food chain ...when the govt wants to kill this model they are also killing jobs. In my case the work I do has lot of open position for the locals but unfortunately there is no local talent available to fill these requirements. Luckily my employer has managed to get the job outsourced and I am getting paid decently. Now my taxes will be paid to the Indian govt , client has saved about 50% of the cost but the vendor who is an pure 100% american company has at least taken a hit of 5K per month....... so I wonder the underemployment issue is being resolved or additional issues are being created ?? I am totally against keeping employees on bench and all kind of sham policies , govt has the right to audit that but EVC and EVVC models are food chains killing this model is totally senseless.Anyone from this industry will not support it at all, except for the Indian IT companies which are pushing for visa increase but have a work around now. I was told that USCIS has approved my petition in error so USCIS is making a wrong decisions on all the applicants who are workin on the EVC or EVVC model ??? Ya right ....if this is the case someone is sleeping on the job............or the memo is written as per the 90's market .....where the GC process took 1 -2 yrs .. ... I hope at least the GC process will be streamlined now ........
  10. h1b321

    H1 revoke

    Hey Guys, Same story: Appeared in HYD EVC model and had the petition sent back for revocation. I had got the amendment done last month and petition was recently approved. Same questions asked as mentioned below, as soon as the VO asked about the vendor he appeared to have made a decision. Asked me questions just for the heck of it , when he was questioning about right to control I explained him the work flow employer --> Vendor --> client, but he was stuck on direct relation with the client and considered the employment as third party placement which according to him was not allowed as per H1B laws. Anyways if E-C model then I guess its going thru, so I guess this should be worked out before we go to the consulate. I not pissed at the VO (he is just doing his job) but at the disconnect between consulate and USCIS. If USCIS acknowledges this as a issue I would have accepted a FT offer being in U.S. So long story short find employment with some Indian company like cngoniznta or wirpo or TSC which is implementing or handling IT by placing some fresh kid out of school and does not call it a "desi company" , does not worry about the quality of work to the client and delivers some **** .....but yes fulfills all the employer employee relations perfectly ....coz the VO wants you to work for such companies ......or work for end client who will not file your GC for at least 2 yrs and once filed the GC will take 5 yrs ..to get processed ...till then bear the pain .....I would understand if the employer is breaking the law ....or troubling me .....but I am being paid since 5 yrs without break .......WTH ..... I guess the real story is USCIS is funded by the petition money and consulate is run by the Gov ....so I do not expect a clear answer from USCIS till the economy is back on the track .....
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