Monday, July 4, 2011

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  • 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




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  • abhijitp
    11-21 02:49 PM
    Reply to a very insensitive post

    And what should the person/family do right now?

    Return to their country like nothing happened? What about the primary applicant's present job?

    Just live here in the USA, as if nothing happened? What happens to the family if they go out of status all of a sudden?

    There is no need to make the GC your only goal in life, but please don't be insensitive... there is much more to the issue than meets the eye!




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  • andy garcia
    10-05 10:48 AM
    Did anyone see Byron Dorgan's (Democratic Senator from North Dakota)interview on Stephen Colbert last night? This guy just wrote an anit-outsourcing book (http://www.amazon.com/Take-This-Job-Ship-Brain-Dead/dp/031235522X --no I am not plugging his book!) and he is full of 'they stole our jobs' rhetoric. This is typical outsourcing/globalization-bashing democratic mentality and it's disturbing to seeit still persists 2 years after Presedential elections.

    Am I the only one who thinks that if Democratics takes over the House, we are screwed?

    If the Democrats :cool: win, we will be screwed because the illegals will get all the visas.

    If the Republicans :cool: :eek: win, we will also be screwed because nobody will get visas.




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  • ram_nara303
    11-17 03:44 PM
    Done for VA

    Senator Mark R. Warner (D-VA)
    Senator Jim Webb (D-VA)
    Representative Frank R. Wolf (R-VA 10th)



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  • nemadeni
    03-25 03:19 PM
    Wait for Oct 2008 for any possible movement.

    My PD is 1 March,2004 and my realistic estimate for getting my GC is end of 2009.




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  • mhtanim
    05-20 02:23 PM
    Hi,
    I filed mine on 27th July, 2007;
    Do I need to apply for renewal now? How sooner or later we can apply for renewal?

    You can file for renewal beginning 120 days before your EAD/AP expires.



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  • fetch_gc
    10-17 10:04 PM
    fetch_gc,
    My packet delivered on July 16 signed by R Pitcher 9a.m. at NSC.
    I am hoping yours and Vivek.. package was also in the same bundle.

    Just curious, what is a front log ??

    Hi GCSPACE,

    Just wanted to let u know that when I called NSC IO today, she was kind enough to give my 485 Recpt # and asked me to wait a couple of weeks to get them in mail. She told me they(both my wife and mine) were just entered into the system.

    Also I asked her abt my wife's pkg, she said it also got cashed, but my wife has to call to get her Recpt#.

    frontlog refers to the folks who have filed between July2nd -July 16th.

    Thx...




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  • andycool
    08-20 01:23 PM
    Ha ha Congrats....

    Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(

    Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")

    Me....

    SR ...on Aug 02 ...Response ..> Under review ...wait 60 days
    Info pas...on Aug 06...> with officer wait 30 days..



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  • Pankaj
    06-22 10:46 AM
    My labour and I-140 is approved last year and I am working with current employer from last 1 and half years. Employer is making good money trough me.

    As now the dates are current, my employer is trying to exploit me.
    He is not responding to my mails, and not picking my phone.

    Last modified message which I got from him is that:

    The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.

    you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."

    I am very much in tension and he is talking to me.

    Can someone suggest what may be the option for me?




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  • eb3_nepa
    08-18 01:30 PM
    Everybody has been waiting for his/her green card and congratulations to all those who has got their GC. On the other hand it is really unfair and to some extent unethical on the part of USICS not follow a fair system.
    There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
    Several of us have writtent to Ombudsman, Director but of no avail.
    Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.

    Sunny Surya,

    With all due respect let me make a couple of observations here.

    1) First you file a lawsuit that prevents fellow Eb3's from porting to Eb2 at a later date, even though those individuals may have advanced in their careers and would be eligible for better jobs.

    2) Now that you have successfully broken a united community into two factions, you want the IV core to now further take up the "Eb2 cause" against the USCIS, because YOU cannot file a lawsuit against the USCIS (the 500 pound gorilla) an organization that doesnt give a c**p about the immigrants and even its own internal processing "rule"?

    3) Let me ask you, WHY should the IV core help ONLY the Eb2 at this point. You and some other Eb2 members were and are flexing your muscles against the Eb3 members who have been suffering in the EXACT same manner. What exactly have YOU contributed towards uniting the Legal employment based community and what have YOU done to help the Core team so far, that you now ask the core team to specifically take the Eb2 non-sequential processing up with the law-makers?

    If you see a problem with the non-sequential processing, why dont YOU write to your own senators/congressmen and ask them to follow up on your individual case?

    One more thing, if you are planning on replying back saying that "This is my last post on IV" so be it. IV does not need members who think of just themselves. And yes if you are planning on giving me red/gray/green dots please feel free to do so.

    Thanks!



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  • Prashant
    07-07 11:24 PM
    ONLY TEAM EFFORT CAN BRING US JUSTICE..

    Majority of us would just like to make a point but do nothing about it.

    If dtekkedil wouldnt have pushed the way he had .. gandhigiri would have been buried by now.
    Krishnam70 thanx for letting the ball roll...

    IV core, I can't thank you much for all the selfless effort u guys put in.

    Thank you




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  • ragz4u
    04-30 10:34 AM
    We have received reports that Sen. Cornyn will be introducing a bill called the SKIL (Securing Knowledge Innovation and Leadership) bill on May 1st 2006. As can be guessed from the title, this bill has lots of pro-legal immigration clauses. We will make the details that we have received public once we get the permission to do so.

    Though Immigration Voice is currently focussing on the Comprehensive Immigration Bill as that is hot right now, we are also closely following the PACE and SKIL bills to try and ensure that high-skilled legal immigrants can make the best of it.



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  • JazzByTheBay
    09-15 12:18 AM
    >>here are people working day and night for IVs cause - with a lot of >>dedication - there are free riders and majority of people are sitting on >>fence - want to do something but not quite sure what/how /why and are lost opening these threads and discussing.

    ...it does speak volumes about us when you acknowledge that:
    - there are people sitting on the fence
    - want to do something
    - not quite sure what/how/why
    - are lost opening threads and discussing

    As the first anniversary of the D.C. rally approaches, let's reflect on this.

    jazz



    Opening threads and then burying them deep like any other thread does not help us.

    Thousands of threads were opened like this and everyday we see new threads.

    I strongly recommend
    (1) Update your profile with true information
    (2) Pledge with honesty
    (3) Join a state chapter and make yourself visible and available to IV.

    We can go from there

    There is no other way to organize 70k or more people where everyone just open threads, discuss and then open new threads and discuss and ..... it goers on

    I say this from experience - there are people working day and night for IVs cause - with a lot of dedication - there are free riders and majority of people are sitting on fence - want to do something but not quite sure what/how /why and are lost opening these threads and discussing.

    Channelizing your frustration, your energies into positive energies will help us achieve our goals. So please decide if you want to move forward and do something about it - State chapters is the best route for contributing towards IV stuff




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  • jsb
    11-26 02:27 PM
    Hello

    I dont have access to the certified labor copy , I am just wondering if we need it for AC21 purposes. I am not sure how to get it from my desi employer/ desi lawyer. I have a job offer with a fortune 200 company which is willing to do H1b transfer/extension so I am opting for H1b instead of EAD. I am pretty sure about the job description will satisfy the same/similar test.
    Is the job title and job description mentioned on the labor cert? Mine is a pre perm case. Is it good to have copy of labor cert for AC21?

    I-485 filing package should include a Letter of Reconfirmation of job-offer from your sponsor. This letter should describe what was in the LC. If you get a copy of this letter, you know what you need from your new employer. I-485 is your filing, therefore, you should not have difficulty in getting a copy of full set of what was filed.



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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.




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  • anzarafaq
    03-11 08:54 PM
    The annonymous member who posted this message has not even logged back in to this website after posting the message and we are discussing this topic for days. If you start a new thread, dont just start it and run away. Try to see and respond to the discussion. If you post a question and your question is answered, it is always good to thank members that answered your question. All this helps build the community.

    Well, I am not annonymous and not ran away :). I read all the posts here and having a sense of "belonging". And the word "helpless" comes to mind.

    Thank you ALL for responding to my post.

    I also sent an email to my congress-women and lets see if go through.

    Thanks again to all of you out there.



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  • venkybr
    09-19 02:50 PM
    Hi...
    All mine and my spouse's applications were transfered to Vermont. my I-140 was approved from TSC. My checks were cashed on July17th and that is how I know that it is pending at VSC.
    Yesterday I got an email that Card production ordered for EAD. All applications applied on July 6th. I am not sure on what basis they transfered. But it looks like Vermont has started approving the EAD cards. Hopefully, I will get it soon too in the mail.

    Did you mean your checks were cashed on Sept17th instead of July17th ?




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  • morchu
    05-04 10:49 PM
    Well since INA doesnt specifically state anything regarding this, the regulation CFR takes over.
    22CFR 42.32 is not INA.
    22CFR 42.32 is not the law.
    INA is the law.




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  • amitjoey
    07-10 04:44 PM
    I have arranged to send the flowers so they reach USCIS on 10 July.
    Incidentally, there was a townhall meeting with Senator Bob Casey in Pittsburgh. Thankfully i got to speak with him and personally put forth our story of endless waits for a greencard. Am not sure if it will genrate any tangible action from his end, but it certainly drew attention of the public present there, his staff and mostly importantly the Senator's mindshare.

    Let's keep this effort on..

    Thanks for your effort.




    kg318
    04-19 10:01 PM
    I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
    I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
    I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
    Plz give me ur valuable inputs




    snathan
    02-11 10:11 PM
    Sent $20 check today.

    Folks, please consider contributing to the campaign.

    Thanks a lot and its $1621

    Come on guys



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