gc28262
06-27 09:53 PM
Could you please show us, where in the link you provided, H-1B applicant needs to treated equally for job hiring as compared to GC and EAD workers.
EOE deals with equality (i.e. equal opportunities) for hiring, job promotion, and firing.
IRC Act 1985 deals with unlawful employment of aliens, unfair immigration-related employment practices, and fraud & misuse of certain immigration-related documents.
Two different things.
However, once H-1B applicant is hired, he/she is protected just like any other worker, for job promotions, training, and other work conditions. But employer is under no obligation to extend H-1B beyond any initial H-1B petition date. And, yes, H-1B can also be fired at will*, just like any other worker.
_________________________
Not a legal advice
US citizen of Indian origin
desi3933,
Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --
The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.
Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC hoder.
EOE deals with equality (i.e. equal opportunities) for hiring, job promotion, and firing.
IRC Act 1985 deals with unlawful employment of aliens, unfair immigration-related employment practices, and fraud & misuse of certain immigration-related documents.
Two different things.
However, once H-1B applicant is hired, he/she is protected just like any other worker, for job promotions, training, and other work conditions. But employer is under no obligation to extend H-1B beyond any initial H-1B petition date. And, yes, H-1B can also be fired at will*, just like any other worker.
_________________________
Not a legal advice
US citizen of Indian origin
desi3933,
Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --
The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.
Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC hoder.
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SunnySurya
08-18 01:59 PM
What we are asking is just fairness and transparency in the system.
Though I will benifit if the OP's idea succeeds. I agree with eb3_nepa. We need to do something that will help everyone. Its not fair to seek relief to only some section of the community.
Though I will benifit if the OP's idea succeeds. I agree with eb3_nepa. We need to do something that will help everyone. Its not fair to seek relief to only some section of the community.
raj2007
04-23 10:09 PM
Tell me what wrong he did for him to apologize and I will apologize to you. When nothing is permanent he worked with them for 1 and half years, he got them 4 employees. Why in the world should he apologize?.
When you say that you will not need your clients you are wrong. when I was searching for projects I got a chance to apply to a job opening in one of my previous client, guess what, the start to my second stint was smooth just because I had a good rapport with my client and they liked my work. I even got one of my team mates in my client place to give me a referral for my higher studies.
"Your ex boss is not a bad guy, he knows you are leaving for better opportunity".He is not only a bad guy, he is evil IF (note the big IF) he is keeping the money which is not his. Their conscience should prick when they feed and give excellent education to their kids with the ill gotten money.
Unfortunately one might need his ex-employer in future (might not always be the case) and that is the irony of it all.
I feel the same..you will always need the ex clients than ex employer.
Why you need the experience letter?
Appointment letter is good enough for green card purposes and as far as reference letter, I always got them from client.
There are 2 issues.
1. Getting back the salary
2. Non compete agreement.
Getting back salary is not a big deal. These type of cases never goes to the court and most o the employers will settle out of court.
regarding Non Compete, I feel you have served enough and there is no valid case.
When you say that you will not need your clients you are wrong. when I was searching for projects I got a chance to apply to a job opening in one of my previous client, guess what, the start to my second stint was smooth just because I had a good rapport with my client and they liked my work. I even got one of my team mates in my client place to give me a referral for my higher studies.
"Your ex boss is not a bad guy, he knows you are leaving for better opportunity".He is not only a bad guy, he is evil IF (note the big IF) he is keeping the money which is not his. Their conscience should prick when they feed and give excellent education to their kids with the ill gotten money.
Unfortunately one might need his ex-employer in future (might not always be the case) and that is the irony of it all.
I feel the same..you will always need the ex clients than ex employer.
Why you need the experience letter?
Appointment letter is good enough for green card purposes and as far as reference letter, I always got them from client.
There are 2 issues.
1. Getting back the salary
2. Non compete agreement.
Getting back salary is not a big deal. These type of cases never goes to the court and most o the employers will settle out of court.
regarding Non Compete, I feel you have served enough and there is no valid case.
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sina
08-01 01:45 PM
Renewal application for EAD filed on July 30th for self and spouse. Checks have been cashed and got receipt number from the back of the checks.
Let's see when it get's approved.
Let's see when it get's approved.
more...
acpani
08-28 12:02 PM
I sent my 485 to NSC on JUL 2nd, my 140 approved TSC, no receipts . Does any body got receipts who applied on JUL nd...?
yabadaba
08-02 10:30 AM
I called customer service yeasterday and the response is that they were processing June22 cases and they would get to July 2 in 2-3 weeks.
which customer service...texas or nebraska?
which customer service...texas or nebraska?
more...
gc_aspirant_prasad
07-09 11:58 AM
I ve sent the pdf to my local newspapers. She is interested in doing the story.
Pls call & talk to her : kcollins@newsobserver.com
Pls call & talk to her : kcollins@newsobserver.com
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jai007
09-12 04:16 PM
My I-140 is pending in TSC. I have applied I-485 for self and wife on July 18. Received by K.Lawson in NSC on July 19th 9.29 AM.
Check are cashed today by TSC, saw the SRC# in back of my check.
Waiting for original receipt.
Check are cashed today by TSC, saw the SRC# in back of my check.
Waiting for original receipt.
more...
SGP
09-27 09:45 AM
saw an interesting video on youtube the other day. The first thing that came to mind was the eb2-eb3 fights. If only we can fight together rather than each other ! ;)
youtube - every indian must see this video (http://www.youtube.com/watch?v=dc4ultkrjsw) exellent one. United we stand divided we fall. The british too took advantage of our non-unity. Let's learn a lesson from our history.:)
youtube - every indian must see this video (http://www.youtube.com/watch?v=dc4ultkrjsw) exellent one. United we stand divided we fall. The british too took advantage of our non-unity. Let's learn a lesson from our history.:)
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paskal
05-23 02:38 AM
good crisp message
great job!
great job!
more...
sankap
07-10 09:52 PM
@Ramba:
Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?
Re wages, here's Yates memo verbiage:
Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is “same or similar.”
Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.
USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.
Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?
Re wages, here's Yates memo verbiage:
Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is “same or similar.”
Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.
USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.
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pd2001_12
09-10 02:54 PM
Thats right. I don't see any issues with EB1 or EB2 movement, For gods sake EB2 came to 2005, EB1 is current. It is funny when the other poster said we need to work for EB1 also(It is current, what else you want to do there?).
I feel IV has to concentrate on EB3 now. Period.
That should not be the case. It should just concentrate on EB3-I. Period Because that is the only category that has to wait for centruries to get any movement.
I feel IV has to concentrate on EB3 now. Period.
That should not be the case. It should just concentrate on EB3-I. Period Because that is the only category that has to wait for centruries to get any movement.
more...
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another_wei
08-24 08:45 PM
Mailed I-485 on July 19th
RD is July 20th
ND is August 17th
Did not file AP or EAD because I was think it may slow down my application, but I was just guess on this beside I don't need to change job or travel.
Guru people, on my notice it says above my Name A094 XXX XXX is this number my GC number?
Thank you
RD is July 20th
ND is August 17th
Did not file AP or EAD because I was think it may slow down my application, but I was just guess on this beside I don't need to change job or travel.
Guru people, on my notice it says above my Name A094 XXX XXX is this number my GC number?
Thank you
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grupak
08-08 10:06 PM
GCCovet/Mahujam,
- How did you find out about the LUD?
- What is soft LUD vs. hard ?
- what are possible reasons of an LUD ?
Thanks in advance!
Go to uscis.gov, click on the "case status online" link on the left, then click on the "register" link on the left. Then follow instructions ...
Once you have created a "portfolio" with the SRC/EAD numbers... there will be atable with LUD dates. Soft LUD is just a LUD without any change in status message. Hard LUD is when there is an actual update in status.
- How did you find out about the LUD?
- What is soft LUD vs. hard ?
- what are possible reasons of an LUD ?
Thanks in advance!
Go to uscis.gov, click on the "case status online" link on the left, then click on the "register" link on the left. Then follow instructions ...
Once you have created a "portfolio" with the SRC/EAD numbers... there will be atable with LUD dates. Soft LUD is just a LUD without any change in status message. Hard LUD is when there is an actual update in status.
more...
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anilsal
08-13 11:22 PM
On aug 9 th, USCIS nebraska center issued a total of 4063 receipt nos for 485, EAD, and APs.
see the link http://.com/discuss/485eb/20866725/
From this, if we assume ~4000/day, it ll take 20 working days to clear july 2nd filers (~80,000). My guess is by 31st Aug.
We need something similar for the Sept 18th DC rally. Can you guess? :)
see the link http://.com/discuss/485eb/20866725/
From this, if we assume ~4000/day, it ll take 20 working days to clear july 2nd filers (~80,000). My guess is by 31st Aug.
We need something similar for the Sept 18th DC rally. Can you guess? :)
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desi3933
07-10 12:54 PM
@desi3933:
That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.
Where did you read that requirement? Assuming, again?
A self-employed business is always real.
A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.
Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ......
what does this mean?
confirm that the new employer and the job offer are legitimate
legitimate means bonafide. Isn't it?
For both, new employer and new job offer.
That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.
Where did you read that requirement? Assuming, again?
A self-employed business is always real.
A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.
Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ......
what does this mean?
confirm that the new employer and the job offer are legitimate
legitimate means bonafide. Isn't it?
For both, new employer and new job offer.
more...
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rsayed
03-07 09:41 PM
Well, I am TOO depressed about the BEC performance. I know too many people are in same situation but I find myself "helpless" and at least i want to SCREAM......:mad:
Different things work for different people - whatever works for you or engages your time/attention, indulge in it in most of your spare-time and try to divert your "screaming" energy, constructively...
I know it is easier said than done - but, this is life and no one said it's going to be easy...
One of my friend always says "The best security if the money you have in your bank a/c". Rings true...:)
Different things work for different people - whatever works for you or engages your time/attention, indulge in it in most of your spare-time and try to divert your "screaming" energy, constructively...
I know it is easier said than done - but, this is life and no one said it's going to be easy...
One of my friend always says "The best security if the money you have in your bank a/c". Rings true...:)
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dtekkedil
07-10 05:09 PM
Good Job and Congratulations everyone!!!
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maverick_joe
05-02 02:16 PM
HAHA, true, and reddymjm should be made acting deputy director for this effort like Mr. Aytes.
I'm glad that he re-edited his language in his previous post!
It sounds like IV should assign PD to people who join and accordingly allow them to comment.......just like USCIS allot GC based on PD.....:)
I'm glad that he re-edited his language in his previous post!
It sounds like IV should assign PD to people who join and accordingly allow them to comment.......just like USCIS allot GC based on PD.....:)
h1-b forever
08-31 09:35 AM
My wife and i got emails from USCIS and we checked our status online and it is now CPO. The approval is based on my wife's applicatiion ( EB2 India, Dec 2005). I had two applications one as her dependent and another my own that is EB3 I, Jan 2004.
Congratulations mnkaushik?
How many such cases are with uscis? And what happens to the one you filed for yourself?
Congratulations mnkaushik?
How many such cases are with uscis? And what happens to the one you filed for yourself?
GCStatus
09-16 04:42 PM
Only 2 people stepped up today....
How are we going to reach 1000?
Give it the benefit of the doubt of members not looking. We will wait till Thursday.
How are we going to reach 1000?
Give it the benefit of the doubt of members not looking. We will wait till Thursday.
