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New USCIS Rule on H-1Bs Sets Off Strange Civil Suit


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H-1Bs Sets Off Strange Civil Suit

By David North on May 21, 2018
 

The Department of Homeland Security has set up a system recently that will make it harder for the big outsourcing companies to use the H-1B program in the huge "rent a programmer" business. The new rules require more direct management of these workers than traditionally has been the case, to the detriment of those employers who are in the job placement – as opposed to the direct solutions — business.

For a once-over-lightly, pro-employer account of this action, see this article in Newsweek, which we should remind you has little in common with the Newsweekof old, once owned by the Washington Post.

As I read the article I kept wondering which one of the mammoth, largely-India-based outsourcing firms, was bringing the case. After a while, the magazine indicates that the suit was brought by the "Small and Medium Enterprise Consortium and two IT service providers" not named in the article. The Consortium is based in New Jersey.

Having lived and studied in that state for years, I looked a little further. The Consortium has a suite of offices in Edison, N.J., a New York suburb; all seven of its board members have Indian names.

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Then, turning to PACER, the data file run by the federal courts, I learned one of the two firms was Derex Technologies, in Harrison, N.J., and the other was NAM Info, Inc., in Cranbury, N.J., near Princeton. Google Street View shows us that Derex Technologies has its offices on the third floor above a sporting goods store in that Rust Belt town (building at right in photo). I had heard of none of them, and all their postal addresses had suite numbers, suggesting modest size.

Were these three fronts for Tata, Infosys, Cognizant, and the like? Those three huge firms have much more to lose by the new ruling than the three little outfits that brought the suit.

Had the three plaintiffs (with perhaps some funding from the big guys) hired a topnotch corporate outfit to fight the case in court?

Quite the opposite. The small law firm on the case is Davis & Brusca, with offices off Route 1, some miles outside Princeton. Its Facebook page says: "We advocate for the most vulnerable victims of abuse and neglect and hold nursing homes and other negligent parties accountable."

The lawyer in the case, Brian Carney, describes his practice as focusing on automobile accidents, bed sores and pressure injuries, and the like.

His biography says that he is a former deputy attorney general of New Jersey. (I learned quickly working in Trenton that all lawyers working for the state's AG carry that grandiose title.)

I am not a believer in most conspiracy theories. Maybe this is just a case of an ambitious little legal firm seeking to get beyond its current specialty in personal injury law. Or perhaps the big H-1B users are deliberately using a modestly named plaintiff with a modest law firm to make the case for the big guys.

It will be interesting to see how this develops.

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Just now, KATHRI said:

Telugu lo chinna summary rayi anta chadive time Leni vallaki

Okka mukka relation ledu story ki title ki. Edo big companies trying to use small company as face and filed law suite ani kavi bhavam but adi kadu ani realize ayyadu anta 

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5 minutes ago, KATHRI said:

Telugu lo chinna summary rayi anta chadive time Leni vallaki

Lawsuit time waste ani rasadu. Jarigedi jaruguthundi ani kooda annadu.

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19 minutes ago, tacobell fan said:

Okka mukka relation ledu story ki title ki. Edo big companies trying to use small company as face and filed law suite ani kavi bhavam but adi kadu ani realize ayyadu anta 

Aa so called big companies like Indian WITCH companies don't care man, vallu employee ni tissue paper la vadukuni avathala padese type. They don't go for lawsuits and such stuff, teega lagithey donkantha kadulutundi malli

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H4ead apandi ra..na pakkana aunty ni intiki pampandi ra ante vellu h1 mida padatharu lekapote opt mida..what is this katha katha

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22 minutes ago, tennisluvr said:

Aa so called big companies like Indian WITCH companies don't care man, vallu employee ni tissue paper la vadukuni avathala padese type. They don't go for lawsuits and such stuff, teega lagithey donkantha kadulutundi malli

Witch companies ee 50 employee system , paying less H1b fee ni kuda exploit chesayi bhayya

like TCS vadiki IDC ani oka falthu company undi

cognizant vadiki vy systems ani oka falthu company undi

ela lagithe donka antha kaduluthundi

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5 minutes ago, LastManStanding said:

H4ead apandi ra..na pakkana aunty ni intiki pampandi ra ante vellu h1 mida padatharu lekapote opt mida..what is this katha katha

I support stopping H4 EAD abuse , denni apithe oka vela GC EAD sangathi ento telisipoddi

Intially I supported H4 EAD, later I saw lot of loop holes and exploitation in H4 EAD. we need to stop h4 EAD abuse immediately

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Just now, bhaigan said:

I support stopping H4 EAD abuse , denni apithe oka vela GC EAD sangathi ento telisipoddi

Intially I supported H4 EAD, later I saw lot of loop holes and exploitation in H4 EAD. we need to stop h4 EAD abuse immediately

ya bro darunam asalu..year inko 50k aina minimum vastaru vallu...manager gallu pellalni andarni dimputunnaru...ma danilo oka manager wife join aindi e month 7th month pregnant and maternity leave tiskuntundi ippudu with benefits..lol...valla ishtam aipoindi asalu..15 couples in my ofc

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1 minute ago, LastManStanding said:

ya bro darunam asalu..year inko 50k aina minimum vastaru vallu...manager gallu pellalni andarni dimputunnaru...ma danilo oka manager wife join aindi e month 7th month pregnant and maternity leave tiskuntundi ippudu with benefits..lol...valla ishtam aipoindi asalu..15 couples in my ofc

Tappu bhayya deeni kosam H4 EAD ni introduce cheyaledu, some where this H1B system got hijacked evado denni tappu dari lo tisukelthunadu

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3 minutes ago, LastManStanding said:

ya bro darunam asalu..year inko 50k aina minimum vastaru vallu...manager gallu pellalni andarni dimputunnaru...ma danilo oka manager wife join aindi e month 7th month pregnant and maternity leave tiskuntundi ippudu with benefits..lol...valla ishtam aipoindi asalu..15 couples in my ofc

nothing illlegal , as per policy ye tesukunaru ani  @TampaChinnodu chepamanadu

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36 minutes ago, bhaigan said:

Tappu bhayya deeni kosam H4 EAD ni introduce cheyaledu, some where this H1B system got hijacked evado denni tappu dari lo tisukelthunadu

Inka evaru bro mana desi managers and mestris

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