glus
07-02 09:43 AM
Fed-Ex sent today july 2nd.:)
Note: Iam not sure if anyone should have posted on jun 30 to be delivered on july 2nd. But again, i don't know.:mad:
REceived date is important, not the mailed date. So if one sent on jun 30 that's ok.
Note: Iam not sure if anyone should have posted on jun 30 to be delivered on july 2nd. But again, i don't know.:mad:
REceived date is important, not the mailed date. So if one sent on jun 30 that's ok.
wallpaper 3D Falling Leaves Animated
krishnam70
06-18 11:23 AM
Well, if u have made up ur mind just based on some post(s) (which by the way, may or may not be true and even if true, do u know the minute details around that case like country of origin, was H1 overstayed etc...etc...?), then no matter what I or anybody else suggests, u will still counter by showing that ONE little post. Do a google on AP with canadian landing and u will see many successful cases. So, tally between the successes and failures. I can guarantee u that for atleast every 100 successes u may (or may not) see one problematic case. The general mentality is, well, there was one failure case...so, will I be the next to be caught? U will completely forget about the success cases. Even if its a problematic case, its not like the end of the world for them. They are still given a chance to re-enter USA.If everything goes wrong, then big deal, Canada beckons. Again, its my point of view.
So, my final suggestion to u is...."Its ur call. Do what ur mind says". If I were in ur position, I'd have taken the risk and I have laid out my points of views in my earlier posts. But for u, I'd only say..."Its ur call".
Folks this is personal experience
We during the endless wait for the elusive GC decided to have back up plan. So applied for Canadian PR in March 2003. The Mandatory 52 weeks were in progress when I had to move out of the city from where we used to reside. So I completed the formalities of informing the Immigration dept of canada about the change in address. After 48 weeks we received a letter from the Canadian Immigration to proceed for Medical examinations and finger prints> We completed both the formalities and within 2 months received the request to send out passports for Stamping. In June 2004 we completed the formalities of getting the passport stamped. Meanwhile here in the US we had already received LCA approval and filed 140 and received approval for the same also but we were not hopeful of the GC itself.
In July 2005 we landed in Canada through Detroit. Drove all the way to Toronto. We were keen to complete all the minimum formalities required like setting up a bank account, applying for SIN etc. We stayed a a friends place and completed the formalities next 2-3 days and then drove back to the US.
Immigration status:
My H1 had expired( 6 yrs completed) Feb 2005 so moved on to EAD. During the entry back to US they did not ask any questions. They asked when we entered US etc and general questions about work for which we replied. Questions about AOS were not asked as it was pretty apparent we were in AOS. The IO scanned through the entire passport and even saw the immigration stamp by canadian consulate and did not comment on it. I guess the answer to any potential questions would be that you will let go of the Canadian PR in case you get your US GC. As far as I know there is no statute or directive that IO should cancel the existing US GC process in anyway. The choice of choosing your country of permanent residence is yours I do not know/think if IO has any say in that.( I might be wrong may be we were lucky). Long story short.. We entered back to the US. Subsequently we got our GC cards which were collected by another friend who was visiting Canada and brought them back to the US. This year July is the last window of oppurtunity for us to go back to Canada.
We did spend close to 2500$ for the whole process if I counted right.We filed ourselves. It was a valid back up plan for the position we were in. I have had 2 more colleagues of mine who were in the same situation and applied and got their Canadian PR's in the same way and no issues when entering back to the US. One of them even goes to canada every few months to show he is working out of Canada and goes out on consulting jobs. He is maintaining a virtual phone number in canada for any contacts that gets routed to his US number if somebody calls.
Any call to go this route is purely personal and one person's experience is not a yardstick to say that is the norm.
- cheera
So, my final suggestion to u is...."Its ur call. Do what ur mind says". If I were in ur position, I'd have taken the risk and I have laid out my points of views in my earlier posts. But for u, I'd only say..."Its ur call".
Folks this is personal experience
We during the endless wait for the elusive GC decided to have back up plan. So applied for Canadian PR in March 2003. The Mandatory 52 weeks were in progress when I had to move out of the city from where we used to reside. So I completed the formalities of informing the Immigration dept of canada about the change in address. After 48 weeks we received a letter from the Canadian Immigration to proceed for Medical examinations and finger prints> We completed both the formalities and within 2 months received the request to send out passports for Stamping. In June 2004 we completed the formalities of getting the passport stamped. Meanwhile here in the US we had already received LCA approval and filed 140 and received approval for the same also but we were not hopeful of the GC itself.
In July 2005 we landed in Canada through Detroit. Drove all the way to Toronto. We were keen to complete all the minimum formalities required like setting up a bank account, applying for SIN etc. We stayed a a friends place and completed the formalities next 2-3 days and then drove back to the US.
Immigration status:
My H1 had expired( 6 yrs completed) Feb 2005 so moved on to EAD. During the entry back to US they did not ask any questions. They asked when we entered US etc and general questions about work for which we replied. Questions about AOS were not asked as it was pretty apparent we were in AOS. The IO scanned through the entire passport and even saw the immigration stamp by canadian consulate and did not comment on it. I guess the answer to any potential questions would be that you will let go of the Canadian PR in case you get your US GC. As far as I know there is no statute or directive that IO should cancel the existing US GC process in anyway. The choice of choosing your country of permanent residence is yours I do not know/think if IO has any say in that.( I might be wrong may be we were lucky). Long story short.. We entered back to the US. Subsequently we got our GC cards which were collected by another friend who was visiting Canada and brought them back to the US. This year July is the last window of oppurtunity for us to go back to Canada.
We did spend close to 2500$ for the whole process if I counted right.We filed ourselves. It was a valid back up plan for the position we were in. I have had 2 more colleagues of mine who were in the same situation and applied and got their Canadian PR's in the same way and no issues when entering back to the US. One of them even goes to canada every few months to show he is working out of Canada and goes out on consulting jobs. He is maintaining a virtual phone number in canada for any contacts that gets routed to his US number if somebody calls.
Any call to go this route is purely personal and one person's experience is not a yardstick to say that is the norm.
- cheera
gc4me
04-23 02:50 PM
This guy is a deshi employer. He is on H1 so he is a silent partner & that why scratching his head.
There are attorneys who will charge only after recovering money. The stupid employer can be sued for lost wages along with civil penalties from which the attorney's fee will be paid.
I just read first page of this thread and would advice that don't follow most of reply because they are lawyers or they have not gone through the experience you are going through. $4000 may not be big amount compared to hassle of law suite , piece of mind or the amount of increase you may have received by switching employer. I know a close person who had gone through exactly same situation in NJ and had to pay 12,000 to settle the case. I have seen bunch of people in same situation and my friend always adviced them to stay away from law suite. If your current employer is not big then there are greater chances that it will turn away from you in case of law suite.
If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.
Also can you get in writing from you current employer that they will support you in case of law suite?
There are attorneys who will charge only after recovering money. The stupid employer can be sued for lost wages along with civil penalties from which the attorney's fee will be paid.
I just read first page of this thread and would advice that don't follow most of reply because they are lawyers or they have not gone through the experience you are going through. $4000 may not be big amount compared to hassle of law suite , piece of mind or the amount of increase you may have received by switching employer. I know a close person who had gone through exactly same situation in NJ and had to pay 12,000 to settle the case. I have seen bunch of people in same situation and my friend always adviced them to stay away from law suite. If your current employer is not big then there are greater chances that it will turn away from you in case of law suite.
If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.
Also can you get in writing from you current employer that they will support you in case of law suite?
2011 Snowy Hut - Animated Wallpaper
gcisadawg
01-31 04:38 PM
In my opinion most people who are on H1 n IT with american companies, either got in there via OPT- H1 or H1 transfer.
That is very true! In very very extreme cases, you would find American companies recruiting directly from India for IT jobs! That may be like, one in 1000!
That is very true! In very very extreme cases, you would find American companies recruiting directly from India for IT jobs! That may be like, one in 1000!
more...
apahilaj
11-06 02:23 PM
dingudi,
I tend to disagree from you on your comment regarding a possible link between name check and FP. I think they are seperate processes and run in parallel - one does not depend on another. I've read somewhere that a guy's name check was initiated like a month before he went for his FP. He got that info from infopass appointment. Also, wouldn't the IOs mention about the pending name check if it was related to FP notice?
Regarding reaching a non TSC IO, I think is impossible since the call gets directed to TSC or NSC based on the receipt number that you key in when you call.
I agree with you that we'll end up getting the same damn letter as our friend about no appointment availabality at local ASC for our SR response. It seems to me that we have to try either the Infopass or just wait it out.
Has anyone thought about writing to ombdusman (if I spelled it correctly) about this FP notice issue or will that be not worth it?
I tend to disagree from you on your comment regarding a possible link between name check and FP. I think they are seperate processes and run in parallel - one does not depend on another. I've read somewhere that a guy's name check was initiated like a month before he went for his FP. He got that info from infopass appointment. Also, wouldn't the IOs mention about the pending name check if it was related to FP notice?
Regarding reaching a non TSC IO, I think is impossible since the call gets directed to TSC or NSC based on the receipt number that you key in when you call.
I agree with you that we'll end up getting the same damn letter as our friend about no appointment availabality at local ASC for our SR response. It seems to me that we have to try either the Infopass or just wait it out.
Has anyone thought about writing to ombdusman (if I spelled it correctly) about this FP notice issue or will that be not worth it?
dealsnet
04-22 07:34 AM
We the employment based immigrant community to do some thing to help his family. May be by contributions, and help his family to get his benefits from the company he worked, any insurance, IRA, 401K etc.....
Hiis spouse may not have the ability do these things from a foreign country. Some body from IV must contact his family now based in Sweden. This is my suggestion.
Guys,
I knew Mehul and his family. They migrated to Sweden late January and Mehul passed away peacefully in his sleep on March 2, 2008
Admins, please close/archive this thread. It's painful
Hiis spouse may not have the ability do these things from a foreign country. Some body from IV must contact his family now based in Sweden. This is my suggestion.
Guys,
I knew Mehul and his family. They migrated to Sweden late January and Mehul passed away peacefully in his sleep on March 2, 2008
Admins, please close/archive this thread. It's painful
more...
pani_6
12-12 09:29 PM
I posted to topic "My concern- Skill in 2009"...then came proud american..derailed us off track and then we forgot our route....now back to the route....what action are we talking to intorduce this Eb interm relief Bill in senate in Jan..I think we need an input from Core members about how to proceed here..
Each of us write to all out state senators and also important once like Nance pelosi, Mccain..so on...about providing some non-contraversial releif...we need to mention those and send LEGIBLE HAND WRITTEN LETTERS without spelling mistakes and send it fedex.....Send it during Chirstmas ...dot forget to mention God Bless America...just explain in simple words that we have been waiting for some relief from 2001 and have not seen any...please consider passing these non-contraversial issuses....I think they are reasonable and would agree....also mention that we have been dodged like a football saying skill/CIR and so on....
Better yet a skillfull person writing this and all of us using this...
Target is to intorduce the EB interm bill by End of Jan
Each of us write to all out state senators and also important once like Nance pelosi, Mccain..so on...about providing some non-contraversial releif...we need to mention those and send LEGIBLE HAND WRITTEN LETTERS without spelling mistakes and send it fedex.....Send it during Chirstmas ...dot forget to mention God Bless America...just explain in simple words that we have been waiting for some relief from 2001 and have not seen any...please consider passing these non-contraversial issuses....I think they are reasonable and would agree....also mention that we have been dodged like a football saying skill/CIR and so on....
Better yet a skillfull person writing this and all of us using this...
Target is to intorduce the EB interm bill by End of Jan
2010 3d wallpapers free download
kg318
04-20 10:00 PM
hi guyz,
Here u go. The company name is 3i Infotech Inc. based in NJ.
Here u go. The company name is 3i Infotech Inc. based in NJ.
more...
sankap
07-09 09:34 PM
Supreet:
Based on my extensive research on the topic:
1. You can safely take the 1099 contract offer on EAD. In case of an EVL RFE, your recruiting company (the one giving you paycheck) should be able to give you an EVL. As I've noted below, the job need *not* be "permanent," unlike what others have mentioned on this forum. The EVL needs to only mention your job title, duties, and start date, not salary (unless specifically asked for). You do *not* need to provide any paystubs.
2. For salary received on 1099, you'll file taxes as "self-employed." IRS website has extensive resources on filing as self-employed vs. LLC.
3. Under corp-to-cop arrangement, you need to have a tax ID. Many clients/"bodyshoppers" will only consider a C2C arrangement. You can either do this by setting up your own LLC OR by incorporating (as a C-corp or S-Corp--again refer to IRS website or PM me if you need more info) OR through another corporation (e.g., on someone holding your H1B (you being their W2 employee)--not needed in your case). You can file your taxes as a "Self-employed" on any of these options, and can also claim deductions on job-related expenses (e.g., mileage, travel+lodging if you're traveling out of town)--so these options are monetarily better than being on W2, which is working not as self-employed.
4. You're never needed to "file AC21." First, no USCIS resource mentions procedure for that. Second, you're are *not* required by USCIS to inform them of every job change if you're invoking AC21.
Bottom line: Go ahead with this opportunity on 1099, report this income as "Self-employed," deducting any job-related expenses, and ensure that the recruiting company will give you an EVL *if* needed. I'm *guessing* that if self-employed, you can also write your own EVL (stating start date as your W2-job layoff date and a "projected" yearly income, if asked for). In that case, registering your company with the county (~$20) or opening an LLC (~$400) may help. Last, no need to "file AC21" or inform the USCIS of your job change, since it's not required.
Thanks so much everyone for your replies. I am planning to go for this job, I guess it will be better to be self-employed rather than unemployed.
However, a few follow up questions.
1. I realize on 1099 I will not have any pay stubs or offer letter (as pointed by someone). How can I respond to a Employment Verification RFE? What documentory proof will I need to answer the RFE?
2. If I can get an offer letter for 'Contract to Hire' will that be an appropriate response to any potential EVL RFE? Will it be ok if the full time joing date is say 3 months from now? First 6 months on 1099 and then full time hire?
3. Is it better to go corp-to-corp through another vendor instead of 1099? That way I can have pay stubs/offer letter through a vendor company which will produce my pay stubs (even though I will lose about 20% of my billing rate)?
Just an additional detail, my job duties are going to be exactly same as what was approved on my labor.
Your help is highly appreciated.
Thanks!!
- S
Based on my extensive research on the topic:
1. You can safely take the 1099 contract offer on EAD. In case of an EVL RFE, your recruiting company (the one giving you paycheck) should be able to give you an EVL. As I've noted below, the job need *not* be "permanent," unlike what others have mentioned on this forum. The EVL needs to only mention your job title, duties, and start date, not salary (unless specifically asked for). You do *not* need to provide any paystubs.
2. For salary received on 1099, you'll file taxes as "self-employed." IRS website has extensive resources on filing as self-employed vs. LLC.
3. Under corp-to-cop arrangement, you need to have a tax ID. Many clients/"bodyshoppers" will only consider a C2C arrangement. You can either do this by setting up your own LLC OR by incorporating (as a C-corp or S-Corp--again refer to IRS website or PM me if you need more info) OR through another corporation (e.g., on someone holding your H1B (you being their W2 employee)--not needed in your case). You can file your taxes as a "Self-employed" on any of these options, and can also claim deductions on job-related expenses (e.g., mileage, travel+lodging if you're traveling out of town)--so these options are monetarily better than being on W2, which is working not as self-employed.
4. You're never needed to "file AC21." First, no USCIS resource mentions procedure for that. Second, you're are *not* required by USCIS to inform them of every job change if you're invoking AC21.
Bottom line: Go ahead with this opportunity on 1099, report this income as "Self-employed," deducting any job-related expenses, and ensure that the recruiting company will give you an EVL *if* needed. I'm *guessing* that if self-employed, you can also write your own EVL (stating start date as your W2-job layoff date and a "projected" yearly income, if asked for). In that case, registering your company with the county (~$20) or opening an LLC (~$400) may help. Last, no need to "file AC21" or inform the USCIS of your job change, since it's not required.
Thanks so much everyone for your replies. I am planning to go for this job, I guess it will be better to be self-employed rather than unemployed.
However, a few follow up questions.
1. I realize on 1099 I will not have any pay stubs or offer letter (as pointed by someone). How can I respond to a Employment Verification RFE? What documentory proof will I need to answer the RFE?
2. If I can get an offer letter for 'Contract to Hire' will that be an appropriate response to any potential EVL RFE? Will it be ok if the full time joing date is say 3 months from now? First 6 months on 1099 and then full time hire?
3. Is it better to go corp-to-corp through another vendor instead of 1099? That way I can have pay stubs/offer letter through a vendor company which will produce my pay stubs (even though I will lose about 20% of my billing rate)?
Just an additional detail, my job duties are going to be exactly same as what was approved on my labor.
Your help is highly appreciated.
Thanks!!
- S
hair 3D Beach vista wallpaper
justAnotherFile
07-02 09:31 AM
Type: Package
Status: In Transit - On Time
Scheduled Delivery: 07/02/2007
Shipped to: DALLAS, TX, US
Shipped or Billed on: 06/29/2007
Service Type: NEXT DAY AIR
still waiting...UPS has said it will be delivered before 10:30 AM EST if it is a business
Status: In Transit - On Time
Scheduled Delivery: 07/02/2007
Shipped to: DALLAS, TX, US
Shipped or Billed on: 06/29/2007
Service Type: NEXT DAY AIR
still waiting...UPS has said it will be delivered before 10:30 AM EST if it is a business
more...
apb
09-07 02:53 PM
Scene at Consulate
IO:--> Dear applicant, You can apply for a long process to getting your PR/GC and here are the deals. Apply with high fees. Get RFE answered within limited time frame or loose. Wait for labor (go through labor pain..:-) ), do not get/expect promotion, Oh ya get your well educated spouse, Make them sit at home, make them feel unproductive, pay all your taxes, pay your social security BUT do not expect anything back, In the process if your kids age out separate them from you (send them back), If you wish to study pay highest fees, if you get promoted stand in queue again, pay frequent medical fees, AP, EAD fees, and yes YOU can always TRACK RNs for them. You can whine, post your opinions, when we change policies on the fly and create more hardships even if you have stayed here for more than 6 years, you can call up our customer service, be imaginative and get to level 2 and still get yelled at, asked to wait for 90 days (std reply), etc, but you can always go to good forum like IV and instead of working on your cause, create confusion, DEMAND action, not contribute....etc.
H1B applicant:--> SO WHAT IS THE CATCH.
IO:--> YOU THA MAN. Welcome to USA. Land of the free home of the brave. But for you there will be no freedom and for your type..stay in fear.
------------------------------------------------------------------------
IO:--> Dear applicant, You can apply for a long process to getting your PR/GC and here are the deals. Apply with high fees. Get RFE answered within limited time frame or loose. Wait for labor (go through labor pain..:-) ), do not get/expect promotion, Oh ya get your well educated spouse, Make them sit at home, make them feel unproductive, pay all your taxes, pay your social security BUT do not expect anything back, In the process if your kids age out separate them from you (send them back), If you wish to study pay highest fees, if you get promoted stand in queue again, pay frequent medical fees, AP, EAD fees, and yes YOU can always TRACK RNs for them. You can whine, post your opinions, when we change policies on the fly and create more hardships even if you have stayed here for more than 6 years, you can call up our customer service, be imaginative and get to level 2 and still get yelled at, asked to wait for 90 days (std reply), etc, but you can always go to good forum like IV and instead of working on your cause, create confusion, DEMAND action, not contribute....etc.
H1B applicant:--> SO WHAT IS THE CATCH.
IO:--> YOU THA MAN. Welcome to USA. Land of the free home of the brave. But for you there will be no freedom and for your type..stay in fear.
------------------------------------------------------------------------
hot Animated Wallpaper: Watery
makemygc
08-01 05:11 PM
If anyone's I140 is pending at NSC, they thinks otherwise. You will feel other lanes are fast except one which you are. :D it's humane nature and It's ok to vent. you will feel better.;)
But the whole process of sending to NSC and then transferring it to TSC is ridiculous..just waste of resources and time. Althought, they have realized the mistake and now allowing for direct filing.
But the whole process of sending to NSC and then transferring it to TSC is ridiculous..just waste of resources and time. Althought, they have realized the mistake and now allowing for direct filing.
more...
house Animated Love Wallpapers for
nk2006
10-05 10:01 AM
When is the next congress session? is it in Nov/Dec (the so called lame-duck session). I am wondering about chances of having some immigration measures during that session. Being a lame-duck session, do congressmen can take up a serious measure like immigration for discussion (either CIR or SKIL)? If not - is it possible to introduce some highly desirable stop-gap measures like: ability to apply for 485 during retrogession; recapturing the unused visa numbers from previous years with soft country limits (as is done a few years back); and faster backlog reduction at BEC�s. In short I am wondering about our strategy for next 4-5 months; and is there a hope - however small it maybe � hope of getting something done this year; Or our only hope is with next congress?
Talking about next congress - I was wondering about what is the best outcome for us during elections? Does democrats getting majority in both houses is better for us or is it other way? Or a combo is best for us (democrat majority in house with republican majority in senate).
Statutory warning: I know this post is full of questions of general nature (i.e. there is no definite answer). I am posting to discuss/speculate the chances of any immig measures making it in �06 or early �07.
Talking about next congress - I was wondering about what is the best outcome for us during elections? Does democrats getting majority in both houses is better for us or is it other way? Or a combo is best for us (democrat majority in house with republican majority in senate).
Statutory warning: I know this post is full of questions of general nature (i.e. there is no definite answer). I am posting to discuss/speculate the chances of any immig measures making it in �06 or early �07.
tattoo GenXstation - 3D Wallpapers
indigo10
11-17 06:19 PM
Done, Thanks.
Sent to my friends too.
Sent to my friends too.
more...
pictures Animated Love Wallpapers for
gc28262
06-28 09:33 AM
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
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.
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
desi3933,
Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
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
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.
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
desi3933,
Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
dresses Free wallpapers are very easy
ChampU2008
11-18 10:30 AM
Thank you for your letter regarding the Development, Relief, and Education for Alien Minors (DREAM) Act of 2009 (S. 729). As always, I value your input on this and other issues, and strive to keep you updated on the important issues facing us today.
On March 26, 2009, the DREAM Act was introduced by Senator Richard Durbin (D-IL). This bill would authorize the Secretary of the Department of Homeland Security to cancel the removal of, and give conditional permanent resident status to, an alien who entered the U.S. prior to his or her 16th birthday and has lived in the U.S. for a period of 5 years. Such a resident must also meet other requirements, such as be judged to be of good moral character, not inadmissible or deportable under the Immigration and Nationality Act, be admitted to a higher education institution or have completed high school or the equivalent, never been under a final order of deportation, and be under 35 years of age at the time of this Act�s enactment.
Furthermore, the DREAM Act sets parameters for conditional permanent resident status, and the process by which one transitions from conditional to permanent residency status. Under S. 729, an undocumented alien would also be authorized to petition the Secretary for conditional permanent residency if that individual has satisfied all of the above requirements prior to the enactment of the Act. Currently, S. 729 is before the Senate Committee on the Judiciary where it awaits further consideration. While I am not a member of this committee, I will certainly monitor the progress of this bill.
As you may know, Majority Leader Harry Reid (D-NV) announced on September 14, 2010, that he would offer the DREAM Act as an amendment to the Fiscal Year (FY) 2011 Defense Authorization bill (S. 3454) as well as not allow a fair and open debate on the bill. I was disappointed that he chose to play politics with necessary support for our troops and national defense by trying to tack on the DREAM Act, which is unrelated to the daily operations of the Department of Defense. I remain committed to reforming our legal immigration system and streamlining the legal process; however, I have consistently opposed proposals that extend taxpayer benefits to those here illegally or give incentives for illegal immigration. On September 21, 2010, the Senate voted 56 to 43, where 60 affirmative votes were needed, not to move forward with debate on the Defense Authorization bill. I joined colleagues from both sides of the aisle to oppose this vote.
Again, thank you for sharing your views with me. As the legislative process moves forward, I will keep your thoughts in mind. If I can be of further assistance, do not hesitate to contact me or visit my website at www.scottbrown.senate.gov.
Sincerely,
Scott P. Brown
United States Senator
Huh? Not a word about our plea for Legal immigrants??
On March 26, 2009, the DREAM Act was introduced by Senator Richard Durbin (D-IL). This bill would authorize the Secretary of the Department of Homeland Security to cancel the removal of, and give conditional permanent resident status to, an alien who entered the U.S. prior to his or her 16th birthday and has lived in the U.S. for a period of 5 years. Such a resident must also meet other requirements, such as be judged to be of good moral character, not inadmissible or deportable under the Immigration and Nationality Act, be admitted to a higher education institution or have completed high school or the equivalent, never been under a final order of deportation, and be under 35 years of age at the time of this Act�s enactment.
Furthermore, the DREAM Act sets parameters for conditional permanent resident status, and the process by which one transitions from conditional to permanent residency status. Under S. 729, an undocumented alien would also be authorized to petition the Secretary for conditional permanent residency if that individual has satisfied all of the above requirements prior to the enactment of the Act. Currently, S. 729 is before the Senate Committee on the Judiciary where it awaits further consideration. While I am not a member of this committee, I will certainly monitor the progress of this bill.
As you may know, Majority Leader Harry Reid (D-NV) announced on September 14, 2010, that he would offer the DREAM Act as an amendment to the Fiscal Year (FY) 2011 Defense Authorization bill (S. 3454) as well as not allow a fair and open debate on the bill. I was disappointed that he chose to play politics with necessary support for our troops and national defense by trying to tack on the DREAM Act, which is unrelated to the daily operations of the Department of Defense. I remain committed to reforming our legal immigration system and streamlining the legal process; however, I have consistently opposed proposals that extend taxpayer benefits to those here illegally or give incentives for illegal immigration. On September 21, 2010, the Senate voted 56 to 43, where 60 affirmative votes were needed, not to move forward with debate on the Defense Authorization bill. I joined colleagues from both sides of the aisle to oppose this vote.
Again, thank you for sharing your views with me. As the legislative process moves forward, I will keep your thoughts in mind. If I can be of further assistance, do not hesitate to contact me or visit my website at www.scottbrown.senate.gov.
Sincerely,
Scott P. Brown
United States Senator
Huh? Not a word about our plea for Legal immigrants??
more...
makeup Download Free
desi3933
06-28 11:07 AM
desi - You seem to have in depth knowledge in this. All your posts put together gives the complete picture.
Thanks so much, for your kind words.
If not in IT field, I would have been in Immigration Law field.
.
Thanks so much, for your kind words.
If not in IT field, I would have been in Immigration Law field.
.
girlfriend Animated 3d Wallpaper Free
glus
05-23 11:26 AM
Fax numbers to key senators in DC offices:
Clinton: 202-228-2082
Schumer: 202-228-3027
Lott: 202-224-2262
Reid: 202-224-7327
Cornyn: 202-228-2856
Hagel: 202-224-5213
Martinez: 202-228-5171
McConnell: 202-224-2499
Kennedy: 202-224-2417
I faxed them....do it tooo......its for our good and our future.
Clinton: 202-228-2082
Schumer: 202-228-3027
Lott: 202-224-2262
Reid: 202-224-7327
Cornyn: 202-228-2856
Hagel: 202-224-5213
Martinez: 202-228-5171
McConnell: 202-224-2499
Kennedy: 202-224-2417
I faxed them....do it tooo......its for our good and our future.
hairstyles Download this free animated
bestofall
11-17 03:32 PM
Sent the email to FL
snelakan
06-13 11:04 AM
Hey all,
Got the receipt notice today...
Application date 06/01
RD 06/05
Service Center - NSC
My lawyers received the receipt number through mail. You guys should be getting is soon.
Got the receipt notice today...
Application date 06/01
RD 06/05
Service Center - NSC
My lawyers received the receipt number through mail. You guys should be getting is soon.
approvemy485
05-23 11:06 AM
Guys,
I changed "job mobility and qualify of life " to "job mobility and quality of life".
You may want to change it in your emails too.
I changed "job mobility and qualify of life " to "job mobility and quality of life".
You may want to change it in your emails too.
No comments:
Post a Comment