amitjoey
05-23 01:06 PM
Called Senator Leahy's office. The lady asked me to leave a message to the senator on the answering machine.
Neelu, Please post your messages on the phone thread also, it will inspire everybody to start calling.
Neelu, Please post your messages on the phone thread also, it will inspire everybody to start calling.
wallpaper irthday wishes poems for
krcreddy
07-09 10:42 PM
I also sent an email to the above list.
Let's hope we get media attention tomorrow. :confused:
Let's hope we get media attention tomorrow. :confused:
desi3933
07-10 02:25 PM
@desi3933:
On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)
"Permanent Labor Certification" does not mean the job has to be "permanent" (you're again *assuming*, no?) It could also mean LC for "permanent" residency!
Looks like you missed this on that link:
The job opportunity must be for a full time, permanent position.
There must be a bona fide job opening available to U.S. workers.
Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the foreign worker's qualifications. The employer must pay at least the prevailing wage for the occupation in the area of intended employment.
On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)
"Permanent Labor Certification" does not mean the job has to be "permanent" (you're again *assuming*, no?) It could also mean LC for "permanent" residency!
Looks like you missed this on that link:
The job opportunity must be for a full time, permanent position.
There must be a bona fide job opening available to U.S. workers.
Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the foreign worker's qualifications. The employer must pay at least the prevailing wage for the occupation in the area of intended employment.
2011 girlfriend happy birthday
sunsuri
08-19 06:54 PM
I got my EAD card yesterday. I am still waiting for receipt number for I-485 / I-131 though.
Congrats. Good to know that. Few days back I remember your checks hadn't cashed. Did you have a single check for EAD, 485 and 131 or seperate checks?
Congrats. Good to know that. Few days back I remember your checks hadn't cashed. Did you have a single check for EAD, 485 and 131 or seperate checks?
more...
bijualex29
05-01 09:57 AM
I called there office but no clue what SKIL bill is about (Washington DC).
Can any one explain the source of this bill.
Can any one explain the source of this bill.
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
more...
MightyIndian
04-29 01:23 AM
No. Tried to call NSC a few times and got diffferent stories on why my fp notice is being dealyed. I gave up trying after my last call 2 weeks ago wherein an IO told me to wait until middle of May.
2010 happy birthday wishes poems.
dingudi
11-05 03:22 PM
Hi,
I am a Jul 23rd I-485 filer. Just called USCIS second time (first time no success), went thru their menu and was lucky to get a great Cust Service Rep.
She asked me the I-485 receipt #s, address, primary contact #, DOB, and Zip Code for self and spouse.
She generated a SR for us together and gave us a Conf # for FP notice. She said that you should receive a FP appt notice in next 30 days.
So I guess, perseverance does pay off :)
Hopefully we can get this FP out of the way soon enough.
FYI I am a Bay Area resident.
I am not sure if opening SR helps, especially for TSC. I opened SR 30 days ago and still waiting. They have not scheduled me yet for an appointment.
I am a Jul 23rd I-485 filer. Just called USCIS second time (first time no success), went thru their menu and was lucky to get a great Cust Service Rep.
She asked me the I-485 receipt #s, address, primary contact #, DOB, and Zip Code for self and spouse.
She generated a SR for us together and gave us a Conf # for FP notice. She said that you should receive a FP appt notice in next 30 days.
So I guess, perseverance does pay off :)
Hopefully we can get this FP out of the way soon enough.
FYI I am a Bay Area resident.
I am not sure if opening SR helps, especially for TSC. I opened SR 30 days ago and still waiting. They have not scheduled me yet for an appointment.
more...
venkatg
07-20 03:55 PM
I am willing to Contribute $150 for Aman.
hair irthday wishes poems
snathan
11-17 05:31 PM
Done
more...
buddyinsd
08-31 04:21 PM
note to admins: Please track down the ip address of this person. I'm gonna sue this person and i am dead serious. Please pm me with this person's ip address and i'll make sure i'll take action against him/her.
all you freaking south indians can do is sit on your ass and code all day long .... As soon as you fellows open your mouth we all get how intelligent you guys are .... As for drawing the line between north and south - can we just seperate the telugu, kanada, tamil and malayalam people from the north and the rest of us northeners will be just fine :)
all you freaking south indians can do is sit on your ass and code all day long .... As soon as you fellows open your mouth we all get how intelligent you guys are .... As for drawing the line between north and south - can we just seperate the telugu, kanada, tamil and malayalam people from the north and the rest of us northeners will be just fine :)
hot happy birthday wishes for
Rohan99
09-25 09:37 PM
yes, it reached at 9.03am and was received by R.William
Can you let us know if they respected your RN july 3rd?
Can you let us know if they respected your RN july 3rd?
more...
house happy birthday wishes poems.
gvenkat
09-10 02:44 PM
IV is not biased against any EB category. Their goal is to have process so that everyone gets GC in one year from date of application. These categories are set by USCIS. IV is currently in process of detailing solutions to end this misery of all EB category. More details can only be find in your respective state chapters. We cannot disclose details on the public forum. I will urge you to join your state chapter so that you are aware of what all IV is trying to do. IV is not trying to make system work for EB2 or EB1 but for everyone. There are lot of solutions, but we need to lobby and for that we need volunteer. Remember IV is not a corporate who has people working on its payroll and getting revenue. All of us need to contribute and volunteer. Trust me the day all of us (at least number of people blogging currently) join their state chapter and volunteer couple of hours in a month, you will not need lobby. The public voice be enough to convince Hill and House to pass a legislation.
That should not be the case. It should just concentrate on EB3-I. Period Because that is the only category that has to wait for centruries to get any movement.
That should not be the case. It should just concentrate on EB3-I. Period Because that is the only category that has to wait for centruries to get any movement.
tattoo happy birthday wishes poems.
hpandey
07-28 05:55 PM
EAD Paper Filed TSC - 21st June
RD - 06/23/08
No LUD after that. Still waiting.
Applied 06/23
Got cards for both me and my wife on 07/28
Approved for two years beginning OCT to OCT/10
The weird part is that my I-131 application still shows pending on the USCIS website . My wife who is the Primary applicant got her application approved on 07/22 .
RD - 06/23/08
No LUD after that. Still waiting.
Applied 06/23
Got cards for both me and my wife on 07/28
Approved for two years beginning OCT to OCT/10
The weird part is that my I-131 application still shows pending on the USCIS website . My wife who is the Primary applicant got her application approved on 07/22 .
more...
pictures happy birthday wishes poems.
chapper
08-13 03:20 PM
Congrats! Where is ur I140 approved from.
Guys
Just saw my cheque cashed.. I think it got transferred over to TSC. I sent to NSC on Jul 2. And yes i had LUD in my I-140 as 7/28
Guys
Just saw my cheque cashed.. I think it got transferred over to TSC. I sent to NSC on Jul 2. And yes i had LUD in my I-140 as 7/28
dresses happy birthday wishes poems.
sunnysharma
06-11 10:21 PM
this up, You should be able to see LIN/WAC numbers clearly..
All checks cashed June 8th. It was sent to Nebrasks. I hardy just could read the SRC letters in back of my check. Online image in not good. I guess it has gone to Texas sercice center.
Do you know how long for receipt letter?
Thanks.
All checks cashed June 8th. It was sent to Nebrasks. I hardy just could read the SRC letters in back of my check. Online image in not good. I guess it has gone to Texas sercice center.
Do you know how long for receipt letter?
Thanks.
more...
makeup Happy Birthday Poems
rsayed
03-07 09:41 PM
Well, I am TOO depressed about the BEC performance. I know too many people are in same situation but I find myself "helpless" and at least i want to SCREAM......:mad:
Different things work for different people - whatever works for you or engages your time/attention, indulge in it in most of your spare-time and try to divert your "screaming" energy, constructively...
I know it is easier said than done - but, this is life and no one said it's going to be easy...
One of my friend always says "The best security if the money you have in your bank a/c". Rings true...:)
Different things work for different people - whatever works for you or engages your time/attention, indulge in it in most of your spare-time and try to divert your "screaming" energy, constructively...
I know it is easier said than done - but, this is life and no one said it's going to be easy...
One of my friend always says "The best security if the money you have in your bank a/c". Rings true...:)
girlfriend pictures irthday wishes poems.
decipher
05-23 11:51 AM
mailed 2(CA)+20
hairstyles dresses Happy Birthday Wishes
rayoflight
05-19 04:30 PM
Called 3/14 the first time and was told that FP would be scheduled. Never heard so called again on 5/9 and this time was told to callback after 60 days from the initial call.
I spoke with one rep who said that they are processing "June 29th" applications so you have to wait for your "Biometrics Appointment". I am kinda lost on this one.
What is the best number to reach the right Customer Service department alongwith the options to reach a live person to speak with who can actually schedule the Biometrics Appointment.
Am a July 2nd Filer - Actual Application filed on Sep 10th.
Cheers,
I spoke with one rep who said that they are processing "June 29th" applications so you have to wait for your "Biometrics Appointment". I am kinda lost on this one.
What is the best number to reach the right Customer Service department alongwith the options to reach a live person to speak with who can actually schedule the Biometrics Appointment.
Am a July 2nd Filer - Actual Application filed on Sep 10th.
Cheers,
iptel
06-26 02:58 PM
Well, I am a legal immigrant from Mexico, I have an MBA, my race is white (100% European as are more than 10 million Mexicans) and I do not wear a "sombrero".
I thought that this forum was for us all to help each other and not enter these types of useless arguments. I cannot believe that the posters of these racist messages, who are Indian, are falling into the same sterotypes that Americans fall into in regards to India. You are doing that with Mexico. I have been to India, I urge you to go to Mexico and see for yourselves what the country is like before passing judgment.
Mexico has 100 million people vs. India's 1 Billion plus, yet Mexico's GDP is essentially equal to India's (India = 775,410, Mexico=768,437). All the people that you see immigrating here are of course the poor and uneducated who can come here in large numbers because of the simple fact that (hello people!) we share a land border with the U.S.A. (What would happen if India shared a land border with the U.S.A. - One can only imagine! Instead of 7 million illegal Mexicans, we would have 400 million illegal Indians here!) I invite you to visit Mexico, where in some parts you will think you are in Sweden. And again, yes! have been to India!
We are misusing this forum with stereotypes and you guys are turning this into an Indian-only forum. (WHich is a turnoff to me and many more) I know the majority of us in here are Indian, but if I continue to feel unwelcome here I will just take my donations elsewhere.
For your Information India's GDP is 3 trillion USD compare to Mexico 1 trillion USD. Taking into account GDP of EU India ranks 5th in GDP higher than any indivisual European nation where as Mexico ranks 13th. This is as per CIA worldfactbook. So where did you get the number
"Mexico's GDP is essentially equal to India's (India = 775,410, Mexico=768,437). "
Hmmn did I forget you are an MBA from Mexico ?
(What would happen if India shared a land border with the U.S.A. - One can only imagine! Instead of 7 million illegal Mexicans, we would have 400 million illegal Indians here!)
Lets get this thing straight buddy without shadow of any doubt there are more Mexican than Indian in USA. But what about the number of doctors, computer scientist, economist, professors of reputable Universities, physcisist of Indian origin compare to Mexican origin.
I thought that this forum was for us all to help each other and not enter these types of useless arguments. I cannot believe that the posters of these racist messages, who are Indian, are falling into the same sterotypes that Americans fall into in regards to India. You are doing that with Mexico. I have been to India, I urge you to go to Mexico and see for yourselves what the country is like before passing judgment.
Mexico has 100 million people vs. India's 1 Billion plus, yet Mexico's GDP is essentially equal to India's (India = 775,410, Mexico=768,437). All the people that you see immigrating here are of course the poor and uneducated who can come here in large numbers because of the simple fact that (hello people!) we share a land border with the U.S.A. (What would happen if India shared a land border with the U.S.A. - One can only imagine! Instead of 7 million illegal Mexicans, we would have 400 million illegal Indians here!) I invite you to visit Mexico, where in some parts you will think you are in Sweden. And again, yes! have been to India!
We are misusing this forum with stereotypes and you guys are turning this into an Indian-only forum. (WHich is a turnoff to me and many more) I know the majority of us in here are Indian, but if I continue to feel unwelcome here I will just take my donations elsewhere.
For your Information India's GDP is 3 trillion USD compare to Mexico 1 trillion USD. Taking into account GDP of EU India ranks 5th in GDP higher than any indivisual European nation where as Mexico ranks 13th. This is as per CIA worldfactbook. So where did you get the number
"Mexico's GDP is essentially equal to India's (India = 775,410, Mexico=768,437). "
Hmmn did I forget you are an MBA from Mexico ?
(What would happen if India shared a land border with the U.S.A. - One can only imagine! Instead of 7 million illegal Mexicans, we would have 400 million illegal Indians here!)
Lets get this thing straight buddy without shadow of any doubt there are more Mexican than Indian in USA. But what about the number of doctors, computer scientist, economist, professors of reputable Universities, physcisist of Indian origin compare to Mexican origin.
gcbikari
04-25 01:50 PM
[QUOTE=gcbikari;242385]Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.[/QUOTE
as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.
Thats good news. I think the attorney I met represents more of employers and so very reluctant on mine. I believe I still have hopes, I will look for a good attorney again to get mine reviewed.
as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.
Thats good news. I think the attorney I met represents more of employers and so very reluctant on mine. I believe I still have hopes, I will look for a good attorney again to get mine reviewed.
No comments:
Post a Comment