royus77
07-06 07:55 PM
TSC reached 07/02 @ 10.23pm signed by L. Amrstrong
is it am or pm
is it am or pm
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desi3933
08-18 02:04 PM
Is there anyone who is with me, anyone at all? I need around 15 people to kick this off...
I am just looking for three things
a) A letter that we will jointly send to few people. Urging them to follow a fair system.
b) Talk to your lawyer to discss with AILA
c) Talk to you chapter leader.
You forgot to mention (d)
(d) logoff and close account at IV after getting GC
I am just looking for three things
a) A letter that we will jointly send to few people. Urging them to follow a fair system.
b) Talk to your lawyer to discss with AILA
c) Talk to you chapter leader.
You forgot to mention (d)
(d) logoff and close account at IV after getting GC
anzerraja
07-19 08:27 PM
Could you please help us doing that ? I asked GSC999 for the same thing. There is no reply yet.
can you create an excel sheet in google and share it so that it is easy to track the contribution
can you create an excel sheet in google and share it so that it is easy to track the contribution
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desi3933
06-26 09:04 AM
.
For most of the jobs, employer must accept any worker who is authorized to work in the US. In other words, US citizens, Permanent Residents (aka Green Card holders), and EAD (person authorized to work for any employer by USCIS). From legal point of view, employer can not discriminate between GC holder and EAD. If job is advertised as for Citizens only, applicant has right to ask for such reason.
Now, in order to qualify as person who has been wrongly discriminated
1. he/she must be otherwise qualified for job (example job asks for dot net and person has java experience)
and
2. he/she MUST have applied for the job.
Employer can not discriminate because of
1. Expiry date of EAD
2. Reason for Issue of EAD (I-485 based, L2 visa, F1 visa etc)
Having said that, there could be valid grounds that job is qualified only for US citizens or US citizens with specific security clearance. Applicant, in this case, has right to ask for reasons for such requirement.
________________________
Not a legal advice.
US citizen of Indian origin
For most of the jobs, employer must accept any worker who is authorized to work in the US. In other words, US citizens, Permanent Residents (aka Green Card holders), and EAD (person authorized to work for any employer by USCIS). From legal point of view, employer can not discriminate between GC holder and EAD. If job is advertised as for Citizens only, applicant has right to ask for such reason.
Now, in order to qualify as person who has been wrongly discriminated
1. he/she must be otherwise qualified for job (example job asks for dot net and person has java experience)
and
2. he/she MUST have applied for the job.
Employer can not discriminate because of
1. Expiry date of EAD
2. Reason for Issue of EAD (I-485 based, L2 visa, F1 visa etc)
Having said that, there could be valid grounds that job is qualified only for US citizens or US citizens with specific security clearance. Applicant, in this case, has right to ask for reasons for such requirement.
________________________
Not a legal advice.
US citizen of Indian origin
more...
unitednations
03-07 12:27 PM
I hate to say this since I'm charged to the India queue as well. However this will not get solved soon. I saw on CNBC this afternoon that there were something like 53K H1b visas for Indians last year, next was china with like 8 or 9K, then others(I had no idea it was that lop-sided). When H1b visas are going so disproportionately to one country, the only solution to solve the EB green card logjam is to either put country caps on H1b visa or lift it on EB green cards. This is not opinion, it is quite simply a fact. Absent that, we can consider the EB green card route closed for anyone from India.
There is little and declining sympathy for the pro H1b forces. I suspect we will see highly restrictive legislation pretty soon, and based on the current sentiment wouldn't bet against it passing either.
I don't think people are in reality. We are in an environment that we have to be diligent that they don't make it harder then what it is; rather then making it easier.
People started playing the devils advocate that if there is quotas on EB then there should also be quota on H-1b; sort of trying to say if there isn't quota on h-1b then there shouldn't be on EB.
A little while ago; some Indian nationals who were here on H-2 visa to help with re-construcing mississipi and louisiana after hurrican katrina got the bright idea to do a march and go public with their grievances. Their grievances were that they paid $15K to come to USA; they were given poor housing, poor working conditions and they want to get greencards.
Do you think they got greencards? No; now the law has been changed to not include India as part of H-2 visas.
Everyone should try to understand the reality that we are in.
There is little and declining sympathy for the pro H1b forces. I suspect we will see highly restrictive legislation pretty soon, and based on the current sentiment wouldn't bet against it passing either.
I don't think people are in reality. We are in an environment that we have to be diligent that they don't make it harder then what it is; rather then making it easier.
People started playing the devils advocate that if there is quotas on EB then there should also be quota on H-1b; sort of trying to say if there isn't quota on h-1b then there shouldn't be on EB.
A little while ago; some Indian nationals who were here on H-2 visa to help with re-construcing mississipi and louisiana after hurrican katrina got the bright idea to do a march and go public with their grievances. Their grievances were that they paid $15K to come to USA; they were given poor housing, poor working conditions and they want to get greencards.
Do you think they got greencards? No; now the law has been changed to not include India as part of H-2 visas.
Everyone should try to understand the reality that we are in.
krustycat
10-01 01:41 PM
I'm still waiting.
Recd. by F. Heinauer at 11:07 AM on July 9... checks not cashed
Recd. by F. Heinauer at 11:07 AM on July 9... checks not cashed
more...
gk_2000
11-18 01:25 PM
I also suggest partnering up with Reform Immigration For America as they have large numbers of supporters as well. I urge core IV members to contact them as time is short for us
.. confirming that I have sent the faxes for myself and for whole family
.. confirming that I have sent the faxes for myself and for whole family
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dingudi
12-07 03:57 PM
exactly same case, applied july 17th, notice date sept 10th, transferred to TSC
All,
For your info, mine is not a transfer case. My application was filed directly with TSC on July 2nd and I have received 485 receipt notices from TSC itself. So delay in FP has nothing to do with transfer case.
I spoke to an IO today and my FP has still not been scheduled yet. Got the same old reply , waiting for an availalibilty from local ASC.
All,
For your info, mine is not a transfer case. My application was filed directly with TSC on July 2nd and I have received 485 receipt notices from TSC itself. So delay in FP has nothing to do with transfer case.
I spoke to an IO today and my FP has still not been scheduled yet. Got the same old reply , waiting for an availalibilty from local ASC.
more...
another_wei
08-26 03:46 PM
As it starts with Axxx, I think it should be Alien Number.
Very strange i mail my I-485 on July 19th and got my receipts and check cashed. But I see other peoples who mailed July 2nd and they are still waiting for receipt? Why is that? Does not make sense.
Very strange i mail my I-485 on July 19th and got my receipts and check cashed. But I see other peoples who mailed July 2nd and they are still waiting for receipt? Why is that? Does not make sense.
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sapota
10-08 01:03 PM
PD should be established on the first labor application.
I feel this is more practical than number of years in US.
It already does, if you have an approved I-140 based on your LC.
I feel this is more practical than number of years in US.
It already does, if you have an approved I-140 based on your LC.
more...
nmdial
07-21 08:13 AM
When we talk about fairness, we forget the fact that life is not fair. Instead of a division among ourselves, we should aim for a constructive approach otherwise this whole advocacy drive would be futile.
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desi3933
06-28 09:59 AM
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
Read I-9 form. Employee must have work authorization before he/she can start work.
Read more here
Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)
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 ?
I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.
Regarding the hiring part,
first read here about H-1 visa
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
Now, read more about H-1B LCA here
http://www.lca.doleta.gov/h1bcl_nw.pdf
Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.
On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.
More about LCA here
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
Hopefully, you will trust lawyer more than me.
Have a good day!
What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
Read I-9 form. Employee must have work authorization before he/she can start work.
Read more here
Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)
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 ?
I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.
Regarding the hiring part,
first read here about H-1 visa
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
Now, read more about H-1B LCA here
http://www.lca.doleta.gov/h1bcl_nw.pdf
Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.
On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.
More about LCA here
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
Hopefully, you will trust lawyer more than me.
Have a good day!
more...
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aarora1979
11-18 09:46 AM
Done!!
Good work TEAM!
Good work TEAM!
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gc_on_demand
08-28 07:55 AM
My H1b Extention got approved from Vermont center yesterday.
First 3 year extention filled on July 10th 2008 .
Approval notice sent Email : Aug 27th 2008.
GC Details : PD Jan 2008
I 140 Appoval date : July 31st 2008.
No RFE in h1b extention. One more exp at NJ DMV..
My NJ DL was expiring in Sep 2008 . My visa was expiring in Nov 2008. ( Stamp and I 797 ).
I went to NJ DMV and they renewd my DL till Nov + 90 days = Feb 2009.
it was smooth process and took 1 hour to get it renew.
First 3 year extention filled on July 10th 2008 .
Approval notice sent Email : Aug 27th 2008.
GC Details : PD Jan 2008
I 140 Appoval date : July 31st 2008.
No RFE in h1b extention. One more exp at NJ DMV..
My NJ DL was expiring in Sep 2008 . My visa was expiring in Nov 2008. ( Stamp and I 797 ).
I went to NJ DMV and they renewd my DL till Nov + 90 days = Feb 2009.
it was smooth process and took 1 hour to get it renew.
more...
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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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johnamit
08-20 12:12 PM
Mine is same case except I have no LUD changes so far and no activity either.
more...
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Googler
06-17 01:41 PM
Hi Gurus,
I was looking at the processing times for the NSC 485 applications and it shows March , 2007.
Does it mean that all June 1st filers will be getting their 485 approvals by September ( barring any RFE and name check delays)???
Or is it Wishful Thinking???
It would be great if we kept this thread for receipt issues only but..
Please read the Ombudsmans 2007 report pgs 17-21. These are not real processing times.
BTW, I can't believe there are *still* people on this forum who haven't read this report -- it spells out absolutely everything that is going on/wrong with all our greencards, and you can't be bothered to read it?? :cool:
I was looking at the processing times for the NSC 485 applications and it shows March , 2007.
Does it mean that all June 1st filers will be getting their 485 approvals by September ( barring any RFE and name check delays)???
Or is it Wishful Thinking???
It would be great if we kept this thread for receipt issues only but..
Please read the Ombudsmans 2007 report pgs 17-21. These are not real processing times.
BTW, I can't believe there are *still* people on this forum who haven't read this report -- it spells out absolutely everything that is going on/wrong with all our greencards, and you can't be bothered to read it?? :cool:
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h1techSlave
02-02 04:45 PM
Blacks, Latinos and even us Indians have reservation in the US. We get reservations right from Kinder garden, thru college and job opportunities. Many Federal govt. contracts are reserved for minorities and women.
[QUOTE=PavanV;2310274]
Simple ... Blacks and Latinos are minority in US... and in India so called Backward Castes are the Majority and in a Democracy MAJORITY RULES! .. so Reservations Persists in India!!! :)
[QUOTE=PavanV;2310274]
Simple ... Blacks and Latinos are minority in US... and in India so called Backward Castes are the Majority and in a Democracy MAJORITY RULES! .. so Reservations Persists in India!!! :)
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SunnySurya
08-18 01:17 PM
Again folks! please think hard, what can be done ???? (other than filling lawsuits)
eb3_nepa
06-20 10:35 AM
A question about CIR. Currently isin't it more beneficial for anti-immigrants to just ensure that absolutely NOTHING is done to CIR? That way the Senate version of CIR never sees the light of day, but since it doesnt die either, no other legislation can come into place.
I guess my question is, how & when exactly does CIR "die"/get phased out of the picture so that other legislations may be considered?
I guess my question is, how & when exactly does CIR "die"/get phased out of the picture so that other legislations may be considered?
arunkotte
07-02 09:26 AM
Arrival at Unit, July 02, 2007, 1:58 am, LINCOLN, NE 68508
Enroute, July 01, 2007, 8:46 pm, OMAHA, NE 68108
Enroute, June 30, 2007, 4:35 pm, MEMPHIS, TN 38101
Acceptance, June 30, 2007, 10:56 am, GERMANTOWN, TN 38138
Enroute, July 01, 2007, 8:46 pm, OMAHA, NE 68108
Enroute, June 30, 2007, 4:35 pm, MEMPHIS, TN 38101
Acceptance, June 30, 2007, 10:56 am, GERMANTOWN, TN 38138
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