Will my case be affected by the new H1B Memo

[workinusa]

Hi,

Thanks in advance for answering my query.

I am working in a client location through a desi consultant. I have 1 layer in between.

I have been working for the past 2+years in the same project and i have the paystubs and W2 regularly.

In my client location i am supervised by my manager who also is an employee of my desi consultancy(but he is a US citizen).

I report to him every work day. He is working here for the past 10+years.

Will my position be affected by the new Memo? i have a I-140 approved before an year.

If i change companies, is there a chance to maintain the PD?

Thanks,
Anxious

[eastindia]

Everyone working for consulting company working for a client will be affected by the memo.

[mnkaushik]

From your case, it looks like the company holding your H1B has a supervisor in place, who you directly report to and has the authority over you. So, it looks like you do satisfy the definition of employer - employee mentioned in the memo. But it is always good to get a lawyer's view on it.

[deepakjain]

Originally Posted by eastindia

Everyone working for consulting company working for a client will be affected by the memo.

Wrong Comment.

If you are working for a client and have a team & manager and the manager supervise your day to day work you are good.

Only those who are deputed to any client site as a resource to work on hr'ly basis as one man show or someone whose company works as body shopper are in trouble.

[workinusa]

I however dont use any proprietary tools as mentioned in the MEMO

Could this be a matter of concern?

Thanks in advance
Anxiously

[kumar1305]

Relax dude, you are supervised by your company guy. Do not die out of fear which doesn't exist. Live like a warrior.

[DUNBAR]

The memo lists an example where the beneficiary should be supervised by a manager from the same company which filed the petition and if located at a client site then the beneficiary should be working on the product from the company that filed the petition, customzing it I guess for the client. I wonder how so many desi consulting firms having third party contracts are going to make this scenario possible.

[sonia_sd]

Originally Posted by kumar1305

Relax dude, you are supervised by your company guy. Do not die out of fear which doesn't exist. Live like a warrior.

well said,

"Where the mind is without fear...and the head is held high" - R N Tagore

[workinusa]

Thanks for the inputs thus far everybody.

I guess that i have work in hand... so let me ask my consultancy if they have any prop tools so that i can use it to advantage

[cooldesi]

Originally Posted by deepakjain

Wrong Comment.

If you are working for a client and have a team & manager and the manager supervise your day to day work you are good.

Only those who are deputed to any client site as a resource to work on hr'ly basis as one man show or someone whose company works as body shopper are in trouble.

I would be devi's advocate here. Just having manager(I would guess project manager as managers are not generally contractors) from same company means nothing. absolutely nothing.

it's the value part which is going to matter. how related is your employer's business to client business.

At the same time I do think that uscis will give some time for companies to evolve. companies should use this memo as wakeup call rather than slipping it under the carpet as most will do.

[workinusa]

Thanks for the prompt inputs.

Seems like i have some work ahead of me then...

[cooldesi]

your employer should have work ahead of him. your job is to do good job at client site. your employer should worry about these things.