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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Dhundhun
03-29 12:29 AM
Since you never got an H1-B stamped in your passport, you are not eligible for AVR (since there is no H1B visa to revalidate). You could do AVR for F-1 since you have that stamp but that is also NOT VIABLE any more because you are now not eligible/admissible for F-1.
I think, F-1 Visa to H1B AVR is allowed, when F-1 is adjusted to H1B in USA.
I think, F-1 Visa to H1B AVR is allowed, when F-1 is adjusted to H1B in USA.
foobar2001
09-02 08:57 AM
hi,
folks who got their GC recently - i was wondering what the post "card production ordered" timeline looks like. How long did it take to get the GC in hand once the CPO email/LUD was received, and what other updates did you receive along the way?
thanks and good luck to all.
-andy
folks who got their GC recently - i was wondering what the post "card production ordered" timeline looks like. How long did it take to get the GC in hand once the CPO email/LUD was received, and what other updates did you receive along the way?
thanks and good luck to all.
-andy
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bombay
02-05 02:19 PM
Thanks Lasantha,
I am the primary Applicant. And my wife is secondary applicant. Can u send me any links or a lawyers contact so i can confirm it
I think it depends on who the primary applicant is in your Canadian PR application. If you are the primary applicant (and used your spouce's qualifications to get the extra points), you should be able to do the landing alone. But if you are the secondary applicant and your wife is the primary then I don't think you can land without her.
I think the rule is that the secondary applicants cannot land until the primary applicant has landed. (So the secondary applicants (spouce, kids) have to land either with the primary applicant or after him.
I am the primary Applicant. And my wife is secondary applicant. Can u send me any links or a lawyers contact so i can confirm it
I think it depends on who the primary applicant is in your Canadian PR application. If you are the primary applicant (and used your spouce's qualifications to get the extra points), you should be able to do the landing alone. But if you are the secondary applicant and your wife is the primary then I don't think you can land without her.
I think the rule is that the secondary applicants cannot land until the primary applicant has landed. (So the secondary applicants (spouce, kids) have to land either with the primary applicant or after him.
more...
Deepika
07-04 03:46 PM
My application was delivered on Jul 2, 12:15 PM to Nebraska and signed by Robert Picture .
apahilaj
01-06 10:00 AM
Guys,
Just wanted to give you an update on my FP notice. Finally I got FP notice today schedule for 01/29/08. I guess Infopass appointment works. I had infopass appointment on 21st of Dec 2007 and IO told me I should expect FP within 3 weeks . I guess USCIS has started working after a long break. Hang on guys.
Congrats Parag. You got it finally. Am still waiting.
Do you know which option you selected when you had scheduled the infopass? Also, what documents did you carry at the infopass?
Thanks for the update again.
Just wanted to give you an update on my FP notice. Finally I got FP notice today schedule for 01/29/08. I guess Infopass appointment works. I had infopass appointment on 21st of Dec 2007 and IO told me I should expect FP within 3 weeks . I guess USCIS has started working after a long break. Hang on guys.
Congrats Parag. You got it finally. Am still waiting.
Do you know which option you selected when you had scheduled the infopass? Also, what documents did you carry at the infopass?
Thanks for the update again.
more...
spulugur
02-27 08:12 AM
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akhilmahajan
02-10 10:39 AM
Thanks a lot gc28262.
Grand Total - $944
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Sent $25 by DCU bill payer: Conf# 8MWJ0-YG7FV
Grand Total - $944
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Sent $25 by DCU bill payer: Conf# 8MWJ0-YG7FV
more...
mbawa2574
09-07 12:08 PM
Did ur packet was received by R.Williams ?
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SDdesi
08-14 12:55 AM
We have received FP notices for our 485 applications that reached USCIS on July 2nd (EB2/India)
Good luck to all other IV folks.
Good luck to all other IV folks.
more...
rahulpaper
10-03 11:43 AM
bump
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vshar
07-22 09:44 PM
I feel for the guys who have been waiting since 2001 for their green cards in the EB3-I/C category.
To change the interpretation of how spillover is applied, you will need a better argument than "The system isn't fair."
Why should the USCIS/DOS favor EB3 over EB1 or EB2? Unless you provide a reason that benefits America, no executive or law maker is going to touch this. You can see why this is a tough argument to make - The USCIS sees EB1 as better educated and more accomplished on average than EB2 and the same for EB2 over EB3. Are there exceptions to the rule? Ofcourse there are. But the law is designed to solve the most common scenario and not complicated situations like this.
EB3 to EB2 isn't a slam dunk as many of you have correctly pointed out. One option is to move employers and find the right employer who is ready to file for EB2. While that may not work for everyone, it is the only known way out of the EB3 nightmare.
I support measures that will alleviate your pain although this will likely not benefit my personal situation. Visa recapture is a real possibility at the end of this year - I recommend you support IV to accomplish this goal.
You are not man but superman.
To change the interpretation of how spillover is applied, you will need a better argument than "The system isn't fair."
Why should the USCIS/DOS favor EB3 over EB1 or EB2? Unless you provide a reason that benefits America, no executive or law maker is going to touch this. You can see why this is a tough argument to make - The USCIS sees EB1 as better educated and more accomplished on average than EB2 and the same for EB2 over EB3. Are there exceptions to the rule? Ofcourse there are. But the law is designed to solve the most common scenario and not complicated situations like this.
EB3 to EB2 isn't a slam dunk as many of you have correctly pointed out. One option is to move employers and find the right employer who is ready to file for EB2. While that may not work for everyone, it is the only known way out of the EB3 nightmare.
I support measures that will alleviate your pain although this will likely not benefit my personal situation. Visa recapture is a real possibility at the end of this year - I recommend you support IV to accomplish this goal.
You are not man but superman.
more...
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obviously
03-08 08:53 AM
and reduce your depression!
http://immigrationvoice.org/forum/sh...?t=3361&page=2
http://immigrationvoice.org/forum/sh...?t=3361&page=2
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desi3933
07-10 12:54 PM
@desi3933:
That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.
Where did you read that requirement? Assuming, again?
A self-employed business is always real.
A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.
Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ......
what does this mean?
confirm that the new employer and the job offer are legitimate
legitimate means bonafide. Isn't it?
For both, new employer and new job offer.
That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.
Where did you read that requirement? Assuming, again?
A self-employed business is always real.
A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.
Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ......
what does this mean?
confirm that the new employer and the job offer are legitimate
legitimate means bonafide. Isn't it?
For both, new employer and new job offer.
more...
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maag
05-31 08:16 AM
bombaysardar...
when do you plan to land
no questions were asked me while returning from India i used AP
when do you plan to land
no questions were asked me while returning from India i used AP
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pitha
07-07 08:43 PM
she said "But we're prepared to talk to people about what happened here."
hope that means they are willing to talk about giving EAD. If we get EAD all the lawsuits will be withdrawn. The law does not say AOS applications should not be accepted when there are no visa numbers available, the law only says AOS cannot be approved when visa numbers are not available. USCIS internal regulations says they will not accept AOS applications when priority date is not current. by now its quite apparent that USCIS has broken a lot of there own internal regulations just to make sure the visa numbers are used up before july 2 2007. Then can easily accomodate the EAD for july filers. It all depends upon the pressure exerted on USCIS and DOS
hope that means they are willing to talk about giving EAD. If we get EAD all the lawsuits will be withdrawn. The law does not say AOS applications should not be accepted when there are no visa numbers available, the law only says AOS cannot be approved when visa numbers are not available. USCIS internal regulations says they will not accept AOS applications when priority date is not current. by now its quite apparent that USCIS has broken a lot of there own internal regulations just to make sure the visa numbers are used up before july 2 2007. Then can easily accomodate the EAD for july filers. It all depends upon the pressure exerted on USCIS and DOS
more...
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Dhundhun
12-15 11:26 PM
It does not matter, you have to show +ve outlook, to perform and brings results - this is key to survival. Well, it is too personal, but:
- I give one hour to body, mediatation, exercise, yoga
- Sometimes I go to temple, spend 10-15 minutes
**********
**********
As I mentioned, it is personal, different people will have different approach, as everyone is steering through. I am not sure how much it is going to help - sharing of information on this front.
- I give one hour to body, mediatation, exercise, yoga
- Sometimes I go to temple, spend 10-15 minutes
**********
**********
As I mentioned, it is personal, different people will have different approach, as everyone is steering through. I am not sure how much it is going to help - sharing of information on this front.
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Prashant
07-03 11:47 AM
July 9th fine for me as well .....
No arguments...only folks who want to participate in this action reply to these posts.. PLEASE
No arguments...only folks who want to participate in this action reply to these posts.. PLEASE
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Lasantha
04-14 10:18 AM
I think you also need a Canadian address.
For people who have already landed and were not able to get a PR card applied, please follow the following link and apply for it.
http://immipedia.ca/CIC_call_centre
You need to have the following documents with you when you make the call:-
1. Landing Paper which you got stapled to your passport.
2. All the people who landed, as you cant apply for your spouse or kids PR.
Please let me know if you have any questions.
GO IV GO
For people who have already landed and were not able to get a PR card applied, please follow the following link and apply for it.
http://immipedia.ca/CIC_call_centre
You need to have the following documents with you when you make the call:-
1. Landing Paper which you got stapled to your passport.
2. All the people who landed, as you cant apply for your spouse or kids PR.
Please let me know if you have any questions.
GO IV GO
hiUS
09-11 10:27 AM
I did try to talk to customer care but it was of no help.
They tell me to wait for 30 days and sometime 60-90days.
They say you will become actual permanent resident when you get the card The card is important.
You now USCIS don�t know when they will change their minds.
To better be on safe side to get it stamped on my passport. I took info pass on 09-11-08 it will be almost 30 days,
let�s wait and see
approved on 8-12-08
NoWelcome notice Or Card
Hi GCEB2,
Please share you Infopass experience after you are done with it today. My case is exactly same as yours.
They tell me to wait for 30 days and sometime 60-90days.
They say you will become actual permanent resident when you get the card The card is important.
You now USCIS don�t know when they will change their minds.
To better be on safe side to get it stamped on my passport. I took info pass on 09-11-08 it will be almost 30 days,
let�s wait and see
approved on 8-12-08
NoWelcome notice Or Card
Hi GCEB2,
Please share you Infopass experience after you are done with it today. My case is exactly same as yours.
austin123
07-20 01:30 AM
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