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
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jchan
08-25 01:08 PM
I searched immigrationportal.com and only found few than three cases in the last three months about H1B denial. The number does not seem to be unusually high to me.
walking_dude
06-28 01:46 PM
Thanks gc28262 for your contributions to this drive. I request others to pitch in as well. We can discuss the nitty-gritties till we bleed. But that won't achieve anything. It will not stop the minformation being spread. We have to collect enough evidence and present it to the media. 4-5 job ads is just the beginning, we need a collection of few hundred to prove this is the prevalent trend.
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asdf123
08-27 12:15 AM
My application filed on 1 august.
No receipts yet.
No receipts yet.
more...
diptam
06-22 03:46 PM
Giving Pay stubs instead of FUTURE employment letter ?
That may be a RFE and then eventually you have to give that letter and do more bargaining with your employer...
Generally speaking two recent pay stubs are sufficient to verify that you remain with the same employer. It is possible that if your petition is pending for more than 10 or 12 months, either a job offer letter or additional pay stubs will be requested.
That may be a RFE and then eventually you have to give that letter and do more bargaining with your employer...
Generally speaking two recent pay stubs are sufficient to verify that you remain with the same employer. It is possible that if your petition is pending for more than 10 or 12 months, either a job offer letter or additional pay stubs will be requested.
pvpb
09-28 01:01 PM
My checks did not get cashed yet...checking my acct daily..
see my signature, no receipts till date money order not cashed, Called USCIS got an answer.... "Not yet in the System", but IO told me there is a big junk of files and it will be processed in next 30 or 40 days.
Venkat, if you are sure your check got cashed please contact USCIS they will provide you receipts
see my signature, no receipts till date money order not cashed, Called USCIS got an answer.... "Not yet in the System", but IO told me there is a big junk of files and it will be processed in next 30 or 40 days.
Venkat, if you are sure your check got cashed please contact USCIS they will provide you receipts
more...
spulavarthi
07-20 10:39 AM
My pledge $100 for Aman.
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amslonewolf
06-12 03:39 PM
My attorney is taking his owwwwn time.. Could there be any reasons for this?
He is usually very prompt and quick to act. But this time, he is taking forever to file my I-485/EAD/AP..
He is usually very prompt and quick to act. But this time, he is taking forever to file my I-485/EAD/AP..
more...
here4gc
03-18 11:52 AM
I opened SR in Jan...in Feb they sent letter that security checks are pending..so I took INFOPASS after talking with attorney...went to INFOPASS and was rudely told that it could take a long time because Namecheck is pending..no idea how long it will take...i was like..if security check is pending do my FP and check everything...but no...they want to do name check..okay..then attorney said to wait 1 more month...he called last week to USCIS and they said...oh we responded on FEB..to the original SR..the response was..its still pending..hell..i know that already..what the hell are u doing about it ?? i thought they were supposed to work on an SR and get it out of the way in 60 days..now lawyer is asking to wait 1 more month because he is saying 60 days from Feb...GOSH..and i am waiting for 140 also...filed in July went to NSC-TSC blackhole..God knows what will happen...
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alterego
03-08 05:15 PM
I agree that now their spillover policy is more horizontal than vertical.
Your numbers on EB India visas are fairly close to accurate. 2008 will be very skewed in EB India's direction. It is just that the demand is even more greater than that.
Those H1b numbers for last year were really an eye opener for me. Sadly unless they decide to treat those issues in tandem, ie cap both or uncap both, this issue is only destined to get worse, recession or no recession.
On your point about the data not backing up people returning, that issue is multi-dimentional. Sure, if you have come here laid down roots, bought a house, have kids in school etc, you will have a higher tolerance for this crap, but we are in a new phase here, where we have people who came here legally and are now seeing unprecedented retrogression in EB immigration. There is no precedent for this in EB immigration, even pre-Ac21 the retrogression was not as severe. When was the last time EB2 had sustained retrogression over 5 yrs for that long? EB3 for 8 yrs sustained? Additionally those factors I mentioned are real, US citizen kids, eligibility for benefits base on accumulated SS credits etc. The US will eventually have to come to terms with those issues as will the immigrants.
Also newer immigrants will have reason for pause in their decisions. Some(the best ones) may not come, others that come will repatriate their savings, will not buy homes, etc. All of that represents behavior that would not be in the US interest. Of course I am not sure US lawmakers think that deep, but just saying.
Your numbers on EB India visas are fairly close to accurate. 2008 will be very skewed in EB India's direction. It is just that the demand is even more greater than that.
Those H1b numbers for last year were really an eye opener for me. Sadly unless they decide to treat those issues in tandem, ie cap both or uncap both, this issue is only destined to get worse, recession or no recession.
On your point about the data not backing up people returning, that issue is multi-dimentional. Sure, if you have come here laid down roots, bought a house, have kids in school etc, you will have a higher tolerance for this crap, but we are in a new phase here, where we have people who came here legally and are now seeing unprecedented retrogression in EB immigration. There is no precedent for this in EB immigration, even pre-Ac21 the retrogression was not as severe. When was the last time EB2 had sustained retrogression over 5 yrs for that long? EB3 for 8 yrs sustained? Additionally those factors I mentioned are real, US citizen kids, eligibility for benefits base on accumulated SS credits etc. The US will eventually have to come to terms with those issues as will the immigrants.
Also newer immigrants will have reason for pause in their decisions. Some(the best ones) may not come, others that come will repatriate their savings, will not buy homes, etc. All of that represents behavior that would not be in the US interest. Of course I am not sure US lawmakers think that deep, but just saying.
more...
lord_labaku
01-30 03:09 PM
Mr are u going mad because ur wife didn't get H1. see I too have worked with F500 & F200 companies don't think that ur wife is better then all. My consultant told me that he has a job for me but because for this market companies have freesed there recruitments. So don't get pissed and good luck for ur wiefe's visa this year.
I don't know the solution to your problem. But I do know that there is a default spell checker when posting message. It highlights misspelled words that you can then right click & correct.
FYI.
I don't know the solution to your problem. But I do know that there is a default spell checker when posting message. It highlights misspelled words that you can then right click & correct.
FYI.
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wandmaker
08-18 08:12 AM
My question is - has anobdy got their cards without getting the CPO e-mail - I have recd the approval notice on 11th in the mail - but I have yet to get the cards also I did not get the CPO e-mail:confused:
I have received with a CPO email - Full sequence at http://immigrationvoice.org/forum/showthread.php?t=20706
I have received with a CPO email - Full sequence at http://immigrationvoice.org/forum/showthread.php?t=20706
more...
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desi3933
08-18 02:04 PM
Is there anyone who is with me, anyone at all? I need around 15 people to kick this off...
I am just looking for three things
a) A letter that we will jointly send to few people. Urging them to follow a fair system.
b) Talk to your lawyer to discss with AILA
c) Talk to you chapter leader.
You forgot to mention (d)
(d) logoff and close account at IV after getting GC
I am just looking for three things
a) A letter that we will jointly send to few people. Urging them to follow a fair system.
b) Talk to your lawyer to discss with AILA
c) Talk to you chapter leader.
You forgot to mention (d)
(d) logoff and close account at IV after getting GC
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justAnotherFile
07-20 01:26 PM
Congratulations to you and your spouse Aman, for a well deserved Green Card. It's great to know that you are going to continue to provide leadership to IV inspite of getting your card.
(Based on Aman's comments. I will contribute the earlier pledge i made in this thread, to IV next month.)
will also get my video uploaded ASAP.
(Based on Aman's comments. I will contribute the earlier pledge i made in this thread, to IV next month.)
will also get my video uploaded ASAP.
more...
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delhiguy79
07-22 09:40 AM
Yes we have done that in Vancouver ... Landing ... next day H1 interview ... the next day to collect passport, the next day return to US
did they ask any questions while stamping? Like why r u keeping PR and filed GC etc?
Can u plz share experience.
I have changed my employer and my new employer got me an extn also my GC is filed by them. Do u have the similar case?
Thanks
did they ask any questions while stamping? Like why r u keeping PR and filed GC etc?
Can u plz share experience.
I have changed my employer and my new employer got me an extn also my GC is filed by them. Do u have the similar case?
Thanks
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cnachu2
09-15 12:35 PM
Hi,
Thank You for taking initiation. Please add my name in the spreadsheet.
Chandrasekhar Nachu, 7329105444. My contribution is $100.
Friends,
I have created a Shared Spreadsheet with the list of people who have pledged in favor of this effort.
http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#
Everyone can view it, but unfortunately, i didn'y think it was ideal for everyone to edit. I will be more than happy to grant Edit access to a few more folks who are willing to help. Also, from security point of view, i think we should add our IV handle instead of real name. Since we have email ID's and ph#, we can be in touch as soon as it it time for action.
Please keep sending me ur details to add to this list. Remember, we only proceed if we have atleast 1000 pledged members.
I will keep publishing this sheet from time to time on this thread so people know.
Please keep pouring in with ur suggestions.
Thank You for taking initiation. Please add my name in the spreadsheet.
Chandrasekhar Nachu, 7329105444. My contribution is $100.
Friends,
I have created a Shared Spreadsheet with the list of people who have pledged in favor of this effort.
http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#
Everyone can view it, but unfortunately, i didn'y think it was ideal for everyone to edit. I will be more than happy to grant Edit access to a few more folks who are willing to help. Also, from security point of view, i think we should add our IV handle instead of real name. Since we have email ID's and ph#, we can be in touch as soon as it it time for action.
Please keep sending me ur details to add to this list. Remember, we only proceed if we have atleast 1000 pledged members.
I will keep publishing this sheet from time to time on this thread so people know.
Please keep pouring in with ur suggestions.
more...
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sunnysharma
06-08 03:59 PM
mine file reached there today.
reddymjm , You can see your LIN/WAC # from your cleared check.
reddymjm , You can see your LIN/WAC # from your cleared check.
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pappu
12-15 10:58 AM
Guys check out this article on Washington Post's website:
http://www.washingtonpost.com/wp-dyn/content/article/2006/12/14/AR2006121401362.html
A whole lot of anti-immigrant folks are posting their comments. All the eloquent members of IV, please mount a counter attack!
contact the author
http://www.manhattan-institute.org/html/jacoby.htm
http://www.washingtonpost.com/wp-dyn/content/article/2006/12/14/AR2006121401362.html
A whole lot of anti-immigrant folks are posting their comments. All the eloquent members of IV, please mount a counter attack!
contact the author
http://www.manhattan-institute.org/html/jacoby.htm
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shaq
05-19 01:13 PM
I am waiting for FP .Even I have called TSC having intention to open SR ,i got the reply all files are up to date and they can not open SR for FP ...Files indicate that FP is complete.(God knows what they mean,whose fingerprint they have on my file) ....I have not given any FP so far except at the PORT of entry .
Have you received your FP?
Have you received your FP?
map_boiler
08-12 12:56 PM
did you move within the same city, or was this an out of state move?
- if within the same city, you could possibly check with people living at your old address...who knows, they could be helpful. generally usps does not deliver uscis mail without your name on the mailbox; also there is no mail forwarding for such mails
- check with uscis to see if the card was already mailed out, or otherwise try to get their help in tracking it down (given their customer service though, this could be difficult)
- your attorney should also receive a copy of the approval notice, so check with him/her. uscis sends the card and welcome notice only to you, but they (afaik) generally send out a copy of the approval notice to the attorney as well.
- if unable to resolve this in 30-days, file I-90 (see below). again, check with attorney before doing anything.
- can also consider getting I-551 stamp from local uscis office
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b3f7ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
Filing Fee if you are filing because:
• You never received your Permanent Resident Card; or
• Your Permanent Resident Card was issued with incorrect information because of a USCIS administrative error;
Then there is no fee required. Please review the Where to File Instructions, below, if you are filing for these reasons. Total filing fee = $0
If you are filing because your card was never received
• If USCIS mailed you a Permanent Resident Card more than 30 days ago and you have not received it; and
• It has been returned to USCIS by the Post Office as undeliverable; and
• You have not moved from the address you provided to USCIS during the application or immigrant visa process that led to the creation of the card not received;
My husband called USCIS today to check if they have correct address on file and alas they had old address. When we moved after filing for I-485/EAD/AP, we changed the address in Oct and also after we received receipt notices in Jan. We received EAD/AP/Finger printing notices at the present address for all three of us and now they are saying they had old address on my husband's I485 only, great!!!
They were not sure where the card/welcome notice/approval notice were mailed, to my old address or the attorney. Will check with the attorney today, if not what is the procedure as the card will return back. Thanks in advance.
- if within the same city, you could possibly check with people living at your old address...who knows, they could be helpful. generally usps does not deliver uscis mail without your name on the mailbox; also there is no mail forwarding for such mails
- check with uscis to see if the card was already mailed out, or otherwise try to get their help in tracking it down (given their customer service though, this could be difficult)
- your attorney should also receive a copy of the approval notice, so check with him/her. uscis sends the card and welcome notice only to you, but they (afaik) generally send out a copy of the approval notice to the attorney as well.
- if unable to resolve this in 30-days, file I-90 (see below). again, check with attorney before doing anything.
- can also consider getting I-551 stamp from local uscis office
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b3f7ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
Filing Fee if you are filing because:
• You never received your Permanent Resident Card; or
• Your Permanent Resident Card was issued with incorrect information because of a USCIS administrative error;
Then there is no fee required. Please review the Where to File Instructions, below, if you are filing for these reasons. Total filing fee = $0
If you are filing because your card was never received
• If USCIS mailed you a Permanent Resident Card more than 30 days ago and you have not received it; and
• It has been returned to USCIS by the Post Office as undeliverable; and
• You have not moved from the address you provided to USCIS during the application or immigrant visa process that led to the creation of the card not received;
My husband called USCIS today to check if they have correct address on file and alas they had old address. When we moved after filing for I-485/EAD/AP, we changed the address in Oct and also after we received receipt notices in Jan. We received EAD/AP/Finger printing notices at the present address for all three of us and now they are saying they had old address on my husband's I485 only, great!!!
They were not sure where the card/welcome notice/approval notice were mailed, to my old address or the attorney. Will check with the attorney today, if not what is the procedure as the card will return back. Thanks in advance.
forever
08-03 07:07 PM
I live in IL
As per my analysis, your case will not be transferred to TSC. You should get receipt from NSC.
As per my analysis, your case will not be transferred to TSC. You should get receipt from NSC.
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