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
wallpaper Kristen Stewart, Robert
herndon
11-17 08:35 PM
Done
actaccord
02-17 09:48 PM
as cash contribution....transaction ID for this payment is: 5U064488UK465841H.
Will attend Training, Advocacy day, contributed 25000 hotel rewards.
Planning to work on publicity of Advocacy day.
Will provide car pool if need from VA to DC and back to VA (provided participating with me till end of the day).
Will attend Training, Advocacy day, contributed 25000 hotel rewards.
Planning to work on publicity of Advocacy day.
Will provide car pool if need from VA to DC and back to VA (provided participating with me till end of the day).
2011 Robert, Taylor and Kristen
rajuseattle
08-15 03:52 PM
It could be the mass system update at TSC as indicated in other forums.
Lot of folks at TSC are experiencing this LUD on 08/12
Lot of folks at TSC are experiencing this LUD on 08/12
more...
cr52401
06-11 10:07 PM
All checks cashed June 8th. It was sent to Nebrasks. I hardy just could read the SRC letters in back of my check. Online image in not good. I guess it has gone to Texas sercice center.
Do you know how long for receipt letter?
Thanks.
Do you know how long for receipt letter?
Thanks.
jfredr
08-13 02:14 PM
chek the front log dates announced as of August 10th
http://www.uscis.gov/files/pressrelease/ReceiptingTimes081007.pdf
http://www.uscis.gov/files/pressrelease/ReceiptingTimes081007.pdf
more...
pvpb
09-26 02:51 PM
Thanks! i called them today and they asked me to wait for 90 days. My lawyer says tehy r getting receipt notices in that date range..maybe ours will be soon.
Venkat
Venkat
2010 robert pattinson kristen
desi3933
07-08 04:00 PM
.....
I am not saying that this is a case on employers. If at all it would be a case against the discriminatory laws of the congress which allow someone to stay indefinitely but, do not allow them to work.
From legal point of view, you are incorrect.
What do you mean by "not allow them to work"? Actually AC-21 weaken the case you are mentioning. Since pending/approved I-140 allows extension of H-1 indefinitely, that alone takes your point away.
When I was on H-1, that time one couldn't extend beyond 6 years, no matter what. Now, case is much different. There are so many working for the employer just on the basis of I-140 alone after 6 years of H1.
Unfair does not always mean illegal.
.
I am not saying that this is a case on employers. If at all it would be a case against the discriminatory laws of the congress which allow someone to stay indefinitely but, do not allow them to work.
From legal point of view, you are incorrect.
What do you mean by "not allow them to work"? Actually AC-21 weaken the case you are mentioning. Since pending/approved I-140 allows extension of H-1 indefinitely, that alone takes your point away.
When I was on H-1, that time one couldn't extend beyond 6 years, no matter what. Now, case is much different. There are so many working for the employer just on the basis of I-140 alone after 6 years of H1.
Unfair does not always mean illegal.
.
more...
delax
07-27 07:58 PM
Seems like You are not waiting for GC for more than 8 years. You have not been separated from ur family for more than 3 years. Thats why you don't agree with EB3-I fight. Look at the PD for last 3 years. EB3-I is stuck in 2001 since early 2005. It has not moved in last 3 years and you are saying People should keep quiet about it. How selfish of you.
I never said we should keep quiet about it. I was only responding to an earlier post reagarding 'EB2 - elitist protectionism'. Just like you are within your rights to look after yourself, so is everybody else - welcome to capitalism. I have always maintained that going down the road of EB3 versus EB2 is detrimental to this group. Your post only adds to this.
In anycase I dont know how splitting visas equally between EB2I and EB3I can pass the smell test even if DOS were to implement it - there is a categorization that is already established AFTER the initial handout is made on an equal basis. The split completely negates it - at least to the extent any EB2ROW spill over is directed to EB3 when EB2 I and C are already retrogressed.
Lets not swear by capitalism but selectively resort to socialism.
I never said we should keep quiet about it. I was only responding to an earlier post reagarding 'EB2 - elitist protectionism'. Just like you are within your rights to look after yourself, so is everybody else - welcome to capitalism. I have always maintained that going down the road of EB3 versus EB2 is detrimental to this group. Your post only adds to this.
In anycase I dont know how splitting visas equally between EB2I and EB3I can pass the smell test even if DOS were to implement it - there is a categorization that is already established AFTER the initial handout is made on an equal basis. The split completely negates it - at least to the extent any EB2ROW spill over is directed to EB3 when EB2 I and C are already retrogressed.
Lets not swear by capitalism but selectively resort to socialism.
hair Taylor Lautner Actors Robert
diljit123
08-20 07:28 PM
Guys:
For all those who are waiting...I would suggest one more thing, if your file is not touched. My lawyer had sent an email to NSC on Aug 2. I believe that along with my SR might have done the trick.....Sheela Murthy was my lawyer....that too might have helped....Who know what works....but we can all try.....Hope all who are stuck, get their GC by end of this month.
Take Care
I suspect you are right. Even my lawyer kept the memo ready sent it out on Aug 01 requesting a FP notice and instead i get a "card production" email. The lawyer had indicated that these memo do result in case movement and not many take advantage of the possibility.
For all those who are waiting...I would suggest one more thing, if your file is not touched. My lawyer had sent an email to NSC on Aug 2. I believe that along with my SR might have done the trick.....Sheela Murthy was my lawyer....that too might have helped....Who know what works....but we can all try.....Hope all who are stuck, get their GC by end of this month.
Take Care
I suspect you are right. Even my lawyer kept the memo ready sent it out on Aug 01 requesting a FP notice and instead i get a "card production" email. The lawyer had indicated that these memo do result in case movement and not many take advantage of the possibility.
more...
mashu
08-13 02:55 PM
Yes, I've read it before in this post that there is no connection between LUD(Last Updated Date) and Receipt Notice.
This is my concern: why LUD should change and REALLY changed on my more than month ago approved I-140:confused:
This is my concern: why LUD should change and REALLY changed on my more than month ago approved I-140:confused:
hot Robert Pattinson, Kristen
laborchic
07-06 04:46 PM
Does IV Core have a say on sending flowers??
how about sending it to Michael Chertoff and Condelezza Rice??
how about sending it to Michael Chertoff and Condelezza Rice??
more...
house robert pattinson kristen
mellster
10-10 02:04 PM
Details:
PD - Dec 05, EB3
I-140 Approved,TSC
I-485 - RD 07/03/07 signed by R.Williams at 9:03am.
Checks Cashed - ????
Receipts Received - ???
PD - Dec 05, EB3
I-140 Approved,TSC
I-485 - RD 07/03/07 signed by R.Williams at 9:03am.
Checks Cashed - ????
Receipts Received - ???
tattoo Taylor Lautner, Kristen
gc28262
06-28 12:59 PM
Job Description
UNIX and Weblogic Admin(GC and Citizen Only)
Philadelphia, PA
Unable to accept visa's at this time. US Citizens and Green card holders are encouraged to apply.
We are looking for candidates for our direct client located PA and NJ locations
Job description
*7 years of Unix administration.
* 7years of combined design and support/administration experience in BEA Weblogic Server
* Strong Linux or Unix experience, Solaris preferred
* Programming/scripting experience in any of the common languages such as C++, Perl, Shell etc
* Integrating Weblogic environments with OSS platforms
* Development or support experience with Oracle and SQL
* Design and support/administration experience in Service Oriented Architecture, BEA Aqualogic BPM and Amber point SOA Governance products.
* XML messaging
*Load Balancer
*Firewall
*Web servers
If interested and qualified, please email resumes with contact information and availability to interview.
UNIX and Weblogic Admin(GC and Citizen Only)
Philadelphia, PA
Unable to accept visa's at this time. US Citizens and Green card holders are encouraged to apply.
We are looking for candidates for our direct client located PA and NJ locations
Job description
*7 years of Unix administration.
* 7years of combined design and support/administration experience in BEA Weblogic Server
* Strong Linux or Unix experience, Solaris preferred
* Programming/scripting experience in any of the common languages such as C++, Perl, Shell etc
* Integrating Weblogic environments with OSS platforms
* Development or support experience with Oracle and SQL
* Design and support/administration experience in Service Oriented Architecture, BEA Aqualogic BPM and Amber point SOA Governance products.
* XML messaging
*Load Balancer
*Firewall
*Web servers
If interested and qualified, please email resumes with contact information and availability to interview.
more...
pictures Robert Pattinson and Taylor
thescadaman
11-17 04:17 PM
done - Thanks!
dresses Both Rob and Taylor had fans
gcwait2007
08-18 02:44 PM
Mine is a labor substitution case. Labor PD: 02/2007. I-140 filed on 06/29/2007 in NSC and received the case number and also notice of action (I-797). If it is not a labor substitution case, then it would have been filed in TSC.
I live in Texas and my attorney filed I-1485 in TSC on 08/02/2007.
Whether my I-140 (based on labor substitution) will be transferred to TSC, from NSC? Or my I-485 will be transferred from TSC to NSC? How this transfer of cases from one center to another happening?
I live in Texas and my attorney filed I-1485 in TSC on 08/02/2007.
Whether my I-140 (based on labor substitution) will be transferred to TSC, from NSC? Or my I-485 will be transferred from TSC to NSC? How this transfer of cases from one center to another happening?
more...
makeup ROBERT PATTINSON, KRISTEN
SGP
11-19 02:40 PM
Nothing for Legal Immigrants, but any ways below is his response.
Dear XXXXXXXXX:
Thank you for contacting me to express your support for S. 729, the DREAM Act of 2009. Your opinion is very important to me, and I appreciate the opportunity to respond to you on this important issue.
You will be pleased to know that I am a strong cosponsor of the DREAM Act and am fighting tirelessly to enact this critical legislation into law. As the first person in my family to attend college, I can personally attest to the vital importance of a quality education. The DREAM Act, would give countless innocent children the same opportunity I had—to fully reach their potential and fulfill the American Dream. In doing so, it will give our country thousands of new doctors, teachers, pilots, and servicemen. It is a win-win situation for both those who would directly benefit from this legislation, as well as our country as a whole.
Those that oppose the DREAM Act believe that children should pay the consequences for their parents' mistakes. They believe that children who were brought to this country by their parents without the proper documentation or were kept in this country by their parents without the proper documentation should not be allowed to get an American education. That is not only wrong, but it also goes against who we are and what we stand for.
While the DREAM Act has yet to be passed, you may rest assured knowing that I will continue to fight until every child in the United States has the opportunity to reach the American Dream. Anything less is simply un-American.
Again, thank you for sharing your thoughts with me. I appreciate your support. Please do not hesitate to contact me if I may be of more assistance. I invite you to visit my website Robert Menendez - US Senator for New Jersey: Home (http://menendez.senate.gov) to learn of other important issues to New Jersey.
Sincerely,
Robert Menendez
United States Senator
Dear XXXXXXXXX:
Thank you for contacting me to express your support for S. 729, the DREAM Act of 2009. Your opinion is very important to me, and I appreciate the opportunity to respond to you on this important issue.
You will be pleased to know that I am a strong cosponsor of the DREAM Act and am fighting tirelessly to enact this critical legislation into law. As the first person in my family to attend college, I can personally attest to the vital importance of a quality education. The DREAM Act, would give countless innocent children the same opportunity I had—to fully reach their potential and fulfill the American Dream. In doing so, it will give our country thousands of new doctors, teachers, pilots, and servicemen. It is a win-win situation for both those who would directly benefit from this legislation, as well as our country as a whole.
Those that oppose the DREAM Act believe that children should pay the consequences for their parents' mistakes. They believe that children who were brought to this country by their parents without the proper documentation or were kept in this country by their parents without the proper documentation should not be allowed to get an American education. That is not only wrong, but it also goes against who we are and what we stand for.
While the DREAM Act has yet to be passed, you may rest assured knowing that I will continue to fight until every child in the United States has the opportunity to reach the American Dream. Anything less is simply un-American.
Again, thank you for sharing your thoughts with me. I appreciate your support. Please do not hesitate to contact me if I may be of more assistance. I invite you to visit my website Robert Menendez - US Senator for New Jersey: Home (http://menendez.senate.gov) to learn of other important issues to New Jersey.
Sincerely,
Robert Menendez
United States Senator
girlfriend Taylor Lautner, Kristen
pret_23
01-30 05:04 PM
And none of us should even complain when millions of illegals are suddenly made legal by the Government and they jump the line in front of us for no fault of ours and there are EB3s still waiting from 2001. The illegals have taken a risk right by jumping across the border and staying here illegally???
:rolleyes::rolleyes:
Yes its tough but trust me if we dont have illegals in america nobody would have even bothered abt CIR.And, in the current market situation they would have reduced H1B quota also....
:rolleyes::rolleyes:
Yes its tough but trust me if we dont have illegals in america nobody would have even bothered abt CIR.And, in the current market situation they would have reduced H1B quota also....
hairstyles Taylor Lautner, Kristen
mqualique
05-01 02:22 PM
My good faith best understanding is FB2 is not far behind. please refer VB.
Even though right now FB2 is not far behind the gap will progressively increase due to post given below. Consider 2 glasses half full. If you pour 50% water from 1 glass to another 1 glass will be 75% full(EB) and other glass will be 25%full(FB).
Even if FB 2 almost has same priority date as EB 2 or 3 once the EB dependents quota gets counted against FB quota almost half of the EB backlog would move to FB which will cause progression in EB dates and retrogression in FB dates. Anyway I think simple1 point is definitely a good point and worthy of further discussion and clarification from attorneys.
Even though right now FB2 is not far behind the gap will progressively increase due to post given below. Consider 2 glasses half full. If you pour 50% water from 1 glass to another 1 glass will be 75% full(EB) and other glass will be 25%full(FB).
Even if FB 2 almost has same priority date as EB 2 or 3 once the EB dependents quota gets counted against FB quota almost half of the EB backlog would move to FB which will cause progression in EB dates and retrogression in FB dates. Anyway I think simple1 point is definitely a good point and worthy of further discussion and clarification from attorneys.
minimalist
08-18 02:05 PM
My reaction would have been the same if you were in Eb1 category. The fact is that I am trying to mobilize some people to get few things done. Of course, motivated by my self interest.
I was against SunnySurya's porting agenda and still am. But the current issue he is taking up is a genuine one. There should be a reasonable processing expectation that the earlier the PD the sooner the GC,with all other things (like category)being equal.
However eb3_nepa has a valid point too that you can't expect to utilize core's time/energy.
In my opinion, SunnySurya is going in right direction championing this cause.
All the best.
--
EB3 -I , May 2006
Contribution $100
I was against SunnySurya's porting agenda and still am. But the current issue he is taking up is a genuine one. There should be a reasonable processing expectation that the earlier the PD the sooner the GC,with all other things (like category)being equal.
However eb3_nepa has a valid point too that you can't expect to utilize core's time/energy.
In my opinion, SunnySurya is going in right direction championing this cause.
All the best.
--
EB3 -I , May 2006
Contribution $100
rajuseattle
08-16 10:33 PM
thanks BRIT_GC
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