desi3933
06-28 06:46 AM
desi3933,
Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --
The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.
Thanks for your reply.
H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.
Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).
Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.
Now, coming back to your quote
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.
In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.
It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.
Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC holder.
Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.
_______________________
Not a legal advice.
US citizen of Indian origin
Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --
The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.
Thanks for your reply.
H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.
Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).
Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.
Now, coming back to your quote
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.
In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.
It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.
Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC holder.
Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.
_______________________
Not a legal advice.
US citizen of Indian origin
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Deepika
07-04 03:46 PM
My application was delivered on Jul 2, 12:15 PM to Nebraska and signed by Robert Picture .
drirshad
04-07 09:35 PM
STRIVE and u will win ..........
Or at least you will have ur SKILLs ......
Khan
------
Something worst always happen when much good is about to happen .........
Or at least you will have ur SKILLs ......
Khan
------
Something worst always happen when much good is about to happen .........
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485Mbe4001
09-09 07:04 PM
:eek: As expected and as many posters said it would, all of EB3 including ROW is now screwed.. due to the change in visa allocation of over flow, july 07 fiasco and adhoc namecheck 90 provision, nothing against the ones who benefited from this.... ROW might see some progress but EB3 I/C are screwed big time....yes long live USCIS indeed...there is no hope for EB3 as a whole without a recapture provision.
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more...
GC08
09-14 07:34 PM
As of September 14, 2007, USCIS has completed data entry and issued receipt notices for applications and petitions received on or before the dates indicated:
California Service Center
Form Number Date Received
I-130 8/08/2007
N-400 7/26/2007
All Other Forms 9/06/2007
Nebraska Service Center
Form Number Date Received
I-131 7/29/2007
I-140 7/29/2007
I-485 Employment
Based 7/29/2007
I-765 7/29/2007
N-400 7/26/2007
All Other Forms 8/05/2007
Texas Service Center
Form Number Date Received
I-131 7/19/2007
I-140 8/13/2007
I-140 concurrently filed
with I-485 7/19/2007
I-485 Employment
Based 7/19/2007
I-765 7/19/2007
N-400 7/16/2007
All Other Forms 9/11/2007
Vermont Service Center
Form Number Date Received
I-130 7/29/2007
N-400 7/25/2007
All Other Forms 9/4/2007
USCIS Lockbox
Form Number Date Received
I-485 Family Based 8/30/2007
TPS 8/26/2007
TEXAS center is catching up!!!!:D
If these data are true, how come a lot of July filers still have not got their receipts?
California Service Center
Form Number Date Received
I-130 8/08/2007
N-400 7/26/2007
All Other Forms 9/06/2007
Nebraska Service Center
Form Number Date Received
I-131 7/29/2007
I-140 7/29/2007
I-485 Employment
Based 7/29/2007
I-765 7/29/2007
N-400 7/26/2007
All Other Forms 8/05/2007
Texas Service Center
Form Number Date Received
I-131 7/19/2007
I-140 8/13/2007
I-140 concurrently filed
with I-485 7/19/2007
I-485 Employment
Based 7/19/2007
I-765 7/19/2007
N-400 7/16/2007
All Other Forms 9/11/2007
Vermont Service Center
Form Number Date Received
I-130 7/29/2007
N-400 7/25/2007
All Other Forms 9/4/2007
USCIS Lockbox
Form Number Date Received
I-485 Family Based 8/30/2007
TPS 8/26/2007
TEXAS center is catching up!!!!:D
If these data are true, how come a lot of July filers still have not got their receipts?
EndlessWait
03-25 03:14 PM
Are we going to see the bulletin move to 2002,2003,2004,2005 ? in the next year .. wow its backed up 7 yrs..
more...
desi3933
07-09 02:38 PM
.....
Set up a LLC company or sole proprietorship and work with an attorney. Keep the paperwork tight and upto date.
....
Setting up company is just the first step for Self-Employment. The key things is to demonstrate that new job is in same/similar classification and company has offered "bonafide" job, not just job on paper.
BTW, it is not necessary to have LLC. The corporate structure could be S-Corp or C-Corp also.
__________________
Not a legal advice.
Set up a LLC company or sole proprietorship and work with an attorney. Keep the paperwork tight and upto date.
....
Setting up company is just the first step for Self-Employment. The key things is to demonstrate that new job is in same/similar classification and company has offered "bonafide" job, not just job on paper.
BTW, it is not necessary to have LLC. The corporate structure could be S-Corp or C-Corp also.
__________________
Not a legal advice.
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desi3933
06-26 03:06 PM
"Until and after 1 year" - how does it save me - the word "until"
please explain for me - Thanks Much ?
Sounds like there is a way out.
Could you please post whole sentence? Thanks.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
please explain for me - Thanks Much ?
Sounds like there is a way out.
Could you please post whole sentence? Thanks.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
more...
gandu_no1
07-11 03:15 PM
I agree absolutely. Living right here near DC and being a victim of the present USCIS mess, I still did not know about this campaign until a family member from India mentioned about it after reading it in the local newspaper.
I quickly signed up on this site and sent the flowers to be delivered yesterday.
I think the biggest 'thank you' belongs to Chidananda Rajghatta of the Times of India as far as the media is concerned. After all, it was his report in TOI that lit a fire under this campaign!
I quickly signed up on this site and sent the flowers to be delivered yesterday.
I think the biggest 'thank you' belongs to Chidananda Rajghatta of the Times of India as far as the media is concerned. After all, it was his report in TOI that lit a fire under this campaign!
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alterego
12-14 08:38 PM
I myself will not support for skill Bill in current form. Too much H1b numbers will not only create a problem for US citizens it will also for current H1bs as well future H1bs. That 20% automatic adjustment and exemption for Cap for MS persons will increase supply and it will be tough to find a job if too many people are in the market. There are abundant jobs in India. Let people wait in India for 1 or 2 years to come here. Sustained immigration without increasing unemployment is better for US as well as potential immigrants. Otherwise Hate will increase. It may be easy to talk Capitalism and fittest will survive. When those people talking will be unemployed for more than 6 months with kids in the family will realise the truth. In the Forum most of the people are young and they did not face any issue other than Green card.
But speed with which Corporations and Lawyers are working the Skill bill be passed in current form soon. We will wait and see after 3 years after increasing H1B. My prediction is Limited increase in H1 with Moderate increase in GC numbers will solve the problem for all the gc waiting people without big reaction from anti immigrants and that will boost sustained immigration.
You are absolutely right, but that is not the sort of solution that Corporations see as what would raise american competitiveness. That is what this whole thing is about.
But speed with which Corporations and Lawyers are working the Skill bill be passed in current form soon. We will wait and see after 3 years after increasing H1B. My prediction is Limited increase in H1 with Moderate increase in GC numbers will solve the problem for all the gc waiting people without big reaction from anti immigrants and that will boost sustained immigration.
You are absolutely right, but that is not the sort of solution that Corporations see as what would raise american competitiveness. That is what this whole thing is about.
more...
rameshms
05-23 08:55 AM
I have sent emails as per the clear (thanks) instructions. I have a small suggestion (correction). Instead of ending with "Thanks, .... Your Name", I suggest using "Thank You, ..... Your Name". IMHO, "Thanks" is used among friends and family and "Thank You" would be used for being more formal.
I know it is a minor detail, but I felt liking speaking what I felt.
Thank You
I know it is a minor detail, but I felt liking speaking what I felt.
Thank You
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murthy08
08-27 08:52 AM
They are requiring them to transfer from L1 to H1 status for L1 extensions. This will also mean an opportunity for them to move on to better paying companies and green card sponsoring companies, when they get a H1B status. A list of well paying and greencard sponsoring companies can be found by googling for "h1b unsweatshop"
more...
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rolrblade
11-21 08:10 AM
Hello Mehul:
I pray for you and your family and hope that god gives you the courage to deal with this extremely unfortunate situation.
On the note of your question, I have written to Greg Siskind requesting him to highlight you situation (ofcourse maintaining anonimity) and to suggest any recourse that you might have. Please keep an eye out on his blog and I hope he addresses this.
As a note to all the administrators of this IV forum, I am sure we can pull a few strings to have an attorney provide a free consultation to Mehul .
ALso, Mehul, if you cannot find an attorney who can provide a free consultation, please let me know and I can request my attorney if he would do this favor for me.
I pray for you and your family and hope that god gives you the courage to deal with this extremely unfortunate situation.
On the note of your question, I have written to Greg Siskind requesting him to highlight you situation (ofcourse maintaining anonimity) and to suggest any recourse that you might have. Please keep an eye out on his blog and I hope he addresses this.
As a note to all the administrators of this IV forum, I am sure we can pull a few strings to have an attorney provide a free consultation to Mehul .
ALso, Mehul, if you cannot find an attorney who can provide a free consultation, please let me know and I can request my attorney if he would do this favor for me.
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vinnysuru
03-05 04:57 PM
New Horizon,
Thanks for all your help in Private messages.
I have a question about Landing with Own car? Is there a way to get around importing it? I want to use my own car but don't want to pay import fee etc. Did they charge you anything? How much was it? What else to expect, do you think you will have to take it to Canada Tire etc. for Federal appointment etc?
Thanks
Thanks for all your help in Private messages.
I have a question about Landing with Own car? Is there a way to get around importing it? I want to use my own car but don't want to pay import fee etc. Did they charge you anything? How much was it? What else to expect, do you think you will have to take it to Canada Tire etc. for Federal appointment etc?
Thanks
more...
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gcdreamer05
08-27 02:47 PM
Holy cow... I cannot believe, I got my green card today...
My online case status changed to card production ordered today (1 hour ago).
I had filed during july fiasco and was not abel to send my medical tests , so had got RFE.
Then i took the medicals and sent the response in july 2009, and the status remained RFE response received for a long time.
I called NSC and opened a service request on Aug 18.
Guys believe me Service Request does miracles, they just approved it now.
So my journey came to an end after 7 years.
If I got green card, the whole credit goes to IV. You guys are really great, learnt a lot from this forum. Kudos to you all...
I will continue to visit these forums and help as much as I can.
I still cannot believe I got it.
My online case status changed to card production ordered today (1 hour ago).
I had filed during july fiasco and was not abel to send my medical tests , so had got RFE.
Then i took the medicals and sent the response in july 2009, and the status remained RFE response received for a long time.
I called NSC and opened a service request on Aug 18.
Guys believe me Service Request does miracles, they just approved it now.
So my journey came to an end after 7 years.
If I got green card, the whole credit goes to IV. You guys are really great, learnt a lot from this forum. Kudos to you all...
I will continue to visit these forums and help as much as I can.
I still cannot believe I got it.
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zoooom
07-19 07:22 PM
Done...
I am not sure what our target is but I have mentioned that I will monitor this thread for 2 days and depending on the number of people interested, we can set the limit and per person contribution. Lemme you if you have a better idea.
BTW I pledge $100
I am not sure what our target is but I have mentioned that I will monitor this thread for 2 days and depending on the number of people interested, we can set the limit and per person contribution. Lemme you if you have a better idea.
BTW I pledge $100
more...
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alterego
10-08 09:14 PM
None of this damn crap is fair. There are 3 lines in the green card queue. 1) Labor/PERM line, further subdivided on the basis of BEC, PERM, Employer willingness, exempt(NIW) etc. 2) the I-140 Line and 3) the I-485 line. These lines each have inconsistent patterns depending upon the winds of the day, a few years ago, LC/BEC lines were long, employers were less willing to sponsor green cards, and there was no I-140 PP processing, now all of a sudden PERM is there, PP of 140 came into being, and 485 became an eternal wait and country quotas came into being. For those that got screwed with BECs then PP 140 got removed when they were ready to file and now PD retrogressed into the stone age, it sure would seem like non sense for the guy who got PERM in 2 weeks, then PP 140 in 10 days and filed 485 in he July fiasco. Nevertheless you are only speaking in terms of degrees of getting screwed, since all are being done so by an unpredictable and unreliable system.
None of this damn crap is fair, we all know it. The only fair thing is for this country to decide who it wants and needs and sort them out ASAP. A wait of 2yrs, 5yrs or 10 yrs is immaterial, all of the above are ridiculous in EB immigration, degrees of unfairness is splitting hairs if you ask me. Up to 2 yrs is understandable, but beyond that implies a broken system which we need to lobby to fix. If we can all agree on that then, we have a platform to move forward with, otherwise we will get nowhere. When you average out the way most immigrants came to this land....................all of us are way more contributing and deserving, lets try to remind people of that as well as our future potential.
None of this damn crap is fair, we all know it. The only fair thing is for this country to decide who it wants and needs and sort them out ASAP. A wait of 2yrs, 5yrs or 10 yrs is immaterial, all of the above are ridiculous in EB immigration, degrees of unfairness is splitting hairs if you ask me. Up to 2 yrs is understandable, but beyond that implies a broken system which we need to lobby to fix. If we can all agree on that then, we have a platform to move forward with, otherwise we will get nowhere. When you average out the way most immigrants came to this land....................all of us are way more contributing and deserving, lets try to remind people of that as well as our future potential.
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Sachin_Stock
09-24 09:37 AM
Consider the scenario:
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
The fact that B filed before A, puts B ahead of A. You must think of it as just one queue and not different queues.
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
The fact that B filed before A, puts B ahead of A. You must think of it as just one queue and not different queues.
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gcformeornot
02-01 10:00 AM
employer. I know many cases like this, people approach these Bodyshoppers to get H1, or to convert H4 to H1..... many pay even H1 processing fees(which is illegal)..... just pray that after getting H1 they will get some project and the employer will pay....... they won't dare to ask employer.... becoz he can just revoke H1 and just be done with it...... many many cases....
confu
08-04 01:35 PM
I got my card today.
It starts on the next day of my old cards expiry date.
Validity is for one year only though.
What is your application PD and Category?
It starts on the next day of my old cards expiry date.
Validity is for one year only though.
What is your application PD and Category?
dtekkedil
07-10 09:31 AM
maybe we can do web fax ,. so members can fax these information as well, and the media knows they need this .. can this be done?
I think it may be too late to fax now. It is already 10 Am EDT.
Lets us hope our emails got everyone's attention! The next thing is to get people at DC to actually go to the USCIS building.
I think it may be too late to fax now. It is already 10 Am EDT.
Lets us hope our emails got everyone's attention! The next thing is to get people at DC to actually go to the USCIS building.
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