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 ?
wallpaper kabul map 2010.
mirage
03-16 11:09 AM
They recaptured unused Visas once, somewhere in 1997 I'm not sure exactly when it happened, but that took care of the backlog then.
The main thing which we are struggling with are the 200K H1B between 1999 & 2001 and one more reason is 245i cases. In the year 2001 Clinton Administration gave Amnesty to Illegals, they were given opportunity to file their 485s with PD of April'2001...Now this is controversial, as I have even asked few lawyers about which categoy they fell in ? Some says 'EB-3' other says 'Other Workers' Category.
If it is EB-3 you know the answer why the dates haven't passed the big hump of 2001 in last 4 years...
Good discussion.
But even if it was 65000, from India, I'm sure most of them took a big slice, lets say 30%= 20,000 H1 visas. And did the 7% quota formula might have existed at that time too. If so, even then there must be quite a big line. Why were things current at any point, they must not be going by these numbers, and even assuming they did the processing without visa losses.
The main thing which we are struggling with are the 200K H1B between 1999 & 2001 and one more reason is 245i cases. In the year 2001 Clinton Administration gave Amnesty to Illegals, they were given opportunity to file their 485s with PD of April'2001...Now this is controversial, as I have even asked few lawyers about which categoy they fell in ? Some says 'EB-3' other says 'Other Workers' Category.
If it is EB-3 you know the answer why the dates haven't passed the big hump of 2001 in last 4 years...
Good discussion.
But even if it was 65000, from India, I'm sure most of them took a big slice, lets say 30%= 20,000 H1 visas. And did the 7% quota formula might have existed at that time too. If so, even then there must be quite a big line. Why were things current at any point, they must not be going by these numbers, and even assuming they did the processing without visa losses.
morchu
05-08 03:46 PM
Just want to highlight a positive point. June visa bulletin shows that NONE of the visas (or very negligible) are going to be wasted this fiscal year for India. Shows increased USCIS efficiency. Hopefully it will be true for World and China as well.
2011 Taliban denounces Kabul
sledge_hammer
02-12 01:03 PM
I said "high standards" not "high moral standards" in my first sentence. I can point you to some of your posts when you use 'foul' language even when not attacked.
In that case I have to ask you this - what makes you think I am "imposing" (whatever THAT means) high standards on myself? Were you trying to shoot down my arguments by false accusations? I am maintaining the same "standard" as the next guy.
Allow me to quote your earlier post "I came to this country with the intention of studying and then working,"....sounded like you had the intention of studying and then working before you headed out here. freudian slip ??? :)
If you read my previous post with attention, you'll see that I have said I did not convey my intentions clearly. So again, if you're simply trying to shoot down what ever I am saying, well, I really can't stop you. You can keep going back to the same topic over and over again, but it will not prove your accusations!
In that case I have to ask you this - what makes you think I am "imposing" (whatever THAT means) high standards on myself? Were you trying to shoot down my arguments by false accusations? I am maintaining the same "standard" as the next guy.
Allow me to quote your earlier post "I came to this country with the intention of studying and then working,"....sounded like you had the intention of studying and then working before you headed out here. freudian slip ??? :)
If you read my previous post with attention, you'll see that I have said I did not convey my intentions clearly. So again, if you're simply trying to shoot down what ever I am saying, well, I really can't stop you. You can keep going back to the same topic over and over again, but it will not prove your accusations!
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sam2006
07-20 03:57 PM
I am willing to Contribute $150 for Aman.
thank you venkat
thank you venkat
Munna Bhai
08-14 08:52 AM
All,
i received approval for EAD today for myself and wife See sig for details.
congrats, looks like things are moving
i received approval for EAD today for myself and wife See sig for details.
congrats, looks like things are moving
more...
cool_desi_gc
03-25 09:02 PM
Dec 2002...This calendar year..You made my day.
PD: Dec 2002 EB3 India
PD: Dec 2002 EB3 India
2010 2010 of modern-day Kabul City
Maverick1
09-30 01:44 AM
You might need additional documentation only in cases of RFE. In most cases there are no RFEs. I know a friend of mine was job less for a year and changed 2 jobs under AC21(with different salary ranges ) after applying 485. Never informed USCIS (I guess it is not mandatory). He got his GC recently. He probably would have faced difficulty if there were any RFEs.
One should be okay as long as the following are met :
1) 180 days sice I485 RD
2) Approved I140 (Some say approvable , but safe it is already approved)
3) New job is substantially similar.
Again it was not clearly defined what is substantially similar and I don't think there is any hard and fast rule about the salary changes. That leaves a lot to the discretion of the adjudicating officer. That is why it is important that (s)he trust the original intent of the beneficiary to join the employer and employers intent to recruit the beneficiary.
There must be a memo with some clarifications in this regard.
My 2 cents :)
One should be okay as long as the following are met :
1) 180 days sice I485 RD
2) Approved I140 (Some say approvable , but safe it is already approved)
3) New job is substantially similar.
Again it was not clearly defined what is substantially similar and I don't think there is any hard and fast rule about the salary changes. That leaves a lot to the discretion of the adjudicating officer. That is why it is important that (s)he trust the original intent of the beneficiary to join the employer and employers intent to recruit the beneficiary.
There must be a memo with some clarifications in this regard.
My 2 cents :)
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sirinme
01-24 06:01 PM
Any time your job responsibilities change on paper, that could be a risky proposition, I think. An architect's role is a lot different from that of a programmer analyst. So unless the original job description for programmer analyst is too broad in its wording, you might be in for trouble.
Thanks SIRINEME for Sharing your experiance.
Quick Question though,
What Happens if you are offered Higher Position then the responsibility listed in Job descirption? For eg. Lots of perople apply for Programmer/Analyst Position and over the years of cumulative experiance he is offered Architect Position.
Thanks,
Thanks SIRINEME for Sharing your experiance.
Quick Question though,
What Happens if you are offered Higher Position then the responsibility listed in Job descirption? For eg. Lots of perople apply for Programmer/Analyst Position and over the years of cumulative experiance he is offered Architect Position.
Thanks,
hair wallpaper 2010 Kabul City
amitjoey
11-17 03:45 PM
Done
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snathan
02-10 10:25 AM
dcu bill payer needs phone number for iv.
Can someone post tel# for iv ?
(202) 386-6250
Can someone post tel# for iv ?
(202) 386-6250
hot Kabul: City Number One - Part
dingudi
05-21 10:04 AM
All who are still waiting for FP, a suggestion based on my personal experience. If you are calling TSC, then it will not make any difference as you will not receive FP notice even after calling and waiting for months. I would suggest take Infopass and get the FP scheduled. For NSC, sometimes if you get nice IO they may schedule you right away and tell you the date of FP on the phone itself. This info is all based on my past experiences of reading various threads and calling TSC. So I am not sure what the trend is right now.
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house RIOTING IN KABUL AFTER U.S.
abracadabra
07-07 10:52 PM
Hope somebody is serious out there, just kidding
tattoo Kabul City
aj1234567
10-04 06:16 PM
Hi
Any body got finger print appointment letter who filed on Aug3.
Thanks
AJ
Any body got finger print appointment letter who filed on Aug3.
Thanks
AJ
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pictures wallpaper Kabul city May 12,
mygoodluck
08-13 04:03 PM
SRC is always Texas , LIN is Nebraska. Also when you input the receipt number in USCIS case status website it tells you which center this application is with.
I understand that. What I wanted to know was what number you have? SRC or LIN? And also to confirm, if it was cashed by TSC? and not the case that it was cashed by NSC and then scheduled to be transfer to TSC?
As you had said "I think it got transferred to TSC". You mean it really got? or you think?
Thanks
I understand that. What I wanted to know was what number you have? SRC or LIN? And also to confirm, if it was cashed by TSC? and not the case that it was cashed by NSC and then scheduled to be transfer to TSC?
As you had said "I think it got transferred to TSC". You mean it really got? or you think?
Thanks
dresses pictures Kabul city May 12,
waiting for GC2010
11-17 09:50 PM
Done
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makeup shop in Kabul#39;s old city
logiclife
10-08 02:52 PM
What is wrong if people want USCIS to process EB based I485 strictly on PD as per the law. You may claim that is what they are doing, but it is not true all of us know that. This whole thing is working like the GC lottery with more complexity.
I would say IV should make PD based processing as the top most priority in their agenda. This is the simplest thing that can be acheived. Asking USCIS to follow the rules is not as complex as lobbying for ending GC backlog.
People coming up with points of legal stay and other things are just frustated with the system, they want something which is more predictable in the current process not just eliminating GC backlog due to visa numbers.
Asking people to attend state chapters and asking people to contribute is ok, but trying to shutdown peoples thoughts just because they are not the same as someone elses in not right
Firstly, no one can shut down thoughts. They are inside your head. What I am saying is that match your thoughts with your actions, not just expression of thoughts. If you want to express your ideas and thoughts, do it in a way that its heard by people that matter. Your ideas and thoughts heard by other people like you is meaningless. If you can match ACTIONS to propogate your thoughts, by hauling your ass to Washington DC, spending some $$ out of pocket on travel to DC and meeting with a few of the 535 offices, then it matters. Otherwise your idea is not worth 2 cents sitting on forums read by people who are not legislators.
Secondly, YOU THINK that asking USCIS to follow the rules is easier than changing rules (thru legislation). That's because , you and many others like you, think of Government function as if its an IT project. Occupational hazard. That is not how the Government works. The reason they dont follow the rules is because they (1) dont care and (2) are not accountable. USCIS and its non-FIFO procedures, FBI namecheck delays, backlogs in receipting and adjudication of 140 (Atlanta PERM) etc is something that congress cannot fix. USCIS, FBI report to DHS and DOJ respectively and they in turn, report to the White House. Congress can rarely make them work better and make them answer for mistakes, as congress can only do "Oversight" hearings on them. Haul an agency or department head in front of a committee and ask questions (pre submitted). And ask them questions. Make some show on CSPAN. At the end of the day, if Administration tell congress - "GET LOST, mind your own business, this is the best we can do and we are doing it", then congress cannot do anything. Other than impeaching someone. No one is going to impeach Mike Chertoff because one of his agencies (USCIS) is not doing FIFO on something called 485 (which no one in DC knows what it is).
Congressional input rarely works. Example: Intervention of Congress during July bulletin. You know why? Because Congress HAD TO DO IT because of the uproar. I dont see any uproar and your issues like "there is no FIFO", "My PERM is stuck in Atlant for 6 months", or "I am stuck in namecheck for 4 years".
These things need lobbying the Administration. Lobbying the administration is MUCH MORE DIFFICULT and EXPENSIVE than lobbying congress. Why? Because each office of Congress has a boss that faces elections very often. Every 2 years in House and every 6 years in the Senate. Plus they have 535 offices (435 in House, 100 in senate). That means easier access. On the other hand, there is only one office heading USCIS, office of Emelio Gonzalez, and only one Michael Chertoff and only one DOJ and its FBI. So the access of more difficult and lobbying is more expensive.
When it comes to administration, you have limited leverage. Other than 2 people in the entire administration, no one is getting job by elections. The only 2 positions in this branch of Government that are elected and directly accountable to people are President and Vice President. Mike Chertoff of DHS or Emelio Gonzalez of USCIS wont lose next election coz those are on appointed positions not elected positions. Which also means that they dont have to worry about making people angry.
So you see, ASKING for good things like FIFO and Faster namecheck is great in theory. But please understand, from a civic lession viewpoint, the 3 branches of government viewpoint and then make suggestions.
Is Immigration Voice an organization that can raise 100,000 a month each month? NO. Not right now. Right now, people are busy checking their mailboxes for EAD cards. Out of 23,000 registered members, if each contribute $5 a month (equivalent to a burger, fries and coke), it is 100,000 a month. But it wont happen.
So until that happens, feel free to express your thoughts and opinions and brilliant ideas and happy forum discussion. If that's what makes you all happy and content.
I would say IV should make PD based processing as the top most priority in their agenda. This is the simplest thing that can be acheived. Asking USCIS to follow the rules is not as complex as lobbying for ending GC backlog.
People coming up with points of legal stay and other things are just frustated with the system, they want something which is more predictable in the current process not just eliminating GC backlog due to visa numbers.
Asking people to attend state chapters and asking people to contribute is ok, but trying to shutdown peoples thoughts just because they are not the same as someone elses in not right
Firstly, no one can shut down thoughts. They are inside your head. What I am saying is that match your thoughts with your actions, not just expression of thoughts. If you want to express your ideas and thoughts, do it in a way that its heard by people that matter. Your ideas and thoughts heard by other people like you is meaningless. If you can match ACTIONS to propogate your thoughts, by hauling your ass to Washington DC, spending some $$ out of pocket on travel to DC and meeting with a few of the 535 offices, then it matters. Otherwise your idea is not worth 2 cents sitting on forums read by people who are not legislators.
Secondly, YOU THINK that asking USCIS to follow the rules is easier than changing rules (thru legislation). That's because , you and many others like you, think of Government function as if its an IT project. Occupational hazard. That is not how the Government works. The reason they dont follow the rules is because they (1) dont care and (2) are not accountable. USCIS and its non-FIFO procedures, FBI namecheck delays, backlogs in receipting and adjudication of 140 (Atlanta PERM) etc is something that congress cannot fix. USCIS, FBI report to DHS and DOJ respectively and they in turn, report to the White House. Congress can rarely make them work better and make them answer for mistakes, as congress can only do "Oversight" hearings on them. Haul an agency or department head in front of a committee and ask questions (pre submitted). And ask them questions. Make some show on CSPAN. At the end of the day, if Administration tell congress - "GET LOST, mind your own business, this is the best we can do and we are doing it", then congress cannot do anything. Other than impeaching someone. No one is going to impeach Mike Chertoff because one of his agencies (USCIS) is not doing FIFO on something called 485 (which no one in DC knows what it is).
Congressional input rarely works. Example: Intervention of Congress during July bulletin. You know why? Because Congress HAD TO DO IT because of the uproar. I dont see any uproar and your issues like "there is no FIFO", "My PERM is stuck in Atlant for 6 months", or "I am stuck in namecheck for 4 years".
These things need lobbying the Administration. Lobbying the administration is MUCH MORE DIFFICULT and EXPENSIVE than lobbying congress. Why? Because each office of Congress has a boss that faces elections very often. Every 2 years in House and every 6 years in the Senate. Plus they have 535 offices (435 in House, 100 in senate). That means easier access. On the other hand, there is only one office heading USCIS, office of Emelio Gonzalez, and only one Michael Chertoff and only one DOJ and its FBI. So the access of more difficult and lobbying is more expensive.
When it comes to administration, you have limited leverage. Other than 2 people in the entire administration, no one is getting job by elections. The only 2 positions in this branch of Government that are elected and directly accountable to people are President and Vice President. Mike Chertoff of DHS or Emelio Gonzalez of USCIS wont lose next election coz those are on appointed positions not elected positions. Which also means that they dont have to worry about making people angry.
So you see, ASKING for good things like FIFO and Faster namecheck is great in theory. But please understand, from a civic lession viewpoint, the 3 branches of government viewpoint and then make suggestions.
Is Immigration Voice an organization that can raise 100,000 a month each month? NO. Not right now. Right now, people are busy checking their mailboxes for EAD cards. Out of 23,000 registered members, if each contribute $5 a month (equivalent to a burger, fries and coke), it is 100,000 a month. But it wont happen.
So until that happens, feel free to express your thoughts and opinions and brilliant ideas and happy forum discussion. If that's what makes you all happy and content.
girlfriend 2010 View of Kabul city from
apahilaj
11-06 02:53 PM
Hi
I have opened up 2 SR's & have taken 2 info-passes till now but I haven't received my FP yet.
GCcomesoon
Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
LUD in my case - I131 - 7/10/07, approved - 7/24/07
LUD in my case - 1131,485,765, - 7/11/07
LUD in spouse's case - I131-7/11/07
EAD cleared for spouse - 08/20/07
FP for spouse - 08/08/07 , I rescheduled it.
FP scheduled - 10/03/07 - Done
AP approved for spouse - 09/12/07
EAD aproved - 10/25/2007 - for me
FP for me- ??????
Thanks
GCcomesoon
Hi
What did the infopass appointment tell you? Were the officers knew what they were talking about?
Thanks.
I have opened up 2 SR's & have taken 2 info-passes till now but I haven't received my FP yet.
GCcomesoon
Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
LUD in my case - I131 - 7/10/07, approved - 7/24/07
LUD in my case - 1131,485,765, - 7/11/07
LUD in spouse's case - I131-7/11/07
EAD cleared for spouse - 08/20/07
FP for spouse - 08/08/07 , I rescheduled it.
FP scheduled - 10/03/07 - Done
AP approved for spouse - 09/12/07
EAD aproved - 10/25/2007 - for me
FP for me- ??????
Thanks
GCcomesoon
Hi
What did the infopass appointment tell you? Were the officers knew what they were talking about?
Thanks.
hairstyles and Kabul City Ruins,
gcgcgcgc
09-21 12:52 PM
I got my receipt notices (485,765,131) yesterday. I had my 140 approved from Texas. Lawyer filed 485 package on July 17th to Texas. I got my receipt notices on 09/18/07 from Nebraska.
kg318
04-19 10:01 PM
I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
flthere
07-21 01:08 PM
I see that the minimum contribution to IV is $50. Any chance that IV will make it $20 and see how many new contributions it will get to see?
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