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Regarding New H1 rule..........


SRIHARI1236

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Hii guys,


I guess every one of u know about the new H1 rule which gives no space for the consultant to come into the employee and employer relationship. I am not clear about  what exactly the rule is and how its gonna effect us all. What are the consultants saying about this? I request every of u to share the information u know about this ..............

Please dont give the guess answers which is not helpful to any one....

Thanks,
Srihari.

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To Quickly summarize , This  new rule is a Whip on subcontracting, There should not be any employers between your employer and the client ,  Your employer should be the the direct employer for the client. and Your employer should maintain/monitor all your Activities which should include work related, logistics related, your billing, your travel if any ... etc



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Many of my fds told that they did not understand what the new memo says exactly

Before this new memo, a consultancy can place a consultant at any onsite project work.
In this case the consultant has to report to the manager of the company. So here the consultancy is not having the control of the consultant because he is reporting to the manager of the company with whom he is working.

Now what the new memo says is the consultancy should have to right to control over their consultant. That means the manager also has to be from the same consultancy unlike the companies manager.

This is called as the employee and employer relation ship.

Lets take the case of a Wipro.

they usually come to US with bunch of people along with there manager, Who have the control over them

so they dont have any problem with the new memo

but the only problem is for the US based consultancies..who are working at third party




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