chi_shark
07-10 11:28 AM
so this case has some merrit, however, the very core of this case is based on the employment being annually renewable. which means that the petitioner had to take periodic active action to be employed with the university employer... thats where the argument broke down for the petitioner... further, it is VERY GOOD to know that USCIS actually made an attempt to consider this emloyment for I-140 approval. it is good to know that they deliberated and then decided to reject instead of summarily rejecting on prima facie facts. one more very good thing to know (and avoid for ourselves) is that the petitioner in this case represented himself (no lawyer). its possible that if there was a laywer involved, they could have brought up some more documentation or at least shown the light to the university's staff as far as requirements are concerned. further still: no talk was engaged into as far as ability to pay is concerned. FURTHER FURTHER still: this case is about I-140... and we are all talking primarily about I-485 and AC21 cases within....
looks like this case actually tells me that maybe we could do self-employment easily...
Link to EB-1 case where I-140 was denied because job offered was not "permanent".
Link
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
As per this document
.
looks like this case actually tells me that maybe we could do self-employment easily...
Link to EB-1 case where I-140 was denied because job offered was not "permanent".
Link
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
As per this document
.
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xbeartai
05-23 01:52 PM
Link:
http://topics.nytimes.com/top/opinion/editorialsandoped/oped/columnists
/thomaslfriedman/index.html?inline=nyt-per
By THOMAS L. FRIEDMAN
Published: May 23, 2007
First I had to laugh. Then I had to cry.
I took part in commencement this year at Rensselaer Polytechnic Institute,
one of America's great science and engineering schools, so I had a front-row
seat as the first grads to receive their diplomas came on stage, all of
them Ph.D. students. One by one the announcer read their names and each was
handed their doctorate - in biotechnology, computing, physics and
engineering - by the school's president, Shirley Ann Jackson.
The reason I had to laugh was because it seemed like every one of the newly
minted Ph.D.'s at Rensselaer was foreign born. For a moment, as the foreign
names kept coming - "Hong Lu, Xu Xie, Tao Yuan, Fu Tang" - I thought that
the entire class of doctoral students in physics were going to be Chinese,
until "Paul Shane Morrow" saved the day. It was such a caricature of what
President Jackson herself calls "the quiet crisis" in high-end science
education in this country that you could only laugh.
Don't get me wrong. I'm proud that our country continues to build
universities and a culture of learning that attract the world's best minds.
My complaint - why I also wanted to cry - was that there wasn't someone from
the Immigration and Naturalization Service standing next to President
Jackson stapling green cards to the diplomas of each of these foreign-born
Ph.D.'s. I want them all to stay, become Americans and do their research and
innovation here. If we can't educate enough of our own kids to compete at
this level, we'd better make sure we can import someone else's, otherwise we
will not maintain our standard of living.
It is pure idiocy that Congress will not open our borders - as wide as
possible - to attract and keep the world's first-round intellectual draft
choices in an age when everyone increasingly has the same innovation tools
and the key differentiator is human talent. I'm serious. I think any foreign
student who gets a Ph.D. in our country - in any subject - should be
offered citizenship. I want them. The idea
that we actually make it difficult for them to stay is crazy.
Compete America, a coalition of technology companies, is pleading with
Congress to boost both the number of H-1B visas available to companies
that want to bring in skilled foreign workers and the number of employment-
based green cards given to high-tech foreign workers who want to stay here.
Give them all they want! Not only do our companies need them now, because we
're not training enough engineers, but they will, over time, start many more
companies and create many more good jobs than they would possibly displace.
Silicon Valley is living proof of that - and where innovation happens
matters. It's still where the best jobs will be located.
Folks, we can't keep being stupid about these things. You can't have a world
where foreign-born students dominate your science graduate schools,
research labs, journal publications and can now more easily than ever go
back to their home countries to start companies - without it eventually
impacting our standard of living - especially when we're also slipping
behind in high-speed Internet penetration per capita. America has fallen
from fourth in the world in 2001 to 15th today.
My hat is off to Andrew Rasiej and Micah Sifry, co-founders of the Personal
Democracy Forum. They are trying to make this an issue in the presidential
campaign by creating a movement to demand that candidates focus on our
digital deficits and divides. (See: http://www.techpresident.com <http://www.techpresident.com>.) Mr. Rasiej, who unsuccessfully ran for public advocate of New York City in 2005 on a platform calling for low-cost wireless access everywhere, notes that "only half of America has broadband access to the Internet." We need to go from "No Child Left Behind," he says, to "Every Child
Connected."
Here's the sad truth: 9/11, and the failing Iraq war, have sucked up almost
all the oxygen in this country - oxygen needed to discuss seriously
education, health care, climate change and competitiveness, notes Garrett
Graff, an editor at Washingtonian Magazine and author of the upcoming book "
The First Campaign," which deals with this theme. So right now, it's mostly
governors talking about these issues, noted Mr. Graff, but there is only so
much they can do without Washington being focused and leading.
Which is why we've got to bring our occupation of Iraq to an end in the
quickest, least bad way possible - otherwise we are going to lose Iraq and
America. It's coming down to that choice.
http://topics.nytimes.com/top/opinion/editorialsandoped/oped/columnists
/thomaslfriedman/index.html?inline=nyt-per
By THOMAS L. FRIEDMAN
Published: May 23, 2007
First I had to laugh. Then I had to cry.
I took part in commencement this year at Rensselaer Polytechnic Institute,
one of America's great science and engineering schools, so I had a front-row
seat as the first grads to receive their diplomas came on stage, all of
them Ph.D. students. One by one the announcer read their names and each was
handed their doctorate - in biotechnology, computing, physics and
engineering - by the school's president, Shirley Ann Jackson.
The reason I had to laugh was because it seemed like every one of the newly
minted Ph.D.'s at Rensselaer was foreign born. For a moment, as the foreign
names kept coming - "Hong Lu, Xu Xie, Tao Yuan, Fu Tang" - I thought that
the entire class of doctoral students in physics were going to be Chinese,
until "Paul Shane Morrow" saved the day. It was such a caricature of what
President Jackson herself calls "the quiet crisis" in high-end science
education in this country that you could only laugh.
Don't get me wrong. I'm proud that our country continues to build
universities and a culture of learning that attract the world's best minds.
My complaint - why I also wanted to cry - was that there wasn't someone from
the Immigration and Naturalization Service standing next to President
Jackson stapling green cards to the diplomas of each of these foreign-born
Ph.D.'s. I want them all to stay, become Americans and do their research and
innovation here. If we can't educate enough of our own kids to compete at
this level, we'd better make sure we can import someone else's, otherwise we
will not maintain our standard of living.
It is pure idiocy that Congress will not open our borders - as wide as
possible - to attract and keep the world's first-round intellectual draft
choices in an age when everyone increasingly has the same innovation tools
and the key differentiator is human talent. I'm serious. I think any foreign
student who gets a Ph.D. in our country - in any subject - should be
offered citizenship. I want them. The idea
that we actually make it difficult for them to stay is crazy.
Compete America, a coalition of technology companies, is pleading with
Congress to boost both the number of H-1B visas available to companies
that want to bring in skilled foreign workers and the number of employment-
based green cards given to high-tech foreign workers who want to stay here.
Give them all they want! Not only do our companies need them now, because we
're not training enough engineers, but they will, over time, start many more
companies and create many more good jobs than they would possibly displace.
Silicon Valley is living proof of that - and where innovation happens
matters. It's still where the best jobs will be located.
Folks, we can't keep being stupid about these things. You can't have a world
where foreign-born students dominate your science graduate schools,
research labs, journal publications and can now more easily than ever go
back to their home countries to start companies - without it eventually
impacting our standard of living - especially when we're also slipping
behind in high-speed Internet penetration per capita. America has fallen
from fourth in the world in 2001 to 15th today.
My hat is off to Andrew Rasiej and Micah Sifry, co-founders of the Personal
Democracy Forum. They are trying to make this an issue in the presidential
campaign by creating a movement to demand that candidates focus on our
digital deficits and divides. (See: http://www.techpresident.com <http://www.techpresident.com>.) Mr. Rasiej, who unsuccessfully ran for public advocate of New York City in 2005 on a platform calling for low-cost wireless access everywhere, notes that "only half of America has broadband access to the Internet." We need to go from "No Child Left Behind," he says, to "Every Child
Connected."
Here's the sad truth: 9/11, and the failing Iraq war, have sucked up almost
all the oxygen in this country - oxygen needed to discuss seriously
education, health care, climate change and competitiveness, notes Garrett
Graff, an editor at Washingtonian Magazine and author of the upcoming book "
The First Campaign," which deals with this theme. So right now, it's mostly
governors talking about these issues, noted Mr. Graff, but there is only so
much they can do without Washington being focused and leading.
Which is why we've got to bring our occupation of Iraq to an end in the
quickest, least bad way possible - otherwise we are going to lose Iraq and
America. It's coming down to that choice.
.jpeg "funny friendship quotes")
zeta7
07-21 11:54 PM
Hey guys
My PR card in Canada was not issued; they rejected the photos I submitted with the original application. Now they're asking I submit new ones in PERSON!
I will need to get a Canadian Travel document now to re-enter Canada now. Does anyone know how long it takes to get that issued?
Plus, Since I'm using AP as well the whole re-entering the US with the Canadian Visas in my passport is once again an issue. I'm considering giving up on the PR card, since I've technically already completed my landing; I can re-apply for the PR card if and when I decide to move to Canada permanently. Can you guys advise?
-thanks.
My PR card in Canada was not issued; they rejected the photos I submitted with the original application. Now they're asking I submit new ones in PERSON!
I will need to get a Canadian Travel document now to re-enter Canada now. Does anyone know how long it takes to get that issued?
Plus, Since I'm using AP as well the whole re-entering the US with the Canadian Visas in my passport is once again an issue. I'm considering giving up on the PR card, since I've technically already completed my landing; I can re-apply for the PR card if and when I decide to move to Canada permanently. Can you guys advise?
-thanks.
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desi3933
07-09 11:37 AM
Based on a quick scan of the above documents (which may not be a complete list of documents on AOS), I did not find a single reference to LAW that specifies when AOSs can (not) be submittted by GC applicants. My guess is that there is no such law That is why AILA is calling it rubbish.
I urge everyone to scan these (and othet documents) for LAW that specifies when AOSs can (not) be submittted by GC applicants.
� 245.1 Eligibility.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.
[Emphasis added for clarity]
______________________
Not a legal advice.
I urge everyone to scan these (and othet documents) for LAW that specifies when AOSs can (not) be submittted by GC applicants.
� 245.1 Eligibility.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.
[Emphasis added for clarity]
______________________
Not a legal advice.
more...
amitjoey
05-23 11:37 AM
I sent the email to senators but was disappointed not to see any SKIL provisions like MS, PHD exemptions.
Pitha, we do not need SKIL, if we get greencard quickly. See item 3 on the list.
Pitha, we do not need SKIL, if we get greencard quickly. See item 3 on the list.
SGP
11-19 02:40 PM
Nothing for Legal Immigrants, but any ways below is his response.
Dear XXXXXXXXX:
Thank you for contacting me to express your support for S. 729, the DREAM Act of 2009. Your opinion is very important to me, and I appreciate the opportunity to respond to you on this important issue.
You will be pleased to know that I am a strong cosponsor of the DREAM Act and am fighting tirelessly to enact this critical legislation into law. As the first person in my family to attend college, I can personally attest to the vital importance of a quality education. The DREAM Act, would give countless innocent children the same opportunity I had—to fully reach their potential and fulfill the American Dream. In doing so, it will give our country thousands of new doctors, teachers, pilots, and servicemen. It is a win-win situation for both those who would directly benefit from this legislation, as well as our country as a whole.
Those that oppose the DREAM Act believe that children should pay the consequences for their parents' mistakes. They believe that children who were brought to this country by their parents without the proper documentation or were kept in this country by their parents without the proper documentation should not be allowed to get an American education. That is not only wrong, but it also goes against who we are and what we stand for.
While the DREAM Act has yet to be passed, you may rest assured knowing that I will continue to fight until every child in the United States has the opportunity to reach the American Dream. Anything less is simply un-American.
Again, thank you for sharing your thoughts with me. I appreciate your support. Please do not hesitate to contact me if I may be of more assistance. I invite you to visit my website Robert Menendez - US Senator for New Jersey: Home (http://menendez.senate.gov) to learn of other important issues to New Jersey.
Sincerely,
Robert Menendez
United States Senator
Dear XXXXXXXXX:
Thank you for contacting me to express your support for S. 729, the DREAM Act of 2009. Your opinion is very important to me, and I appreciate the opportunity to respond to you on this important issue.
You will be pleased to know that I am a strong cosponsor of the DREAM Act and am fighting tirelessly to enact this critical legislation into law. As the first person in my family to attend college, I can personally attest to the vital importance of a quality education. The DREAM Act, would give countless innocent children the same opportunity I had—to fully reach their potential and fulfill the American Dream. In doing so, it will give our country thousands of new doctors, teachers, pilots, and servicemen. It is a win-win situation for both those who would directly benefit from this legislation, as well as our country as a whole.
Those that oppose the DREAM Act believe that children should pay the consequences for their parents' mistakes. They believe that children who were brought to this country by their parents without the proper documentation or were kept in this country by their parents without the proper documentation should not be allowed to get an American education. That is not only wrong, but it also goes against who we are and what we stand for.
While the DREAM Act has yet to be passed, you may rest assured knowing that I will continue to fight until every child in the United States has the opportunity to reach the American Dream. Anything less is simply un-American.
Again, thank you for sharing your thoughts with me. I appreciate your support. Please do not hesitate to contact me if I may be of more assistance. I invite you to visit my website Robert Menendez - US Senator for New Jersey: Home (http://menendez.senate.gov) to learn of other important issues to New Jersey.
Sincerely,
Robert Menendez
United States Senator
more...
mchatrvd
08-26 08:16 PM
Please also try writing to USCIS Director @
Director Alejandro Mayorkas
United States Citizenship and Immigration Services
20 Massachusetts Avenue, NW
Washington, DC 20001
Director Alejandro Mayorkas
United States Citizenship and Immigration Services
20 Massachusetts Avenue, NW
Washington, DC 20001
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dreamworld
12-13 04:42 PM
I am July Filer too I have not received evn a single receipt for anything. I called USCIS they said it is taking from 90 to 120 days so wait and call.
I had long dely in gettting my 485/EAD/AP receipts from USCIS and I wrote to my local congressman. It really worked and got the receipt numbers from congressman office.
Try to write to your local congressman and explain your situation in one page and give them your package tracking information.
I had long dely in gettting my 485/EAD/AP receipts from USCIS and I wrote to my local congressman. It really worked and got the receipt numbers from congressman office.
Try to write to your local congressman and explain your situation in one page and give them your package tracking information.
more...
skdskd
11-21 03:56 PM
Our thoughts and Prayer with you.
Have Faith in almighty god.
I don't know what to say.
You are really a bold man, I can not imagine thinking beyond myself in time of trouble.But you are great Mehul.
Have faith in god and take second/third opinion
Have Faith in almighty god.
I don't know what to say.
You are really a bold man, I can not imagine thinking beyond myself in time of trouble.But you are great Mehul.
Have faith in god and take second/third opinion
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Lasantha
07-05 10:55 AM
hate to be so ignorant but what does Gandhigiri mean? I assume it's something Indain. Can you tell us non-indians what that it. (Anything to do with Mahatma?)
more...
jsb
11-02 10:58 AM
Even after 180 days, your employer put a withdrawal request with proof of insufficient financial strength to pay you from the period start (within 180 days ) till the withdrawal request date then what will you do? Now it is clearly "un approvable" during "even within 180 days" . Now 180 days passed already? - yes. I-140 is already approved? - No, Employer filed withdrawal ?- yes? Employer shows underlying reason of insufficient finance capacity within 180 days - yes .. Then case closed - Denial - Next.
.
Above argument is not fully correct. Someone had posted extracts from the law. Please read that once again, and keep in mind the spirit of the law as well.
Until 180 days: If I-140 is denied or withdrawn, no GC. Note that you are not required to be working for sponsoring employer prior to your getting GC. There should be only an intent on both parties to establish employee/employer relationship upon getting GC
After 180 days: I-140 withdrawl has no effect provided beneficiary (you) has another job offer for the same/similar job. No new I-140 needed, if first I-140 was approvable.
I-140 denied after 180 days: No GC if still with same employer. If new employer (for same/simiar job), new I-140 is needed. If different job new LC and I-140 (keep original PD)
Bottomline is that there has to be at least one I-140 approved at some stage.
.
Above argument is not fully correct. Someone had posted extracts from the law. Please read that once again, and keep in mind the spirit of the law as well.
Until 180 days: If I-140 is denied or withdrawn, no GC. Note that you are not required to be working for sponsoring employer prior to your getting GC. There should be only an intent on both parties to establish employee/employer relationship upon getting GC
After 180 days: I-140 withdrawl has no effect provided beneficiary (you) has another job offer for the same/similar job. No new I-140 needed, if first I-140 was approvable.
I-140 denied after 180 days: No GC if still with same employer. If new employer (for same/simiar job), new I-140 is needed. If different job new LC and I-140 (keep original PD)
Bottomline is that there has to be at least one I-140 approved at some stage.
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akhilmahajan
02-25 02:27 PM
Thanks a lot everyone.
Grand Total - $1825
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Grand Total - $1825
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
more...
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GCDream
07-03 09:01 AM
I am with you guys. Lets do it.
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kosu
06-13 07:56 PM
They fwded the bundle to texax your receipts start with SRC not LIN.
My attorney actually filed directly with TSC. So all my case numbers starts with SRC.
My attorney actually filed directly with TSC. So all my case numbers starts with SRC.
more...
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simple1
05-02 01:10 PM
non retrogressed countries: The delay will be none (normally) / fewmonths (worst case ) as both their eb and fb volumes are minimal.
Let us not forget we are talking about FB2A cat, with large quota of 114,200. plus it gets unused FB1.
Plus it is fair to interpret the law as it is.
I am not disputing your interpretation of the law. I just wanted to clarify its effect on people from countries whose numbers are not retrogressed.
Let us not forget we are talking about FB2A cat, with large quota of 114,200. plus it gets unused FB1.
Plus it is fair to interpret the law as it is.
I am not disputing your interpretation of the law. I just wanted to clarify its effect on people from countries whose numbers are not retrogressed.
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psk79
08-28 09:43 AM
I have seen several July 2nd Filers at NSC whose cases Transferred to TSC are getting receipts.That's good sign...,Does any july 3rd filer got receipt?
I have only seen just one or two cases so far with receipts I mean filed on Jul 2. I myself am a Jul 2 filer NSC filer with TSC approved 140 and haven't gotten anything yet....I also had the LUd on 7/28/07.
I have only seen just one or two cases so far with receipts I mean filed on Jul 2. I myself am a Jul 2 filer NSC filer with TSC approved 140 and haven't gotten anything yet....I also had the LUd on 7/28/07.
more...
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coolcat
06-12 11:13 AM
No, I didn't get my receipt yet. I called my lawyer and she said that the checks haven't cleared yet. It's taking toooo long. I don't know what's going on. Anybody in the same situation?
Filed on June 1st. Still waiting for receipt.
Filed on June 1st. Still waiting for receipt.
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TheOmbudsman
06-26 11:40 AM
Your perception couldn't be more distorted.
If that is your personal opinion, I'd respect that. If you are a member of IV core team, let me know because I will call to to have a conversation with you.
People, the bill is called "Comprehensive Immigration Reform". It can only be comprehensive if it takes into account the legal population and the illegal population. This bill could not come at a better time for us with the mid-term elections coming up. The Executive Branch of Government is pressuring for passage of this legislation. It will be a huge issue for the mid-term elections. The Republican House is in a no win situation, passage means amnesty (their words, not mine) and non-passage makes them look ineffective. For now all we can do is sit back and wait and watch. It will take the majority of the house spin doctors a while to figure out how to proceed with maximum benefit for the Republican Party. This is the nature of politics.
For a little entertainment, we can always predict next months visa bulletin! (Sorry, I couldn't resist).
If that is your personal opinion, I'd respect that. If you are a member of IV core team, let me know because I will call to to have a conversation with you.
People, the bill is called "Comprehensive Immigration Reform". It can only be comprehensive if it takes into account the legal population and the illegal population. This bill could not come at a better time for us with the mid-term elections coming up. The Executive Branch of Government is pressuring for passage of this legislation. It will be a huge issue for the mid-term elections. The Republican House is in a no win situation, passage means amnesty (their words, not mine) and non-passage makes them look ineffective. For now all we can do is sit back and wait and watch. It will take the majority of the house spin doctors a while to figure out how to proceed with maximum benefit for the Republican Party. This is the nature of politics.
For a little entertainment, we can always predict next months visa bulletin! (Sorry, I couldn't resist).
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AllVNeedGcPc
04-14 08:35 AM
Thanks for posting your experience. Did you apply for your SIN and your PR card? Do you (or anyone else) have any info on how that's done or what the procedure is?
- Once you complete landing procedure at POE and provide your Canadian address, PR card will come automatically at your address in mail
- SIN (number printout) you can get instantly at any of the ServiceCanada centers. In Toronto, they have plenty of these centers in downtown (Bay street, lake shore blvd, yonge st ...). Card comes in mail
- Once you complete landing procedure at POE and provide your Canadian address, PR card will come automatically at your address in mail
- SIN (number printout) you can get instantly at any of the ServiceCanada centers. In Toronto, they have plenty of these centers in downtown (Bay street, lake shore blvd, yonge st ...). Card comes in mail
phillyag
08-25 01:47 PM
No I did not...the date before it was of back in 2008.
My PD is Jan-17-2006 at NSC.
I got another soft LUD today but no change to my 485 status.
What does this mean ? I already got my approved EAD card 2 weeks back and the only thing pending is the 485 application.
My PD is Jan-17-2006 at NSC.
I got another soft LUD today but no change to my 485 status.
What does this mean ? I already got my approved EAD card 2 weeks back and the only thing pending is the 485 application.
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.
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Not a legal advice.
US citizen of Indian origin
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