geesee
08-18 02:41 PM
Is it fair to have an EB2 person write - what "a" unfair system :eek:
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she81
05-23 11:11 PM
I am done with emailing the 10 senators + 2 more from my state.
It's now or never. Please be benevolent with your time and help spread the word.
It's now or never. Please be benevolent with your time and help spread the word.
hebbar77
09-09 09:16 PM
Getting sick of this movement in dates.
Illegal guy in US makes more money & without any hassle.
Trying to stay legally hurts very much for the past 9 years.
Atleast they should allow to pre-file I-485 so that atleast guys like me (when we missed july 2007 race) can just file and complete the verification process in I-485.
Are you saying illegals are smart? Or smart poeple are here illegally?
Illegal guy in US makes more money & without any hassle.
Trying to stay legally hurts very much for the past 9 years.
Atleast they should allow to pre-file I-485 so that atleast guys like me (when we missed july 2007 race) can just file and complete the verification process in I-485.
Are you saying illegals are smart? Or smart poeple are here illegally?
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letsgetit
05-23 09:04 AM
Sent email to senators in my area of virginia and also called the senators..Will call more and send emails.
Thanks IV for the job you are doing...It is indeed commendable.
Thanks IV for the job you are doing...It is indeed commendable.
more...
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
ArunAntonio
07-09 06:59 PM
Amit,
Can you post the template of the email you are sending to the reporters.
- AA
Can you post the template of the email you are sending to the reporters.
- AA
more...
sanjay
02-09 03:38 PM
Really? Narendra Modi is great? And thats why he has been banned from visiting USA...WOW
@buddyinsd
I did not know that visa to USA is also a certificate of good behavior. Does Modi needs a visa to USA to prove he is good or bad person or vice-versa ?
@buddyinsd
I did not know that visa to USA is also a certificate of good behavior. Does Modi needs a visa to USA to prove he is good or bad person or vice-versa ?
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tonyHK12
02-10 10:31 AM
Here is the transcript
00:31:28 As president trump who would be the first person you would say you're fired to?
00:31:34 >> They want me to say, look, i have had -- >> they want you to say if -- >> if you're president -- >> who's the number one bad guy right now you would fire in america?
00:31:48 >> Well, can I be honest?
00:31:50 I don't want to say -- there's so many of them.
00:31:51 There really are.
00:31:53 There are so many of them.
00:31:54 You look at the department of education.
00:31:55 It goes for blocks and blocks and blocks.
00:31:59 Education should really be -- we have to -- like a little bit of supervision.
00:32:03 >> You wouldn't argue -- >> it should be a local thing.
00:32:07 >> I was going to mention education to you because the last word with the chinese, isn't it that they are educating their people better now than america is doing and that's why they're also jumping ahead?
00:32:19 Isn't that true?
00:32:20 >> You know where they're educating a lot of their people?
00:32:23 At our schools.
00:32:24 It's the most amazing thing.
00:32:25 They come over, they learn, they go to harvard, they go to wharton, they go to yale, they go to the best schools, then we force them to leave.
00:32:30 >> Okay.
00:32:31 >> No, no, we force them to leave.
00:32:34 >> When we come back, I'll ask you as a man who wins and knows how to pick a winner, which is where I come in, how are we going to win?
looks like there is some hope for us in 2013 if the elections go well :) This is all in good humor though , no one expects DT to upset the apple cart.
00:31:28 As president trump who would be the first person you would say you're fired to?
00:31:34 >> They want me to say, look, i have had -- >> they want you to say if -- >> if you're president -- >> who's the number one bad guy right now you would fire in america?
00:31:48 >> Well, can I be honest?
00:31:50 I don't want to say -- there's so many of them.
00:31:51 There really are.
00:31:53 There are so many of them.
00:31:54 You look at the department of education.
00:31:55 It goes for blocks and blocks and blocks.
00:31:59 Education should really be -- we have to -- like a little bit of supervision.
00:32:03 >> You wouldn't argue -- >> it should be a local thing.
00:32:07 >> I was going to mention education to you because the last word with the chinese, isn't it that they are educating their people better now than america is doing and that's why they're also jumping ahead?
00:32:19 Isn't that true?
00:32:20 >> You know where they're educating a lot of their people?
00:32:23 At our schools.
00:32:24 It's the most amazing thing.
00:32:25 They come over, they learn, they go to harvard, they go to wharton, they go to yale, they go to the best schools, then we force them to leave.
00:32:30 >> Okay.
00:32:31 >> No, no, we force them to leave.
00:32:34 >> When we come back, I'll ask you as a man who wins and knows how to pick a winner, which is where I come in, how are we going to win?
looks like there is some hope for us in 2013 if the elections go well :) This is all in good humor though , no one expects DT to upset the apple cart.
more...
anzerraja
07-19 09:44 PM
Thanks !
I am in
$200.00 to start. Will definitely contribute more.
I am in
$200.00 to start. Will definitely contribute more.
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Mount Soche
01-14 09:21 PM
I'm just sharing what my attorney told me about AC21. He says that he always has his clients inform the USCIS (not that one has to but that's what he does for his clients). He says that apparently before the USCIS adjudicates the I-485, they tend to issue an RFE, just to make sure you're working or have the job offer etc. So an RFE isn't unusual or a problem, it's just routine. Also, he says to make sure that the old company makes the job fit. He said to check the codes from the labor cert. approval to see if the new job falls within the same category as the old. I certainly will use AC21 when I find a new job and I wish everyone luck whatever you decide to do.
more...
sunofeast_gc
07-08 08:29 PM
140K GCs were available on Oct 1 2005 and Oct 2006: categories were not current.
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
macaca, This is really good point
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
macaca, This is really good point
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desi3933
06-22 07:53 PM
Get on with sweet talks with him, do whatever he tells u to do (like sign a contract, pay ur GC cost etc). After filing u have an option to change the employer after 6 months and then no employment bond works. He will just ask for money when ur leaving him and if he doesnt give ur salary, talk to him polietly and mention the words 'Dept of Labor' in your conversation.
BTW, I got my wife salary from her employer and one of my friend was also 'bonded' ..got rid of his employer too ...using those words.
My employer is desi consultant too and is very good in such matters, quite helpful. I would recommend him to anyone. Most desi consultants are blood suckers but not all.
Good luck.
The so called Bond is actually "Employment Agreement" and it very well could be valid. Please check some cases in PA State for such Employment Cases and you may be surprised. This is not to suggest that every agreement is valid. Depends on the agreement wordings and the State Law.
Just trying to bring the other side of the coin.
These employers are doing wrong. They should help in filing I-485 for their employees. Greed has no end. Thanks God, I didn't work for such employer. I worked as hourly employee and still they paid for all GC expenses (including EAD for my spouse). My employer was non-desi and I don't know if that matters or not.
I think Negotiation is the key word here. If they know that you will leave now, they WILL try to cut a deal. All matters who is going to blink first.
Good Luck to everyone and keep your hopes high.
This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
BTW, I got my wife salary from her employer and one of my friend was also 'bonded' ..got rid of his employer too ...using those words.
My employer is desi consultant too and is very good in such matters, quite helpful. I would recommend him to anyone. Most desi consultants are blood suckers but not all.
Good luck.
The so called Bond is actually "Employment Agreement" and it very well could be valid. Please check some cases in PA State for such Employment Cases and you may be surprised. This is not to suggest that every agreement is valid. Depends on the agreement wordings and the State Law.
Just trying to bring the other side of the coin.
These employers are doing wrong. They should help in filing I-485 for their employees. Greed has no end. Thanks God, I didn't work for such employer. I worked as hourly employee and still they paid for all GC expenses (including EAD for my spouse). My employer was non-desi and I don't know if that matters or not.
I think Negotiation is the key word here. If they know that you will leave now, they WILL try to cut a deal. All matters who is going to blink first.
Good Luck to everyone and keep your hopes high.
This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
more...
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simple1
05-08 02:00 PM
CFR22 is not the law. INA is the law. I could not find it in INA, that is all we need.
Honestly, I dont care if they are eligible for FB2A.
All I care is eb-dependents are not eligible for EBquota.
why are you quoting and supporting the official mis interpretation above the actual law ?
Is it still not clear for you? eb-dependents are NOT eligible for F2A.
So we have to follow the regulation and the regulation (CFR22) mentioned specifically that eb-dependents are eligble for EB-category. Regulations and interpretations are there for a reason, and it has to be followed when law is not clear.
I agree that INA doesnt specifically says that, but at the same time INA specifically rules out eb-dependents from F2A also. To be eligible for F2A you should be dependent of a permanent resident "at the time of application".
You should probably stream line your effort to not count eb-dependents in any visa-numbers (since neither the regulation or law is clear on that part).
You are still under a mis-concept that every word and sentence has to be quoted in "INA", and can ignore all official regulations and interpretations.
Honestly, I dont care if they are eligible for FB2A.
All I care is eb-dependents are not eligible for EBquota.
why are you quoting and supporting the official mis interpretation above the actual law ?
Is it still not clear for you? eb-dependents are NOT eligible for F2A.
So we have to follow the regulation and the regulation (CFR22) mentioned specifically that eb-dependents are eligble for EB-category. Regulations and interpretations are there for a reason, and it has to be followed when law is not clear.
I agree that INA doesnt specifically says that, but at the same time INA specifically rules out eb-dependents from F2A also. To be eligible for F2A you should be dependent of a permanent resident "at the time of application".
You should probably stream line your effort to not count eb-dependents in any visa-numbers (since neither the regulation or law is clear on that part).
You are still under a mis-concept that every word and sentence has to be quoted in "INA", and can ignore all official regulations and interpretations.
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intheyan
08-12 02:28 PM
That helps a lot.
Here is some more information I got from murthy's forum.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=1201040261
ADIT (I-551) stamping
�
Applicant appears at local USCIS for ADIT processing. Applicant will not be scheduled for an ADIT appointment, ADIT processing is done by "walk-in" basis ONLY.
�
Once the applicant adjusts his/her status by completing ADIT processing, s/he is given the I-551 permanent resident stamp in his/her passport.
Courtesy of --- Jackson & Hertogs
Here is some more information I got from murthy's forum.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=1201040261
ADIT (I-551) stamping
�
Applicant appears at local USCIS for ADIT processing. Applicant will not be scheduled for an ADIT appointment, ADIT processing is done by "walk-in" basis ONLY.
�
Once the applicant adjusts his/her status by completing ADIT processing, s/he is given the I-551 permanent resident stamp in his/her passport.
Courtesy of --- Jackson & Hertogs
more...
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sayonara
08-20 04:18 PM
Thanks for ur response. Whats the number to call?
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green_card
05-24 12:29 AM
I made phone calls to all (10 + 2) successfully left messages for 8 but the following 4 had issues,
Sen. Cornyn's and Sen. McConnell's office phone systems do not direct you to a voicemail system (I was calling after office hours so I couldnt speak to someone either), and,
I get a 'voicemail machine full' message from the Reid and Martinez offices.
Wonder if anyone else has faced the same problem.
Will try those 4 again tomorrow
V
Sen. Cornyn's and Sen. McConnell's office phone systems do not direct you to a voicemail system (I was calling after office hours so I couldnt speak to someone either), and,
I get a 'voicemail machine full' message from the Reid and Martinez offices.
Wonder if anyone else has faced the same problem.
Will try those 4 again tomorrow
V
more...
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unitednations
08-25 09:38 PM
Is it for direct employee or consulting company?
People shouldn't get too panicked. It's not like uscis is denying all cases.
Before it was rare now they are just getting more difficult. California rfe's are a little difficult and unless y you make sloppy mistakes; they generally approve them.
vermont is where they are going above and beyond in scrutinizing cases. Most companies who file through california are used to the issues and have adapted. However; what vermont is doing is fairly new and companies in vermont region are not used to the expectations of that particular service center since they were very easy in the past.
People shouldn't get too panicked. It's not like uscis is denying all cases.
Before it was rare now they are just getting more difficult. California rfe's are a little difficult and unless y you make sloppy mistakes; they generally approve them.
vermont is where they are going above and beyond in scrutinizing cases. Most companies who file through california are used to the issues and have adapted. However; what vermont is doing is fairly new and companies in vermont region are not used to the expectations of that particular service center since they were very easy in the past.
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amitjoey
05-23 04:10 PM
I see a Webfax being setup. Only 49 members have used it. Very simple to use, click on webfax, enter your state and details, send. 10 sec. Please use this. This is the most simple thing you can do.
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newuser
05-23 08:05 AM
Finished e-mailing to all the senators. Its easy than AILA website if you have google toolbar to fill in the addresses.
1.Use the Autofill feature in the google toolbar.
2.Put the mailing address in the autofill.
3.Then Select the Senator's contact page.
4.Press the autofill option on google toolbar.All the fields are populated
5.Cut and paste the letter in the message body.
Give me more.
1.Use the Autofill feature in the google toolbar.
2.Put the mailing address in the autofill.
3.Then Select the Senator's contact page.
4.Press the autofill option on google toolbar.All the fields are populated
5.Cut and paste the letter in the message body.
Give me more.
life99f
07-08 09:14 PM
Give me a link to DC thread...
Thanks
Can you post this on DC thread..
We have so far 46...
Thanks
Can you post this on DC thread..
We have so far 46...
contactkpatel@yahoo.com
08-27 01:29 PM
Hi All,
Me and my wife got our physical cards today. Buit the issue is my wife last name hasnt not been changed to my last name. It is still her maiden name. We have requested them while filing for I-485 with our marriage certificate.
We can still live with this but there SSn, Passport everything has been changed to my last name already. even has EAD card had my last name.
Any sugguestion as wat can be done. We r afraid were gettin our green card happiness will take a while now.
Me and my wife got our physical cards today. Buit the issue is my wife last name hasnt not been changed to my last name. It is still her maiden name. We have requested them while filing for I-485 with our marriage certificate.
We can still live with this but there SSn, Passport everything has been changed to my last name already. even has EAD card had my last name.
Any sugguestion as wat can be done. We r afraid were gettin our green card happiness will take a while now.
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