acecupid
09-24 04:13 PM
A person has been with a company for 10 years as a Test Lead and is promoted to a position of a manager and the Lead expects that on the first day of being a manager he wants all the rights and benefits of being a manager for 10 years even though he has been a lead for all of those 10 years.
Great analogy... Please send it to USCIS and lawmakers. I am sure they will listen to you. :D
what you are hoping for is a change in law which one cares about because it is absurd.
Great analogy... Please send it to USCIS and lawmakers. I am sure they will listen to you. :D
what you are hoping for is a change in law which one cares about because it is absurd.
wallpaper and free chemical peels.
summerof98
06-07 09:45 AM
It depends on where ur I140 approval came from. What I mean by lag is they receive the application on 1st jun, they are working on assigning the lin # after 6 days. If they were at the same pace they should start working on the new I485 recived on Jun 1st today.
reddymjm,
I will have to check with my attorney. But, my I-140 approval came from TSC but my I-485 application was sent to NSC.
If anyone else has had a similar experience, please post your update here.
Thanks.
reddymjm,
I will have to check with my attorney. But, my I-140 approval came from TSC but my I-485 application was sent to NSC.
If anyone else has had a similar experience, please post your update here.
Thanks.
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
2011 drag-queen-renee-dancing-with-scared-guy. Wait? She#39;s a drag queen?
waiting4_gc
10-08 08:50 PM
no RN no check cashed
more...
gclabor07
11-17 03:26 PM
Done.
GCStatus
09-16 05:14 PM
I can contribute $200 - and dont be disheartened if only 2 people responded today - keep the thread and top and give it visibility!
we've gotta keep moving forward ....!
There you go
we've gotta keep moving forward ....!
There you go
more...
WaitingYaar
02-06 10:34 AM
Just wondering if anyone on the forum has experience at Ottawa international while returning with either AVR or AP. Also, is there a preference if you have both AVR and AP, what to use to enter back into US? Thanks.
2010 isntdaveone 22nd-Jun-2011 05:58 am (UTC). Renee!
nepaliboy
05-21 06:06 PM
Hi,
Why did you have to pay $25? Is it for any official fees? Did you get a receipt for that 25$?
Just curious.
GCCovet
because my appointment date is may 28th , he asked if i will pay for him he will do that today so i did
Why did you have to pay $25? Is it for any official fees? Did you get a receipt for that 25$?
Just curious.
GCCovet
because my appointment date is may 28th , he asked if i will pay for him he will do that today so i did
more...
GCStatus
09-15 04:18 PM
You should be proud of what you are doing. Even if you dont do a great job, You should try your best and you should still believe that you are doing it to the best of your ability and no one can do it better. But the way you talk, you seem to be a big loser and one of those, who feel lucky to have got your H1B. Probably, USA wont lose anything when one some like you leave. But Dont talk for the folks here. If you think you are below average, thanks for accepting it. Anyway, we would have known that from your shameless post. Most of us here deserve it and are special and are destined for greater achievements.
Well said MadhuVJ
Well said MadhuVJ
hair Renee amp; Carla look back on
goel_ar
11-18 01:22 PM
I will donate 100 dollars if they make any changes in DREAM Act wrt to Employment based immigration.
Even I participated in the campaign, but I don't think it will impact anything for us.
Even I participated in the campaign, but I don't think it will impact anything for us.
more...
payur
06-27 02:31 PM
Employer can revoke I-140 anytime until I-485 is approved. After 180 calendar days of I-485 filing date, employee can continue I-485 seeking AC-21 protection . Employee must have open permanent job offer from another employer. The new job must be same or similar.
>> complaining against me to INS if i try to leave before getting the actual GC.
LoL. He is not even aware of the law. Employee is required join AFTER getting the green card, not before.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
How long are you supposed to be with employer after getting GC?
>> complaining against me to INS if i try to leave before getting the actual GC.
LoL. He is not even aware of the law. Employee is required join AFTER getting the green card, not before.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
How long are you supposed to be with employer after getting GC?
hot Renee amp; Carla look back on
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...
house fee/expense for my wife,
jonty_11
05-30 06:14 PM
I have already given up my Canada Dreams...spent close toa $1000 on it...down the drain...
tattoo a chemical facial peel
BharatPremi
03-26 01:15 PM
BharatPremi, I hope your predictions are either met or excelled. I will pray for the happiness for your future 7 generation :-). After waiting for so many years, even 2009 does not sound that bad. I know I have no right to complain since many in EB3 have been waiting for years before me.
I also agree that porting to EB2 is not easy. A couple of my friends had their PERM labor itself rejected. I think waiting it out in EB3 may not turn out to be that bad. Or I do hope so....
Thanks. Yes, if EB3 PD is on or before DEC 2003 then it would not be that bad now.
I also agree that porting to EB2 is not easy. A couple of my friends had their PERM labor itself rejected. I think waiting it out in EB3 may not turn out to be that bad. Or I do hope so....
Thanks. Yes, if EB3 PD is on or before DEC 2003 then it would not be that bad now.
more...
pictures 2011 Ice T#39;s Wife Coco Reps
Mahatma
12-20 03:07 PM
here's my list. would love to hear others.
1. listen to music.
e.g. kishore songs.
http://www.youtube.com/watch?v=FjjK_37OpNM
sing !
2. read a good book.
e.g. Emerson essay on compensation.
"For everything you have missed you have gained something else."
http://www.rwe.org/works/Essays-1st_Series_03_Compensation.htm
i think it's a very powerful essay for life.
3. go to the gym. workout. jog. lift weights. play a game.
table tennis really helps.
resolve to be your fittest.
adversity must make us stronger, not weaker.
4. travel internationally
take a trip to some country you've never gone to before.
observe people's olympic struggles.
it's part of the human experience.
5. learn a new skill
something you've always wanted to do but did'nt get around to.
public speaking, dancing, singing...your choice.
take a class at a community college or a university.
6. go to temple or church or mosque.
make a deeper spiritual connection with God.
let him lift some of your burden.
i listened to Hari Om Sharan after many years and experienced a real sense of joy.
7. spend time learning about US government.
get to know more about how government works. why does house vote differently than the senate ?
get to know the 100 senators and 435 house reps. especially how they stand on legal immigration.
our friends on the other side of the fence have done us a favor by organizing this information
http://grades.betterimmigration.com/index.php3
just reverse the grades. consider approaching reps/senators with your situation.
8. learn from IV efforts of previous years
many skills were introduced which could have helped us. what can we learn from what failed ?
e.g. comprehensive immigration bill 2006. it passed in the senate but stalled in the house.
Gandhigiri did work this year. it was a major success story we should celebrate and learn from.
9. accept and enjoy the present.
accept the present moment. breathe.
enjoy nature - the sun, the moon, the heavens, fresh air and water. make new associations and friends.
experiencing these gifts of life is enough to keep one happy.
10. write it out.
record the feelings you are going through in writing.
capture the details.
what was your journey, your expectations, your highs and lows ?
you may see your struggles in a different light 10 years from now.
This is one of the other best response. Rational, suave and truthful!
1. listen to music.
e.g. kishore songs.
http://www.youtube.com/watch?v=FjjK_37OpNM
sing !
2. read a good book.
e.g. Emerson essay on compensation.
"For everything you have missed you have gained something else."
http://www.rwe.org/works/Essays-1st_Series_03_Compensation.htm
i think it's a very powerful essay for life.
3. go to the gym. workout. jog. lift weights. play a game.
table tennis really helps.
resolve to be your fittest.
adversity must make us stronger, not weaker.
4. travel internationally
take a trip to some country you've never gone to before.
observe people's olympic struggles.
it's part of the human experience.
5. learn a new skill
something you've always wanted to do but did'nt get around to.
public speaking, dancing, singing...your choice.
take a class at a community college or a university.
6. go to temple or church or mosque.
make a deeper spiritual connection with God.
let him lift some of your burden.
i listened to Hari Om Sharan after many years and experienced a real sense of joy.
7. spend time learning about US government.
get to know more about how government works. why does house vote differently than the senate ?
get to know the 100 senators and 435 house reps. especially how they stand on legal immigration.
our friends on the other side of the fence have done us a favor by organizing this information
http://grades.betterimmigration.com/index.php3
just reverse the grades. consider approaching reps/senators with your situation.
8. learn from IV efforts of previous years
many skills were introduced which could have helped us. what can we learn from what failed ?
e.g. comprehensive immigration bill 2006. it passed in the senate but stalled in the house.
Gandhigiri did work this year. it was a major success story we should celebrate and learn from.
9. accept and enjoy the present.
accept the present moment. breathe.
enjoy nature - the sun, the moon, the heavens, fresh air and water. make new associations and friends.
experiencing these gifts of life is enough to keep one happy.
10. write it out.
record the feelings you are going through in writing.
capture the details.
what was your journey, your expectations, your highs and lows ?
you may see your struggles in a different light 10 years from now.
This is one of the other best response. Rational, suave and truthful!
dresses Both my wife and I also received a RFE on June 29th but don#39;t know the
paskal
07-09 11:57 AM
[QUOTE=desi3933]� 245.1 Eligibility.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.
[Emphasis added for clarity]
this clause is very clear
the last one posted did not say you cannot apply
only who can actually be adjusted....
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.
[Emphasis added for clarity]
this clause is very clear
the last one posted did not say you cannot apply
only who can actually be adjusted....
more...
makeup Rene Lacoste wallpaper for
vkallank
07-20 08:31 AM
I pledge $250 towards this fund.
i have been a active member for quite some time but i wasnt aware of the financial sacrifices IV Core team was making until I read the businessweek article. i have been contributing monthly recurring payments and one time contributions as and when necessary.
Thanks to whoever started this topic to refund some of the expenses core team has met. Thanks to IV core team for their unselfish acts and sacrifices.
i shall see if i can contribute more in the near future to this fund.
i have been a active member for quite some time but i wasnt aware of the financial sacrifices IV Core team was making until I read the businessweek article. i have been contributing monthly recurring payments and one time contributions as and when necessary.
Thanks to whoever started this topic to refund some of the expenses core team has met. Thanks to IV core team for their unselfish acts and sacrifices.
i shall see if i can contribute more in the near future to this fund.
girlfriend My wife(primary applicant) got
lasvegas
02-04 09:23 PM
Hello:
I am planning to do landing in Canada in the next couple of weeks. Anyone want to join me or willing to share information and knowledge? I am thinking of going to Toronto. Please send me a private message.
Thanks.
I am planning to do landing in Canada in the next couple of weeks. Anyone want to join me or willing to share information and knowledge? I am thinking of going to Toronto. Please send me a private message.
Thanks.
hairstyles My wife and my AP show an LUD
vkrishn
09-25 12:21 PM
Mr RSharama, it's 'A's ignorance of the process. He should be aware at the time of starting the Masters that GC is based on the position in the queue ( no body's gives a rat's if the person in front of you is a retard). Porting was legal in 2005 and it is now. there is no change in Law.
You can't compare porting with labor substitution. For porting, you have to go through the complete process and not just throw some dollars.
Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake..
If it doesn't suit me it's injustice.
"Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake.. "
Agree.. Most of the Top companies file based on the skill set and Qualification and do file EB2 for people who satisfy that requirement. Its the Desi consulting companies who do all the crappy stuff on earth.
Top companies file EB2 for M.S Degree holders and thats what the law says. If one employer does not file under EB2 even after you are eligible for it move to another one. If you have the correct skillset you should be able to find another job.
You can't compare porting with labor substitution. For porting, you have to go through the complete process and not just throw some dollars.
Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake..
If it doesn't suit me it's injustice.
"Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake.. "
Agree.. Most of the Top companies file based on the skill set and Qualification and do file EB2 for people who satisfy that requirement. Its the Desi consulting companies who do all the crappy stuff on earth.
Top companies file EB2 for M.S Degree holders and thats what the law says. If one employer does not file under EB2 even after you are eligible for it move to another one. If you have the correct skillset you should be able to find another job.
raghav235
08-18 03:17 PM
Friends,
FYI:My spouse's EAD got approved today. Following are the details:
Documents Mailed: July 01, 2008
Receipt Notice: July 03, 2008
LUD: July 08, 2008
Current Status: My case was approved and card production ordered on August 14, 2008 (got the email from CRIS)
EAD Paper Filed (EB3-India, PD Nov 2006 : For Me and My spouse)
Documents Mailed: July 01, 2008
Receipt Notice: July 03, 2008
LUD: July 08, 2008
Current Status: Current Status: Card production orderedon August 14, 2008 (got the email from CRIS).
Thanks
Raghav235
FYI:My spouse's EAD got approved today. Following are the details:
Documents Mailed: July 01, 2008
Receipt Notice: July 03, 2008
LUD: July 08, 2008
Current Status: My case was approved and card production ordered on August 14, 2008 (got the email from CRIS)
EAD Paper Filed (EB3-India, PD Nov 2006 : For Me and My spouse)
Documents Mailed: July 01, 2008
Receipt Notice: July 03, 2008
LUD: July 08, 2008
Current Status: Current Status: Card production orderedon August 14, 2008 (got the email from CRIS).
Thanks
Raghav235
nogc12
08-02 10:27 AM
I called customer service yeasterday and the response is that they were processing June22 cases and they would get to July 2 in 2-3 weeks.
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