english_august
07-04 01:19 PM
Wow! This is what a truly grass roots effort can do. I am in for July 10th as well. Can IV core please put this as an action item on the main page!
This has the potential of a truly good media event!
This has the potential of a truly good media event!
wallpaper Greek Goddess Athena Statue
vin13
07-16 06:25 PM
If u want to be fair, fight to remove country quota and not fight among EB categories
kondur_007
09-27 01:40 PM
Sorry for my French guys...I generally dont like to use bad words, but this Charles Oppenheim boils my blood...
Look at all his previous statements...I dont know under what kind of influence he makes his statements...
He has BSed us in the past (look at his prior statement that he made in VEGAS) ....
Now he is BSing us again....
And we take his words seriously and start another set of arguments....
God bless every one; I need to calm down now. If possible please ignore this Oppehemi guy; he is just another joker.
Look at all his previous statements...I dont know under what kind of influence he makes his statements...
He has BSed us in the past (look at his prior statement that he made in VEGAS) ....
Now he is BSing us again....
And we take his words seriously and start another set of arguments....
God bless every one; I need to calm down now. If possible please ignore this Oppehemi guy; he is just another joker.
2011 Athena Goddess Costume
TeddyKoochu
09-10 03:49 PM
Instead of working on recapture..we must work on filing for 485 even if PD's are not current.. this way.. atleast in this recession ppl can be assured of some piece of mind.
visa recapturing will not happen..am not being pessimistic..its just too much of a hassle...needs a law and all that.. too complicated.
allowing to file for 485 can be bought back as a temporary relief..we should work on that!
I fully agree with this suggestion. This will greatly alleviate the suffering of the population who missed Jul 07 irrespective of EB2/EB3. The only way we can get the interim benefits (EAD/AP) is that the date crosses our PD's again which in the pre-adjudicated world is going to take a while. Any thoughts suggestions welcome.
visa recapturing will not happen..am not being pessimistic..its just too much of a hassle...needs a law and all that.. too complicated.
allowing to file for 485 can be bought back as a temporary relief..we should work on that!
I fully agree with this suggestion. This will greatly alleviate the suffering of the population who missed Jul 07 irrespective of EB2/EB3. The only way we can get the interim benefits (EAD/AP) is that the date crosses our PD's again which in the pre-adjudicated world is going to take a while. Any thoughts suggestions welcome.
more...
TheOmbudsman
10-25 04:19 PM
Hi Ahimsa and other poster who questioned this:
Why SKULL bill ? As a high level manager I have learned after years of experience that you need to use good sense of humor, satirize when confronted with insanities and very stressful situations. In my life such a twaddle this immigration process has been that I need to come up to this forum and sometimes make some of us laugh a little bit from this situation. Calling it SKULL bill is a way to apply my sense of humor to this process. Please do not take this as an offense.
Please, please. Folks, didn't you see immigration-law.com and AILA.org - a reliable pro immigration sources - outlining that that anti CIR calls outnumbered the pro CIR calls 400:1 ? Go to AILA.org and research the info there by yourself if you don't trust me.
One more indication for you, which doesn't rely on biased polls:
In spite of massive lobby and muscles leveraged by the corporate sector, why do you think immigration bills - both pro legal and pro illegal - have been unsuccessful in the last two years ? Come on guys, by now you should not be questioning whether the public is against amnesty or even legal immigration. It is evident that the majority of citizens do not benefit from more immigration. Do you have an idea how much lobbying $ got involved on this without much success so far ? I am surprised that you are even raising this question. Why Americans should want more foreigners to compete with them when the real wages have declined ? That would defy logic.
Here, a fresh related evidence. Those who have an open mind should be able to understand this:
http://diversity.monster.com/articles/coming_to_america/?WT.mc_n=MNL000283
Does the Workplace Welcome Differ?
Are Americans more welcoming to Asian immigrants than to Hispanics/Latinos? C.N. Le, who directs the Asian American Studies Program at the University of Massachusetts, calls it "a complicated issue." She thinks that "Americans in general are becoming slightly less welcoming to immigrants in general. Part of it has to do with illegal immigration, but it spills over and affects legal immigrants too. There is always workplace tension between those who gets jobs, and those who get left out."
Talk about this article and get advice on the Diversity at Work message board.
Here is a fresh poll for you, since you asked:
source:numbersusa.com (the poll was not conducted by numbersusa.com though).
QUESTION A: If immigration continues at its current level for the next 50 years, experts estimate that it will add approximately 100 million people to the United States population, which currently is 300 million. Knowing this, would you say the country needs to:
% SAYING
NOTE: Typically, poll results for categories are released to the public in rounded numbers that will tend not to add up precisely to 100%.
REDUCE number of immigrants INCREASE number of immigrants Keep number the same Not sure
ALL VOTERS 64 3 26 6
Male 64 3 26 6
Female 65 2 26 6
PARTY
Democrat 59 2 32 6
Independent 59 4 31 4
Republican
1. Why do you keep mentioning SKIL bill clearly as SKULL bill in all your posts?
2. Did people clearly indicate they did not want reliefs for EB immigrants - did they accept Lou Dobbs' lies on H-1B such as "H-1Bs do not pay taxes, are cheap labor, are stealing american jobs"?
Why SKULL bill ? As a high level manager I have learned after years of experience that you need to use good sense of humor, satirize when confronted with insanities and very stressful situations. In my life such a twaddle this immigration process has been that I need to come up to this forum and sometimes make some of us laugh a little bit from this situation. Calling it SKULL bill is a way to apply my sense of humor to this process. Please do not take this as an offense.
Please, please. Folks, didn't you see immigration-law.com and AILA.org - a reliable pro immigration sources - outlining that that anti CIR calls outnumbered the pro CIR calls 400:1 ? Go to AILA.org and research the info there by yourself if you don't trust me.
One more indication for you, which doesn't rely on biased polls:
In spite of massive lobby and muscles leveraged by the corporate sector, why do you think immigration bills - both pro legal and pro illegal - have been unsuccessful in the last two years ? Come on guys, by now you should not be questioning whether the public is against amnesty or even legal immigration. It is evident that the majority of citizens do not benefit from more immigration. Do you have an idea how much lobbying $ got involved on this without much success so far ? I am surprised that you are even raising this question. Why Americans should want more foreigners to compete with them when the real wages have declined ? That would defy logic.
Here, a fresh related evidence. Those who have an open mind should be able to understand this:
http://diversity.monster.com/articles/coming_to_america/?WT.mc_n=MNL000283
Does the Workplace Welcome Differ?
Are Americans more welcoming to Asian immigrants than to Hispanics/Latinos? C.N. Le, who directs the Asian American Studies Program at the University of Massachusetts, calls it "a complicated issue." She thinks that "Americans in general are becoming slightly less welcoming to immigrants in general. Part of it has to do with illegal immigration, but it spills over and affects legal immigrants too. There is always workplace tension between those who gets jobs, and those who get left out."
Talk about this article and get advice on the Diversity at Work message board.
Here is a fresh poll for you, since you asked:
source:numbersusa.com (the poll was not conducted by numbersusa.com though).
QUESTION A: If immigration continues at its current level for the next 50 years, experts estimate that it will add approximately 100 million people to the United States population, which currently is 300 million. Knowing this, would you say the country needs to:
% SAYING
NOTE: Typically, poll results for categories are released to the public in rounded numbers that will tend not to add up precisely to 100%.
REDUCE number of immigrants INCREASE number of immigrants Keep number the same Not sure
ALL VOTERS 64 3 26 6
Male 64 3 26 6
Female 65 2 26 6
PARTY
Democrat 59 2 32 6
Independent 59 4 31 4
Republican
1. Why do you keep mentioning SKIL bill clearly as SKULL bill in all your posts?
2. Did people clearly indicate they did not want reliefs for EB immigrants - did they accept Lou Dobbs' lies on H-1B such as "H-1Bs do not pay taxes, are cheap labor, are stealing american jobs"?
alterego
12-12 05:50 PM
That is exactly my point. I mean even if the H1B quota DOES increase, is it more harm or good?
The new H1Bs will go at the back of the line, but atleast a lot of the people here like spouses on h4 might get a fighting chance to get new H1s? Somehow I dont see how an increase in the H1 quota can negatively affect us EB folk. Now dont get me wrong that is NOT all I want and nothing would please me more if the EB quota was increased as well. All I am saying is, let us not totally oppose the H1B increases just because most of us on here already have one. Half of the spouses on here can start working the minute the H1B quota is increased. Moreover stuedents already here can start working and dont have to be at the mercy of the H1b quota to graduate etc.
Let me tell you how it can affect you. In an ideal system it will not affect you, but in this one you can't say.
There are folks here who arrived 11 yrs ago who do not have a green card yet. On the other hand there are those that came in 2002 who are sailing pretty. The fact that this is happening and that FIFO is a fallacy, that is proof that it will hurt us.
Here are a few reasons.
1)More H1bs coming from non retrogressed countries will keep siphoning off the visa numbers and limit spillover which we desperately need absent legislation to get out of this hole.
2)As long as the crazy practice of Labour Subs continues, there will always be those youngsters who arrive, grab/buy/are peddled a Labour Sub. cut to the front of the line and move on, while you and I sit sobbing at our fates.
3)As H1bs coming here and not getting green cards becomes entrenched in the minds of employers, they will see you as such and be reluctant to sponsor you for a green card. H1b changes into a vehicle for short term workers much like the J1 visa for resident physicians.
4)L visas are frequently converted to H1bs as a precursor to green card petitioning.
The new H1Bs will go at the back of the line, but atleast a lot of the people here like spouses on h4 might get a fighting chance to get new H1s? Somehow I dont see how an increase in the H1 quota can negatively affect us EB folk. Now dont get me wrong that is NOT all I want and nothing would please me more if the EB quota was increased as well. All I am saying is, let us not totally oppose the H1B increases just because most of us on here already have one. Half of the spouses on here can start working the minute the H1B quota is increased. Moreover stuedents already here can start working and dont have to be at the mercy of the H1b quota to graduate etc.
Let me tell you how it can affect you. In an ideal system it will not affect you, but in this one you can't say.
There are folks here who arrived 11 yrs ago who do not have a green card yet. On the other hand there are those that came in 2002 who are sailing pretty. The fact that this is happening and that FIFO is a fallacy, that is proof that it will hurt us.
Here are a few reasons.
1)More H1bs coming from non retrogressed countries will keep siphoning off the visa numbers and limit spillover which we desperately need absent legislation to get out of this hole.
2)As long as the crazy practice of Labour Subs continues, there will always be those youngsters who arrive, grab/buy/are peddled a Labour Sub. cut to the front of the line and move on, while you and I sit sobbing at our fates.
3)As H1bs coming here and not getting green cards becomes entrenched in the minds of employers, they will see you as such and be reluctant to sponsor you for a green card. H1b changes into a vehicle for short term workers much like the J1 visa for resident physicians.
4)L visas are frequently converted to H1bs as a precursor to green card petitioning.
more...
485Mbe4001
07-28 12:29 PM
good post with good points.
Additionally EB3 ROW will also suffer because the overflow will be allocated to EB2 first. You will see more and more countries getting retrogressed in EB3. It is not a case of being envious about EB2's, it is simply the fact that EB3's as a whole are screwed very bad and EB3 I in particular will never be current.
(On paper) This visa bulletin looks like an attempt to sow discontent among the nascent EB organizations (IV in particular) and it seems to have succeeded. EB 3 have dropped off from state chapters(I have). It exposed the worst from all the groups. 2007 VB fiasco helped many, but it also created many issues for DOL and USCIS that its payback time for us, they will go through each rule with a fine tooth comb and make sure that this will never happen again. it is my opinion that in the end we lost big time.
Sorry to read blaming debates between eb3 and eb2. Insted of blaming, it is better to take some action. Based on current practice by DOS, EB3-I will be like this for ever, unless more number opens up by any legislative changes. As per law, each EB catagories are allowed to have 40K visas. As demand for EB2 is more, (paricularly by In,Ch) one can not expect any flow from EB2 to EB3 . This is law one can not change it.
Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.
Additionally EB3 ROW will also suffer because the overflow will be allocated to EB2 first. You will see more and more countries getting retrogressed in EB3. It is not a case of being envious about EB2's, it is simply the fact that EB3's as a whole are screwed very bad and EB3 I in particular will never be current.
(On paper) This visa bulletin looks like an attempt to sow discontent among the nascent EB organizations (IV in particular) and it seems to have succeeded. EB 3 have dropped off from state chapters(I have). It exposed the worst from all the groups. 2007 VB fiasco helped many, but it also created many issues for DOL and USCIS that its payback time for us, they will go through each rule with a fine tooth comb and make sure that this will never happen again. it is my opinion that in the end we lost big time.
Sorry to read blaming debates between eb3 and eb2. Insted of blaming, it is better to take some action. Based on current practice by DOS, EB3-I will be like this for ever, unless more number opens up by any legislative changes. As per law, each EB catagories are allowed to have 40K visas. As demand for EB2 is more, (paricularly by In,Ch) one can not expect any flow from EB2 to EB3 . This is law one can not change it.
Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.
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tikka
05-23 11:17 AM
I feel Faxing 1 page document with the critical issues will have more impact in addition to the emails .
Can some body send the template for faxes and link to webfax also. I email 10 senate members until now
can you share the email id's please. someone on the forum was looking for the emails.
thanks
Can some body send the template for faxes and link to webfax also. I email 10 senate members until now
can you share the email id's please. someone on the forum was looking for the emails.
thanks
more...
gc_aug_2010
08-24 05:48 PM
Hi guys,
Did anyone here get this RFE (quoted below)? I have been working for the sponsoring company for the past 5+ years at various client locations. The current location is a different state from the employer state. I always had all LCA's etc..So any tips on how to respond is highly appreciated.
Is just an EVL stating "same terms as in I-140 apply and still continue to offer" be good enough? Or do u guys suggest sending current LCA and pay stubs? I really dont want to send too much or too less..
I know people have different things to say and my lawyer will have his own opinion, but i wanted to see if anyone got this and how their lawyers responded and what response got their approval. Thanks in advance
"The documentation submitted with your application and/or a review of Service records indicates that you no longer reside in the same state or geographical location as the underlying Form I-140 immigrant visa petitioner and/or the job location specified by your intended permanent employer.
Therefore, submit a currently dated letter from your original Form I-140 employer which addresses this discrepancy. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist."
Did anyone here get this RFE (quoted below)? I have been working for the sponsoring company for the past 5+ years at various client locations. The current location is a different state from the employer state. I always had all LCA's etc..So any tips on how to respond is highly appreciated.
Is just an EVL stating "same terms as in I-140 apply and still continue to offer" be good enough? Or do u guys suggest sending current LCA and pay stubs? I really dont want to send too much or too less..
I know people have different things to say and my lawyer will have his own opinion, but i wanted to see if anyone got this and how their lawyers responded and what response got their approval. Thanks in advance
"The documentation submitted with your application and/or a review of Service records indicates that you no longer reside in the same state or geographical location as the underlying Form I-140 immigrant visa petitioner and/or the job location specified by your intended permanent employer.
Therefore, submit a currently dated letter from your original Form I-140 employer which addresses this discrepancy. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist."
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dionysus
09-09 04:36 PM
Got the magic email!! Yoo Hoo!!
Congrats buddy. Can you give some more info about your case please? Like the PD etc.
Congrats buddy. Can you give some more info about your case please? Like the PD etc.
more...
smsthss
03-28 11:28 AM
At one end it is bad that USCIS moved back Nebraska Processing date to June 08 2007 (More than one month backword) but it looks like USCIS is preparing itself to kick EB3-India ahead... It is too early to say this confidently.. But my feeling is that USCIS will keep processing dates tied to June 2007 and will kick EB3-India ahead. I am keeping my fingers crossed. Though as per murthy's web site in May bulletin EB3-India dates will remain same, I am feeling that if my guess is correct then at least from June bulletin we will see 2 patterns 1) Nebraka processing date would not move ahead for some months or will
move ahead very slowly from June 08 2007
2) Eb3-India PD dates will move ahead speedily. To me it looks like USCIS is now prepared to kick EB3-I (Till June 2003 PD) lot out.
How is the nebraska processing date of june 2007 linked to the visa bulletin. How can you say that looking at processing times of june 2007, we can predict that USCIS wants to push out EB3-I past jun 2003?????
move ahead very slowly from June 08 2007
2) Eb3-India PD dates will move ahead speedily. To me it looks like USCIS is now prepared to kick EB3-I (Till June 2003 PD) lot out.
How is the nebraska processing date of june 2007 linked to the visa bulletin. How can you say that looking at processing times of june 2007, we can predict that USCIS wants to push out EB3-I past jun 2003?????
hot the olympian gods
jeffrey930
10-02 01:24 AM
found out today my EAD status finally changed to card production i'm so happy...i hope everyone get theres EAD soon, i know the wait is a pain in the @##... How many days you guys think before i get my card on hand? thanks for any reply..
EB3------NEBRASKA ( LIN-***-*** *****)
RD: I-485,I-765,I-140------July 27,2007
ND: September 4,2007
FP:October 11,2007
AED: Card Production Ordered---- October 1, 2007
EB3------NEBRASKA ( LIN-***-*** *****)
RD: I-485,I-765,I-140------July 27,2007
ND: September 4,2007
FP:October 11,2007
AED: Card Production Ordered---- October 1, 2007
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pappu
09-01 09:18 AM
Everyone getting receipt notices, and not coming to the rally, (not coming to the rally -most on tracker threads), please at least consider contributing to the rally once you get your notice or FP done or get EAD!. The rally cost is huge and we can do much more if people can contribute generously.
We helped you get to the stage so that everyone can file I485s. It pains us in the core team see how our members who used to tell us all the time to at least allow them to file I485 and then they will wholeheartedly take part and support IV have turned their backs on us now. With our work and victory in Visa bulletin fiasco, we even answered people who used to ask us for our achievements before they could contribute.
Now it is your opportunity to deliver.
We helped you get to the stage so that everyone can file I485s. It pains us in the core team see how our members who used to tell us all the time to at least allow them to file I485 and then they will wholeheartedly take part and support IV have turned their backs on us now. With our work and victory in Visa bulletin fiasco, we even answered people who used to ask us for our achievements before they could contribute.
Now it is your opportunity to deliver.
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gcisadawg
08-10 11:31 PM
Congratulations !! Wish there was a "welcome kit" buddy ... but all you will receive is an I-797 ...welcome notice :)
It would be cool if there is a $1000 Gift card for Circuit city and a $1000 Gift card for Home depot along with the welcome notice. The newly minted PR can expedite his decision to buy a home that has been pending for the lack of GC and spend the gift cards to accessorize it!
-n4nature
It would be cool if there is a $1000 Gift card for Circuit city and a $1000 Gift card for Home depot along with the welcome notice. The newly minted PR can expedite his decision to buy a home that has been pending for the lack of GC and spend the gift cards to accessorize it!
-n4nature
more...
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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
dresses The Greek goddess Athena
StarSun
02-03 09:16 AM
To get a head start on the advocacy effort, we need members to register, contribute, plan the travel, and spread the word as soon as possible.
more...
makeup Athena is the Greek Goddess of
at0474
03-26 11:19 AM
Are we sure that there are around 5-6k EB3 pending in the years 2002 and 2003. If thats true then it will take atleast 6 more years to process all the EB3's for 2002 and 2003 :(
--But I am hoping there would be a spill over in june/july. That should give some extra numbers. But who knows...
--But I am hoping there would be a spill over in june/july. That should give some extra numbers. But who knows...
girlfriend Greek Goddess .. Athena by
zoooom
07-19 07:23 PM
I pledge $100.00
Wait for someone to tell me how to send.
Pls wait. We will decide the mode of payment once we get the final count. Thanks
Wait for someone to tell me how to send.
Pls wait. We will decide the mode of payment once we get the final count. Thanks
hairstyles History gt; Athena - Roman
msp1976
05-06 07:11 PM
Who the heck dug up the depression thread...
It was away for a while guys.....Put it away...
It was away for a while guys.....Put it away...
sdrk
07-20 05:37 AM
I pledge $100
Janisaris
08-24 08:49 PM
Did you get your reciept yet or checks cashed? Which service center?
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