sam2006
07-19 09:47 PM
good goin guys
lets shoot for 10-20 pledges tomorow
Comon show that we care for the Core team
lets shoot for 10-20 pledges tomorow
Comon show that we care for the Core team
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whyregisteration
08-28 11:38 PM
NSC has finished 7/24/2007 i-485 employment based:
http://www.uscis.gov/files/pressrelease/ReceiptingTimes082407.pdf
my 485/ead/ap package in 07/03 arrived NSC.
no receipt and not cashed:mad::mad:!
(140 was approved at TSC last year).
http://www.uscis.gov/files/pressrelease/ReceiptingTimes082407.pdf
my 485/ead/ap package in 07/03 arrived NSC.
no receipt and not cashed:mad::mad:!
(140 was approved at TSC last year).
Ram_C
11-06 02:09 PM
Yes, case was originally filed at NSC on July 2nd and on august 24th it got transferred to TSC.
Does the transfer matter here, because dingudi's case is not a transfer case and he's still waiting...
not sure how far its true but came across some posts on http://www.immigration.com
stating that transfer cases from NSC-TSC are facing some delays in FP (even after SR) compared to NSC-CSC-NSC cases. heard couple of success stories with SR from NSC-CSC-NSC cases.
I'm also in the same boat, haven't opened SR yet.
good luck :)
Does the transfer matter here, because dingudi's case is not a transfer case and he's still waiting...
not sure how far its true but came across some posts on http://www.immigration.com
stating that transfer cases from NSC-TSC are facing some delays in FP (even after SR) compared to NSC-CSC-NSC cases. heard couple of success stories with SR from NSC-CSC-NSC cases.
I'm also in the same boat, haven't opened SR yet.
good luck :)
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jindhal
09-23 04:29 PM
Dude... Whatz up?
If someone ports from EB3 to EB2, then they deserve to be in the front of the queue. Nothing wrong in the process..
If someone ports from eb3 to eb2 they should get the priority date of the day they were eligible to file an eb2 and not be able to carry the date from eb3.
Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..
If someone ports from EB3 to EB2, then they deserve to be in the front of the queue. Nothing wrong in the process..
If someone ports from eb3 to eb2 they should get the priority date of the day they were eligible to file an eb2 and not be able to carry the date from eb3.
Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..
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metroparknj
02-15 03:40 PM
Contributed $100.
Receipt number for this payment is: 1383-9688-0638-3124
Receipt number for this payment is: 1383-9688-0638-3124
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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akilaakka
07-24 09:45 AM
EAD applied on June 04, 2008
EAD production ordered June 27, 2008
EAD received July 03, 2008
EAD production ordered June 27, 2008
EAD received July 03, 2008
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sunny1000
12-15 11:52 PM
:D
Well, my old carcass is getting too aged to handle that anymore. So now I ease off the sauce and go to the gym.
But I do also try to notice and enjoy the silliness of the every day human condition. (Still to this day, I'm not sure why I mow my lawn, for instance.) A sense of humour is very important. Recognition that there are others less fortunate. And stay connected with friends socially.
And also recognize that fact that a green card won't make me magically happier beyond the immediate jubilation. Yes it is good to regain the rights we lost coming to the US. To speeches I'll still smile, nod, even clap and think "what a bunch of nonsense!" for privacy is the true freedom that you still have. But I'll still work for a living. I'll still put on a dress shirt to impress clients I'll never see. I'll still try to spend more time creating than managing. Not simply because my h1b legally requires me to do so, but because managing is intellectually trivial. Or one could say that managing is the work of man, creation is the work of the gods. ; )
Chin up!
-b
Good post!
Well, my old carcass is getting too aged to handle that anymore. So now I ease off the sauce and go to the gym.
But I do also try to notice and enjoy the silliness of the every day human condition. (Still to this day, I'm not sure why I mow my lawn, for instance.) A sense of humour is very important. Recognition that there are others less fortunate. And stay connected with friends socially.
And also recognize that fact that a green card won't make me magically happier beyond the immediate jubilation. Yes it is good to regain the rights we lost coming to the US. To speeches I'll still smile, nod, even clap and think "what a bunch of nonsense!" for privacy is the true freedom that you still have. But I'll still work for a living. I'll still put on a dress shirt to impress clients I'll never see. I'll still try to spend more time creating than managing. Not simply because my h1b legally requires me to do so, but because managing is intellectually trivial. Or one could say that managing is the work of man, creation is the work of the gods. ; )
Chin up!
-b
Good post!
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pitha
07-05 01:53 PM
If this guy from USCIS (Emilio T. Gonzalez) is an anti immigrant then he might think this is an appreciation from anti immigrants. dont you want to convey to him that these flowers are actually from people who got screwed by him and uscis
Hi,
I request every one who effected with the Revised JULY visa bulletin to send the flowers.
I am sure we get some media and political atten....
Select Occasion: "Sympathy"
The message: All the best for future Employment Based visa estimates
Delivery location type is Business, US Citizenship and Immigration Service
Address:
Emilio T. Gonzalez
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Thanks,
Chandra.
Hi,
I request every one who effected with the Revised JULY visa bulletin to send the flowers.
I am sure we get some media and political atten....
Select Occasion: "Sympathy"
The message: All the best for future Employment Based visa estimates
Delivery location type is Business, US Citizenship and Immigration Service
Address:
Emilio T. Gonzalez
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Thanks,
Chandra.
hair %IMG_DESC_4%
snthampi
02-02 07:21 PM
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
Good luck to you! I am also thinking on going back in couple of years, not because of the GC backlog, but to live rest of my life with my extended family.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
Good luck to you! I am also thinking on going back in couple of years, not because of the GC backlog, but to live rest of my life with my extended family.
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paraphrase
10-08 11:05 PM
I do not understand why people spend their energy in coming up with some lame ideas. Just because you suffer does not mean that your fellows have to suffer, what is the point of being a sane individual with that kind of thought process.
There are people who come here on all kinds of visas F1, H1, L1 and like this country and stay back and need a green card for convenience. Students who came here want priority over people who came on H1B. It makes sense from their point of view.
Similarly people on H1B who got stuck in several stages and had to change the company have their own point of view.
How bout having a lame rule saying that GC for people with I.Q of 140 and above?
(or)
How bout having a lame rule like if you have a family you will be penalized by putting you at the end of the line for GC?
The list can go endless..
Worry less about who is cutting the line and getting ahead and please concentrate and put your energy and come up with good ideas and showing what we are really capable of..
There are people who come here on all kinds of visas F1, H1, L1 and like this country and stay back and need a green card for convenience. Students who came here want priority over people who came on H1B. It makes sense from their point of view.
Similarly people on H1B who got stuck in several stages and had to change the company have their own point of view.
How bout having a lame rule saying that GC for people with I.Q of 140 and above?
(or)
How bout having a lame rule like if you have a family you will be penalized by putting you at the end of the line for GC?
The list can go endless..
Worry less about who is cutting the line and getting ahead and please concentrate and put your energy and come up with good ideas and showing what we are really capable of..
hot %IMG_DESC_5%
desi3933
05-19 03:49 PM
7% quota based on national origin is based on law but it is clearly a biased and outdated law. It is beyond my comprehension why should we scared of initiating a litigation against the US government when it is clearly involved in blatant discrimination. The HSMP rules were challenged successfully by Indian high skilled workers in UK, why can't we do the same over here? I pledge to donate USD 200 for a lawsuit if such an action is initiated.
>> It is beyond my comprehension why should we scared of initiating a litigation against the US government when it is clearly involved in blatant discrimination.
What is stopping you to file such a lawsuit? Everybody expects someone else is going to solve their problems.
>> It is beyond my comprehension why should we scared of initiating a litigation against the US government when it is clearly involved in blatant discrimination.
What is stopping you to file such a lawsuit? Everybody expects someone else is going to solve their problems.
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amitjoey
11-17 04:14 PM
If Dream act becomes law, I will throw my visa documents and register my self as undocumented alien with undocumented birth certificate and get degree from a community college and get the visa.:D
You wont be able to do that if you entered the US at an age more than 16yrs old
DREAM Act beneficiaries must:
Have proof of having arrived in the United States before age 16.
Have proof of residence in the United States for a least five consecutive years since their date of arrival, compliance with Selective Service.
Be between the ages of 12 and 35 at the time of bill enactment.
Have graduated from an American high school or obtained a GED.
Be of "good moral character"[12]
That is why we need to participate in this action alert and have them consider our ammendments.
You wont be able to do that if you entered the US at an age more than 16yrs old
DREAM Act beneficiaries must:
Have proof of having arrived in the United States before age 16.
Have proof of residence in the United States for a least five consecutive years since their date of arrival, compliance with Selective Service.
Be between the ages of 12 and 35 at the time of bill enactment.
Have graduated from an American high school or obtained a GED.
Be of "good moral character"[12]
That is why we need to participate in this action alert and have them consider our ammendments.
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bindas74
06-17 10:52 AM
Also, received Finger Printing (Biometrics) Notice today in the mail. Appointment is in three weeks.
Hi Gurus,
I was looking at the processing times for the NSC 485 applications and it shows March , 2007.
Does it mean that all June 1st filers will be getting their 485 approvals by September ( barring any RFE and name check delays)???
Or is it Wishful Thinking???
Hi Gurus,
I was looking at the processing times for the NSC 485 applications and it shows March , 2007.
Does it mean that all June 1st filers will be getting their 485 approvals by September ( barring any RFE and name check delays)???
Or is it Wishful Thinking???
more...
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sankap
07-09 11:58 PM
@desi3933:
1. From tax standpoint, W2 means the company (which could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. In fact, many staffing companies give you the option of working on a project or 1099 or W2. (Of course, the advantage of working on W2 is you can "transfer" your H-1B, if the company is willing to do that. But the advantage of working on 1099 or LLC is that you can deduct your business expenses, as a "Self-employed" or a Corporation.) Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."
2. True, your I-140 petition is for a "permanent" (definition needed) and FT job, since the sponsoring company has (supposedly) an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.
3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.
4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen many "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Likewise, a "permanent" job may last a few months (e.g., because of a recession).
5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.
6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?
7. On the link you cite, OFLC Frequently Asked Questions and Answers, the process for filing PERM is explained. The employer needs to fill out the Application for Permanent Employment Certification form. The PERM representation requirement does indeed say that "The job opportunity is for full-time, permanent employment for an employer other than the alien." First, how to judge a job as "permanent?" Second, just because the PERM has the requirement for a FT, "permanent" job, it doesn't imply that the "permanent" requirement would apply to the AC21 law.
I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".
7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?
Sankap -
Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.
1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.
2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.
3. I-140 is for permanent and full time job only. See Page 5 of
http://www.uscis.gov/files/form/i-140instr.pdf
4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)
5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.
6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.
7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.
8. Most of the full time exempt jobs in this country are permanent in nature.
___________________
Not a legal advice.
1. From tax standpoint, W2 means the company (which could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. In fact, many staffing companies give you the option of working on a project or 1099 or W2. (Of course, the advantage of working on W2 is you can "transfer" your H-1B, if the company is willing to do that. But the advantage of working on 1099 or LLC is that you can deduct your business expenses, as a "Self-employed" or a Corporation.) Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."
2. True, your I-140 petition is for a "permanent" (definition needed) and FT job, since the sponsoring company has (supposedly) an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.
3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.
4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen many "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Likewise, a "permanent" job may last a few months (e.g., because of a recession).
5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.
6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?
7. On the link you cite, OFLC Frequently Asked Questions and Answers, the process for filing PERM is explained. The employer needs to fill out the Application for Permanent Employment Certification form. The PERM representation requirement does indeed say that "The job opportunity is for full-time, permanent employment for an employer other than the alien." First, how to judge a job as "permanent?" Second, just because the PERM has the requirement for a FT, "permanent" job, it doesn't imply that the "permanent" requirement would apply to the AC21 law.
I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".
7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?
Sankap -
Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.
1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.
2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.
3. I-140 is for permanent and full time job only. See Page 5 of
http://www.uscis.gov/files/form/i-140instr.pdf
4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)
5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.
6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.
7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.
8. Most of the full time exempt jobs in this country are permanent in nature.
___________________
Not a legal advice.
dresses %IMG_DESC_12%
bhavinkanani
08-25 11:10 PM
labor dec 2003 eb 3 i-140 filed on feb 2007 from nebraska, i-485 mailed on june 29th reached on july 3rd to texas at 9;04 am signed by V ANGEL no receipts, no checks cashed
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gc28262
06-28 09:33 AM
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
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.
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
desi3933,
Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
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
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.
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
desi3933,
Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
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amitjoey
05-25 04:30 PM
Thanks to all of those new people who are writing and calling senators. Please keep up the good work. Please also help people around you (H1-B, F1, L1) understand what is happening in the senate.
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FinalGC
09-01 10:58 AM
How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.
Pooja.......The way you are going, very soon, you will start saying Northeast guys vs MidWest vs Mountain Time people vs...Pacific Time people.......If you continue with this attitude, all you do is DIVIDE, rather than UNITE.....Maybe you need to understand that such comments are considered racists
Pooja.......The way you are going, very soon, you will start saying Northeast guys vs MidWest vs Mountain Time people vs...Pacific Time people.......If you continue with this attitude, all you do is DIVIDE, rather than UNITE.....Maybe you need to understand that such comments are considered racists
chmur
07-26 11:59 PM
There is not much use for just fighting EB3-I. You can send a letter or lobbey and they will hear it. Thats all. There are so much discrepancies in immigration policy of USA(The impact is for just for potential immigrants not for the country) I do not think they will spend time to resolve each and every small discrepancy. There are more more severe issues in the country than resolving EB3-I. Of course that is a big issue for those who are impacted.
But the problem will be automatically resolved if STEM/and or Recapture bill is passed. That is a big picture and that will get more attention than just lobbying for EB3-I.
"There are more more severe issues in the country than resolving EB3-I"
True ... and so I guess there no issues more important in the country than to recapture visas for legal immigrants.
With your approach IV should just keep quiet and hope for the best.
Agreed Recapture will solve most of the problems but at the same time it has turned out to be the most difficult one to achieve since it requires a legislation change.
All the immigrant community should support IV in it's effort to recapture .
But I cannot understand your ilk who are adamant that the entire community should only focus on recapture and doing anything else is blasphemous and attach negative conotations like "infighting", "Splitiing" ....it's absurd.
Such utterances can poetentially hurt the recapture issue by alienating significant community size .
Why was this mantra,"Only Recapture nothing else", not preached
1. When IV sucessfully reversed USCIS decisions last July
2. Two year EAD's.
Recapture would have solved the above problems automatically to
But the problem will be automatically resolved if STEM/and or Recapture bill is passed. That is a big picture and that will get more attention than just lobbying for EB3-I.
"There are more more severe issues in the country than resolving EB3-I"
True ... and so I guess there no issues more important in the country than to recapture visas for legal immigrants.
With your approach IV should just keep quiet and hope for the best.
Agreed Recapture will solve most of the problems but at the same time it has turned out to be the most difficult one to achieve since it requires a legislation change.
All the immigrant community should support IV in it's effort to recapture .
But I cannot understand your ilk who are adamant that the entire community should only focus on recapture and doing anything else is blasphemous and attach negative conotations like "infighting", "Splitiing" ....it's absurd.
Such utterances can poetentially hurt the recapture issue by alienating significant community size .
Why was this mantra,"Only Recapture nothing else", not preached
1. When IV sucessfully reversed USCIS decisions last July
2. Two year EAD's.
Recapture would have solved the above problems automatically to
rustum
08-29 12:01 PM
Hi,
My 140 is filed at NSC. RD is on 05/25/2007. 485 is reached NSC on July 27. Filed from Texas. What are the chances of getting transferred to TSC. Need EAD for wife as soon as possible.
My 140 is filed at NSC. RD is on 05/25/2007. 485 is reached NSC on July 27. Filed from Texas. What are the chances of getting transferred to TSC. Need EAD for wife as soon as possible.
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