desi3933
06-28 09:59 AM
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
Read I-9 form. Employee must have work authorization before he/she can start work.
Read more here
Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)
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 ?
I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.
Regarding the hiring part,
first read here about H-1 visa
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
Now, read more about H-1B LCA here
http://www.lca.doleta.gov/h1bcl_nw.pdf
Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.
On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.
More about LCA here
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
Hopefully, you will trust lawyer more than me.
Have a good day!
What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
Read I-9 form. Employee must have work authorization before he/she can start work.
Read more here
Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)
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 ?
I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.
Regarding the hiring part,
first read here about H-1 visa
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
Now, read more about H-1B LCA here
http://www.lca.doleta.gov/h1bcl_nw.pdf
Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.
On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.
More about LCA here
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
Hopefully, you will trust lawyer more than me.
Have a good day!
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Googler
07-07 09:14 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
Pitha -- the law says quite clearly that AOS applications cannot be filed if visa numbers are not available. Which is why IV was trying to get in an amendment that says AOS can be filed even when visa numbers are not available.
USCIS would fight a change in this tooth and nail -- cos as the Ombudsman has reported again and again in his annual reports -- when they spend a huge amount of time churning out EADs and APs, actual adjudications of green cards fall behind. Then there are the people (incl Ombudsman) who say that such interim benefits (EAD AP) should not be granted to such large numbers of people without security checks etc.
My guess is that this is precisely why USCIS didn't want the all current situation. They don't want to be stuck with 700K applications which have no hope of getting a greencard for years upon years, while they churn out EADs and APs for all those years.
Of course, one fix would be to increase the EAD time period to 3 yrs. Something they have been unwilling to do.
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
Pitha -- the law says quite clearly that AOS applications cannot be filed if visa numbers are not available. Which is why IV was trying to get in an amendment that says AOS can be filed even when visa numbers are not available.
USCIS would fight a change in this tooth and nail -- cos as the Ombudsman has reported again and again in his annual reports -- when they spend a huge amount of time churning out EADs and APs, actual adjudications of green cards fall behind. Then there are the people (incl Ombudsman) who say that such interim benefits (EAD AP) should not be granted to such large numbers of people without security checks etc.
My guess is that this is precisely why USCIS didn't want the all current situation. They don't want to be stuck with 700K applications which have no hope of getting a greencard for years upon years, while they churn out EADs and APs for all those years.
Of course, one fix would be to increase the EAD time period to 3 yrs. Something they have been unwilling to do.
gcfriend65
12-07 02:49 PM
When the cases gets shuffled around the country from NSC to CSC and back, the dtabases are separate. FP notices are generated when information on different databases are alligned together.
exactly same case, applied july 17th, notice date sept 10th, transferred to TSC
exactly same case, applied july 17th, notice date sept 10th, transferred to TSC
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apahilaj
02-15 11:40 AM
Count me in...
It seems like I've got the oldest Notice date of 8/27 who has not received the biometrics yet. Infopass was pure waste of time as well.
It seems like I've got the oldest Notice date of 8/27 who has not received the biometrics yet. Infopass was pure waste of time as well.
more...
raju123
05-24 07:42 AM
Yesterday night, I sent email to all 100 senator again.
Today, I will start calling them again
Today, I will start calling them again
sankap
07-10 12:45 AM
@desi3933:
This comment was then obviously was not directed to you but to others who advise to "file AC21." Please show me any of my post where I have advised people to file for AC-21.
.
This comment was then obviously was not directed to you but to others who advise to "file AC21." Please show me any of my post where I have advised people to file for AC-21.
.
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marty
05-30 12:58 PM
http://www..com/discussion-forums/i485-1/122557139/page/1/
I am little pessimistic about landing as it might be a risk as you are already on AP. I read some people went on AP and come back no question asked. If you would've valid H1B visa, it might be easier. I had valid H1B approval and I use AVR to enter. If I had used AP to go back home, I would've abandoned the canadian PR. Its your choice.
All the best.
I am little pessimistic about landing as it might be a risk as you are already on AP. I read some people went on AP and come back no question asked. If you would've valid H1B visa, it might be easier. I had valid H1B approval and I use AVR to enter. If I had used AP to go back home, I would've abandoned the canadian PR. Its your choice.
All the best.
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go_guy123
02-09 12:15 AM
Sorry if this is not about GC or any US immigration processes...i just would like to know if anybody can help me or provide me the procedures to obtain Canadian PR. I already had an assessment done (me and my husband under H1 here in US as Accountants ) and we have I-140 and 485 pending. We are thinking of trying Canada.
I always checked and read this site but this is my first post and your help would be greatly appreciated.
Thanks in advance.
Get a CFA level 1 done if possible that will boost your job chances a lot
I always checked and read this site but this is my first post and your help would be greatly appreciated.
Thanks in advance.
Get a CFA level 1 done if possible that will boost your job chances a lot
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franklin
07-05 11:06 AM
Please remember, forum rules mandate posts in English. Thanks for excluding and alienating.
Junior members, please read the posting guidelines. Lasantha, you are not being ignorant at all
Junior members, please read the posting guidelines. Lasantha, you are not being ignorant at all
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bebar
06-14 02:42 PM
Mine was filed on 06/01. No receipt so far.
Did any one filed on june 1 and still waiting for RD notice
Did any one filed on june 1 and still waiting for RD notice
more...
pappu
11-17 02:58 PM
Please contact members of congress by clicking on the action alert below.
It will only take less than a minute for you. We are requesting adding amendments in the DREAM Act coming up. This campaign will help the DC advocacy work we are doing on this bill.
ImmigrationVoice.org - Advocacy -- DREAM Act: Help the Legal Immigrants (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=19787501)
Please spread the word everywhere for more participation
Please post on this thread once you have sent the email. Keep this thread up for the next few days.
In addition to sending the emails to the lawmakers, please take the next steps needed to get our provisions included in the Dream Act:
1. Take appointments and meet with lawmakers explaining our provisions to the lawmakers and the need to add them to dream act. Focus on the specific message of the action alert. Following up with the email alert is a powerful advocacy tool and crucial to the success of this campaign. If you have taken an appointment, please contact IV at 202-386-6250.
2. For members who have already established a relation with the staff members in the lawmaker offices, please contact them and explain our provisions to be included in the dream act. Focus on the specific message of the action alert.
3. Send the feedback from the meetings to http://immigrationvoice.org/index.php?option=com_content&task=view&id=98&Itemid=132
4. Become a volunteer to spread the message about this action alert. Simply clicking on the link above does not complete our task - it only begins the task of grass-roots advocacy. Convince your friends, colleagues to get involved in the above tasks. Numbers Matter. Use the attached flier and post it at all indian/asian malls, theaters and other hubs to help spread the message. Also include the flier in your signature.
Spread the word Flier (http://immigrationvoice.org/wiki/images/3/39/Flier_DR_v2.pdf)
It will only take less than a minute for you. We are requesting adding amendments in the DREAM Act coming up. This campaign will help the DC advocacy work we are doing on this bill.
ImmigrationVoice.org - Advocacy -- DREAM Act: Help the Legal Immigrants (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=19787501)
Please spread the word everywhere for more participation
Please post on this thread once you have sent the email. Keep this thread up for the next few days.
In addition to sending the emails to the lawmakers, please take the next steps needed to get our provisions included in the Dream Act:
1. Take appointments and meet with lawmakers explaining our provisions to the lawmakers and the need to add them to dream act. Focus on the specific message of the action alert. Following up with the email alert is a powerful advocacy tool and crucial to the success of this campaign. If you have taken an appointment, please contact IV at 202-386-6250.
2. For members who have already established a relation with the staff members in the lawmaker offices, please contact them and explain our provisions to be included in the dream act. Focus on the specific message of the action alert.
3. Send the feedback from the meetings to http://immigrationvoice.org/index.php?option=com_content&task=view&id=98&Itemid=132
4. Become a volunteer to spread the message about this action alert. Simply clicking on the link above does not complete our task - it only begins the task of grass-roots advocacy. Convince your friends, colleagues to get involved in the above tasks. Numbers Matter. Use the attached flier and post it at all indian/asian malls, theaters and other hubs to help spread the message. Also include the flier in your signature.
Spread the word Flier (http://immigrationvoice.org/wiki/images/3/39/Flier_DR_v2.pdf)
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bugmenot
12-11 10:39 PM
I have mentioned IV to a some Indians. They have no interest. Some of them are not bothered about retrogression. They exepect the GC to fall in their lap while they are sipping tea and eating samosa.
Also, it is hard to trust a mainly Indian set up. The Indian contracting companies have set a very shameless level. I told my friends that IV appears different but it is hard to change your opinion when you see something else 10 times a day.
I apolozie to the sensitive Indians if I this is breaking news. But this is the general feeling and a reason for hate in the blogs: where there is smoke there is fire. It is embarassing.
LOL
Also, it is hard to trust a mainly Indian set up. The Indian contracting companies have set a very shameless level. I told my friends that IV appears different but it is hard to change your opinion when you see something else 10 times a day.
I apolozie to the sensitive Indians if I this is breaking news. But this is the general feeling and a reason for hate in the blogs: where there is smoke there is fire. It is embarassing.
LOL
more...
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11-17 05:31 PM
done
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Sri_1975
08-31 01:49 PM
No Recipts yet..:)
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feedfront
08-26 02:19 PM
May be avoid and defer..
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anzerraja
07-20 12:56 AM
Thanks KanMe !!!
I am all for it...
Would contribute $100
I am all for it...
Would contribute $100
more...
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mgos
07-20 02:17 PM
Thank you Aman & all the other immigration voice members who have spent so much time, energy and resources in advocating on behalf of all of us. I have been working in the non-profit sector for the past 8 years and from experience suggest that in order for this movement/advocacy campaign to sustain it is important for us to have a system in place where core campaign members are reimbursed for their past and recurring expenses. We have contributed to IV previously and would like to pledge $200 towards Aman's expenses.
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dkshitij
02-11 10:08 AM
Thanks, Tony! I did email ivcoordinator yesterday. I will wait a few days and check back.
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nmdial
07-21 08:13 AM
When we talk about fairness, we forget the fact that life is not fair. Instead of a division among ourselves, we should aim for a constructive approach otherwise this whole advocacy drive would be futile.
BrazilianCitizen
06-07 01:26 AM
It is better to take your time and make sure everything is sound, then hurry and miss something.
Can you guys let me know whether your checks payable to "Department of Homeland Security" has been canceled? They received my application on June/4 but my check has not been cashed yet. I heard your priority date is the date they actually get your money. Is this true?
Can you guys let me know whether your checks payable to "Department of Homeland Security" has been canceled? They received my application on June/4 but my check has not been cashed yet. I heard your priority date is the date they actually get your money. Is this true?
h1techSlave
07-21 08:14 AM
I am quoting the below lines from another post..
"With 11.25 K EB3 members we would have still collected quarter million bucks."
I think the above statement is correct. There are 1000s of EB3 I folks in IV and they could have very well contributed a quarter or even a million bucks. My question is, what will happen after that?
"With 11.25 K EB3 members we would have still collected quarter million bucks."
I think the above statement is correct. There are 1000s of EB3 I folks in IV and they could have very well contributed a quarter or even a million bucks. My question is, what will happen after that?
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