ponvas
10-09 12:23 PM
Action item for IV, besides visa recapturing etc. Its one of the items they
should add to there agenda.
Who are you to dictate how they should process? It should be their preference.
should add to there agenda.
Who are you to dictate how they should process? It should be their preference.
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reddymjm
02-17 12:29 PM
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gc28262
06-27 09:53 PM
Could you please show us, where in the link you provided, H-1B applicant needs to treated equally for job hiring as compared to GC and EAD workers.
EOE deals with equality (i.e. equal opportunities) for hiring, job promotion, and firing.
IRC Act 1985 deals with unlawful employment of aliens, unfair immigration-related employment practices, and fraud & misuse of certain immigration-related documents.
Two different things.
However, once H-1B applicant is hired, he/she is protected just like any other worker, for job promotions, training, and other work conditions. But employer is under no obligation to extend H-1B beyond any initial H-1B petition date. And, yes, H-1B can also be fired at will*, just like any other worker.
_________________________
Not a legal advice
US citizen of Indian origin
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.
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 hoder.
EOE deals with equality (i.e. equal opportunities) for hiring, job promotion, and firing.
IRC Act 1985 deals with unlawful employment of aliens, unfair immigration-related employment practices, and fraud & misuse of certain immigration-related documents.
Two different things.
However, once H-1B applicant is hired, he/she is protected just like any other worker, for job promotions, training, and other work conditions. But employer is under no obligation to extend H-1B beyond any initial H-1B petition date. And, yes, H-1B can also be fired at will*, just like any other worker.
_________________________
Not a legal advice
US citizen of Indian origin
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.
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 hoder.
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sai948
04-05 11:30 PM
I opened a SR for non receipt of my FP notice, on 30Oct2007. I got a reply from USCIS exactly after 45 days ( very prompt) notifying me that " my FP has not yet expired or my FP is not yet cleared". Certainly this looks like a canned reply from USCIS which was sent even without looking at my file. I guess they should be more transparent in their process than just sending plain lies.
I also got the same message. NO FP after 2 SR & 1 info pass (case transferred from NSC to TSC).
I also got the same message. NO FP after 2 SR & 1 info pass (case transferred from NSC to TSC).
more...
bheemi
06-21 09:18 AM
I would request IV core team to concentrate on new bill or some way for relief to skilledworkers like us. I dont think waiting until end of July is good option here. It is certain that CIR is not going to be there for this year..whole US world is thinking of same.
Further request to IV core team to work on some thing different for relief for skilled workers
Further request to IV core team to work on some thing different for relief for skilled workers
saisujatha123
05-13 12:32 PM
Not sure Why IV Core should respond when a category goes off... They are working united for all overall suffering and pain for all categories...
What is IV Core? Sorry! I am new to this forum.I meant the flower campaign for all employment(Eb2 and Eb3) categories
What is IV Core? Sorry! I am new to this forum.I meant the flower campaign for all employment(Eb2 and Eb3) categories
more...
tempgc
07-02 04:16 PM
Wondering whether USCIS accepting application now ?
Does any one's courier accepted after 12 PM this afternoon ?
Does any one's courier accepted after 12 PM this afternoon ?
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ronhira
09-24 03:54 PM
A person has been with a company for 10 years as a Test Lead and is promoted to a position of a manager and the Lead expects that on the first day of being a manager he wants all the rights and benefits of being a manager for 10 years even though he has been a lead for all of those 10 years.
just when i thought that i've seen everything insane possible on this forum...... u break the new barrier..... to boldly go where no man has gone before......
jindhal,
daal roti khao aur prabhu kee guun gao......
(translation: eat & live simple and thank the lord)
what is this analogy none sense..... u'r a disgrace to eb2...... date porting is codified in the law..... no one can change it but congress....... the problem with congress is that it cannot agree with anything related to immigration...... let's say they decide to do just one thing, just one....... do u truly believe that anybody other than u on this planet would care to stop porting of eligible applicants to eb2?...... pls keep me posted if you send out any communication to anyone for stopping porting.... becoz i'll send double the number of emails and letters to keep porting in place.....
i do have a suggestion for u...... if everyone is porting from eb3 to eb2..... maybe u should stay ahead of the curve and port from eb2 to eb3...... then u will be the only applicants left in entire eb3..... :rolleyes:
just when i thought that i've seen everything insane possible on this forum...... u break the new barrier..... to boldly go where no man has gone before......
jindhal,
daal roti khao aur prabhu kee guun gao......
(translation: eat & live simple and thank the lord)
what is this analogy none sense..... u'r a disgrace to eb2...... date porting is codified in the law..... no one can change it but congress....... the problem with congress is that it cannot agree with anything related to immigration...... let's say they decide to do just one thing, just one....... do u truly believe that anybody other than u on this planet would care to stop porting of eligible applicants to eb2?...... pls keep me posted if you send out any communication to anyone for stopping porting.... becoz i'll send double the number of emails and letters to keep porting in place.....
i do have a suggestion for u...... if everyone is porting from eb3 to eb2..... maybe u should stay ahead of the curve and port from eb2 to eb3...... then u will be the only applicants left in entire eb3..... :rolleyes:
more...
gcisadawg
03-06 06:22 PM
I find the second proposal very reasonable. If anyone is waiting for more than 5 years, then make that person exempt from country quota.
I'm not saying this because I've already waited five years. It makes sense to flush out oldest PD in the system. This would give people an idea about the wait time.
I'm fine even it is made to say, 6 or 7 years......We just need to know what to expect and how long to wait rather than being subjected to the whims and fancies of politicians and vagaries of the economic boom and bust!
Whether, it is 5,6 or 7 years can be debated but a reasonable time frame would really help.
When the spill over happened based on PD, it was doing exactly that; the oldest applicants ( who were typically EB3 I/C) were flushed out of the system.
When the criteria got changed (fEB category first and then PD), the applicants with oldest PDs were made to wait even longer.
I dont expect a GC before 2010. That would make about 8 years with multiple boom and bust. When the economy is bad, we need to be free to look for other jobs. With the shackle of visa sponsorship, one would easily become a viction of a recession.
I know few of my friend who went back in 2001 - 2002. I was fortunate to survive then....Not sure what is in store now......
-G
I'm not saying this because I've already waited five years. It makes sense to flush out oldest PD in the system. This would give people an idea about the wait time.
I'm fine even it is made to say, 6 or 7 years......We just need to know what to expect and how long to wait rather than being subjected to the whims and fancies of politicians and vagaries of the economic boom and bust!
Whether, it is 5,6 or 7 years can be debated but a reasonable time frame would really help.
When the spill over happened based on PD, it was doing exactly that; the oldest applicants ( who were typically EB3 I/C) were flushed out of the system.
When the criteria got changed (fEB category first and then PD), the applicants with oldest PDs were made to wait even longer.
I dont expect a GC before 2010. That would make about 8 years with multiple boom and bust. When the economy is bad, we need to be free to look for other jobs. With the shackle of visa sponsorship, one would easily become a viction of a recession.
I know few of my friend who went back in 2001 - 2002. I was fortunate to survive then....Not sure what is in store now......
-G
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piyushvora
02-10 05:11 PM
I just contributed $20 via paypal.
more...
anzerraja
07-19 08:58 PM
Thanks for your prompt response.
Will do it shortly
Goto this link https://www.google.com/accounts/ServiceLogin?service=writely&passive=true&continue=http%3A%2F%2Fdocs.google.com%2F&followup=http%3A%2F%2Fdocs.google.com%2F<mpl=homepage&nui=1
and click create account now link. Enter your existing email address. For this purpose you can create one yahoo id and use that id with password you have given. you are all set.
You would get an email to verify your email address. Once email address is verified. You can use the email id and password to login to google excel.
create an excel and share it. in the share page check the radio button "as collaborators" and check "Anyone can view this document at:" checkbox and paste the link you under that check box in this forum. Hope this helps. If you need further help, let me know
Will do it shortly
Goto this link https://www.google.com/accounts/ServiceLogin?service=writely&passive=true&continue=http%3A%2F%2Fdocs.google.com%2F&followup=http%3A%2F%2Fdocs.google.com%2F<mpl=homepage&nui=1
and click create account now link. Enter your existing email address. For this purpose you can create one yahoo id and use that id with password you have given. you are all set.
You would get an email to verify your email address. Once email address is verified. You can use the email id and password to login to google excel.
create an excel and share it. in the share page check the radio button "as collaborators" and check "Anyone can view this document at:" checkbox and paste the link you under that check box in this forum. Hope this helps. If you need further help, let me know
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rangaswamy
09-14 01:52 PM
I had filed in Nebraska on Jul 31st. I called and got receipt numbers for all 3 of my cases.
My 140 was cleared in Texas but current numbers start with LIN.
All my receipt dates show September 10th when i check online.
Still havent received any update from my lawyers.
just a reminder that the rep knows exactly when it was received in the mail room. Some people had said that it might be ok to lie and say its past 90 days even if its not because they wont know when it was received in the mail room.
Thanks
Anand
My 140 was cleared in Texas but current numbers start with LIN.
All my receipt dates show September 10th when i check online.
Still havent received any update from my lawyers.
just a reminder that the rep knows exactly when it was received in the mail room. Some people had said that it might be ok to lie and say its past 90 days even if its not because they wont know when it was received in the mail room.
Thanks
Anand
more...
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Pagal
09-09 10:03 PM
Hello,
Don't like EB-3 dates...but looking at EB-2 dates, does this mean that from now on we will see only forward movement in EB-2 I/C dates?
If the first month of the new year didn't retrogress, would every month see a movement of week or two? Or keeping in great USCIS tradition, this is just another 'fluke'? ;)
Don't like EB-3 dates...but looking at EB-2 dates, does this mean that from now on we will see only forward movement in EB-2 I/C dates?
If the first month of the new year didn't retrogress, would every month see a movement of week or two? Or keeping in great USCIS tradition, this is just another 'fluke'? ;)
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eastwest
04-21 03:50 PM
Here is what you do,
1. Do not talk to them on phone
2. Send them a letter stating keeping your salary is against law. If they think you owe them the money, send you a letter explaining why they think the money is owed and how much, state that filing of labor is a cost to the company and not to the employee as per DOL
3. Give them a time limit of 30 days.
4. Ask them to send all the correspondence to your home address.
5. Send them a letter with some kind signature rcpt.
Wait and see, If they have a real claim then they will respond to you otherwise they will send your money.
1. Do not talk to them on phone
2. Send them a letter stating keeping your salary is against law. If they think you owe them the money, send you a letter explaining why they think the money is owed and how much, state that filing of labor is a cost to the company and not to the employee as per DOL
3. Give them a time limit of 30 days.
4. Ask them to send all the correspondence to your home address.
5. Send them a letter with some kind signature rcpt.
Wait and see, If they have a real claim then they will respond to you otherwise they will send your money.
more...
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breddy2000
06-27 11:23 AM
guys new to this forum. Was in another forum. But here is the real deal.
Its not a question of blood sucking etc...i know, i was very involved in my company. The real reason for delaying the I-485 process is the company has to really disclose a lot ( i mean a lot) of its financial information about itself to USCIS,( including the latest tax returns) etc..
A lot of small business do not want to do that as they differ their taxes for years. Tax differment is not new ( read about News Corp). These companies do not want to get into these situations.
thats it my 2 cents...from the inside
I guess the employer financial records are applicable only during I-140 stages, "Ability to Pay". But for 485 I do not think it is required for employer to prove that they are financially stable
Its not a question of blood sucking etc...i know, i was very involved in my company. The real reason for delaying the I-485 process is the company has to really disclose a lot ( i mean a lot) of its financial information about itself to USCIS,( including the latest tax returns) etc..
A lot of small business do not want to do that as they differ their taxes for years. Tax differment is not new ( read about News Corp). These companies do not want to get into these situations.
thats it my 2 cents...from the inside
I guess the employer financial records are applicable only during I-140 stages, "Ability to Pay". But for 485 I do not think it is required for employer to prove that they are financially stable
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knnmbd
05-05 10:00 AM
Today I spoke to a Representative who deals with immigration issue at Sen Mike Dewine's (R-OH) office. I spoke to him for 15 minutes to understand what he and his senator think about this CIR.
Here is he and his senator feels about this bill. It is difficult for him to say that when CIR bill will be introduced in senate floor . It depend on Majority and Minority leaders to decide. Majority leader told to the media that he will introduce before the end of the may, he is mostly consistent, but there are several bills where he has committed a timeline and till today it is not on the floor.
However he told that once CIR pass, legal immigration is already taken care of, but if it does not passes there are bills like SKIL which will be put before the floor. But CIR has to fail or pass before you see this SKILL bill on the floor.
Great to hear you spoke to the senator and the feedback you got from him is very engouraging.
Here is he and his senator feels about this bill. It is difficult for him to say that when CIR bill will be introduced in senate floor . It depend on Majority and Minority leaders to decide. Majority leader told to the media that he will introduce before the end of the may, he is mostly consistent, but there are several bills where he has committed a timeline and till today it is not on the floor.
However he told that once CIR pass, legal immigration is already taken care of, but if it does not passes there are bills like SKIL which will be put before the floor. But CIR has to fail or pass before you see this SKILL bill on the floor.
Great to hear you spoke to the senator and the feedback you got from him is very engouraging.
more...
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bkarnik
05-03 01:07 PM
Can some body point me to the full text of the bill if it is available. Also throw some light on sec 302.
Does this relate to only H1-B premium processing or to all petetions including the adjustment of status?
--MC
MC:
The language is clear. IT talks about premium processing to adjust status for EMPLOYMENT BASED IMMIGRANT petition...H1B premium processing is a done deal....
Does this relate to only H1-B premium processing or to all petetions including the adjustment of status?
--MC
MC:
The language is clear. IT talks about premium processing to adjust status for EMPLOYMENT BASED IMMIGRANT petition...H1B premium processing is a done deal....
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snathan
02-25 10:03 PM
Akhil,
I could convince 3 of my colleagues who are READY RIGHT NOW to contribute $1000.00 each. I can do $500.00.
But they asked me just one question. What is the action plan that IV is collecting these monies from prospective immigrants who are already in pain due to this economy and all that. I did tell them about July 07, flower campaign, but they are not willing to listen. They said they did not contribute at that time due to some reasons, but they now want to contribute big way. They have a much bigger friend's circle than mine who are also doing good from top schools who may contribute too. They may also register in IV soon.
But their only question is "What is the action plan for FUTURE". Can you please help.
I am confused myself with the same question, no offense. Like me, they wouldnt wait and wait forever for things to happen. We Strongly believe in any action towards goals. Trust me, we need lots of money, but the way they responded made me feel uncomfortable.
I do have the same question. I dont see people come forward and contribute untill they see something or any clarity.
I could convince 3 of my colleagues who are READY RIGHT NOW to contribute $1000.00 each. I can do $500.00.
But they asked me just one question. What is the action plan that IV is collecting these monies from prospective immigrants who are already in pain due to this economy and all that. I did tell them about July 07, flower campaign, but they are not willing to listen. They said they did not contribute at that time due to some reasons, but they now want to contribute big way. They have a much bigger friend's circle than mine who are also doing good from top schools who may contribute too. They may also register in IV soon.
But their only question is "What is the action plan for FUTURE". Can you please help.
I am confused myself with the same question, no offense. Like me, they wouldnt wait and wait forever for things to happen. We Strongly believe in any action towards goals. Trust me, we need lots of money, but the way they responded made me feel uncomfortable.
I do have the same question. I dont see people come forward and contribute untill they see something or any clarity.
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venkatg
07-20 03:55 PM
I am willing to Contribute $150 for Aman.
EADplease
09-20 04:13 PM
I just called USCIS. The woman was polite but she told me there is nothing she can tell me since it is still within 90 days and she cannot tell me the receipt number. :mad:
I gues it depends on who you talk to.
Thank you very much!
We're anxiously waiting for the receipt notice in the mail...
I gues it depends on who you talk to.
Thank you very much!
We're anxiously waiting for the receipt notice in the mail...
vkxml
07-09 05:31 PM
http://www.eweek.com/article2/0,1895,2155487,00.asp
Nice article in eweek about july fiasco
Nice article in eweek about july fiasco
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