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  • 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 ?




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  • TheOmbudsman
    10-30 09:46 AM
    Good morning.

    Yes, I am. That would be a very smart thing to do.

    Honestly, I don't see why NumbersUSA would use our information to develop a counter attack. What we want is straightforward and should be straightforward. Everyone knows who are the senators who listen to our lobbysts. Don't worry with that. Trying to fight against the desire of the American people and sneak in provisions on our behalf is not working. If NumbersUSA is comprised of 200,000+ very active members, chances are they will demolish us every time if we try to go against their desire. This is not like passing the 80's amnesty anymore. The Internet out there has proven to be a very powerful democratic tool on this. If you add provisions there such as temporary increase in visa numbers (enough to take the GC applicants veterans out of this mess) and similar modest proposals which do not increase the number of greencard significantly and coordinate with NumbersUSA, then we may succeed. Believe me I called IV members when this organization was created to explain this, but no one gets it. Persuading certain lawmakers to come up with the proposals on our behalf is the easy part. AILA has been doing this for a long time anyway. As long as you have the money and connections to do so. I am not taking the IV merit away. I do give them credit for organizing the structure and collecting the resources. However, this is not about credits or discredits. Think about it and figure out who actually blocked S.2611/1934 last year. Hint:It was not lawmakers. Note that we should try to come up with provisions enough to minimize the greencard waiting times, not making the priority current for everyone, although that would be obviously ideal.

    It is a reality that you don't like to hear:The American people, in a way represented by NumbersUSA, are the bosses on this. Trying to fight against is really hard. You need to gain their sympathy instead.

    Regards,

    The Ombudsman
    "Your dose of daily reality"


    Are folks on this thread suggesting we contact (communicate our plans to !!!) numbersusa? They are not going to listen to us, I can guarantee you that --- even if we tone down our demands! They might use our plans to develop a more effective strategy for themselves; they hate us from the bottom of their hearts. This is the most ridiculous and impractical thing I've heard in a while.




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  • nixstor
    07-08 11:24 AM
    no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.

    If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.

    Absolutely, Those who filed in June 2006 had a visa number available which were exhausted by the month of Aug 2006. I am not saying that there is a one to one match between availability of visa number and adjudication of visa number. To be more clear, DOS and USCIS might have took 30K applications when there were 20k visa numbers. I am totally aware of this. How ever, all these went unnoticed because there was not a deluge of applications like this and USCIS did not care much about the extra 10K, who will wait until they are available. It could also be possible that they were doing this so randomly like they have done right now, with out proper communication and have not hurt each other. But the deluge of applications sure did bothered USCIS and hence they worked over time to exhaust numbers. As we all know, there is no rule to say that if there are 20K visa numbers, stop accepting applications once you reach 20K, they have to honor the VB for that month even though they get 200k applications. Thats why they exhausted the number by July 1st and when they could not complete by Jun 30th. I feel that USCIS will have a tough time answering

    a) How USCIS used the numbers before the start of the quarter, even though they are not authorized to?
    b) How USCIS approved some folks on July 1st , when the July VB is already effective?
    c) lastly the poor communication between agencies and the grievances suffered by every one involved, if at all.




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  • fetch_gc
    10-18 11:15 AM
    Yesterday I have got my RN and today my wife has got hers.

    I was quite disappointed for a while, but feel a little better just to know that our apps are entered into the system.

    Thx



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  • rustum
    09-27 03:25 PM
    How much tense I should feel!!! Applied on July 23rd at NSC and no news so far.

    Anyone in the same boat?

    Thanks,
    -rk.
    Application reached on 27th NSC. I am also waiting for news.




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  • manderson
    03-08 10:17 AM
    :D :D :D :D Go Outback tonight. Life will still be here tomorrow.



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  • ganguteli
    07-08 11:11 AM
    Where is Moira from Buisnessweek?

    Why can't she cover this?




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  • kg318
    04-20 10:00 PM
    hi guyz,

    Here u go. The company name is 3i Infotech Inc. based in NJ.



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  • malibuguy007
    02-12 05:02 PM
    C'mon people, $20 is not that big an amount - keep it flowing.




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  • sujijag
    02-10 12:39 PM
    Contributed $50
    Immigration Voice $50.00 02/13/2009 8MWS5-D1N6F



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  • twinbrothers
    07-09 05:08 PM
    All:

    I am driving from Los Angeles to Bay Area on Friday (13th) evening to join the protest. I can accomodate 3 people to join the protest. You will have to find your own accomodation. Only those who are seriously interested in going for the Immigration Rally will be given a ride. I will be leaving from Pasadena, CA around 7 pm. If you are interested in this , please email me at twinbrothers@gmail.com.




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  • mita
    08-12 02:31 PM
    Did anyone receive card mailed e-mail/status update? I saw one member receive that.



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  • lazycis
    10-11 03:16 PM
    What happens when one filed labor under software engineer and then uses AC21 to switch jobs to a different company with a different job description like architect, product technologist or technical product manager.

    The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.

    I did use AC21. The law says (see 8 USC 1154(j)):

    "A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."

    So salary, job locations, etc. do not matter. What does matter is the job classification. As long as you are in the same field and do the same or similar job, you'll be fine. My company's lawyer told me that they never had a problem with AC21 (company has 100,000+ employees).

    Now, I am not sure if someone can leave the job, leave the US and come back 3 months later to work for a new employer. I think it's safer to have a continued employment.




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  • diptam
    07-02 09:16 AM
    Here is my USPS status so far , they are slow in updating than Fedex/UPS.

    Its also true that for Next day delivery they charge $20-25 but Fedex/UPS charges $80-$100. Lets hope it actually reaches there.

    Detailed Results:

    Arrival at Unit, July 01, 2007, 11:38 pm, LINCOLN, NE 68501
    Enroute, July 01, 2007, 7:52 pm, OMAHA, NE 68108
    Enroute, June 30, 2007, 4:09 pm, NORTH READING, MA 01889
    Acceptance, June 30, 2007, 12:34 pm, WOBURN, MA 01801


    Sent on Jun 29 using USPS through 2 days priority.
    Does anyone know how to figure out if USPS has received the packet? Site only tells that shipping info was received on Jun 29.



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  • guyfromsg
    07-19 11:51 PM
    Thanks IV core for the selfless sacrifice..A small pledge of $100




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  • TheOmbudsman
    10-30 11:48 AM
    Raj3078,

    Thanks for posting. Based on your posts, it seems that you are frustrated and angry. That is understandable. This situation is very stressful. Relax.

    I will give you a sincere and useful suggestion, that hopefully will be valid to others as well. Please refrain from pulling the race card on people talking about immigration. That makes you look emotional, character assassin and worse, that can make people perceive you as a racist yourself. That is the failed tactics used by illegal aliens and uneducated people when confronted with the reality that their attitude and posture is irrational. As far as I can tell, NumbersUSA objects against Irish people who came here illegally. Therefore I do not see any correlation between racial profiling there as you seem to persist. I am not here to defend NumbersUSA or Lou Dobbs. I am just here to remind you that if we continue following the rationale "us vs them" and doing character assassination, we will undeniably face rough opposition and struggle to get what we deserve.

    Thank you,

    The Ombudsman
    "Your dose of daily reality"


    You guys are making me sick and making me think that you are lobbying for numbersusa and alikes.....

    Senthil1 -
    Are you working for numbersusa? Do you know that it is made by white supremist who dont want any colored skin including native americans to be alive in US? Talk about your scare of getting too many people with substandard MS degrees. Do you not realize that the companies in USA knows a different in good US school and Bad one - So in nutshell the people from bad school wont get job? Do you know that there is nature's rule - Fittest Survival... So in case you are fit enough and qualified enough to get a job then you will get one, it does not matter if you are from good or bad school....
    Also, looking at your thoughts, it does not appear that you are MIT or Stanford grade material, so do us all a favor and keep your thoughts to yourself....

    Ombudsman - There is a questionmark on Senthil1's origination but we have no such doubt about yours.. You are definitely a MOLE in this IV Organization and the only reason they keep you on board is because this is democracy and we dont want to throw out someone who might disagree - Its about freedom of expression - But when Freedom of expression crosses the line and creates poison pill then we need to weed it out I guess.....
    In any case, I would definitely like to challenge your argument about 400 anti: 1 pro immigration calls. Are you aware of Avertising world rule that when someone does not like soemthing, they tend to tell at least 25 people about it, while when someone likes something, they might tell 1 person. In this case, this classic rule has applied beyond expectations because people who are calling are already racist who sit on their ass and expect all colored people to be their slaves and get things done for them. They want their mexican maid or indian computer programmer doing things for them but the moment they realize that these foreigners might get citizenship and be equal to them, they dont like that.... (and so do you)....So there you go....No wonder they pick up phone and dial....In any case, what better can they do?


    [/QUOTE]



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  • TIND_CT
    08-25 02:23 PM
    485+131+765 - Delivered on 5th July - TSC - EB3
    No receipt yet..




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  • gccovet
    02-10 02:24 PM
    Sent $25 check via bill pay.

    To IV members watching from the sidelines: Contribute now so that IV can expand its efforts to fix this mess!

    Thank you needhelp!

    gccovet




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  • abq_gc
    08-29 11:18 AM
    Totally agree with you. Its so unfair for people who are waiting for a loooooog time. And suddenly find themselves as being left out.

    We came to know only few of the once who have posted in other forums that they got GC with PD as fresh as Jan2007, and they posted it in the forum because they were afraid if their GCs would ever be reverted....
    So, I think there are probably a lot more out there who might have got the GC and are keeping it quite, so that they don't stir up the folks who are waiting so patiently (which of course is weaning thin by the day!!).

    Totally unfair, unjustified.

    Maybe we should..........

    1) Send letters to USCIS, highlighting the plight of those waiting patiently and folks who joined recently got the GC. Send anonymous letters if you fear of being put under the scanner.

    2) All the IT folks who are here in the US are probably in the higher 10% bracket. Maybe we all should collectively hire a lobby group in Washington. That's the only solution, it works well.

    Thats all I can think of right now....

    Yup, there are a lot more with PD's in 2006 who got their GC then what's evident in the forums. Most of them have like 3 posts on the forum, and Lo and behold.. the only time they wanna post something it's the news about their GC approval.... STINKS!!

    Sending Letters and Lobbying is a good idea.. I support anything which will draw media attention to this scam.... just want USCIS to be exposed.. maybe even lure an honest journalist ( TIMES Magazine or Fortune ) to do an editorial about the wrong policies of USCIS.
    I would say that they will be interested, as they love exposing Govt agencies in general.


    To all you folks against the lawsuit, how does this idea sound ?

    If anyone has a better idea, I am willing to listen.




    qasleuth
    02-28 12:13 PM
    ok suri, while you work 30 hours and make money for yourself, let me take your burden and share my research with you. Here is what you have to do to see the result -

    Goto -
    http://soprweb.senate.gov/index.cfm?event=selectfields

    - check box for client name
    - click 'submit' button
    - enter 'Immigration Voice' in the client name
    - click 'submit' button

    Now you see the amount spent by IV for lobbying in the Senate documents. Please do the total and let me know how much is that amount. I am not "highly skilled" like you, so I can't calculate?

    Do you know anyone who spent 1/2 million on lobbying for our issues. Maybe your friends have spent that money.


    .


    Sanju my friend, why sarcasm ? This is such wonderful information, why can't this be made more public, posted in a prominent position on IV ? Why should members do research to get this info when it can be relatively easily acquired by Quinn Gillespie & Assoc and given to core ? Come on man, a little bit of information like this goes a long way with members.




    virtual55
    05-02 09:55 PM
    http://cornyn.senate.gov/index.asp?f=record&lid=1&rid=237170



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