Source:mb.com
The Immigration Service has recently begun investigating H-1B employers to identify fraudulent petitions. Employers are reporting privately contracted investigators arriving unannounced at worksites to investigate approved H-1B petitions.
These visits are deliberately unannounced and the investigators ask to speak with the human resource (HR) representative and H-1B worker. The employer rep and employee have little to no time to prepare the information needed. The element of surprise can also confuse the H-1B parties and result in inconsistent responses.
Investigators are asking the HR representative questions about the company such as the how many employees it has and how many are legal residents. Questioning then moves to the H-1B job duties, salary, work hours and start date. Sometimes the person interviewed is not as familiar with the job duties as, say for example the H-1B employee’s immediate supervisor. This can result in well-intentioned but harmful guessed answers. The H-1B employee is also individually questioned about duties and responsibilities, salary, work hours and period of employment. When one investigator was asked if the interview was based on a random selection process, the investigator stated that it was not random.
It is important that H-1B employers and employees be prepared for these unannounced visits. The designated HR representative should have a clear and thorough understanding of the H-1B worker’s duties and responsibilities. The HR rep should not guess any answers, but, have the information readily available, including the start date, work hours, and wages paid. These should be consistent with those listed on the petition, and if not, immediately brought to the attention of the company’s immigration attorney to advise on the corrective measures that need to be taken.
It was extremely revealing that these inspections are not random. From a previous release by the immigration service, we know that certain factors trigger referrals to the H-1B fraud unit. These are employers with gross annual income of less than $10 million, less than 25 employees, companies engaged in consulting or staffing showing no end-client/work description or itinerary, job location on the LCA differing from the place of employment, no website for IT companies, excessive blanks in the petition and for certain H-1B occupations. The suspect occupations are Accountants, Market Research Analysts, Business Analysts, Financial Analysts, Advertising Managers, Public Relations and Sales positions with what the Immigration Service calls “marginal companies”. A marginal company is defined by the Immigration Service as lacking the organizational complexity required to support the position on a full-time basis. Examples provided to adjudicators are liquor stores, dry cleaners, gas stations, residential care facilities, convenience stores, donut shops, fast food restaurants, dental offices, 99 cent stores and parking lots.
The Immigration Service has created a profile of what it deems to be a suspect H-1B petition. There are many legitimate H-1B petitions that fit squarely within the suspect profile. H-1B employers and employees in this position should understand that they can be subjected to additional scrutiny from the Immigration Service. Consequently, they should be properly prepared by thoroughly and accurately documenting the H-1B position. They should clearly understand the scope and terms of employment. Then, even if they receive a surprise visit from an investigator, they will be able to demonstrate the H-1B position is a legitimate and valid position.
Tuesday, August 25, 2009
cognizant, CTS, H1-B, NRIs
H1B Cap : August 2009 Update
The USCIS H1B cap count, as of August 14, 2009, is 45,000. This is a slight increase over the past several counts. The advanced degree cap remains at 20,000. The USCIS continues to accept FY2010 H1B cases under the advanced degree and regular caps.
Saturday, August 22, 2009
Layoffs in India, Wipro
Sacked Wipro employee alleges harassment
An ex-employee of Wipro has filed a harassment case with the Electronics City police against some senior officials of the company after his services were terminated, reports Bangalore Mirror. Ram Manohar G, a native of Hyderabad, has alleged that he was confined to a room and harassed by his seniors, and was finally forced to quit. The 37 year old techie had been working as a team leader in the organization for the past 15 months.
According to Ram, he joined Wipro on Dec 3, 2007 and was unlawfully sacked on March 10 this year. Earlier he was working with MindTree in Bangalore. In his complaint, he alleged that he was confined to a room for a couple of hours at a stretch on several occasions by the higher-ups, and asked each time to resign. "It all started when recession hit the IT business. As far as my knowledge goes, some seven to eight thousand employees have been sacked during the last couple of months. But looking at my 11 years of experience and good track record, I was not really bothered about my services being terminated," he said.
In his complaint, he said, "I was confined by Anuradha Raju (Assistant Manager, TED, Testing Services, BFSI) in a conference hall inside the campus and was forced to sign on some blank papers. When I asked for the reason, she threatened that they would blacklist my name with NASSCOM and ensure that I did not get a job elsewhere."
Ram has also accused Ganesh Halapeti (Senior Project Manager, AXA, Australia) of abusing him in vulgar language over the phone. "He threatened that if I did not sign on the blank papers, my career would be ruined. I was also ordered to come to the office and work despite being sick." He also approached the HR Department about the incident, but no one paid heed to his grievance. "After I was sacked for no proper reason, I am in a state of shock and am facing acute financial problems."
Saurabh Govil, Senior Vice-President (HR), Wipro Technologies said, "We have not seen the complaint and would not like to comment before seeing it. The ex-employee in question, Ram Mohan, was employed with Wipro. We will not be able to provide any specific information on the individual due to employee confidentiality."
Govil said that the company would provide all the necessary co-operation and support to the investigating authorities in the matter. "We have a very robust process to deal with employee grievances. We have not had any complaints of this nature ever before. This may be an isolated case," he said.
Source: SiliconIndia
According to Ram, he joined Wipro on Dec 3, 2007 and was unlawfully sacked on March 10 this year. Earlier he was working with MindTree in Bangalore. In his complaint, he alleged that he was confined to a room for a couple of hours at a stretch on several occasions by the higher-ups, and asked each time to resign. "It all started when recession hit the IT business. As far as my knowledge goes, some seven to eight thousand employees have been sacked during the last couple of months. But looking at my 11 years of experience and good track record, I was not really bothered about my services being terminated," he said.
In his complaint, he said, "I was confined by Anuradha Raju (Assistant Manager, TED, Testing Services, BFSI) in a conference hall inside the campus and was forced to sign on some blank papers. When I asked for the reason, she threatened that they would blacklist my name with NASSCOM and ensure that I did not get a job elsewhere."
Ram has also accused Ganesh Halapeti (Senior Project Manager, AXA, Australia) of abusing him in vulgar language over the phone. "He threatened that if I did not sign on the blank papers, my career would be ruined. I was also ordered to come to the office and work despite being sick." He also approached the HR Department about the incident, but no one paid heed to his grievance. "After I was sacked for no proper reason, I am in a state of shock and am facing acute financial problems."
Saurabh Govil, Senior Vice-President (HR), Wipro Technologies said, "We have not seen the complaint and would not like to comment before seeing it. The ex-employee in question, Ram Mohan, was employed with Wipro. We will not be able to provide any specific information on the individual due to employee confidentiality."
Govil said that the company would provide all the necessary co-operation and support to the investigating authorities in the matter. "We have a very robust process to deal with employee grievances. We have not had any complaints of this nature ever before. This may be an isolated case," he said.
Source: SiliconIndia
Accenture, New Deals, Outsourcing
SAS hires Accenture in 7-year outsourcing deal
Scandinavian Airlines Awards Finance and Accounting Business Process Outsourcing Contract to Accenture
Accenture (NYSE: ACN: 35.45, -0.9, -2.48%) will provide Scandinavian Airlines (SAS) with finance and accounting (F&A) business services in Western Europe under a seven-year business process outsourcing (BPO) agreement.
The services Accenture covers include accounts payable, accounts receivable and accounting to reporting. Accenture will provide the services to SAS in 14 countries across Western Europe; mainly in Sweden, Norway, Denmark and the United Kingdom. The services will be delivered through Accenture's Global Delivery Network from its delivery center in Delhi, India.
"The work being performed by Accenture is part of SAS's new strategy "Core SAS" that is designed to deliver annual savings through a streamlined and simplified operating model," said Sara Jinnerot, VP at SAS Accounting Services. "We selected Accenture because of their ability to provide a qualitative and cost effective solution. Accenture has a proven track record of delivering similar services".
"We are proud to have been selected to support SAS. The contract agreement will deliver cost-effective solutions and a standardized process for the finance and accounting services and further strengthens our position in the airline industry, says Patrik Bjorkler, a senior executive in Accenture's Nordic outsourcing practice.
Accenture (NYSE: ACN: 35.45, -0.9, -2.48%) will provide Scandinavian Airlines (SAS) with finance and accounting (F&A) business services in Western Europe under a seven-year business process outsourcing (BPO) agreement.
The services Accenture covers include accounts payable, accounts receivable and accounting to reporting. Accenture will provide the services to SAS in 14 countries across Western Europe; mainly in Sweden, Norway, Denmark and the United Kingdom. The services will be delivered through Accenture's Global Delivery Network from its delivery center in Delhi, India.
"The work being performed by Accenture is part of SAS's new strategy "Core SAS" that is designed to deliver annual savings through a streamlined and simplified operating model," said Sara Jinnerot, VP at SAS Accounting Services. "We selected Accenture because of their ability to provide a qualitative and cost effective solution. Accenture has a proven track record of delivering similar services".
"We are proud to have been selected to support SAS. The contract agreement will deliver cost-effective solutions and a standardized process for the finance and accounting services and further strengthens our position in the airline industry, says Patrik Bjorkler, a senior executive in Accenture's Nordic outsourcing practice.
Cost cutting, Oracle
Oracle cuts CEO's base salary to $1
Software giant Oracle Corp said in a regulatory filing on Friday that it would cut the salary of its chief executive to $1 in fiscal 2010 from $1 million in the previous year.
Chief Executive Larry Ellison agreed to the pay cut, according to the filing. "The compensation committee recognizes that Mr. Ellison has a significant equity interest in Oracle, but believes he should still receive annual compensation because Mr. Ellison plays an active and vital role in our operations, strategy and growth. Nevertheless, during fiscal 2010, Mr. Ellison agreed to decrease his annual salary to $1," the company said in a filing.
A spokeswoman for the company declined additional comment. Oracle's executive compensation packages include a base salary, an annual cash bonus and stock options.
In fiscal 2009, 97 percent of Ellison's overall compensation was in the form of a bonus and stock options. Only 1.2 percent was his base salary and 1.8 percent was other benefits, according to the company.
Chief Executive Larry Ellison agreed to the pay cut, according to the filing. "The compensation committee recognizes that Mr. Ellison has a significant equity interest in Oracle, but believes he should still receive annual compensation because Mr. Ellison plays an active and vital role in our operations, strategy and growth. Nevertheless, during fiscal 2010, Mr. Ellison agreed to decrease his annual salary to $1," the company said in a filing.
A spokeswoman for the company declined additional comment. Oracle's executive compensation packages include a base salary, an annual cash bonus and stock options.
In fiscal 2009, 97 percent of Ellison's overall compensation was in the form of a bonus and stock options. Only 1.2 percent was his base salary and 1.8 percent was other benefits, according to the company.
Accenture, Cost cutting
All not well at Honeywell, Accenture
Green shoots? Honeywell and Accenture don’t appear to be seeing any. The former has announced that its employees will have to take a mandatory 10 days off in December-January without pay. And the latter has just issued a statement that it will lay off 7% of its senior executive workforce.
Honeywell employees in India said that Krishna Mikkilineni, president of Honeywell Technology Solutions, conveyed the decision at a public gathering in Bangalore recently. When contacted by TOI, a Honeywell spokesperson declined to go into specifics, but issued the following statement: “Even as Honeywell continues to grow its businesses in India, our employees have agreed to participate in a voluntary and temporary reduced work schedule, in consonance with their colleagues elsewhere.’’
In the case of Accenture, the company’s global CEO William Green said in a company release issued on Thursday: “We are acting boldly to position Accenture better for both short-term and long-term economic improvement growth and profitability.’’ The 7% workforce reduction would mean over 300 senior executives would be laid-off. The company globally has about 177,000 employees, of which 4,800 are senior-executive employees. The Accenture release said it will also reduce excess office space globally.
Till the time of releasing this story, Accenture had not replied to a mail from TOI asking about the extent to which its Indian operations would be affected by the move.
The technology sector in general is still some way from a recovery. Most companies around the world have tightened their tech budgets. Honeywell, which makes products like aviation electronics , car turbochargers and temperature control systems for buildings, has been hit badly by the global recession in all of the key businesses it supports—aviation , auto, and property. In the second quarter ended June 30, its profit plunged 38% and revenue dropped 22%.
The company has taken a number of cost cutting measures. At least for some employees in the US, Friday is now a half-day without pay. In India, where it has 10,000 employees, benefits like cafeteria subsidies and vacation rewards at the end of five years of service with the company have been withdrawn.
But there are indications that the downturn in technology , like that in many other sectors, is bottoming out. One evidence of that is the re-emergence of recruitment advertisements. In recent weeks, prominent companies like Infosys, GE Healthcare, Infotech and even Accenture itself has issued ads seeking to fill varied positions.
Honeywell employees in India said that Krishna Mikkilineni, president of Honeywell Technology Solutions, conveyed the decision at a public gathering in Bangalore recently. When contacted by TOI, a Honeywell spokesperson declined to go into specifics, but issued the following statement: “Even as Honeywell continues to grow its businesses in India, our employees have agreed to participate in a voluntary and temporary reduced work schedule, in consonance with their colleagues elsewhere.’’
In the case of Accenture, the company’s global CEO William Green said in a company release issued on Thursday: “We are acting boldly to position Accenture better for both short-term and long-term economic improvement growth and profitability.’’ The 7% workforce reduction would mean over 300 senior executives would be laid-off. The company globally has about 177,000 employees, of which 4,800 are senior-executive employees. The Accenture release said it will also reduce excess office space globally.
Till the time of releasing this story, Accenture had not replied to a mail from TOI asking about the extent to which its Indian operations would be affected by the move.
The technology sector in general is still some way from a recovery. Most companies around the world have tightened their tech budgets. Honeywell, which makes products like aviation electronics , car turbochargers and temperature control systems for buildings, has been hit badly by the global recession in all of the key businesses it supports—aviation , auto, and property. In the second quarter ended June 30, its profit plunged 38% and revenue dropped 22%.
The company has taken a number of cost cutting measures. At least for some employees in the US, Friday is now a half-day without pay. In India, where it has 10,000 employees, benefits like cafeteria subsidies and vacation rewards at the end of five years of service with the company have been withdrawn.
But there are indications that the downturn in technology , like that in many other sectors, is bottoming out. One evidence of that is the re-emergence of recruitment advertisements. In recent weeks, prominent companies like Infosys, GE Healthcare, Infotech and even Accenture itself has issued ads seeking to fill varied positions.
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