dish
05-03 12:45 PM
Before SKIL bill there were Talent Bill and PACE act which were pending for a long time. the senate has not taken up the immigration reform debate yet. and it can be postponed forever. So how much hope is there for SKIL bill ?
Also after senate, there is a bigger hurdle, the house of representatives. Remember the Budget Reconciliation Bill was passed in Senate with the Immigration related Clauses. But was stripped off in the House. So is there any hope ?
Sorry I am being Skeptical. But apart from some media publicity, IV does'nt have brought up anything good to the Legal Immigrants community.
Have IV recieved any Positive Responses for the faxes being sent. Will the Backlog elimination Centers Improve their processing speed, and transparency of cases?
I am on H4 visa, So I am dumped. and Here is my friend who had to resign her job because her 6 yrs limit on H visa. and We are feeling depressed day by day in this UNFAIR IMMIGRATION SYSTEM. Aren't H4 spouses considered as Immigrants ?
Also after senate, there is a bigger hurdle, the house of representatives. Remember the Budget Reconciliation Bill was passed in Senate with the Immigration related Clauses. But was stripped off in the House. So is there any hope ?
Sorry I am being Skeptical. But apart from some media publicity, IV does'nt have brought up anything good to the Legal Immigrants community.
Have IV recieved any Positive Responses for the faxes being sent. Will the Backlog elimination Centers Improve their processing speed, and transparency of cases?
I am on H4 visa, So I am dumped. and Here is my friend who had to resign her job because her 6 yrs limit on H visa. and We are feeling depressed day by day in this UNFAIR IMMIGRATION SYSTEM. Aren't H4 spouses considered as Immigrants ?
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jsb
09-01 11:42 PM
It is possible that check depositing staff also has there own back log. Once, application and checks are accepted, EAD can be issued, but check depositing staff may be slow in their work.
gc28262
08-24 10:33 PM
Here are some of the red dot comments I recieved for my early posts. Not that I care about red dots.
<quote>
no. i was hired because i was good. you were hired because you were willing to work as a slave for 40k.
BAN desi consultants, hoarding H1B's from deserving people, BAN everyone who supports them
</quote>
To the poster of this message,
This country is not for incompetent people who fear desi-consultants.
<quote>
no. i was hired because i was good. you were hired because you were willing to work as a slave for 40k.
BAN desi consultants, hoarding H1B's from deserving people, BAN everyone who supports them
</quote>
To the poster of this message,
This country is not for incompetent people who fear desi-consultants.
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mqualique
05-01 03:49 PM
FOIA may be. Btw can you add a poll to this thread to see forum support?
Is suing the only option? USCIS could be making unintended mistake. We want to get clarification in a smoother and faster process before the flood gates open in October.
There should be some other legal-process to get written clarifications/interpretation etc on the law (like some kind of AILA discussion with CIS).
Is suing the only option? USCIS could be making unintended mistake. We want to get clarification in a smoother and faster process before the flood gates open in October.
There should be some other legal-process to get written clarifications/interpretation etc on the law (like some kind of AILA discussion with CIS).
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bindas74
11-30 07:09 PM
Mehul,
You will survive.
You will survive.
aquarianf
04-25 10:27 AM
[QUOTE=gcbikari;242385]Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.[/QUOTE
as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.
Did you contacted INS regarding this? Someone in my office told that one of his friend contacted INS regarding back wages. He received a phone call 3-4 months later from INS regarding his complain and was told that INS will investigate into the matter and if complain is valid then the former employer will be punished accordingly. He was told that INS has received many many such complaints and they have huge backlog and it is taking 3-4 months to reach to a complain but they are working on each of them.
as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.
Did you contacted INS regarding this? Someone in my office told that one of his friend contacted INS regarding back wages. He received a phone call 3-4 months later from INS regarding his complain and was told that INS will investigate into the matter and if complain is valid then the former employer will be punished accordingly. He was told that INS has received many many such complaints and they have huge backlog and it is taking 3-4 months to reach to a complain but they are working on each of them.
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asdcrajnet
02-09 02:14 PM
Guys,
why are u arguing whether to go back to India or not, just go if u want to or else stay and keep quiet..
There is no need to wash India's dirty linen in public here.every country has their own issues, that includes US as well.
Admin, can we please DELETE this thread and be done with this.
Moreover why cannot a person going back to india just go back quietly instead of posting it here unless he has issues been stopped as the Immigration counter in India.
I just put it in the Interesting Topics section. I think it is easy for you to ignore it instead adding 10 lines of comment.
Peace...
why are u arguing whether to go back to India or not, just go if u want to or else stay and keep quiet..
There is no need to wash India's dirty linen in public here.every country has their own issues, that includes US as well.
Admin, can we please DELETE this thread and be done with this.
Moreover why cannot a person going back to india just go back quietly instead of posting it here unless he has issues been stopped as the Immigration counter in India.
I just put it in the Interesting Topics section. I think it is easy for you to ignore it instead adding 10 lines of comment.
Peace...
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desi3933
06-28 06:46 AM
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.
Thanks for your reply.
H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.
Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).
Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.
Now, coming back to your quote
"(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 --This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.
In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.
It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.
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 holder.
Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.
_______________________
Not a legal advice.
US citizen of Indian origin
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.
Thanks for your reply.
H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.
Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).
Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.
Now, coming back to your quote
"(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 --This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.
In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.
It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.
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 holder.
Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.
_______________________
Not a legal advice.
US citizen of Indian origin
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eager_immi
07-02 11:52 AM
They will provide us the detail in October. Till then it does not matter that they wasted all our money, time and effort. Ofcouse the emotional turmoil is least of their consideration.
Like Voldemar said in this post
http://immigrationvoice.org/forum/showpost.php?p=96006&postcount=3
All EB categories are unavailable starting today (July 2nd) up to October 1, 2007 when they will provide further details about new cutoffs
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html
Like Voldemar said in this post
http://immigrationvoice.org/forum/showpost.php?p=96006&postcount=3
All EB categories are unavailable starting today (July 2nd) up to October 1, 2007 when they will provide further details about new cutoffs
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html
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sethurama
06-13 11:33 PM
My 485 applications reached NSC on June 4th, 2007. I have called my attorney. They haven't received anything so far. I need to wait for few more days./
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paragpujara
08-18 09:46 AM
We have received our cards without getting CPO email. I got email for welcome notice sent on 08/05 and then approval notice sent on 08/08..got cards on 08/11..hope this helps...
My question is - has anobdy got their cards without getting the CPO e-mail - I have recd the approval notice on 11th in the mail - but I have yet to get the cards also I did not get the CPO e-mail:confused:
My question is - has anobdy got their cards without getting the CPO e-mail - I have recd the approval notice on 11th in the mail - but I have yet to get the cards also I did not get the CPO e-mail:confused:
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senthil1
01-30 11:10 PM
Basically optimistic projections predict that 1 million high tech new jobs are created in a good economy in 10 years time. That means 100k per year average. There are 85k H1b and another 80k L1b are coming every year to USA. Also some of 140k immigrants are new. So Opt and TN visa unlimited number of persons. Apart from this there are some USA people are studying here and trying for job. And number of Indian students also increasing gradually. For the 100K high tech jobs 500K persons may compete. If they expand H1b it is going to increase the compettion. Nowadays resume of inexperienced persons are much more attractive than those who are really working(So many thousands of fake resumes). I do not know how it will end
Do you have a brain? seriosly... .. I wish people like u suffer through what everyone else who has lost a job or in the bnech go through...
So why the hell u came to the country... i think u are one of those cheap ass off shore guys who is onsite and showing off.. man
dont come to me mouthing off again... i did my master's here and i got job in OPT and my company sponsored my H1. I have friedns who sufferd through the phase of not getting a job and had to go through the desi consultants.. they were in no way inferior to u or me.. plain bad luck.. u ask them to go to their home country is it... moron grow some brains
Do you have a brain? seriosly... .. I wish people like u suffer through what everyone else who has lost a job or in the bnech go through...
So why the hell u came to the country... i think u are one of those cheap ass off shore guys who is onsite and showing off.. man
dont come to me mouthing off again... i did my master's here and i got job in OPT and my company sponsored my H1. I have friedns who sufferd through the phase of not getting a job and had to go through the desi consultants.. they were in no way inferior to u or me.. plain bad luck.. u ask them to go to their home country is it... moron grow some brains
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miapplicant
10-01 03:56 PM
WAC means CSC?? We applied on July 23rd at NSC and no news yet:(
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viper1400
02-11 06:54 PM
IV,
I know you don't want us to use paypal - but I think that might be delaying lot of contributions.
Here is my case - I have a very hectic work schedule -so by the time I go home I forget to write and send a check. If I could do paypal then would be no problem as I can do from any where - work - from phone - anywhere.
Just a thought.. I have been planning to send $50 or so but kept on forgetting. Don't get me wrong but telling the truth here.
I know you don't want us to use paypal - but I think that might be delaying lot of contributions.
Here is my case - I have a very hectic work schedule -so by the time I go home I forget to write and send a check. If I could do paypal then would be no problem as I can do from any where - work - from phone - anywhere.
Just a thought.. I have been planning to send $50 or so but kept on forgetting. Don't get me wrong but telling the truth here.
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June05
08-13 09:43 AM
I and my wife received our cards yesterday.
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desi3933
06-27 03:07 PM
When i have to make my hands wet anyway - how about sending the resignation letter via a Lawyer along with Points that goes against the agreement ?
That may silence them and it will cost me 2-3 grands hardly - what do you say.
1. Is there any notice period mentioned in the agreement?
2. I am not sure if sending resignation letter by lawyer is a good idea. It seems that you hate him big time.
3. Sending a letter with points against agreement may or may not work. Depends on lot of factors (like how much money they are making thru your contract).
4. If they sue you, you could lose more than 10,000 (include time and peace of mind).
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
That may silence them and it will cost me 2-3 grands hardly - what do you say.
1. Is there any notice period mentioned in the agreement?
2. I am not sure if sending resignation letter by lawyer is a good idea. It seems that you hate him big time.
3. Sending a letter with points against agreement may or may not work. Depends on lot of factors (like how much money they are making thru your contract).
4. If they sue you, you could lose more than 10,000 (include time and peace of mind).
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
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Omm
04-24 09:49 PM
It high time that these guys get kicked on what ever, I have seen so many of my friends frustated due to non payment and get scarred to do anything against it..... I appreciate your courage , If they do bussiness and employ people they should legally pay, So many poeple come from India with kids and family and suffer so much when they are not getting paid on bench...I can only sympathise with their situation , Shame on such bussiness...BLOOD SUCKERS, MANIACS . I would say USCIS should create a law to punish these blood sucking monsters.
Training, H1b ...etc takes money ...so what he not stupid(desi employer) to do it for free , He makes altleast 10 times of what he spends in just 6 months when the candidate is on project.
I am sure I am going to get a lot of negative feedback for posting this in from ...so hiding desi employers
Training, H1b ...etc takes money ...so what he not stupid(desi employer) to do it for free , He makes altleast 10 times of what he spends in just 6 months when the candidate is on project.
I am sure I am going to get a lot of negative feedback for posting this in from ...so hiding desi employers
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gc_check
04-06 03:39 PM
Very well said GCBy3000.
I have one question, did you have any trouble while getting mortgage approval? Do you think in the changed scenario in US housing market, people like us will have problems in getting approval b'cos of our residency status and recently tightened regulations?
I know many people who bought home while on H1B, including me. I did tell the Bank/Credit Union, I'm on H1B and my application for GC is under process and all they requested is to provide a letter from my employer about my employment, my h1b papers, etc and I'd no problem in getting a Mortgage Loan. This was a year back.
I have one question, did you have any trouble while getting mortgage approval? Do you think in the changed scenario in US housing market, people like us will have problems in getting approval b'cos of our residency status and recently tightened regulations?
I know many people who bought home while on H1B, including me. I did tell the Bank/Credit Union, I'm on H1B and my application for GC is under process and all they requested is to provide a letter from my employer about my employment, my h1b papers, etc and I'd no problem in getting a Mortgage Loan. This was a year back.
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franklin
06-12 06:25 PM
what can u do if u still have no EAD after 3 months? Endless waiting?
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] February 26, 2007
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=CSC
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] February 26, 2007
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=CSC
GCmuddu_H1BVaddu
09-09 07:44 PM
is there any way I can give myself red?
so called active member!!!!!!. Did u wake up after your PD is current and looking for suggestions??? ha. One of those hippocratic persons.
I am talking to you l
so called active member!!!!!!. Did u wake up after your PD is current and looking for suggestions??? ha. One of those hippocratic persons.
I am talking to you l
jkays94
06-22 12:17 AM
Let's start our campaign for our own bill immediately. There is no motive to wait. We should pay lobbysts and ask them to approach lawmakers using the argument that legal immigrants need a relief without waiting for amnesty bills for illegal aliens.
The same argument applies, why would someone like Dianne Feinstein or other lawmakers who supported CIR because of industries such as agriculture, turn around and support a bill for legal immigrants when they traditionally have been opposed to bills that favor skilled workers ? The reality is that there will be no new bill until after November. I'm being pessimistic with good reason, look at the example that this Senator (http://www.senate.gov/~levin/newsroom/release.cfm?id=256689) gave regarding a measure that made it to the Senate and collapsed, but they did have success in the house where it passed as they would have wanted it to. What happened in this same case is what has happened to CIR, it got past the Senate but is now facing problems in the house. It goes to show that lobbying even with massive resources does not guarantee immediate success neither is the result what one set out to get, but indeed one is better off lobbying than not lobbying at all :
18 families worth a total of $185.5 billion quietly financed and coordinated a 10-year effort to repeal the estate tax. The report (http://www.citizen.org/documents/EstateTaxFinal.pdf) tells how these families spent over $200 million dollars contributing to political campaigns, financing outside lobby groups and trade associations, and creating a massive anti-estate tax coalition that served as the main coordinator of the repeal campaign.
The same argument applies, why would someone like Dianne Feinstein or other lawmakers who supported CIR because of industries such as agriculture, turn around and support a bill for legal immigrants when they traditionally have been opposed to bills that favor skilled workers ? The reality is that there will be no new bill until after November. I'm being pessimistic with good reason, look at the example that this Senator (http://www.senate.gov/~levin/newsroom/release.cfm?id=256689) gave regarding a measure that made it to the Senate and collapsed, but they did have success in the house where it passed as they would have wanted it to. What happened in this same case is what has happened to CIR, it got past the Senate but is now facing problems in the house. It goes to show that lobbying even with massive resources does not guarantee immediate success neither is the result what one set out to get, but indeed one is better off lobbying than not lobbying at all :
18 families worth a total of $185.5 billion quietly financed and coordinated a 10-year effort to repeal the estate tax. The report (http://www.citizen.org/documents/EstateTaxFinal.pdf) tells how these families spent over $200 million dollars contributing to political campaigns, financing outside lobby groups and trade associations, and creating a massive anti-estate tax coalition that served as the main coordinator of the repeal campaign.
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