jitian
11-18 12:22 PM
just done. North Carolina (two senators and Sur Myrick)
wallpaper Over 5000+ Calendar Refill
casinoroyale
08-17 02:00 PM
Anybody tried entering USA by road using AP after they applied for H1-B visa and it got into admin processing or PIMS delays?
gc28262
06-28 09:33 AM
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
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.
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
desi3933,
Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
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 ?
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
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.
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
desi3933,
Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
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 ?
2011 Daily Calendar Refill Oct.
ski_dude12
09-07 04:33 PM
We got our receipts today. Mailed out the application on the 2nd - Reached NSC on the 3rd. Receipt numbers are SRC so my case got transferred to TSC.
Receipts are coming... just hang in there.
Receipts are coming... just hang in there.
more...
dtekkedil
07-03 02:26 PM
Please send following message :
Message to Emilio
Thank you for giving us Hope for few hours on July 1st and taking it away. We enjoyed the pain. Wish you all the best for future Visa Bulletins for Employment based legal immigration
Don't worry, we will wait for 100 years for our green card.
I understand the pain you are going through... but we do not want to sound pissed! Just a simple best wishes will put our message through (if done by enough people). It burns no bridges... and it can attract the media... we want to shame them not ourselves!
Message to Emilio
Thank you for giving us Hope for few hours on July 1st and taking it away. We enjoyed the pain. Wish you all the best for future Visa Bulletins for Employment based legal immigration
Don't worry, we will wait for 100 years for our green card.
I understand the pain you are going through... but we do not want to sound pissed! Just a simple best wishes will put our message through (if done by enough people). It burns no bridges... and it can attract the media... we want to shame them not ourselves!
maag
05-30 10:49 AM
Thanks Marty once again.
I plan to apply for SIN but is it required to do medical insurance, PO box and bank account right now?
I am returning back on monday and as of now don't know if i will go to canada or stay in US.
I plan to apply for SIN but is it required to do medical insurance, PO box and bank account right now?
I am returning back on monday and as of now don't know if i will go to canada or stay in US.
more...
GCStatus
09-13 09:04 PM
Folks
First of all, ask yourself the following points before continue reading.
1. Do I need a Green card at ANY cost ( Any cost = Waiting for yrs, Not willing to risk any other options, afraid to raise issues, not pinpointing flaws )
2. Willing to fight for justice.
If you chose the option 1, please stop reading further and good luck.
For the option 2, here we go.I am new to this web site and it seems there are approx 70k people here and lot more outside. Huge enough to create miracles.
Just to remind ourself who we are. We are Highly skilled LEGAL immigrants. It not only means we are skillful but it also means we pay every damn tax which is out there. We pay for welfare. We pay for unemployed. We pay for pensioners. List goes on. We pay fees for every application processed by USCIS ( Labor, I-140,I-485,I-765,I-131 etc etc ). We pay rent. We buy cars. We buy houses. In short, we are nothing but GOLD to this economy.
However, this one department called USCIS is literally toying with us for yrs now as if we are slaves or we are obligated to them. We dont want anyone to do us any favour. We need justice.
Friends - I have self respect and i wasn't born chanting Green Card. I AM going to face them, confront them, demand them to provide justice, if not I want them to REFUND every penny i have paid so far. If this "I AM" becomes "WE", half the battle won. TOGETHER WE STAND, VICTORY/JUSTICE FOR ALL. If you are still hesitant, you made a bad choice of choosing option 2. Please go back to option 1.
ITS ABOUT TIME.
Latest
We are making great progress on this and glad to see tonnes of positive responses. For the people who are viewing this thread first time, please send your name, e-mail, ph number and the amount you are willing to contribute ( in case of a lawsuit ) to man-woman-and-gc (http://immigrationvoice.org/forum/member.php?u=24869) who is graciously collecting information for us and adding them in the below spreadsheet. Next steps on the way.
http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en# (http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#)
First of all, ask yourself the following points before continue reading.
1. Do I need a Green card at ANY cost ( Any cost = Waiting for yrs, Not willing to risk any other options, afraid to raise issues, not pinpointing flaws )
2. Willing to fight for justice.
If you chose the option 1, please stop reading further and good luck.
For the option 2, here we go.I am new to this web site and it seems there are approx 70k people here and lot more outside. Huge enough to create miracles.
Just to remind ourself who we are. We are Highly skilled LEGAL immigrants. It not only means we are skillful but it also means we pay every damn tax which is out there. We pay for welfare. We pay for unemployed. We pay for pensioners. List goes on. We pay fees for every application processed by USCIS ( Labor, I-140,I-485,I-765,I-131 etc etc ). We pay rent. We buy cars. We buy houses. In short, we are nothing but GOLD to this economy.
However, this one department called USCIS is literally toying with us for yrs now as if we are slaves or we are obligated to them. We dont want anyone to do us any favour. We need justice.
Friends - I have self respect and i wasn't born chanting Green Card. I AM going to face them, confront them, demand them to provide justice, if not I want them to REFUND every penny i have paid so far. If this "I AM" becomes "WE", half the battle won. TOGETHER WE STAND, VICTORY/JUSTICE FOR ALL. If you are still hesitant, you made a bad choice of choosing option 2. Please go back to option 1.
ITS ABOUT TIME.
Latest
We are making great progress on this and glad to see tonnes of positive responses. For the people who are viewing this thread first time, please send your name, e-mail, ph number and the amount you are willing to contribute ( in case of a lawsuit ) to man-woman-and-gc (http://immigrationvoice.org/forum/member.php?u=24869) who is graciously collecting information for us and adding them in the below spreadsheet. Next steps on the way.
http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en# (http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#)
2010 Desk Calendar Refill
LONGGCQUE
11-17 03:19 PM
Done. Will be sending messages to my freinds
more...
gccovet
02-10 02:25 PM
With sujijag's 50, needhelp!'s 25, and gccovet 25.00
we are at $1144.00
Bring it on!!! keep on going.
GCCovet.
we are at $1144.00
Bring it on!!! keep on going.
GCCovet.
hair Desk Calendar Refill,
sabbygirl99
03-28 02:38 PM
I have mulled over different options in my head for a long time. Here are some things I came up with:
- switch to a part time H1 (and do something else in your free time that you might find a little more fulfilling, i.e enrolling in PT grad program, starting a business (which you CAN do on an H1!!!), travel!!). I know there is the money factor but most of us are IT people and hopefully taking a cut will be worth the improved life.
- begin your Canadian PR process. This takes a lot less time and honestly, I think Canadians are more cultured anyway. Leave these people to their Paris and Nicoles :)
OK - I guess I didn;t come up with as many options as I had thought.... :)
- switch to a part time H1 (and do something else in your free time that you might find a little more fulfilling, i.e enrolling in PT grad program, starting a business (which you CAN do on an H1!!!), travel!!). I know there is the money factor but most of us are IT people and hopefully taking a cut will be worth the improved life.
- begin your Canadian PR process. This takes a lot less time and honestly, I think Canadians are more cultured anyway. Leave these people to their Paris and Nicoles :)
OK - I guess I didn;t come up with as many options as I had thought.... :)
more...
malaGCPahije
05-01 01:13 PM
I agree. Something strong needs to happen for EB3(I). I personally never have seen any difference between the pain felt by EB2 and EB3, ROW or I. Everyone feels the same pain waiting for their GC. But the prospect for EB2 atleast looks better. For EB3 it looks gloomy as always.
If there is a lawsuit, then it should be for all, not just for EB3.
If there is a lawsuit, then it should be for all, not just for EB3.
hot Le Petit Calendar Refill 2011
tonyHK12
02-24 03:30 PM
deleting...
more...
house calendar refills,business
rdehar
04-30 01:00 PM
Are we going to see the bulletin move to 2002,2003,2004,2005 ? in the next year .. wow its backed up 7 yrs..
Any realistic numbers how many EB3 India pending cases are there with PDs in each of 2001, 2002, 2003, 2004 ...
Anyone know any links, USCIS keeps on posting some data all the time.
Any realistic numbers how many EB3 India pending cases are there with PDs in each of 2001, 2002, 2003, 2004 ...
Anyone know any links, USCIS keeps on posting some data all the time.
tattoo desk calendar refills 2
softwareguy
07-08 03:50 PM
Do you really believe there are 700K "unique" cases pending.
I think elimination of Labor Substitution would take out atleast half of 700 K pending labors..
Making the total new cases definitely managable - "damn again I m thinking logically." :rolleyes:
I think elimination of Labor Substitution would take out atleast half of 700 K pending labors..
Making the total new cases definitely managable - "damn again I m thinking logically." :rolleyes:
more...
pictures Twopage Monthly Calendar Tabs
shaikhshehzadali
06-13 08:00 PM
No. U can't...All the application should go to Nebraska
I am not an attorney...Information may not be correct
I am not an attorney...Information may not be correct
dresses executive calendar refill
waitnwatch
08-18 02:53 PM
Two things..........
I'm sure you can put your point across without bandying about your expertise in the English language.
your juvenile logic about the USCIS deciding how important your work is can be extended to how much you get paid too. How about demanding that you be paid equal to CEO's of fortune 100's!
And finally you still want to live in the US
Exactly... there is no such thing as LOW HANGING BALLS.... they shuld be fair to everyone... this is just a case of discrimination... first make all these useless categoreis... EB-1, eb2 blah blah..... i mean cummon who the fuck are they to decide how important my work is.... or under what category it falls... i thought the americans considered all work equal.. and respected everyone... well that was my impression before coming here... anyways.... so much fucking hipocrisy....
I'm sure you can put your point across without bandying about your expertise in the English language.
your juvenile logic about the USCIS deciding how important your work is can be extended to how much you get paid too. How about demanding that you be paid equal to CEO's of fortune 100's!
And finally you still want to live in the US
Exactly... there is no such thing as LOW HANGING BALLS.... they shuld be fair to everyone... this is just a case of discrimination... first make all these useless categoreis... EB-1, eb2 blah blah..... i mean cummon who the fuck are they to decide how important my work is.... or under what category it falls... i thought the americans considered all work equal.. and respected everyone... well that was my impression before coming here... anyways.... so much fucking hipocrisy....
more...
makeup 2012 Calendar Diary Week Day
sammyb
11-17 05:23 PM
Sent to
Senator Franken (D-MN)
Senator Klobuchar (D-MN)
Representative Paulsen
Senator Franken (D-MN)
Senator Klobuchar (D-MN)
Representative Paulsen
girlfriend calendar refills
natrajs
09-02 10:19 PM
What are the steps to be taken after receiving GC ?
You have to update your SSN ( Go to your near by SSN office they will guide you)
You have to update your SSN ( Go to your near by SSN office they will guide you)
hairstyles 2012 Calendar Diary Week Day
salai007
08-13 11:45 AM
My lawyer went to the SC and dropped the papers on July 2, still I am waiting for my receipt#....does anybody in my situation like this?
Regards,
-Salai
Regards,
-Salai
CADude
08-14 02:58 PM
I think you will OK. Please wait couple of more days. :) TSC is slow in receipting...
My application was mailed on June 25th to TSC and picked up by TSC IO on June 28th . The new weekly processing update states processing/receipting completed till june 28th. But they still haven't cashed my check or issued any receipt ? When I called the 800 number to ask them regarding my application they first told me to wait for 15 days ,then 45 days and now 90 days. Whats the point of issuing weekly update if USCIS itself is not following it,it is creating more anxiety then doing any good.
I am wondering what if they misplaced/lost my application, will they accept resubmitting a new I485 petition after Aug17th based on Fedex signature conformation receipt signed by an IO, of previously filed petition??:confused:
My application was mailed on June 25th to TSC and picked up by TSC IO on June 28th . The new weekly processing update states processing/receipting completed till june 28th. But they still haven't cashed my check or issued any receipt ? When I called the 800 number to ask them regarding my application they first told me to wait for 15 days ,then 45 days and now 90 days. Whats the point of issuing weekly update if USCIS itself is not following it,it is creating more anxiety then doing any good.
I am wondering what if they misplaced/lost my application, will they accept resubmitting a new I485 petition after Aug17th based on Fedex signature conformation receipt signed by an IO, of previously filed petition??:confused:
GC_Optimist
10-27 10:38 AM
Congress is going to meet on Nov 13. after the elections.
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