pitha
05-23 09:06 AM
I sent the email to senators but was disappointed not to see any SKIL provisions like MS, PHD exemptions.
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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
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
bitu72
05-27 08:00 PM
not sure how many people did it but its very important that we do this
2011 Rachel Weisz Biography
greencard_fever
08-12 02:27 PM
I think we got our green cards.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On August 12, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service.
Only catch for us is that we are moving next weekend!! I am going to do change of address with USCIS immediately, but in the meanwhile what if they mail documents to my old address? Any suggestions?
Also whats ADIT.
BTW our case was at NSC and priority date is May 2004. Application mailed Aug7th 2007.
vdixit
Congrats!! can you also post this approval in another thread which is for NSC-approvals..BTW were there are any LUD's on your 485 before approval
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On August 12, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service.
Only catch for us is that we are moving next weekend!! I am going to do change of address with USCIS immediately, but in the meanwhile what if they mail documents to my old address? Any suggestions?
Also whats ADIT.
BTW our case was at NSC and priority date is May 2004. Application mailed Aug7th 2007.
vdixit
Congrats!! can you also post this approval in another thread which is for NSC-approvals..BTW were there are any LUD's on your 485 before approval
more...
vbkris77
05-01 01:51 PM
Well, you assume family members can get AP and EAD after submitting I-485. Not true for many people. Take myself as an example, I was not lucky enough to file my I485 in 2007. So with a PD of early 2007, I have none of the benefit from AOS a(B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d) ) of--
(i) a petition for classification under section 204 that was filed with the Attorney General on or before 2a/ April 30, 2001; or
(ii) an application for a labor certification under section 212(a)(5)(A) that was filed pursuant to the regulations of the Secretary of Labor on or before such date; and 2a/
t all.
Although for me it's not a big deal because my wife will soon get her PhD and will file for her own immigration petition. This actually works better for us, because it will make the line much shorter and both of us will get the green card much quicker.
However, for those who do not work and solely depend on their spouses to get green card. This change can spell disaster for them during the long wait caused by retrogression without the ability to file AOS.
I am in the same boat, per INA, when your PD is current, you including your family will be able to file I485. What OP saying is that they should be counted against FB2. INA explicitly has that point.. With is we should be able to file I485 quick and primary gets GC quickly.
(B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d) ) of--
(i) a petition for classification under section 204 that was filed with the Attorney General on or before 2a/ April 30, 2001; or
(ii) an application for a labor certification under section 212(a)(5)(A) that was filed pursuant to the regulations of the Secretary of Labor on or before such date; and 2a/
(i) a petition for classification under section 204 that was filed with the Attorney General on or before 2a/ April 30, 2001; or
(ii) an application for a labor certification under section 212(a)(5)(A) that was filed pursuant to the regulations of the Secretary of Labor on or before such date; and 2a/
t all.
Although for me it's not a big deal because my wife will soon get her PhD and will file for her own immigration petition. This actually works better for us, because it will make the line much shorter and both of us will get the green card much quicker.
However, for those who do not work and solely depend on their spouses to get green card. This change can spell disaster for them during the long wait caused by retrogression without the ability to file AOS.
I am in the same boat, per INA, when your PD is current, you including your family will be able to file I485. What OP saying is that they should be counted against FB2. INA explicitly has that point.. With is we should be able to file I485 quick and primary gets GC quickly.
(B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d) ) of--
(i) a petition for classification under section 204 that was filed with the Attorney General on or before 2a/ April 30, 2001; or
(ii) an application for a labor certification under section 212(a)(5)(A) that was filed pursuant to the regulations of the Secretary of Labor on or before such date; and 2a/
abhisam
07-15 01:05 AM
I applied for my EAD and AP renewal on the second week of May 2008. Again, I am not sure if EAD or AP renewal triggered the FP notice. Good luck to you.
thank you mhtanim. i would appreciate it if you could let me know when you recieve your ead..would like to track how long it takes. i am worried that i would not recieve by renewal before my current ead expires.
thank you mhtanim. i would appreciate it if you could let me know when you recieve your ead..would like to track how long it takes. i am worried that i would not recieve by renewal before my current ead expires.
more...
lg72
07-20 04:24 PM
IV core, you guys did an excellent job in coordinating the flower campaign and the San Jose Rally. Hundreds of thousands of people are enjoying the benefit of that right now.Thank you so much for all your tiredless efforts.
I pledge $100 for Aman.
Will contribute more to IV in the coming months...
I pledge $100 for Aman.
Will contribute more to IV in the coming months...
2010 rachel weisz mummy 2. The
my2cents
09-19 05:56 PM
Any solid prediction on EB-3 I
I think EB-3 I are hopless. Looks like everybody excited in EB-2 Jump and we are left to suffer ..:(
I think EB-3 I are hopless. Looks like everybody excited in EB-2 Jump and we are left to suffer ..:(
more...
clear485
08-18 01:19 PM
You are talking about 2004, 05. What about 2001, 2002 and 2003? There are so many people with 2002 priority dates still waiting just like me. Mine is 02/2002
What a unfair/unethical/inhuman system. I curse everyone who is causing this delay. They will all land up in hell.
I agree....mine is too 2002 PD/EB2
Simple reason USCIS will tell you/senator/judge/anyone who really seek the resolution of our loooooong delayed cases is.....case is in security/background/additional review checks.....so everyone will shut their mouth and forward this message to the concerned person.....
No use....USCIS is a big elephant and acting in sleep....
What a unfair/unethical/inhuman system. I curse everyone who is causing this delay. They will all land up in hell.
I agree....mine is too 2002 PD/EB2
Simple reason USCIS will tell you/senator/judge/anyone who really seek the resolution of our loooooong delayed cases is.....case is in security/background/additional review checks.....so everyone will shut their mouth and forward this message to the concerned person.....
No use....USCIS is a big elephant and acting in sleep....
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jasmin45
07-11 08:26 PM
Excellent Dude! .. that is what we need to do... youtube/google all the videos related to this campaign.... Few areas of improvements to be noted synchronization between visuals and the vocals... and it also ended abruptly..
If possible, please try to get this straight and youtube it again...
If possible, please try to get this straight and youtube it again...
more...
dba9ioracle
09-19 01:35 PM
As I discussed earlier in this thread, Mine are the same dates as yours and two minutes ago I got the email of Card Production Ordered. It's been more than a month I got the Approval Notice. It seems atlast they uploaded my and my wife's Biometrics from CSC.
I think my call to IO paid off. After trying couple of times I got in touch with a decent IO for 3rd time. She said that Biometrics are missing and she will upload them from CSC. Three days after the call I got this message.
8/12/08 - Approval Notice sent email
8/18/08 - Approval Notice sent mail (post)
Congratulations..
I think my call to IO paid off. After trying couple of times I got in touch with a decent IO for 3rd time. She said that Biometrics are missing and she will upload them from CSC. Three days after the call I got this message.
8/12/08 - Approval Notice sent email
8/18/08 - Approval Notice sent mail (post)
Congratulations..
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pd_recapturing
08-18 01:12 PM
why cant we just file a lawsuit ??? What's stopping us from doing that ?
Where is IV core these days ? There has not been any news from them for so long.
Where is IV core these days ? There has not been any news from them for so long.
more...
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sam2006
07-20 03:22 PM
Was asking in general..
If you have used papal you can track all the funds filtering IV.
i
If you have used papal you can track all the funds filtering IV.
i
tattoo Rachel Weisz in quot;The Mummy
desi3933
07-12 06:43 PM
.....
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
USCIS memoranda articulate internal guidelines for agency personnel; they do not establish judicially enforceable standards.
http://www.uscis.gov/err/D7%20-%20Intracompany%20Transferees%20(L-1A%20and%20L-1B)/Decisions_Issued_in_2008/Nov032008_17D7101.pdf (http://www.uscis.gov/err/D7%20-%20Intracompany%20Transferees%20%28L-1A%20and%20L-1B%29/Decisions_Issued_in_2008/Nov032008_17D7101.pdf)
CIS memoranda articulate internal guidelines for agency personnel; they do not establish judicially enforceable standards. Agency interpretations that are not arrived at through precedent decision or notice and comment rule making such as those in opinion letters, policy statements, agency manuals, and lack the force of law
.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
USCIS memoranda articulate internal guidelines for agency personnel; they do not establish judicially enforceable standards.
http://www.uscis.gov/err/D7%20-%20Intracompany%20Transferees%20(L-1A%20and%20L-1B)/Decisions_Issued_in_2008/Nov032008_17D7101.pdf (http://www.uscis.gov/err/D7%20-%20Intracompany%20Transferees%20%28L-1A%20and%20L-1B%29/Decisions_Issued_in_2008/Nov032008_17D7101.pdf)
CIS memoranda articulate internal guidelines for agency personnel; they do not establish judicially enforceable standards. Agency interpretations that are not arrived at through precedent decision or notice and comment rule making such as those in opinion letters, policy statements, agency manuals, and lack the force of law
.
more...
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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
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drak70
11-21 11:26 AM
Dear Mehul
Best Wishes for your and your family
My suggestion would be that probably doctors have discovered metastatic cancer and have give you the prognosis.
For your visa
It seems you have already cleared most hurdles
1) Talk to a immigration lawyer
2) Talk to USCIS and ask for "Humanitarian Expedite". Call or fax them the document ask you doctor to write the letter
3) get media attention: write to local congressman,senator and the local media TV stations to expedite your case
4)Dont delay any day. Once you create an expediate request they are bound to act on it.(by either rejecting it or accepting it). The point is make an official request without delay
In a similar situation i would try to straigten out few things
First is finance Security :
1)Try to transfer control and custody of all financial instruments to you wife name
2)is you wife working if not try to get job on H1b.(not EAD) Cap exempt HIB from university affialted jobs are alsways available or get her to a school on f-1
What does you wife want.She may not want to stay here if she does not have extended family.Talk to her.Ask here
Lastly Get an second opinion from Indian APollo etc they may do life prolonging surgical procedures (which doctors here might not be willing for many reasons ...this will get you enough time that your green card is appoved
Best Wishes for your and your family
My suggestion would be that probably doctors have discovered metastatic cancer and have give you the prognosis.
For your visa
It seems you have already cleared most hurdles
1) Talk to a immigration lawyer
2) Talk to USCIS and ask for "Humanitarian Expedite". Call or fax them the document ask you doctor to write the letter
3) get media attention: write to local congressman,senator and the local media TV stations to expedite your case
4)Dont delay any day. Once you create an expediate request they are bound to act on it.(by either rejecting it or accepting it). The point is make an official request without delay
In a similar situation i would try to straigten out few things
First is finance Security :
1)Try to transfer control and custody of all financial instruments to you wife name
2)is you wife working if not try to get job on H1b.(not EAD) Cap exempt HIB from university affialted jobs are alsways available or get her to a school on f-1
What does you wife want.She may not want to stay here if she does not have extended family.Talk to her.Ask here
Lastly Get an second opinion from Indian APollo etc they may do life prolonging surgical procedures (which doctors here might not be willing for many reasons ...this will get you enough time that your green card is appoved
more...
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gc_lover
07-05 06:02 AM
my 485 also reached Nebraska on July 2nd at 9:01 am
by FEDEX.
Is my boat Sinking or floating
Mine reached on Juny 2 9:01 AM too. Its sinking, my friend. Your boat is sinking...just like mine.
See you at the bottom of the ocean!
by FEDEX.
Is my boat Sinking or floating
Mine reached on Juny 2 9:01 AM too. Its sinking, my friend. Your boat is sinking...just like mine.
See you at the bottom of the ocean!
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bskrishna
09-15 12:08 PM
I have sent my contacts ..
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arnab221
12-16 12:31 PM
Soilders returning from voilent conflicts have the Post Traumatic Stress Disorder( PTSD ) also called as Shell Shock . I coin this term "Pre Green card Stress disorder". or Pre Green Card SHock.
Dr Sanjay Gupta who seems be an immigrant himself has spent lots of hours researching "Shell shock " maybe we should send him this new term to research .
And last but not the least , Relax . Staying here is not the end of the world .We came here we tried very hard , if God forbid we fail . I personally do not mind one bit to go back to my motherland . Remember if US is teh present then India is the Past and India will be the future . Thats where all the action is now and will be in the future .
Sorry If my last paragraphs hurt the feelings of any die hard members . I was just expressing my way to reduce the tension and stress that is associated with the GC process .
Dr Sanjay Gupta who seems be an immigrant himself has spent lots of hours researching "Shell shock " maybe we should send him this new term to research .
And last but not the least , Relax . Staying here is not the end of the world .We came here we tried very hard , if God forbid we fail . I personally do not mind one bit to go back to my motherland . Remember if US is teh present then India is the Past and India will be the future . Thats where all the action is now and will be in the future .
Sorry If my last paragraphs hurt the feelings of any die hard members . I was just expressing my way to reduce the tension and stress that is associated with the GC process .
Rohan99
02-01 03:43 PM
according to movie, India will be better place because we can make to the arks in Himalayas faster. From north America it will take longer time and we have to find Yuri to get ride. Astrophysicist Dr. Satnam Tsurutani, who discovered solar flare in India, was among the dead, he didn't make it to arks.
:D
2012??? - According to the Mayan calendar the 2012 will bring the doomsday !!!! :D
:D
2012??? - According to the Mayan calendar the 2012 will bring the doomsday !!!! :D
gbof
09-09 09:13 PM
Oct09 VB is awafully disgusting for my EB3 friends. Call of the day -- try out all possible options to improve your chances (EB2, if after so many years you qualify) and INTENSE lobby efforts for recapture by roping in all friendly employers and congressmen. Running away will not improve the lot.......
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