BharatPremi
03-26 10:47 AM
I understand your frustration. I have heard similar things from employers about hiring people on H-1B.
Are you just assuming or have you actually tried to find out if there is indeed some law which allows employers to not consider a candidate solely based on the fact that he/she has an EAD as opposed to a green card? I can certainly understand that you don't want to get involved in a lawsuit and pay lawyer fees when you can easily find another job. But its not that difficult to contact OSC.
Having said that, I do understand that the employer can find a number of reasons to not hire somebody and all that would be legal. But here we have a case where you have 5 companies who have refused to consider you solely based on your immigration status. Somebody earlier has this in writing from Capital One.
I urge you and anybody else who has gone through this to find out more about this by calling the OSC's hotline. (http://www.usdoj.gov/crt/osc/htm/engperliwdiss.htm) If I were in your situation, I would at least want to find out what my rights are, what is discriminatory and what is allowed by law. Call them and simply explain that you believe that you were not considered eligible for a job because you have an EAD card as opposed to a Green Card.
Yes, I am aware about this but in my case I do not have any written or tape recorded evidence. In other guy's case at least he have written proof (Capital One) and that can be the base. Now many companies are doing this so it is ofcourse my assumption that they can do this under "Hire and fire" authority.. And main problem is that, when you are out for a job, you do not stop thinking to takle particular one "no", you want to just move haead and fix your job first.. That is practical reality:)
Are you just assuming or have you actually tried to find out if there is indeed some law which allows employers to not consider a candidate solely based on the fact that he/she has an EAD as opposed to a green card? I can certainly understand that you don't want to get involved in a lawsuit and pay lawyer fees when you can easily find another job. But its not that difficult to contact OSC.
Having said that, I do understand that the employer can find a number of reasons to not hire somebody and all that would be legal. But here we have a case where you have 5 companies who have refused to consider you solely based on your immigration status. Somebody earlier has this in writing from Capital One.
I urge you and anybody else who has gone through this to find out more about this by calling the OSC's hotline. (http://www.usdoj.gov/crt/osc/htm/engperliwdiss.htm) If I were in your situation, I would at least want to find out what my rights are, what is discriminatory and what is allowed by law. Call them and simply explain that you believe that you were not considered eligible for a job because you have an EAD card as opposed to a Green Card.
Yes, I am aware about this but in my case I do not have any written or tape recorded evidence. In other guy's case at least he have written proof (Capital One) and that can be the base. Now many companies are doing this so it is ofcourse my assumption that they can do this under "Hire and fire" authority.. And main problem is that, when you are out for a job, you do not stop thinking to takle particular one "no", you want to just move haead and fix your job first.. That is practical reality:)
wallpaper true blood
naushit
10-01 03:17 PM
Finallly, my online status changed from "Initial review" -> "Document production" and also got email from Senator's office that my case is approved.
I think I got it....but not 100% sure yet...no approval emails yet... or no other proof.
Thanks,
-N
Guys
please report your Approvals in this thread . wish you luck for EB2 / EB3 guys whose PD s are current in October 2009
�If you think IV as an organization, IV�s leadership team and many members who donated their time and money were in anyways helpful in your GC journey, please consider making a �Thank You� donation to IV. Also, keep visiting IV and support your fellow immigrants stuck in this GC queue� __________________
I think I got it....but not 100% sure yet...no approval emails yet... or no other proof.
Thanks,
-N
Guys
please report your Approvals in this thread . wish you luck for EB2 / EB3 guys whose PD s are current in October 2009
�If you think IV as an organization, IV�s leadership team and many members who donated their time and money were in anyways helpful in your GC journey, please consider making a �Thank You� donation to IV. Also, keep visiting IV and support your fellow immigrants stuck in this GC queue� __________________
raama123
09-25 09:21 PM
Can we apply two labors with different companies for single person in PERM ?
my labor is approved with B company in Aug2010.
my employer (company A - holding my h1) also applied labor in July2010.
they are called employer and want to visit company and consultant work place
USCIS visited wrong address and they mailed to my employer like below
1) If MR. is employed by your organization;
2) The start date of MR. employment with your organization;
3) The specific geographic location and physical address MRs working at;
4) The current client that MR is assigned to. Please also provide contact information for a representative of that end client and a copy of the contract. You also indicated that you have filed a new LCA with the Department of Labor � please provide a copy of that LCA.
5) The specific job duties that MR is performing;
6) And the current annual compensation of MR.. Please provide a copy of the IRS Form W-2 issued to MR for 2009 as well as recent payroll documentation for July 2010 to present.
I am working in Govt client,I can provide above all the documents except may not provide representative name and number.
how can i manage this situation,please give me suggestion and share your experiences.
--Rama
my labor is approved with B company in Aug2010.
my employer (company A - holding my h1) also applied labor in July2010.
they are called employer and want to visit company and consultant work place
USCIS visited wrong address and they mailed to my employer like below
1) If MR. is employed by your organization;
2) The start date of MR. employment with your organization;
3) The specific geographic location and physical address MRs working at;
4) The current client that MR is assigned to. Please also provide contact information for a representative of that end client and a copy of the contract. You also indicated that you have filed a new LCA with the Department of Labor � please provide a copy of that LCA.
5) The specific job duties that MR is performing;
6) And the current annual compensation of MR.. Please provide a copy of the IRS Form W-2 issued to MR for 2009 as well as recent payroll documentation for July 2010 to present.
I am working in Govt client,I can provide above all the documents except may not provide representative name and number.
how can i manage this situation,please give me suggestion and share your experiences.
--Rama
2011 true blood « Read Less
gc_chahiye
07-09 07:19 PM
USCIS has decided that the flowers sent by skilled, legal immigrants to director Dr. Emilio Gonzalez will be forwarded to injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.
We welcome the fact that Dr. Gonzalez acknowledged the symbolic gesture of our protest. We are even more happy that these flowers will brighten the day of our injured service brethren. It is their contribution to the American freedom that has made this country such a desirable destination for highly skilled professionals from all over the world.
We also want to convey to the service personnel receiving those flowers that our message accompanying those flowers is, "Thank You and God Bless You".
---------------------------------
hey wait, you need to talk about retrogression of EB!! Thats the whole point of this thing!!!!!!!!!!!!!!
In addition to the message of "god bless" to the service personnel, we have a message of get-well-soon for Mr Gonzalez. We want him to stop wasting visa numbers, and to provide more transparency and communication in how VB dates are set. We want them to provide a clean honest answer of what USCIS did in June to exhaust the visa numbers and the motiviation behind doing that.
We welcome the fact that Dr. Gonzalez acknowledged the symbolic gesture of our protest. We are even more happy that these flowers will brighten the day of our injured service brethren. It is their contribution to the American freedom that has made this country such a desirable destination for highly skilled professionals from all over the world.
We also want to convey to the service personnel receiving those flowers that our message accompanying those flowers is, "Thank You and God Bless You".
---------------------------------
hey wait, you need to talk about retrogression of EB!! Thats the whole point of this thing!!!!!!!!!!!!!!
In addition to the message of "god bless" to the service personnel, we have a message of get-well-soon for Mr Gonzalez. We want him to stop wasting visa numbers, and to provide more transparency and communication in how VB dates are set. We want them to provide a clean honest answer of what USCIS did in June to exhaust the visa numbers and the motiviation behind doing that.
more...
ivy55
06-19 12:48 PM
I have the following question
1.I have approved an I140 from Vermont. Where do I submit my I485 do I have to enclose I140
2. My spouse and children are in the US do I need to submit affidavit of support, W2 etc
3. There is an A3 in my Labour Certification but not in the I140, do I use this A# in the I485
Thanks
1.I have approved an I140 from Vermont. Where do I submit my I485 do I have to enclose I140
2. My spouse and children are in the US do I need to submit affidavit of support, W2 etc
3. There is an A3 in my Labour Certification but not in the I140, do I use this A# in the I485
Thanks
cram
06-20 09:44 PM
For an employment-based petition, in order to proceed and be valid, they need to still INTEND to be employed by the sponsoring employer if and when they get their green card. The employer however, does not need to sign any forms per se with relation to the adjustment petition. If the alien is currently working for the sponsoring employer (on H-1B or other) he or she can port or transfer employers without penalty or without losing the
green card process 180 days after they file the I-485 petition. At that point, they can change employers and work for whomever they wish (provided they have a valid work permit)
I have an employment-based petition and I'm presently unemployed. From what I understand, the sponsoring employer can hire me when I get my green card. So, when I get my EAD, which is most probably in 3 months, can I use it to work for whomever I wish?
green card process 180 days after they file the I-485 petition. At that point, they can change employers and work for whomever they wish (provided they have a valid work permit)
I have an employment-based petition and I'm presently unemployed. From what I understand, the sponsoring employer can hire me when I get my green card. So, when I get my EAD, which is most probably in 3 months, can I use it to work for whomever I wish?
more...
mjadala
08-22 11:30 AM
I support the letter campaign. This is just ridiculous!! Somethings got to give here.
I think its only when things get reaaally bad that it forces people to stop and take notice. An example is the July 07 fiasco. That was wrong on so many levels. I thought just like a lot of others " They cannot possibly get away with this. Can they?" People made enough noise and DOS/CIS had to take corrective action.
With the new interpretation also looks like someone made a decision without fully understanding the consequences for EB-3 I folks. I think this is an outrage for EB-3. To be stuck in 2001 and no relief in sight. I think we should make our voice heard.
I understand Eb2 guys trying to protect their advantageous position with the new interpretation, but we need to fight for our position:mad::mad:
I think its only when things get reaaally bad that it forces people to stop and take notice. An example is the July 07 fiasco. That was wrong on so many levels. I thought just like a lot of others " They cannot possibly get away with this. Can they?" People made enough noise and DOS/CIS had to take corrective action.
With the new interpretation also looks like someone made a decision without fully understanding the consequences for EB-3 I folks. I think this is an outrage for EB-3. To be stuck in 2001 and no relief in sight. I think we should make our voice heard.
I understand Eb2 guys trying to protect their advantageous position with the new interpretation, but we need to fight for our position:mad::mad:
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Rayyan
08-19 10:51 AM
Today I callled up USCIS 1-800 number and found out from level2 representative that my spouse name check is not clear :mad::mad: .
I am the primary and I got my approval and GC on 07/16 . Spouse still pending....
Is there anything I can do about it?
Please advise..
Thanks
I am the primary and I got my approval and GC on 07/16 . Spouse still pending....
Is there anything I can do about it?
Please advise..
Thanks
more...
trueguy
04-08 10:06 PM
Everyone,
See the May 2009 Visa bulletin and decide yourself. Is it worth just wasting our time on the green card processing?. Let us concentrate on getting the Citizenship soon. Support this idea in mass and make this as a first priority on IV agenda.. It is time to think...
Lets send all our ideas to Ms Lofgren and others who are working hard on CIR this year. This is the time when we should act so they can implement few of our ideas.
Lets send out letters to all the congressman/woman and have them put it in CIR.
See the May 2009 Visa bulletin and decide yourself. Is it worth just wasting our time on the green card processing?. Let us concentrate on getting the Citizenship soon. Support this idea in mass and make this as a first priority on IV agenda.. It is time to think...
Lets send all our ideas to Ms Lofgren and others who are working hard on CIR this year. This is the time when we should act so they can implement few of our ideas.
Lets send out letters to all the congressman/woman and have them put it in CIR.
hair True Blood Bill and Sookie
suriajay12
03-12 07:33 PM
Sri,, well written.. I am sending this to change.gov now. Its better you create a new thread else many will miss this letter on page 10. Any updates must mention that the letter is in page 10.
more...
SunnySurya
11-03 09:23 PM
Not an issue. It can be done using business necessity letter. Companies like Google should not have a issue as they regulary higher such qualified people. On the other hand , the non genuine case will have difficulty as from now onwards these positions will be scrutnized more closely. Moreover, any indication of fraud may result in the the audit of original labor also.
Not only consulting companies but genuine companies in the software arena will also face trouble. If I interpret it correctly, most new hires at places like Google, MSFT, Amazon etc. even if having MS from top-notch universities in the US can apply only under EB-3 as their job description will fall in Job Zone 4.
On the other hand somebody having a non-IT or CS degree from a mom&pop University can find a job, state its "research" and upgrade to Job Zone 5 and apply under EB-2.
I wonder how this will fly with the affected companies?
Not only consulting companies but genuine companies in the software arena will also face trouble. If I interpret it correctly, most new hires at places like Google, MSFT, Amazon etc. even if having MS from top-notch universities in the US can apply only under EB-3 as their job description will fall in Job Zone 4.
On the other hand somebody having a non-IT or CS degree from a mom&pop University can find a job, state its "research" and upgrade to Job Zone 5 and apply under EB-2.
I wonder how this will fly with the affected companies?
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anilsal
01-25 09:37 AM
It was on Dec 2005 . Luftansa . Chennai - Frankfurt- Dallas . I was waiting for my boarding pass . I handed over my e ticket to the lady at the counter. Instead of issuing the boarding pass , she asked me about my H1B papers. I got confused . Why should I show my papers to this lady ? . Since it was my very first trip to US , I meekly showed her my papers.After that she had issued the boarding pass.
Friends, you may think I am very meek.This was not my first overseas trip. I had visited Japan previously. I didn't want to have fight with her and start my journey in bitter taste from the beginning.
Don't think only Non-Indians treat Indians shabbily. Our enemy is within.
If I happened to see that lady once again in Chennai -------
the airlines want to make sure that you have h1b stamp on ur passport. They always do.
Friends, you may think I am very meek.This was not my first overseas trip. I had visited Japan previously. I didn't want to have fight with her and start my journey in bitter taste from the beginning.
Don't think only Non-Indians treat Indians shabbily. Our enemy is within.
If I happened to see that lady once again in Chennai -------
the airlines want to make sure that you have h1b stamp on ur passport. They always do.
more...
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paskal
01-27 12:23 PM
i do not understand how overstaying and transit visas are related.
the TV allows you to "walk from one gate to another" in the international transit area...that's all. you cannot walk OUT anyway without crossing immigration- and if you want to do that- you always need a visa. this new visa, confers (for 90 bucks per person) the right to walk to your plane- sometime the right to walk off and back on to your plane...what a joke!
even the US now requires this so the UK only did a copycat deal, but the issue here (besides money grubbing behavior) is the way people are treated. sorry lost in space...but you do not seem to understand. if you do not step on UK soil you cannot overstay. the purported reason for this "walking visa" is security. and we all know that "security" can these days be a euphemism for treating people pretty badly. personally if i had the choice when transiting i would not go through london...ever. if nothing else the taxes are astronomical and they make the tickets more expensive most times and walking from one gate to another involves serious hassles with new security checks and long lines. and i do hope that enough people vote with their feet so the UK govt pays attention. london is too wonderful a city to lose out like this....
the TV allows you to "walk from one gate to another" in the international transit area...that's all. you cannot walk OUT anyway without crossing immigration- and if you want to do that- you always need a visa. this new visa, confers (for 90 bucks per person) the right to walk to your plane- sometime the right to walk off and back on to your plane...what a joke!
even the US now requires this so the UK only did a copycat deal, but the issue here (besides money grubbing behavior) is the way people are treated. sorry lost in space...but you do not seem to understand. if you do not step on UK soil you cannot overstay. the purported reason for this "walking visa" is security. and we all know that "security" can these days be a euphemism for treating people pretty badly. personally if i had the choice when transiting i would not go through london...ever. if nothing else the taxes are astronomical and they make the tickets more expensive most times and walking from one gate to another involves serious hassles with new security checks and long lines. and i do hope that enough people vote with their feet so the UK govt pays attention. london is too wonderful a city to lose out like this....
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SunJoshi
01-02 06:27 PM
http://www.nap.edu/books/0309096138/html
http://www.iacfpa.org/
http://www.iacfpa.org/
more...
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fatjoe
10-26 03:57 PM
Alright, Congrats Caliguy!!!
I guess the emails and updates are sent by some kind of batch processing system. I got the email at 5:15 am, do you think that uscis guys would work that early...., duh....
So cool down, you will get email soon.
If you are doubtful, call uscis one more time, and confirm that your case is approved.
I guess the emails and updates are sent by some kind of batch processing system. I got the email at 5:15 am, do you think that uscis guys would work that early...., duh....
So cool down, you will get email soon.
If you are doubtful, call uscis one more time, and confirm that your case is approved.
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Hunter
05-09 01:22 PM
The percentage of people here are a very small percentage of that 25%.
H1/L1 restrictions are not going to encourage american kids. It does not impact their thinking. Maths, science are tougher subjects for kids. Kids in India were pushed by their parents to study science in search for a good career. Kids here have a lot other avenues which are more attractive to a kid. Kids do not understand L1/H1. 90% of adult population here does not understand H1/L1. REstricting H1/L1 will not influence a kid to take up science and engineering.
I have news for you (and the certitude with which you make your claims here are laughable). Computer science graduation rates in US went up this year by 6-8%, because the visa caps since 2003 remained at 65000 instead of 195000 creating some demand here. I personally know kids who wanted to go to Computer science, but went for other areas like health care because of the lack of offshoring/H1 etc. If the crooked Indian offshorers and fly-by-night operators are not driving down the wages, more americans will go to computer science, as they would go for a career as MD or Pharmacist or lawyer (almost all those careers need at least 6-8 years of college). They also know that professional associations like AMA or APhA wouldn't allow importing foreign workers by corporations/hospitals on a scale that H1-bs are imported in IT area
Based on my experience, I wouldn't say that Indian kids have any special skills in maths or science compared to americans. Contrary to what you claim, people are aware of H1s and offshoring(may be so much on the exploitation of L1) as they talk to friends and family and guidance counselors at school. Most of the IT jobs were Indian H1-bs are employed doesn't even need computer science or engineering degree. Some of the best architects I have seen in IT didn't have a computer science major. A green-horn from TCS/INFY with a computer science degree and pretending to be an architect doesn't mean he is the best IT professional available in the market.
H1/L1 restrictions are not going to encourage american kids. It does not impact their thinking. Maths, science are tougher subjects for kids. Kids in India were pushed by their parents to study science in search for a good career. Kids here have a lot other avenues which are more attractive to a kid. Kids do not understand L1/H1. 90% of adult population here does not understand H1/L1. REstricting H1/L1 will not influence a kid to take up science and engineering.
I have news for you (and the certitude with which you make your claims here are laughable). Computer science graduation rates in US went up this year by 6-8%, because the visa caps since 2003 remained at 65000 instead of 195000 creating some demand here. I personally know kids who wanted to go to Computer science, but went for other areas like health care because of the lack of offshoring/H1 etc. If the crooked Indian offshorers and fly-by-night operators are not driving down the wages, more americans will go to computer science, as they would go for a career as MD or Pharmacist or lawyer (almost all those careers need at least 6-8 years of college). They also know that professional associations like AMA or APhA wouldn't allow importing foreign workers by corporations/hospitals on a scale that H1-bs are imported in IT area
Based on my experience, I wouldn't say that Indian kids have any special skills in maths or science compared to americans. Contrary to what you claim, people are aware of H1s and offshoring(may be so much on the exploitation of L1) as they talk to friends and family and guidance counselors at school. Most of the IT jobs were Indian H1-bs are employed doesn't even need computer science or engineering degree. Some of the best architects I have seen in IT didn't have a computer science major. A green-horn from TCS/INFY with a computer science degree and pretending to be an architect doesn't mean he is the best IT professional available in the market.
more...
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optimystic
03-26 02:48 PM
Where does it say (please quote official DHS/USCIS/DOL publication or a bill) that employers must hire "US Citizens" first? I think the regulations are to give preference to US workers (note that its not US citizens) before brining somebody from abroad.
You do make a very good observation and we should clarify with the experts. Can anybody help clarifying this from the lawyers?
I dont know of any link to a particular publication, but I thought it was a common knowledge that the whole point of labor certification process, is for the DOL to monitor that a potential US worker (I thought it meant US Citizen but may be not), is not being displaced by a foreign worker. To be clear here though, the DOL does not prevent an employer from going ahead and sponsoring an H1B and hiring a foreign employee. But DOL is legally directed to reject such labor applications.
Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?
May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!
You do make a very good observation and we should clarify with the experts. Can anybody help clarifying this from the lawyers?
I dont know of any link to a particular publication, but I thought it was a common knowledge that the whole point of labor certification process, is for the DOL to monitor that a potential US worker (I thought it meant US Citizen but may be not), is not being displaced by a foreign worker. To be clear here though, the DOL does not prevent an employer from going ahead and sponsoring an H1B and hiring a foreign employee. But DOL is legally directed to reject such labor applications.
Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?
May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!
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baburob2
01-10 07:17 PM
also very recently a new bill has been drafted. but i don't have more info. A gist of it is:
Republican Senate candidate David Kramer on Monday proposed an immigration reform plan that opens the door to legal status for illegal workers who have been in the United States for five years or more.
For more details look at the below url
http://www.journalstar.com/articles/2006/01/09/nebraska/doc43c29737b68d6696911913.txt
Republican Senate candidate David Kramer on Monday proposed an immigration reform plan that opens the door to legal status for illegal workers who have been in the United States for five years or more.
For more details look at the below url
http://www.journalstar.com/articles/2006/01/09/nebraska/doc43c29737b68d6696911913.txt
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vdlrao
01-05 12:21 AM
This is TRUE and a Very Valid One. And this the time for such a bill.
gclife
06-29 07:29 PM
Did AILA screwed up the party of many july filers by sending this memo http://www.shusterman.com/pdf/aila-cis-vb.pdf to uscis which scared them and prompting them to come up with the legal proof revised bulletin causing this whole mess. Should AILA had waited until july , then we would probably have a strong legal ground to fight against the uscis ??
santb1975
01-12 10:28 AM
Please send letters
