smuggymba
11-03 08:04 AM
Sen Reid and Grassley win. I was hoping they would lose badly.
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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.
lfadgyas
07-22 09:42 PM
Although I�m happy with my current employer I just wish for having such a problem � you have to wait 5 more months � or maybe 6 and there you go.
We have to wait years here and have to be careful for everything � renew EAD, renew AP in time (how about H1 and L1's not able to file for GC ... ), oh yeah -do not change job or if you do you have to be conform with certain things; and do not be laid off since other than not having income it sucks a bit from the immigration side too�; and so on, sorry guys something is really f�. up here;
Hope all turns out ok for all of us - and that includes you also.... :)
We have to wait years here and have to be careful for everything � renew EAD, renew AP in time (how about H1 and L1's not able to file for GC ... ), oh yeah -do not change job or if you do you have to be conform with certain things; and do not be laid off since other than not having income it sucks a bit from the immigration side too�; and so on, sorry guys something is really f�. up here;
Hope all turns out ok for all of us - and that includes you also.... :)
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abhijitp
07-02 05:01 PM
Medical examinations, Vaccinations, Xrays: $915
Notary fees + Shipping charges for birth certificate related affidavits: $160 ($40 + INR 5000)
Photographs: $50
Lawyer's fees: $920 (over & above what was paid by company)
____
Total: $2045
(There was a mastercard for that... the value of the efforts put in by my entire family including my kid who HATEs to enter the doctor's office... priceless.)
Notary fees + Shipping charges for birth certificate related affidavits: $160 ($40 + INR 5000)
Photographs: $50
Lawyer's fees: $920 (over & above what was paid by company)
____
Total: $2045
(There was a mastercard for that... the value of the efforts put in by my entire family including my kid who HATEs to enter the doctor's office... priceless.)
more...
lazycis
11-30 06:42 PM
FYI: The number of name check related lawsuits increased 10 times from January 2006 to January 2007 :) I estimate the total number for this year will be 3-4 times bigger than 2006 number.
se_vnt3
02-28 02:41 PM
Regardless of the incorrect forum to tell about yourself, your story has serious flaws.
you are just telling us your side of a photoshopped story.
Even after you are here illegally, you can correct things and take a legal turn. there are so many cases where people who have overstayed or crossed over illegally, got themselves deported and or brought themselves out of the closet and applied and got their citizenships.
Also, bcos you spent 30 years in the country, you should be given a priority over a kid from your country who kept applying for a green card lottery every year, trying to enter the US legally?
to make matters worse, you stayed illegally in a country and did not follow the rule of law.
1. I am beyond the �waiting for my delayed Green-Card� and �attempting to correct my ilegal status� stage. I am not new to immigration, I�m true to immigration.
2. I am no longer fighting for my rights. I�m OK. I�m in my own country with all rights available to me and am offered a Waiver by the U.S. to visit my friends, family and loved ones when I want. Today I�m fighting for my USC Immediate Relatives� rights from my country. How many of you high&mighty can say that? Probably never will too. You�d have to walk in my shoes and from my view none of you except for 24ps can fit them, though sledge_hammer might have to learn how to walk in them. He/she sounds a lot like me in my smug and cocky drug peddling and trafficking days. Clue, sledge_hammer: The key to expertise does not lie in what you do but in how you do it. Obligating an unrequested personal opini�n on someone is quite negligent and incompetent of a professional. But I guess that�s what�s expected of IV while you�re dug in here, hunh? How unfortunate.
3. You who are new to immigration can probably learn a lot from my case if you weren�t so caught up in your virgin-eared-newbies image. Like anyone�s going to believe that. Anyone who�s anyone already knows all you want is your Green Card or for whatever human right you feel is being overlooked in this life to be acknowledged while you�re still alive � like me. Let�s hope none of you will ever need an individual such as myself to understand your case anytime in the future. God bless you in all your endeveours.
you are just telling us your side of a photoshopped story.
Even after you are here illegally, you can correct things and take a legal turn. there are so many cases where people who have overstayed or crossed over illegally, got themselves deported and or brought themselves out of the closet and applied and got their citizenships.
Also, bcos you spent 30 years in the country, you should be given a priority over a kid from your country who kept applying for a green card lottery every year, trying to enter the US legally?
to make matters worse, you stayed illegally in a country and did not follow the rule of law.
1. I am beyond the �waiting for my delayed Green-Card� and �attempting to correct my ilegal status� stage. I am not new to immigration, I�m true to immigration.
2. I am no longer fighting for my rights. I�m OK. I�m in my own country with all rights available to me and am offered a Waiver by the U.S. to visit my friends, family and loved ones when I want. Today I�m fighting for my USC Immediate Relatives� rights from my country. How many of you high&mighty can say that? Probably never will too. You�d have to walk in my shoes and from my view none of you except for 24ps can fit them, though sledge_hammer might have to learn how to walk in them. He/she sounds a lot like me in my smug and cocky drug peddling and trafficking days. Clue, sledge_hammer: The key to expertise does not lie in what you do but in how you do it. Obligating an unrequested personal opini�n on someone is quite negligent and incompetent of a professional. But I guess that�s what�s expected of IV while you�re dug in here, hunh? How unfortunate.
3. You who are new to immigration can probably learn a lot from my case if you weren�t so caught up in your virgin-eared-newbies image. Like anyone�s going to believe that. Anyone who�s anyone already knows all you want is your Green Card or for whatever human right you feel is being overlooked in this life to be acknowledged while you�re still alive � like me. Let�s hope none of you will ever need an individual such as myself to understand your case anytime in the future. God bless you in all your endeveours.
more...
eb3retro
10-29 09:41 PM
Hi eb3retro,
I see that your PD is Jan 2003. Mine is Mar 03. I thought I would ask you about your opininons.
So, do you think we will get our GC in 2009?
Do you think it would be better to move to EB2?
Thanks for your inputs.
hi, personally i am looking for a chance to move to eb2. Being in eb3-I is as good as u will never get ur GC,or by the time you get ur GC, u would have lost your time and patience to live in this country anymore. follow your instincts..
I see that your PD is Jan 2003. Mine is Mar 03. I thought I would ask you about your opininons.
So, do you think we will get our GC in 2009?
Do you think it would be better to move to EB2?
Thanks for your inputs.
hi, personally i am looking for a chance to move to eb2. Being in eb3-I is as good as u will never get ur GC,or by the time you get ur GC, u would have lost your time and patience to live in this country anymore. follow your instincts..
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GCBy3000
07-26 05:03 PM
for sure nebraska will revise it to 10/26 or later. I think they did not realize what they are getting into when they released the date last week.
thanks for posting the actual link...
http://www.uscis.gov/files/pressrele...mes27Jul07.pdf
even before USCIS did....
thanks for posting the actual link...
http://www.uscis.gov/files/pressrele...mes27Jul07.pdf
even before USCIS did....
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ak_2006
11-25 01:46 PM
Hi Pappu and IV Sr.Members,
Thanks for the updates and hard work.
Thanks for the updates and hard work.
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black_logs
01-19 08:51 AM
Guys we had a conference call with the CA folks yesterday. It was an excellent call people came forward with new ideas. Let's discuss all that on this forum here.
more...
pbojja
04-24 03:06 PM
Sandy ,Simply Insane man , write a letter to white house and try to get some attention.This is completely ridiculous and definetley we need to do some thing .. I dont know what is left in this country , And they care more about illegal immigrants ..stupid tv news and news readers , hope one day they realise about legal immigration when we all are eligible to vote in this country
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abhijitp
08-15 05:47 PM
To
"Folks who are Re-Filing just out of anxiety",
Do you realize that this duplicate App is going to increase the turnaround from 90 to 120 days ?
Please put some thought man - USCIS clearly said that FEDEX/USPS signed receipt is acceptable proof for EAD/AP filing in one of the FAQ's so if its get rejected out of USCIS error you can refile later.
SuperUsers and Moderators - What is your take on this ??
Thanks,
I think there are valid reasons for SOME of us to re-file but in general it should be avoided as much as possible. We are 20000 odd people here in TOTAL. That is about 7% The total number of applications received by USCIS (maybe 300000). So, while you are right there is no need to re-file just out of anxiety, I don't see how it will make any impact on the processing times.
"Folks who are Re-Filing just out of anxiety",
Do you realize that this duplicate App is going to increase the turnaround from 90 to 120 days ?
Please put some thought man - USCIS clearly said that FEDEX/USPS signed receipt is acceptable proof for EAD/AP filing in one of the FAQ's so if its get rejected out of USCIS error you can refile later.
SuperUsers and Moderators - What is your take on this ??
Thanks,
I think there are valid reasons for SOME of us to re-file but in general it should be avoided as much as possible. We are 20000 odd people here in TOTAL. That is about 7% The total number of applications received by USCIS (maybe 300000). So, while you are right there is no need to re-file just out of anxiety, I don't see how it will make any impact on the processing times.
more...
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kiran_k02
08-06 11:09 PM
PD: July 2004
RD: July 03 2007
ND: Sept 13 2007
140 Approved: May 07
485 Pending: NSC
name checking: pending (got to know with Recent infopass appointment)
I got hold of IO this morning using POJ method. She said, my case has been assigned to IO.
Hello myvoice23 ---
How come your case is assigned to IO inspite of pending NC. I saw a post which said that NC should be cleared before 485 approval. They are planning to finish NC by Feb, 09; for all applicants whose NC is pending for than 6 months.
I am stuck with NC...my PD is 09/2004...
Kiran
RD: July 03 2007
ND: Sept 13 2007
140 Approved: May 07
485 Pending: NSC
name checking: pending (got to know with Recent infopass appointment)
I got hold of IO this morning using POJ method. She said, my case has been assigned to IO.
Hello myvoice23 ---
How come your case is assigned to IO inspite of pending NC. I saw a post which said that NC should be cleared before 485 approval. They are planning to finish NC by Feb, 09; for all applicants whose NC is pending for than 6 months.
I am stuck with NC...my PD is 09/2004...
Kiran
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desi3933
11-03 01:17 PM
You are the best!!! You are like the last word one could rely on.
Big fan of yours!!!
Thank you so much for your kind words.
.
Big fan of yours!!!
Thank you so much for your kind words.
.
more...
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hebbar77
05-18 06:17 PM
In india we created so many types of quotas, some of us cant even live there expecting fairness.
Now here? ....! Jees!
I want a quota so that I get my GC tomorrow, though I have no valid reason.
Now here? ....! Jees!
I want a quota so that I get my GC tomorrow, though I have no valid reason.
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eb3retro
04-01 06:59 PM
hi, just now both the faxes sent. one more small suggestion, correct me if i am wrong, also in addition to contacting the employers, can we contact good immigration lawyers like Berry Appleman and Leiden (www.usabal.com), rajiv khanna, murthy.com, sheila, aila.org, ohio immigration (www.immigration-law.com) etc and ask them to send this fax on their letter pads on behalf of IV. my 2 cents..
thanks.
thanks.
more...
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sats123
04-01 03:39 PM
I faxed to AZ senators
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Libra
09-19 07:51 PM
there were 2000 registered members and their families and late comers.....
any idea how many came to the rally?
any idea how many came to the rally?
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virginia_desi
12-14 04:31 AM
5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------
Asking you to sign an agreement is not illegal. There are employers (even big names) who ask their employees to take care of the expenses for GC processing. The main concern should be to verify if this company practices fraud. The only way to check is either by searching on the web or talking to some other employees who work for this consultant (making sure these employees are also not part of the fraud).
I am sure you have heard about people like Nick Mandalapa who were filing multiple I-140 for the same labor certification . The sad part is that there is no USCIS online system to verify if a labor certification was used to successfullly file I-140/485.
And remember that if there is fraud it can haunt you ater in your life even "AFTER" you get your GC. USCIS can revoke your GC at any time if there is a proof that a fraud has occured in the process.
I hope this helps and best of luck.!
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------
Asking you to sign an agreement is not illegal. There are employers (even big names) who ask their employees to take care of the expenses for GC processing. The main concern should be to verify if this company practices fraud. The only way to check is either by searching on the web or talking to some other employees who work for this consultant (making sure these employees are also not part of the fraud).
I am sure you have heard about people like Nick Mandalapa who were filing multiple I-140 for the same labor certification . The sad part is that there is no USCIS online system to verify if a labor certification was used to successfullly file I-140/485.
And remember that if there is fraud it can haunt you ater in your life even "AFTER" you get your GC. USCIS can revoke your GC at any time if there is a proof that a fraud has occured in the process.
I hope this helps and best of luck.!
mallu
11-30 12:21 AM
People with '01/'02 PD's getting GCs before the rest is a bad thing because .....?.
Naveen
05-19 10:00 AM
Lets take one step at a time. We have a similar bill introduced in the house.
H.R. 1791:
111th Congress
To amend the Immigration and Nationality Act to authorize certain aliens who have earned a Ph.D. degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence and to be exempted from the numerical limitations on H-1B nonimmigrants.
I know this bill will not benefit most of us directly but we should push for this to be passed which will help free up the quota or may be add an amendment to include graduates too.
H.R. 1791:
111th Congress
To amend the Immigration and Nationality Act to authorize certain aliens who have earned a Ph.D. degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence and to be exempted from the numerical limitations on H-1B nonimmigrants.
I know this bill will not benefit most of us directly but we should push for this to be passed which will help free up the quota or may be add an amendment to include graduates too.
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