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  • Canadian_Dream
    03-27 03:05 PM
    IMHO you misinterpreted the memo. An employer can definitely choose not to hire based on immigration status. This has happened in the past (circa 2001) and evidently many employers do not hire H1B or any employees that require "job related" sponsorship. From the same link, in the next para it says that employers can clearly specify that they will NOT do sponsorship without violating the law. The only question is what is considered a sponsorship, any restricted position (in terms of job responsibility) can constitute a sponsorship (where by employers have legal burden beyond what it takes to hire a US Citizien/Permanent Resident for the same position). H1B definitely falls into this category and EAD borders that category. I am not an expert in labor laws but my experience says that employers have too much control on who they want to hire they can get by with almost anything. The biggest hurdle against any law suit is, EAD is an obscure document with very little clarity about rights that come with it and its usage. It was supposed to be an interim document whose usage only now is becoming main stream. May be one law suit or precedent will clarify it all. But once again employers will get by it the same way they get by with age, ethic, gender and racial descrimination.

    The bottom line is if a corporation has decided upon a certain policy (how much stupid and discriminatory it may be) it is futile to fight it becasue they will do it one way or the other. It is better to find an employer who respect your talent and what you bring to their organization as opposed to what kind legal papers you are carrying. What's happening with the EAD situation generally happns in a tight labor markets and we are in one now. In 2005-06 these same employers were fighting with each other to get as many H1B by filing twice the application allowed on the same day and now suddenly EAD is a problem. According to this website Capital One has 1200 H1B's.

    http://www.myvisajobs.com/H1BVisa/sEmployer.aspx?E=Capital+One&OG=All&SO=All&Y=All&SON=All






    There is a whole lot of good information about citizenship or immigration status discrimination at http://www.usdoj.gov/crt/osc

    From their Employee Brochure:
    http://www.usdoj.gov/crt/osc/pdf/publications/en_wbroc.pdf



    From their Employer Brochure:
    http://www.usdoj.gov/crt/osc/pdf/publications/en_guide0507.pdf



    From OSC Update newsletter April 2004:
    http://www.usdoj.gov/crt/osc/pdf/osc_update_APR04.pdf



    FAQ:


    If you are told by an employer (verbally or in writing) that they will consider only citizens or green card holders, call the OSC hotline. They may not give you the job based on some other criteria but they will not discriminate anybody else in the future.

    If you find any job posting or ad which states that they will hire only citizens or green card holders, or explicitly declines to hire somebody with EAD, post it here. If you don't wish to, maybe somebody else can make the call.

    In most cases it would be pure ignorance on the recruiter's part. A simple phone call from OSC will clear that.

    Of course the best course is to avoid bringing up EAD in the first place. But if it comes to that, you can reach out to OSC, even if you don't have anything in writing.





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  • kaisersose
    03-26 12:52 PM
    I had a reqruiter discussing a great job opportunity and finally when it came to the status thing, it was my mistake, i said "I have EAD". She said "That's fine" and never got back to me, she said she will be in touch via email but never did that.

    So this is a pattern now.

    Reqruiters and HR know they can say "Sorry we do not sponser visas" so they say it without any issue but not EAD.

    I am just baffled as to why are some people so fussy about EAD. Isn't EAD holders a piece of cake for the company? People with skills and eligible to work for any employer????

    I am sure the hiring managers would love to bring good people on board. But unfortunately, these reqruiters and HR are creating the mess.

    Looks like for reqruiters, they think they can just apply the filter to lessen their burden on collecting resumes.

    The problem here is, she may not have responded back for some other reason. We cannot assume the EAD is always the reason. We cannot know unless they explicity say so, as I experienced yesterday.

    My wife had her resume on monster under the GC cateogry (they do not have an EAD category as far as I know). She was interviewed and selected and when submitting her I-9, she put in her EAD details and attached a copy. No one raised a hoot at any point.

    There are only some sections rejecting EADs either because of ignorance or due to the additional work required in screening EAD candidates as the recruiter explained to me.

    It may also be a good idea for people who recently had success with EADs to post their cases here or people will begin to get anxious about their work status as no one really knows how long they will be stuck with EADs.





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  • Dhundhun
    10-07 02:02 PM
    Me too. I'll loose money this month.





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  • ppayalv
    02-26 05:06 PM
    Hello Everyone
    We had our visa interview for H1-H4 stamping on Jan 29 in Mumbai Consulate as my hubby had changed his employer and also applied for the 3 year extension.The VO asked him questions about his job,company,profile ,etc and told us the visa was approved and we will get it in mail the next day.We got our passports with new visas the next day.I don;t know about others in our line cause we were the first one's there.

    Am not sure how the PIMS thing works if it is for every one or only some ppl.

    All the best to all you guys ,apologies I could'nt post this earlier as I retunred from India only some days back



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  • shirish
    08-14 03:27 PM
    Sorry for using this thread, i was not sure where to post this mesage and did not want to start a new thread.

    I just learnt from my lawyer that he submitted my I-485 aplication one day before my medical reports reached him. Basically he filed with out the medical reports. Will USCIS reject my aplication?He is saying it is allowed?





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  • admin
    01-04 05:11 PM
    I have filed my green card with her. But in all our discussions she has sided with my company's interest over mine. In fact in one of our FYI meetings, she said that getting the green card faster would not be good for companies as people would quit after that. So I am not sure whether she will take up the cause but we can try.



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  • samcam
    06-29 07:02 PM
    Folks, first of all don't try to slam me for posting this.. Here is a note that I got from my law firm Paul Hastings.. I am subscribed to their immigration related email.. I got this today.. While this has come as a shock to me, they are still preparing to file my I485.. I did not hear this from my lawyer personally, but only through this newsletter. I will speak to them about this first thing monday morning. Please read the note entirely.. Has anybody else heard about this..


    Update on Adjustment Filings for July

    Yesterday, we distributed a Client Alert reporting widespread concern as to the accuracy of the Department of State's (DOS) Visa Bulletin for July 2007 and indicating the possibility that United States Citizenship and Immigration Services (USCIS) may potentially not accept adjustment of status filings for all, or a part, of July. Today, multiple reliable sources have indicated that, as early as Monday or Tuesday of next week, the DOS could issue a revised Visa Bulletin for July 2007. Most likely, some or all of the employment-based immigrant visa categories would again retrogress and may become completely unavailable. The practical impact is that USCIS would almost certainly stop accepting adjustment applications for filing if the revised Visa Bulletin indicates that immigrant visa numbers are not available.

    This unexpected development would deviate from many years of agency practice. It would be devastating for companies and foreign national employees who have relied, as they are entitled to do, on the July Visa Bulletin and were anticipating the filing of adjustments throughout the month of July. We have initiated a concerted effort to aggressively address this unprecedented situation through the highest levels of the Department of Homeland Security (DHS) and the DOS. We are joined in this effort by many other organizations, and we are engaging congressional offices for assistance. Many have already agreed to speak with DHS and DOS. We will keep you updated.





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  • gc_chahiye
    06-25 12:00 PM
    ............Expanding on my previous posts.
    One more thing.
    If you decide to apply multiple 485s with each other as dependents, then file just one first. Wait. Gets its A number and put that number in the other application. This way you will cover one pitfall of multiple filing. It will not cause confusion at USCIS end.

    one thing to consider though: with the number of 485 filings that are expected in July, receipts are probably going to take 8 weeks or longer to come through (just ask teh H1B filers this year). By then the PD for the other spouse would have probably retrogressed. Another thing to keep in mind...



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  • conchshell
    01-26 01:45 PM
    I am an ex British Airways employee, and I spent one year in 1997 living in London city. Please understand that the level of customer service one gets in USA, is just a dream in UK. Mishandling customers, showing a complete arrogant behavior, and a total disregard for their basic customer rights are just a few business traits in UK. I witnessed couple of BA strikes at Heathrow, and beleive me after what I saw, I will never travel with any british airline in future. You are lucky that you just saw a tip of the iceberg and came to your conclusions. It starts from their embassy, and continues throught the airlines, security checks, baggage handling, staff etc.

    I like your comments about Koh-i-noor. If it was any other country, they would have happily returned it to the country where it genuinly belong. Oh by the way, during my stay at UK, I had to remind their couple of citizens about what exactly the phrase "Be British" means.





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  • zbd
    06-26 12:28 AM
    I'm not willing to change the employer but what If I stay with current employer and find an other job as part-time (say weekends) after getting my EAD ?
    Is it fraud too ?



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  • gc_on_demand
    08-25 03:19 PM
    Ok...the way I see this is 5000min/month at $25 (not adding taxes) is 5 cents a minutes...that is more than what I pay for my calling cards....bottom line....if your monthly calling bill is less than $ 25 there is no reason why you should get Vonage.

    Use this one !

    Free online calculators for home, work, and school (http://www.calculateforfree.com/)





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  • gc28262
    06-12 09:43 PM
    It is not just Gantuteli doing this. Almost every other poster on this board seems to be doing the same. Any opinion expressed against the visa fraud perpetrated by these outsourcing cos is met with derision, ridicule and contempt. Of course, the poster is immediately labelled as an anti immigrant or a tunnel rat.

    Why do the posters have to resort to ad hominem arguments ? Why dont posters consider the merits/demerits of an argument and then provide civil responses ? In my opinion even if anti immigration activitists, barring the racists, post arguments or views, those views need to be considered on due merits. Many people across a borad spectrum, including current H1B holders, GC and naturalized citizens, believe that these outsourcing cos are abusing the L1 visa and are contributing to the unemployment of high skilled labor. Is it anti immigration to raise our voices against such corrupt practices that impact our standard of living ?

    dilipcr,

    You (or people like you) are not "fighting" corruption or injustice, you are just serving your interests. Al least have the guts to admit that.

    When did you guys start fighting corruption, injustice and fraud ? Maybe you guys were always excited about Mahatma Gandhi or Mother Teresa all your life ! Be straightforward. There are no kindergarten students on this forum. We all know your intentions.

    Again we all know outsourcing is going to hurt everyone. That doesn't mean I will try to shut the doors behind me. Many of us were not brought up that way.



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  • Bpositive
    01-26 04:23 PM
    Emirates through Dubai.....great food. great entertainment. good price. no transit hassles..

    Lufthansa...direct flights. shoddy entertainment. ok food. relaxed on transit visas...

    Jet. Have heard great things about it...no direct flights to indian cities..

    British airways...rude, obnoxious. please boycott





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  • stuck_here
    01-25 12:06 AM
    StuckHere: As a backstop, do you have AP in hand? If yes, my attorney has recommended sending a letter withdrawing your H1-B stamping application to the consulate where you interviewed. Then with a copy of the letter in hand, and with your AP, seek to reenter the US on your own terms... Good luck...

    I have just filed for PERM in nov '07.. and I don't have an AP handy either. Can I get my company to apply for one ?

    THanks !



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  • bomber
    06-29 05:36 PM
    If its mailed out today, then you are ok. Its the POSTMARKED date that is seen. So even if it reaches there in July, as long as it went OUT today, they will have to accept it under June's batch of applications coz it is postmarked in June (june 29).

    logiclife,

    thanks for taking time to look at an individual case in the middle of mass chaos.

    I hope my attorney really mailed it as they told me yesterday "your appplication is in Fedex envelope already, to be sent out Friday morning for Monday delivery"


    My problem is a little more complex than that. My lawyers kept telling me from Dec' 2003 that my LC was filed under EB-2 since I have a BS+5 ... When they filed I-140 last year which is still pending, they kept telling me it was under EB-2..... yesterday when I emailed to ask if my application was out, an associate told me that it was ready in the Fedex envelope and scheduled for pickup today morning and that they had kept it on hold because my PD was becoming current only on July 1st...

    that was a surprise to me because I thought I was EB-2 and my date was current as of June 1st... she said she didn't know anything about that and that the lawyer had instructed her to put it on hold for shipping Friday morning....

    May be some kind of confusion on her part.. otherwise why would they accept and start working on my case right after the june bulletin which was released in May..


    Life is already so complex......





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  • jsb
    09-24 03:12 PM
    .....
    I hope our patience pays off and they rewsrd it with giving the GC straightaway;).....wishful thinking.....

    It is possible and most efficient. Do everything at once. Best wishes.



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  • sanjay02
    08-21 08:13 PM
    Its 011-91 , Dont dial 911 (just kidding!!) :)





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  • BharatPremi
    09-24 12:53 PM
    How did you come up with dividing by 5 that is like 20% per country. isn't the cap 7% per country?

    You are not reading it correctly. Pleasse read it again.





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  • imv116
    06-11 05:13 PM
    Link: http://en.wikipedia.org/wiki/L-1_visa
    Look into the Top 20 L-1 Visa Users

    L-1 visas are available to employees of an international company with offices in both a home country and the United States, or which intend to open a new office in the United States while maintaining their home country interests. The visa allows such foreign workers to relocate to the corporation's US office after having worked abroad for the company for at least one year prior to being granted L-1 status. The US office must be a parent company, child company, or sister company to the foreign company.

    Link: http://travel.state.gov/visa/temp/types/types_1271.html#1

    The reason for posting this is not to let every one know what L1 visa is or what it is meant for, we all know that, even L1 visa holders there employers know that. L1 visa is misused as another means to send people here to work on client side. Please research the means of reporting such violations and let every one be aware of that.

    If companies want to send there people to work here at client side, let them do it the legal way through H1b.

    Number of ways it will cause problems because of the misuse

    Will replace local employees (that�s including citizens, GC holders, AOS, H1b)
    Unlimited visa
    Provides immigration in EB1 cat where as the same cat for a H1b holder requires unusually high qualification and research experience with significant proof and documentation
    Provides spouses with work visa
    3 years is significantly high to work on implanting parent companies product(as it is supposed to be)
    Premium processing

    And many more.





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    ski_dude12
    09-21 10:26 AM
    Listing down things I did after my date was current-

    1: I opened an SR on July 5th (immediately after long weekend) as my date was current in July. Got back a response in a week that no visa numbers available. Either their system was not updated or they didnt check to see if dates were current.

    2: Had to wait a month before I could open another SR. In first week of August I contacted local congresswoman/opened another SR. Congresswoman reply was that the case is being actively worked on.

    3: Also, contacted the Ombudsman (mailed all the required docs) in 1st week of August. Got a response in early September that Ombudsman can help to improve procedural inefficiencies in USCIS or some extreme cases.

    4: Sent an email to SCOPSSCATA@dhs.gov on August 4th with pretty much the same details- case pending/PD etc. On same day they forwarded email to NCSCfollowup, TSC for resolution.

    5: On Aug 9th got reply from NCSCfollowup, TSC that file has been requested. To allow 60 days.

    6: After this I did not followup in any way. Then I got an email from NCSCfollowup, TSC on 17th September that my case review was complete, prints/security was over and my file would be forwarded to officers for completing.

    7: Got approval email today (September 21st).

    In my opinion the email to SCOPSSCATA@dhs.gov helped the most.

    If anyone needs any details on email/letter format please let me know. (Green.Tech, Saileshdude...)