xbohdpukc
12-03 02:42 PM
I think the most confusion is caused by our willingness to interpret the definition of discrimination too broadly. Let's see what exactly is done here when an employer refuses a visa sponsorship for a prospective employee.
I think no one on this forum will deny that an employment authorization H1b folks possess is limited in nature and valid only as long as the H1b recipient is working for the sponsoring employer. Should such an employee leave his sponsoring employer the employment authorization ceases to exist and a new employer must seek another employment authorization for his newly hired employee, a process commonly known as an H1b visa transfer.
According to the Workplace Fairness website the following stands true:
An employer should not ask about your citizenship status during a job interview. The employer can only notify you as a job applicant that, should a job be offered to you, you will be expected to provide evidence that you are legally entitled to work in the US within the first three days of starting work. The employer should say this to every job candidate, as saying this selectively may be illegal discrimination.
The only valid question during an interview or as a part of a pre-screen process could be "Are you authorized to work for any employer in this country?" This question will NOT constitute any discrimination, as per the law employers have to verify the work authorization status of all new hires by the way of I-9 form filing within 3 day period after employment commencement.
NO H1b person can answer YES to this question, therefore an employer has a right to refuse employment to any such applicant. Employer's willingness to apply for a visa transfer is a pure good will and no employer can be forced to do so under the current law.
As for the insurance, banking, etc., the decision to extend such services is always based on the risk assessment. You might argue that an H1b holder does not represent a greater risk for a US lender (insurer) than an ordinary US citizen. I am sure that all these insurance companies have their own studies somewhere which prove that people with no permanent status in the country represent a greater risk for their business, than those who possess such status. Providing that there are some stories about H1b workers who maxed out their credit lines, abandoned their houses and fled the country after being laid off, I do not think that any court in this country would side with non-immigrants on this matter.
But we can always keep complaining on here how badly treated and unprotected we are.
I think no one on this forum will deny that an employment authorization H1b folks possess is limited in nature and valid only as long as the H1b recipient is working for the sponsoring employer. Should such an employee leave his sponsoring employer the employment authorization ceases to exist and a new employer must seek another employment authorization for his newly hired employee, a process commonly known as an H1b visa transfer.
According to the Workplace Fairness website the following stands true:
An employer should not ask about your citizenship status during a job interview. The employer can only notify you as a job applicant that, should a job be offered to you, you will be expected to provide evidence that you are legally entitled to work in the US within the first three days of starting work. The employer should say this to every job candidate, as saying this selectively may be illegal discrimination.
The only valid question during an interview or as a part of a pre-screen process could be "Are you authorized to work for any employer in this country?" This question will NOT constitute any discrimination, as per the law employers have to verify the work authorization status of all new hires by the way of I-9 form filing within 3 day period after employment commencement.
NO H1b person can answer YES to this question, therefore an employer has a right to refuse employment to any such applicant. Employer's willingness to apply for a visa transfer is a pure good will and no employer can be forced to do so under the current law.
As for the insurance, banking, etc., the decision to extend such services is always based on the risk assessment. You might argue that an H1b holder does not represent a greater risk for a US lender (insurer) than an ordinary US citizen. I am sure that all these insurance companies have their own studies somewhere which prove that people with no permanent status in the country represent a greater risk for their business, than those who possess such status. Providing that there are some stories about H1b workers who maxed out their credit lines, abandoned their houses and fled the country after being laid off, I do not think that any court in this country would side with non-immigrants on this matter.
But we can always keep complaining on here how badly treated and unprotected we are.
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ArkBird
05-01 05:36 AM
India was demanding latest fighter jets (F-22) but US can offer only old version F-16,F-18 to India. Basic reason for US denial to latest technology because of India -US relation and their status .US only offers new technology to its close allys. I think it was prudent move from India�s part to get latest and greatest technology. To get these new technologies US congress needs to pass law and define India as close ally.
F-22 is newer version of F-18/F-16??
F-22 is Air superiority Aircraft and India is seeking Multi-Role Combat Fighter!
Whatever you are smoking dude seems real good stuff! Pass that sh1t over here!!
F-22 is newer version of F-18/F-16??
F-22 is Air superiority Aircraft and India is seeking Multi-Role Combat Fighter!
Whatever you are smoking dude seems real good stuff! Pass that sh1t over here!!
mallu
02-12 01:46 AM
Hi
I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....
Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...
He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...
Also, he seems to have closed his company..
Folks please advice....
.
I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....
Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...
He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...
Also, he seems to have closed his company..
Folks please advice....
.
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murali77
08-05 12:34 PM
poorslumdog
Please email me at win77in@gmail.com for the CSCP material.
thanks
Murali
Please email me at win77in@gmail.com for the CSCP material.
thanks
Murali
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Lucky7
07-17 05:36 AM
Lets just say the announcement is that you can apply EAD/AP once your LC is cleared. Then just like usual USCIS will spend there time precocessing these new applicants and you will have to wait 1 yr just to get EAD/AP.
USCIS would be better run by a bunch of drunken monkeys.
USCIS would be better run by a bunch of drunken monkeys.
paskal
07-10 08:45 PM
http://www.afroarticles.com/article-dashboard/Article/CNN-s-Lou-Dobbs---The-Minister-of--Propaganda-and-Enlightenment-/23562
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princeusa2006
08-11 05:07 PM
Can anyone tell what will be the status of a person who has used AC21 , and does not get the EAD renewal before the existing EAD expires ? Assume 140 has been approved, 180 days has been passed and got the EAD renewal receipt.
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desi485
01-04 03:46 PM
Poor Guy
;) what do you expect if one has to keep two wives happy? :D
;) what do you expect if one has to keep two wives happy? :D
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aadimanav
08-22 02:06 PM
No surprises for me at least. There will be only 816 new EB3 visas available for any country in October. This will move the dates at the most by a month or two and this will continue for ever until a new legislation is passed, that is why DC rally is all the more important and everyone should focus on that to bring in a change.
For folks wondering how I came to the 816 visa number
Total GC available = 140000
7% country limit = 9800
split for EB3 = 3266
spread for each qtr = 816
Good Luck to all and don't have high expectations because you will be disappointed when the bulletin comes out.
and 816 are not primary applicants.... there are spouse and kid(s)...
For folks wondering how I came to the 816 visa number
Total GC available = 140000
7% country limit = 9800
split for EB3 = 3266
spread for each qtr = 816
Good Luck to all and don't have high expectations because you will be disappointed when the bulletin comes out.
and 816 are not primary applicants.... there are spouse and kid(s)...
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chantu
07-25 01:07 PM
My wife always reminds me this. According to her, its ok to read forums and keep yourself updates with what's going on ... but don't get to much into it, otherwise you will loose your peace of mind.
It is not about you browsing on this forum continously..it is about you not paying attention to your wife continoulsy.:D:D
Even if there would no IV..wife will tell you the same for some other stuff you are following vigourously.
It is not about you browsing on this forum continously..it is about you not paying attention to your wife continoulsy.:D:D
Even if there would no IV..wife will tell you the same for some other stuff you are following vigourously.
more...
eb3_nepa
07-31 11:59 AM
How long is the USCIS taking to issue just receipt notices!!??
This makes you wonder if Anything in the USCIS is actually FIFO
This makes you wonder if Anything in the USCIS is actually FIFO
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traffic_engr
04-01 03:51 PM
I joined IV today and sent faxes 9 & 10.
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perm2gc
11-17 12:38 PM
Discover does not issue a credit card if you are not a PR or citizen..even though you have good credit history..
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USDream2Dust
04-09 12:38 PM
Ok disclaimer first. I do work directly with employer and not a consultant.
I think there is an ongoing debate over it whether consultant companies should be allowed for H1b's and green cards or not. Let me be very honest. There are so many US employers who do not want to get into mess of H1b's but still want talent. These desi or videsi consultant firms feed on them and people like you and me searching for jobs. It is generated out of necessity on both ends.
There are some very very big consulting firms too and not to Mom and Pop Desi shops.
I feel for both sides and the real problem is to have multiple H1's and H1b's sitting on bench which is even worst. So either they hire and pay and make their responsibility to find job or don't file for H1b's
USDream2dust
I think there is an ongoing debate over it whether consultant companies should be allowed for H1b's and green cards or not. Let me be very honest. There are so many US employers who do not want to get into mess of H1b's but still want talent. These desi or videsi consultant firms feed on them and people like you and me searching for jobs. It is generated out of necessity on both ends.
There are some very very big consulting firms too and not to Mom and Pop Desi shops.
I feel for both sides and the real problem is to have multiple H1's and H1b's sitting on bench which is even worst. So either they hire and pay and make their responsibility to find job or don't file for H1b's
USDream2dust
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Almond
07-17 11:11 AM
Man, I-485 for Texas went back more than a month. It's so bad, they might as well not have published it, one would have slept better at night.
How do they come up with these dates? Weren't they supposed to process I-485 applications in the order they received them?
And how come the California Service Center has been doing so well this past few months, while all the other centers have been stationary or going back. CSC is at January 2007 now, fer cryin' out loud!
:mad:
Yeah, the Nebraska one is on the same date as last month, I guess I should count my blessings. God, what are they doing over there!? Maybe it's because it's summer time and people are going on vacation-less people, less work getting done.
How do they come up with these dates? Weren't they supposed to process I-485 applications in the order they received them?
And how come the California Service Center has been doing so well this past few months, while all the other centers have been stationary or going back. CSC is at January 2007 now, fer cryin' out loud!
:mad:
Yeah, the Nebraska one is on the same date as last month, I guess I should count my blessings. God, what are they doing over there!? Maybe it's because it's summer time and people are going on vacation-less people, less work getting done.
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girishvar
07-19 11:43 PM
Your wife cannot apply for I-485 when she is in India. One of the pre-condition is you have to be in US to apply for a I-485. She can only do consular processing.
However if you can get visitor visa and after entering america, if you apply for a I-485, most probably USCIS will approve your case. Therefore, In my opinion the challenge is getting B1/B2 visa when her husband is waiting for a adjustment of status.
Thanks friend. I do hope your prayers work for me. But I still find it strange that if someone has a pending I-485 through consular processing route, then he/she can't get a visitor visa no matter what? What if it is a medical crisis? Family reunion issues? This sure sucks. I will check with some lawyer on this.
And lastly what you detect as arrogance is my plain talking style. Did I make personal attack on anyone? no, right? Life is like a game of chess. Make the move which makes the best sense at any stage. What is the point in thinking about past moves?
Follow to join looks like a good move as of now. But I can use this move only if my GC is approved first. But I doubt my GC will be approved in a month or so. So if my GC is still pending and dates retrogress again, we are stuck. On the other hand if my wife applies I-485 in india she can't get a visitor visa. If she comes to US first on B1, then she can't file I-485 because of violation of intent. I need one damn grandmaster of a lawyer to fix this game man.
However if you can get visitor visa and after entering america, if you apply for a I-485, most probably USCIS will approve your case. Therefore, In my opinion the challenge is getting B1/B2 visa when her husband is waiting for a adjustment of status.
Thanks friend. I do hope your prayers work for me. But I still find it strange that if someone has a pending I-485 through consular processing route, then he/she can't get a visitor visa no matter what? What if it is a medical crisis? Family reunion issues? This sure sucks. I will check with some lawyer on this.
And lastly what you detect as arrogance is my plain talking style. Did I make personal attack on anyone? no, right? Life is like a game of chess. Make the move which makes the best sense at any stage. What is the point in thinking about past moves?
Follow to join looks like a good move as of now. But I can use this move only if my GC is approved first. But I doubt my GC will be approved in a month or so. So if my GC is still pending and dates retrogress again, we are stuck. On the other hand if my wife applies I-485 in india she can't get a visitor visa. If she comes to US first on B1, then she can't file I-485 because of violation of intent. I need one damn grandmaster of a lawyer to fix this game man.
more...
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dan19
04-13 11:11 AM
USCIS didnt announce that..Any links to the announcement?
No visa bulletins till October2007
Thats what USCIS announced 2 weeks back
So stay cool:)
No visa bulletins till October2007
Thats what USCIS announced 2 weeks back
So stay cool:)
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blackberry
07-06 04:55 PM
If I give you the name of the firm I work for ..you d be shitting in your pants and not a consultant but as a FT employee
Do u work for USCIS :) .. just kidding .. :)
Do u work for USCIS :) .. just kidding .. :)
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tonyHK12
11-10 09:28 AM
Agree, also Immigration voice needs everyone to join in their cause and support them as Donors and in active volunteering.
New GC applicants generally realize the only way to get relief is through legislative change that Immigration voice is working on.
So rather than wasting time & energy guessing dates, its a good idea to spare 3 bucks a day from coffee for IV and actively campaign for new laws.
BTW the prediction was 1-2 weeks of movement each month for all of 2011, and possibly zero movement sometimes. New Math formulas ,modelling, arent going to change it.
Just look at how many Bills are coming in for Illegal immigration - that is due to active lobbying and generous support of their members.
of course there are many who think wrongly - " Let me instead just have my Star-3-bucks, instead of giving my money to an organization campaigning for Immigration relief. I can fix everything myself"
New GC applicants generally realize the only way to get relief is through legislative change that Immigration voice is working on.
So rather than wasting time & energy guessing dates, its a good idea to spare 3 bucks a day from coffee for IV and actively campaign for new laws.
BTW the prediction was 1-2 weeks of movement each month for all of 2011, and possibly zero movement sometimes. New Math formulas ,modelling, arent going to change it.
Just look at how many Bills are coming in for Illegal immigration - that is due to active lobbying and generous support of their members.
of course there are many who think wrongly - " Let me instead just have my Star-3-bucks, instead of giving my money to an organization campaigning for Immigration relief. I can fix everything myself"
mallu
02-12 01:46 AM
Hi
I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....
Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...
He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...
Also, he seems to have closed his company..
Folks please advice....
.
I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....
Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...
He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...
Also, he seems to have closed his company..
Folks please advice....
.
smsthss
07-19 10:01 AM
I meant to say let her take the immunizations in India.
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