sankap
07-10 05:07 PM
So, we're back to the semantics. We need USCIS/DOL definitions of "permanent" and "legitimate"--not the definition just for educators/tenured teaching positions, as desi3933 gave. If we don't have the definitions, we can/can't assume anything/everything. Therefore, self-employment in same/similar occupation, with a *projected* cash flow, should be classified as "FT, permanent."
You are wrong, again!. ;)
I said this before, Permanent job does not mean "forever", it simple means it has no fixed end date (i.e. indefinite duration). That said, most of the Permanent Jobs are, in fact, at will jobs.
.
You are wrong, again!. ;)
I said this before, Permanent job does not mean "forever", it simple means it has no fixed end date (i.e. indefinite duration). That said, most of the Permanent Jobs are, in fact, at will jobs.
.
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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
apahilaj
09-10 02:31 PM
Hello friends,
I was wondering about the FP notice time frame. I had applied for 485/EAD/AP on July 2nd at NSC which later got transferred to TSC. Receipts indicate that notice date is 8/27.
I was wondering how many days does it take to get FP notice from the 485 notice date? data indicates that some of the TSC guys who have notice dates of 8/29 have already got their FP notices scheduled for mid september.
Thanks.
I was wondering about the FP notice time frame. I had applied for 485/EAD/AP on July 2nd at NSC which later got transferred to TSC. Receipts indicate that notice date is 8/27.
I was wondering how many days does it take to get FP notice from the 485 notice date? data indicates that some of the TSC guys who have notice dates of 8/29 have already got their FP notices scheduled for mid september.
Thanks.
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amsgc
03-09 11:53 PM
Sayantan,
It ironic that you, of all people who got a GC through EB1, are questioning the importance of intellect over physical labor. It is no secret that human civilization has progressed and prospered only because some people have thought hard and attempted to invent new things. And the current EB preference system clearly reflects that importance of intellectual advancement to any society.
The cabbie or the waiter, with due respect their profession, is a mere cog in the wheel; a facilitator. But you my friend, the high skilled immigrant, have the ability to innovate and help your society progress. You have the education and understanding that can be passed on to future generations.
It is not to say that the waiter cannot invent, but the fact of the matter is five years on and he is still waiting tables.
I wonder if you were waiting in limbo for five-six-seven years, would you have still made this callous remark?
what makes you think you are more important to american society than the waiter or the cabbies? we all come to US under full disclosure but a hope that by the time our turn at GC (and Citizenship for those who care) comes - the queues would have shortened or the rules would have changed in our favor and we wont have to wait for so long......
It ironic that you, of all people who got a GC through EB1, are questioning the importance of intellect over physical labor. It is no secret that human civilization has progressed and prospered only because some people have thought hard and attempted to invent new things. And the current EB preference system clearly reflects that importance of intellectual advancement to any society.
The cabbie or the waiter, with due respect their profession, is a mere cog in the wheel; a facilitator. But you my friend, the high skilled immigrant, have the ability to innovate and help your society progress. You have the education and understanding that can be passed on to future generations.
It is not to say that the waiter cannot invent, but the fact of the matter is five years on and he is still waiting tables.
I wonder if you were waiting in limbo for five-six-seven years, would you have still made this callous remark?
what makes you think you are more important to american society than the waiter or the cabbies? we all come to US under full disclosure but a hope that by the time our turn at GC (and Citizenship for those who care) comes - the queues would have shortened or the rules would have changed in our favor and we wont have to wait for so long......
more...
BharatPremi
09-27 10:38 PM
My signature speaks the updates.
nvssln
09-22 04:09 PM
I applied 1st EAD renewal for myself and my wife in August 4th. Still waiting.
Service Center: TSC
Mailed Date: August 4th.
USCIS Recived: August 6th.
Notice Date: August 13th.
Online shows as USCIS received those on the August 12th. Still waiting on EAD approval.
We mailed the AP documents for our family along with the EAD apps. APs for my wife and son were approved on the August 17th. Still waiting on the approval of AP for me.
I suspect who was processing our cases had gone on a big vacation.
Service Center: TSC
Mailed Date: August 4th.
USCIS Recived: August 6th.
Notice Date: August 13th.
Online shows as USCIS received those on the August 12th. Still waiting on EAD approval.
We mailed the AP documents for our family along with the EAD apps. APs for my wife and son were approved on the August 17th. Still waiting on the approval of AP for me.
I suspect who was processing our cases had gone on a big vacation.
more...
GCStatus
09-14 04:48 PM
Let's make sure that this thread or http://immigrationvoice.org/forum/showthread.php?t=21340 remains at the top "Recent forum posts" on IV homepage, so that more and more people can notice it and we can take a timely action. We might need some help from admin. to get this done. I see that "IV Forum login problems" thread is hardwired to remain at the top. We can do something similar for our thread.
Dear Admin - If at all its possible?
Dear Admin - If at all its possible?
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Aah_GC
05-08 02:33 PM
lets get together and do something please.. we need to act this month..
more...
chanduv23
02-17 11:35 AM
I respectfully disagree. It has nothing to do with marketing, fraud desi companies put up free ads on sulekha, its the mindset of a large number of our audience we are missing and need to account for. maybe it has to do with jugaad.
Of course many of these expectations cannot be satisfied in a honest non profit.
A dinner for a family costs $50 easily.
A movie for a family costs $50.
The mindset is incepted deep inside and it is extremely difficult to change.
Sometimes, I see people wanting to do something, but their spouses don't allow them to.
When I told people that I received GC - some desis who r still waiting got pissed. I heard all sorts of things, some say "You cheated", some say "Never knew you were Eb2", some say, "Are you sure?, have you got the cards yet?, Did you finish biometrics?" Some eb3 folks said "We will get ours too, some issue with finger prints , my husband's boss is very close to the congressman and we have influence in INS", some say "Your lawyer did some magic" etc.....
People carry such mindsets, it is difficult to bring about awareness and change.
Of course many of these expectations cannot be satisfied in a honest non profit.
A dinner for a family costs $50 easily.
A movie for a family costs $50.
The mindset is incepted deep inside and it is extremely difficult to change.
Sometimes, I see people wanting to do something, but their spouses don't allow them to.
When I told people that I received GC - some desis who r still waiting got pissed. I heard all sorts of things, some say "You cheated", some say "Never knew you were Eb2", some say, "Are you sure?, have you got the cards yet?, Did you finish biometrics?" Some eb3 folks said "We will get ours too, some issue with finger prints , my husband's boss is very close to the congressman and we have influence in INS", some say "Your lawyer did some magic" etc.....
People carry such mindsets, it is difficult to bring about awareness and change.
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GCard_Dream
05-23 12:27 PM
Sent emails to 4 Senators so far and continuing with the rest.
more...
english_august
07-09 04:54 PM
There is a 99% chance of a TV crew covering this event. I just spoke with them and they are just working out the logistics. They will reach the USCIS office at around 12 PM and said that it would be great if some of us are available around that time to talk to them.
Any D.C. area people interested in going there, please send me a private message with your name and phone number so that we can talk and work out the logistics.
Any D.C. area people interested in going there, please send me a private message with your name and phone number so that we can talk and work out the logistics.
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bebar
06-16 04:16 PM
Me either. No receipts yet.. filed to reach on june 1st.
Lucky you summerof98!
Lucky you summerof98!
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rbharol
10-24 04:17 PM
As we get closer to election day it seems that Democrats will have control of the Congress. All the polls that have been and are being conducted show that the Democrats are leading the Republicans by double digits.
If Democrats win the CIR will get through but the there will be a huge backlog as there arent enough people at USCIS to do the work, which in a way is retrogession. There will be relief for people with advanced degrees but on paper only.As it will still take years for their paperwork to get through USCIS, others will be in a worse situation as the waiting line would be huge.
If Republicans win there will be no CIR as pointed out by others in the thread. However, SKIL might get through and that will help shorten the waiting period for people without advanced degrees.
Based on my analysis (which might be completely wrong), I think we are better off with Republicans.
You may be right but world does not run as per our wishes.
If it did, I would wish only those senators and Congressmen getting elected who would support SKIL Bill :) No matter what party they belong to!
If Democrats win the CIR will get through but the there will be a huge backlog as there arent enough people at USCIS to do the work, which in a way is retrogession. There will be relief for people with advanced degrees but on paper only.As it will still take years for their paperwork to get through USCIS, others will be in a worse situation as the waiting line would be huge.
If Republicans win there will be no CIR as pointed out by others in the thread. However, SKIL might get through and that will help shorten the waiting period for people without advanced degrees.
Based on my analysis (which might be completely wrong), I think we are better off with Republicans.
You may be right but world does not run as per our wishes.
If it did, I would wish only those senators and Congressmen getting elected who would support SKIL Bill :) No matter what party they belong to!
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fundo14
06-06 05:02 PM
fundo...did you land, how did it go?
Hi Maag,
I did not land yet. Planning to give away canada PR. Its too much of risk being on AP/EAD. I have too many things on stake in US like Home, Nice Jobs for me and my wife..don't want to risk all that.
As it is i don't think I will ever settle in Canada, i had applied at a time when my US labor was stuck in backlog for almost 5 years but now things have changed and if i ever have to leave US I think I will go back to my home country; as it is after being here for 8 years I don't have energy to start all over again in some new country.
What have you decided? do you know the procedure to get landing fee back?
Hi Maag,
I did not land yet. Planning to give away canada PR. Its too much of risk being on AP/EAD. I have too many things on stake in US like Home, Nice Jobs for me and my wife..don't want to risk all that.
As it is i don't think I will ever settle in Canada, i had applied at a time when my US labor was stuck in backlog for almost 5 years but now things have changed and if i ever have to leave US I think I will go back to my home country; as it is after being here for 8 years I don't have energy to start all over again in some new country.
What have you decided? do you know the procedure to get landing fee back?
more...
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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?
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vij
06-15 05:10 PM
Who gets the receipt notices - only atorney or both atorney and employer/employee
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vinabath
03-26 10:13 AM
2008, 2009 = 280K
Total EB 485 applicants whose PD<2006 approx 200K????
I think you guys are in good shape. I dont know why it will take 10 years.
The process is streamlined now.
PERM process
140 immediately after labor
No more labor substitution no more cutting lines.
NC>180 days you will GC
Once they reinstate 140 premium processing.....all the backlogs will be cleared by next year october.
Total EB 485 applicants whose PD<2006 approx 200K????
I think you guys are in good shape. I dont know why it will take 10 years.
The process is streamlined now.
PERM process
140 immediately after labor
No more labor substitution no more cutting lines.
NC>180 days you will GC
Once they reinstate 140 premium processing.....all the backlogs will be cleared by next year october.
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manchala
02-25 08:54 PM
Friends,
I asked most of my friends to donate amount and they are not even on this site. They have donated some. I have been following up with all of my friends. Please do the same. Ask your friends and follow up with them. Also can we have a Facebook page for this advocacy day also??
I asked most of my friends to donate amount and they are not even on this site. They have donated some. I have been following up with all of my friends. Please do the same. Ask your friends and follow up with them. Also can we have a Facebook page for this advocacy day also??
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WaitingForMyGC
02-09 03:26 PM
Here is my contribution $20 Deliver Date 02/13
BofA Transaction Id:8MT05-DR95T
BofA Transaction Id:8MT05-DR95T
jk999
08-18 02:40 PM
How do you know that people with more recent priority dates are getting approved and you have been left out? You know this because these members of IV share this info with you and you are talking about using this info against them.
I won't be surprised if this will discourage people to just silently leave the forum after getting approvals.
I won't be surprised if this will discourage people to just silently leave the forum after getting approvals.
maag
05-05 01:16 PM
Shekhar....any update?
anyone else who did landing recently please post your experience
my PR expires in June, need to decide to do landing or not?
anyone else who did landing recently please post your experience
my PR expires in June, need to decide to do landing or not?
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