ashwin_27
11-19 01:25 PM
The goal of this action item is to get as many impacted EB folks to write to/talk to their lawmakers. i assume that is why this action item was announced on the public forum.
For every anti-immigrant who might view this message, we hope that there will be 20-50 EB folks who speak up and act on the action item. We cannot be scared of opposition and limit every action item to members only...that way we will never get a mass response that is required for such an initiative.
We have 29 guests viewing this thread as I type! Can we make this forum members only? IMHO they are not adding any value and may contain prying anti's in their mix....
For every anti-immigrant who might view this message, we hope that there will be 20-50 EB folks who speak up and act on the action item. We cannot be scared of opposition and limit every action item to members only...that way we will never get a mass response that is required for such an initiative.
We have 29 guests viewing this thread as I type! Can we make this forum members only? IMHO they are not adding any value and may contain prying anti's in their mix....
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gcbikari
04-21 04:40 PM
I have a friend who got offer like u. He is cautious and paid $350 and met an Employment attorney re. non-compete. If u work at same desk and perform same duties as with ur prior employer, attorney told it comes under violation (as per his aggreement, if it says 'directly or indirectly' ). If they sue you u have to pay the loss and leave the job. The question is will ur employer Sue? He might get sued back for violations he did like missing payments to you, and many other dirty tricks to save money!!
The more u know the more complicated is non-compete, search online forums on non-compete. u can also consult some attorneys online.
Easy way may be talk to him and try to settle. Otherwise ask for your agreement and get it reviewed by an attorney.
The more u know the more complicated is non-compete, search online forums on non-compete. u can also consult some attorneys online.
Easy way may be talk to him and try to settle. Otherwise ask for your agreement and get it reviewed by an attorney.
gc28262
08-26 05:08 PM
I filed my I-129 for H1B extension in March, 2008. It is almost 5 months. I haven't got my H1B extension approval yet.
Do any of you experience delay in H1B extension? Is it normal waiting time after July 2007 fiasco?
I am also wondering why Vermont is delaying the processing of H1B though it is not processing I-485s?
Please share your experiences.
Following is my observation from my last H1B extension from Vermont.
You should be concerned if the extension is not approved before the expiry of the current H1B/I-94. Even if you apply months in advance, USCIS won't approve it till you are near your "old I-94" expiry date.
Do any of you experience delay in H1B extension? Is it normal waiting time after July 2007 fiasco?
I am also wondering why Vermont is delaying the processing of H1B though it is not processing I-485s?
Please share your experiences.
Following is my observation from my last H1B extension from Vermont.
You should be concerned if the extension is not approved before the expiry of the current H1B/I-94. Even if you apply months in advance, USCIS won't approve it till you are near your "old I-94" expiry date.
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kalparikh
07-02 07:53 PM
So if I-485 was delivered before 10:00 AM...........
Does I-485 will be rejected / return back to sender / it will porcess?
please post your views...........
Does I-485 will be rejected / return back to sender / it will porcess?
please post your views...........
more...
arunkotte
10-24 05:17 PM
Lame duck session is conducted with the current members, so the result of elections does not effect lame duck session but The next congress will.
CADude
10-05 10:35 PM
immigration-law.com
10/05/2007: USCIS Receipting Delay - How Does This Affect You?
The Ombudsman of DHS is scheduled to have a teleconference on this topic on 10/12/2007 from 2:30 to 3:30 pm, Friday. How do you participate? Click here.
PLEASE NEVER UNDER-ESTIMATE YOUR EFFORTS OR POWER? Please contact if you wish to choose so.:D:D
10/05/2007: USCIS Receipting Delay - How Does This Affect You?
The Ombudsman of DHS is scheduled to have a teleconference on this topic on 10/12/2007 from 2:30 to 3:30 pm, Friday. How do you participate? Click here.
PLEASE NEVER UNDER-ESTIMATE YOUR EFFORTS OR POWER? Please contact if you wish to choose so.:D:D
more...
dtekkedil
07-06 04:50 PM
Does IV Core have a say on sending flowers??
how about sending it to Michael Chertoff and Condelezza Rice??
IV core cannot "officially" endorse this... We are on our own.
As for sending flowers to Chertoff or Rice - It is good but let us stick with one person for now (Emilio). Unless you are willing to send to all three :). It will seem like there is more unity amongst us if we send more "number" of flowers.
how about sending it to Michael Chertoff and Condelezza Rice??
IV core cannot "officially" endorse this... We are on our own.
As for sending flowers to Chertoff or Rice - It is good but let us stick with one person for now (Emilio). Unless you are willing to send to all three :). It will seem like there is more unity amongst us if we send more "number" of flowers.
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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...
spulugur
02-10 06:19 PM
Paypal transaction: 0KS52061HH8469719
Amt: $100
Amt: $100
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gccovet
02-09 02:10 PM
Folks,
We if collect $1000.00 by the end of the day, I will contribute another $21.00 today itself. Less then $700.00 to go...
Keep it going.....
GCCovet.
We if collect $1000.00 by the end of the day, I will contribute another $21.00 today itself. Less then $700.00 to go...
Keep it going.....
GCCovet.
more...
imh1b
02-04 03:48 PM
Why is everyone making a big deal about going to India?
If you want to go , then go.
Its good for the backlog. One way to reduce the backlog if there is no bill is to encourage people to leave USA for 'green grass'. If they leave, we get our green card soon and grass will become green for us.
Let everyone be green and happy.
If you want to go , then go.
Its good for the backlog. One way to reduce the backlog if there is no bill is to encourage people to leave USA for 'green grass'. If they leave, we get our green card soon and grass will become green for us.
Let everyone be green and happy.
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franklin
06-17 08:06 PM
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:
Yes sir - off to do my homework:D
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:
Yes sir - off to do my homework:D
more...
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sam2006
08-24 07:11 PM
July 3rd R.Williams 7.44 AM NSC
140 Approved TSC
LUD 07-28
No CC
NO RN
my guess: Look at TSC Processing dates
140 Approved TSC
LUD 07-28
No CC
NO RN
my guess: Look at TSC Processing dates
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chanduv23
07-10 05:45 PM
@chanduv23:
Ok, i am not challenging you or your interpretations. I am looking into all options.
Ok, i am not challenging you or your interpretations. I am looking into all options.
more...
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amitjoey
07-10 04:44 PM
I have arranged to send the flowers so they reach USCIS on 10 July.
Incidentally, there was a townhall meeting with Senator Bob Casey in Pittsburgh. Thankfully i got to speak with him and personally put forth our story of endless waits for a greencard. Am not sure if it will genrate any tangible action from his end, but it certainly drew attention of the public present there, his staff and mostly importantly the Senator's mindshare.
Let's keep this effort on..
Thanks for your effort.
Incidentally, there was a townhall meeting with Senator Bob Casey in Pittsburgh. Thankfully i got to speak with him and personally put forth our story of endless waits for a greencard. Am not sure if it will genrate any tangible action from his end, but it certainly drew attention of the public present there, his staff and mostly importantly the Senator's mindshare.
Let's keep this effort on..
Thanks for your effort.
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va_il
05-04 08:50 AM
I wonder how many who come here on H4 know what complexities lay ahead in the G.C processing. unfortunately it is not easy to undo their marriage and go back.
They need a fair deal too just like the way those in EB-3 are waiting for a proposal that addresses their issues more directly rather than trickle down. I guess u r one of them.
I dont know how much u know about G.C before u came here. I am yet to understand it clearly.
--MC
So USCIS should make sure they clear for 2 jobs before they issue one H1 :)
They need a fair deal too just like the way those in EB-3 are waiting for a proposal that addresses their issues more directly rather than trickle down. I guess u r one of them.
I dont know how much u know about G.C before u came here. I am yet to understand it clearly.
--MC
So USCIS should make sure they clear for 2 jobs before they issue one H1 :)
more...
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GreeNever
05-03 12:42 PM
Thank you folks for stepping up to answer a couple of us. Good Luck to everyone involved!
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kumarc123
05-08 03:47 PM
I dont believe in flower/food/sos campaigns to resolve this problem...just because it worked once before doesnt mean it is going to work again..have we pursued a class action lawsuit against Department of State/Labor/USCIS for unlawful discrimination based on the country of birth in Employment Based Visas. Any idea if IV core ever took up this path? Can we attempt to do this? What are the costs involved and can we get some good lawyer representation to this goal?
We could rally in DC and consider a lawsuit, all these lawyers advertisements you see flashing on here, when are they going to come to use? I am sure they will be able to offer a good price, if not I am sure their are a lot if immigration lawyers waiting to be a part of IV community which is gaining some momentum.
Guys I request you all, please don't wait for more time and keep contemplating your actions or putting down other IV members, we have argued and demeaned each other enough. It is my humble request, to get together and do something big
Lets not waste time, may be our action will repeat July 07. A classic lawsuit against USCIS for Racial Discrimination which is pushing immigrants back to their countries, also we could involve professor Wadhwa's input on this.
We could rally in DC and consider a lawsuit, all these lawyers advertisements you see flashing on here, when are they going to come to use? I am sure they will be able to offer a good price, if not I am sure their are a lot if immigration lawyers waiting to be a part of IV community which is gaining some momentum.
Guys I request you all, please don't wait for more time and keep contemplating your actions or putting down other IV members, we have argued and demeaned each other enough. It is my humble request, to get together and do something big
Lets not waste time, may be our action will repeat July 07. A classic lawsuit against USCIS for Racial Discrimination which is pushing immigrants back to their countries, also we could involve professor Wadhwa's input on this.
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Devils_Advocate
03-07 02:05 PM
Hey UN, with your experience, are you seeing a pattern of denials, etc happening to non bodyshopper, non consultants as well? as in, is this whole DOL/USCIS crack down across the board or is it mostly restricted to desi consultants/bodyshopers?
tonyHK12
02-05 04:10 PM
Thanks GoodIntentions, guru76, Naitik for your contributions.
Members please let friends and colleagues know about the event and contribute within their means, for their own cause.
Total Contribution: $1100.00
Amount to be raised: $48,900.00
Members please let friends and colleagues know about the event and contribute within their means, for their own cause.
Total Contribution: $1100.00
Amount to be raised: $48,900.00
abqguy
02-26 06:14 PM
Just made my small contribution of $21 using paypal. Not sure what paypal charges IV on this transaction. I'm hoping the extra dollar would cover the paypal fees and the remaining $20 will go towards the great efforts of IV.
Payment Sent (Unique Transaction ID #7TK259799T695xxxx)
Business Name:
Immigration Voice
Email:
donations@immigrationvoice.org
Payment Sent (Unique Transaction ID #7TK259799T695xxxx)
Business Name:
Immigration Voice
Email:
donations@immigrationvoice.org
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