gxtrader
09-06 03:24 PM
My Aug 1 filer friend got his already....
....Aug '06 that is ;)
....Aug '06 that is ;)
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desi3933
06-28 09:59 AM
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
Read I-9 form. Employee must have work authorization before he/she can start work.
Read more here
Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.
Regarding the hiring part,
first read here about H-1 visa
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
Now, read more about H-1B LCA here
http://www.lca.doleta.gov/h1bcl_nw.pdf
Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.
On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.
More about LCA here
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
Hopefully, you will trust lawyer more than me.
Have a good day!
What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
Read I-9 form. Employee must have work authorization before he/she can start work.
Read more here
Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.
Regarding the hiring part,
first read here about H-1 visa
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
Now, read more about H-1B LCA here
http://www.lca.doleta.gov/h1bcl_nw.pdf
Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.
On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.
More about LCA here
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
Hopefully, you will trust lawyer more than me.
Have a good day!
acecupid
09-27 09:10 AM
BTW, for that poster who was imagining a single line, open your eyes buddy. There are indeed two lines. Higher qualifications gets you into the shorter one. You can fret and whine all you want but you cant change the fact.
Porting PDs is a silly concept as others have pointed it out here. Its the law for now but wont be for long. Get over it.
Look whose talking !:rolleyes: we can see who is fretting and whining.:D I'm telling you what the law states. :cool:What you are saying is wishful thinking........ So wake up from your dream...
Porting PDs is a silly concept as others have pointed it out here. Its the law for now but wont be for long. Get over it.
Look whose talking !:rolleyes: we can see who is fretting and whining.:D I'm telling you what the law states. :cool:What you are saying is wishful thinking........ So wake up from your dream...
2011 Because growing up doesn#39;t
Macaca
12-10 11:23 AM
Why don't you tell other proud americans to not
1. admit us to your educational systems,
2. give us jobs, and
3. sponsor our green cards.
Why don't posters on this forum move back to their home country and concentrate on making their home country great instead of slamming into someone else's country and just living off the wealth others have created?
The bottom line is that a SKIL act is not needed. Hundreds of thousands of American programmers have lost their job to the third world, both in outsourcing and insourcing of third world programmers who work for cheaper wages. There is absolutely no need for more foreigners here and no need for more green cards. Temporary workers are just that - temporary. If you are on a temporary visa, work your time, make some money for your family and head home when your time is up. Don't cry that we don't provide enough green cards when you knew what kind of visa you were on.
1. admit us to your educational systems,
2. give us jobs, and
3. sponsor our green cards.
Why don't posters on this forum move back to their home country and concentrate on making their home country great instead of slamming into someone else's country and just living off the wealth others have created?
The bottom line is that a SKIL act is not needed. Hundreds of thousands of American programmers have lost their job to the third world, both in outsourcing and insourcing of third world programmers who work for cheaper wages. There is absolutely no need for more foreigners here and no need for more green cards. Temporary workers are just that - temporary. If you are on a temporary visa, work your time, make some money for your family and head home when your time is up. Don't cry that we don't provide enough green cards when you knew what kind of visa you were on.
more...
sanjeev_2004
09-13 03:06 PM
Dear All:
I am starting this thread ONLY for those who filed their 485's to the TSC from July 5th till July 31, 2007. If you have receipt notices for your filings in between these dates, please reply here. I am concerned with what's happening with our submissions at the TSC? Thanks.
Create a new thread for TSC.
I am starting this thread ONLY for those who filed their 485's to the TSC from July 5th till July 31, 2007. If you have receipt notices for your filings in between these dates, please reply here. I am concerned with what's happening with our submissions at the TSC? Thanks.
Create a new thread for TSC.
vkrishn
08-25 08:17 PM
Did you call TSC or NSC.
Its the 1800 number you call and then escalated to Tier 2.
Its the 1800 number you call and then escalated to Tier 2.
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desi3933
07-10 03:52 PM
Folks, here is what I am able to gather by self employment
(1) One can be self employed
(2) 1099 or w2 - kinda tricky - most people I talked to do w2 and any profits they get after they take their salary are bonuses
(3) The job has to be legitimate - in the same or similar category - you must be doing duties that are similar in nature to your 140 petition
(4) What is meant by legitimate is - you must simply not be doing "nothing" - there must be income and you must be doing your duties.
Correct me if I am wrong
I agree with above and would like add one more
5. Job duties must match with original labor/I-140 conditions.
.
(1) One can be self employed
(2) 1099 or w2 - kinda tricky - most people I talked to do w2 and any profits they get after they take their salary are bonuses
(3) The job has to be legitimate - in the same or similar category - you must be doing duties that are similar in nature to your 140 petition
(4) What is meant by legitimate is - you must simply not be doing "nothing" - there must be income and you must be doing your duties.
Correct me if I am wrong
I agree with above and would like add one more
5. Job duties must match with original labor/I-140 conditions.
.
2010 quot;Growing Up in Neverlandquot;
simple1
05-02 03:21 PM
I am unable to get into the donar thread. I did donate yesterday.
Could you please post the information in this thread. or Admin provide me access to donar thread ?
http://immigrationvoice.org/forum/showthread.php?p=338410#post338410
Could you please post the information in this thread. or Admin provide me access to donar thread ?
http://immigrationvoice.org/forum/showthread.php?p=338410#post338410
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tabletpc
11-21 02:10 PM
Just like everyother memeber has expressed opinion, i was shocked to read your posting.
May god give you the courage to handle the stress and resposibality you have now.
I keep trying to convince.."Did i realy read that posting or was it just a bad dream"..unfortunalty its not a dream..!!!
Do get it checked from well know doctors. Here is a youtube version of comenecement speach given by Steve Jobs. Even he was diagnized with cancer and he spent whole day thinking of his resposibality. But that evening the doctors realzied it was curable cancer and were in tears ..!!!
http://www.youtube.com/watch?v=D1R-jKKp3NA
be strong...
May god give you the courage to handle the stress and resposibality you have now.
I keep trying to convince.."Did i realy read that posting or was it just a bad dream"..unfortunalty its not a dream..!!!
Do get it checked from well know doctors. Here is a youtube version of comenecement speach given by Steve Jobs. Even he was diagnized with cancer and he spent whole day thinking of his resposibality. But that evening the doctors realzied it was curable cancer and were in tears ..!!!
http://www.youtube.com/watch?v=D1R-jKKp3NA
be strong...
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mirage
03-07 12:02 PM
I never said I'm doing any community service, I care for my green card, and I am not getting it because of the country cap. That is why country ca is my problem. But if I am able to convince a lawmaker and get something in place, while I get my Green card, thousands others will get it who are in line before me, and obviously people who are after me will move forward in line. May be with your kind of brains and temperament it is hard for you to understand, but it is simple for 60 plus people who are in our Yahoo group...
Look man, I don't know who you are and what's your story. But I do know this. Giving a false impression to others and misleading others on this forum and on any other forum is not going to help. You seem to project that only you care for the issue of country-limits. I think the better description is, you only care for the removal of country limits till the day you get your green card. You do NOT want to remove country limits on EB beyond the date you receive the approval of your application. Giving a false impression to a few on this forum that temporarily removal of country limits will be easier than permanent removal of country limits is just WRONG.
After IV admin posted for the media interview few days back, I sent them an email expressing my willingness to speak with the press. I spoke with Vivek Wadhwa at length last week about this issue. Vivek Wadhwa article in Washington Post covers the issue of country limits where as his previous articles have not covered this issue.
http://www.washingtonpost.com/wp-dyn/content/article/2009/03/06/AR2009030601926.html
"Yet rather than welcome these entrepreneurs, the U.S. government is confining many of them to a painful purgatory. As of Sept. 30, 2006, more than a million people were waiting for the 120,000 permanent-resident visas granted each year to skilled workers and their family members. No nation may claim more than 7 percent, so years may pass before immigrants from populous countries such as India and China are even considered".
I also called a member of IV core yesterday evening and they told me that they have told you not to do whatever that you are doing. I was told that you are hurting their effort and you have been told this pretty clearly. But you continue with this senseless and direction less ranting and you continue to cause damage to the effort for the removal of country-limits.
Its disgusting that rather than working with others to fix this complicated and difficult issue, you continue to beat your own drum, without actually doing anything, but at the same time hurting the issue you claim you care for. And on top of that you want to remove the country limits only until you get your green card. Is that rationale to you in any which way?????? No. Is your action selfish????? YES.
.
Look man, I don't know who you are and what's your story. But I do know this. Giving a false impression to others and misleading others on this forum and on any other forum is not going to help. You seem to project that only you care for the issue of country-limits. I think the better description is, you only care for the removal of country limits till the day you get your green card. You do NOT want to remove country limits on EB beyond the date you receive the approval of your application. Giving a false impression to a few on this forum that temporarily removal of country limits will be easier than permanent removal of country limits is just WRONG.
After IV admin posted for the media interview few days back, I sent them an email expressing my willingness to speak with the press. I spoke with Vivek Wadhwa at length last week about this issue. Vivek Wadhwa article in Washington Post covers the issue of country limits where as his previous articles have not covered this issue.
http://www.washingtonpost.com/wp-dyn/content/article/2009/03/06/AR2009030601926.html
"Yet rather than welcome these entrepreneurs, the U.S. government is confining many of them to a painful purgatory. As of Sept. 30, 2006, more than a million people were waiting for the 120,000 permanent-resident visas granted each year to skilled workers and their family members. No nation may claim more than 7 percent, so years may pass before immigrants from populous countries such as India and China are even considered".
I also called a member of IV core yesterday evening and they told me that they have told you not to do whatever that you are doing. I was told that you are hurting their effort and you have been told this pretty clearly. But you continue with this senseless and direction less ranting and you continue to cause damage to the effort for the removal of country-limits.
Its disgusting that rather than working with others to fix this complicated and difficult issue, you continue to beat your own drum, without actually doing anything, but at the same time hurting the issue you claim you care for. And on top of that you want to remove the country limits only until you get your green card. Is that rationale to you in any which way?????? No. Is your action selfish????? YES.
.
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crystal
07-05 11:11 AM
You are absolutely right. The thread owner should have explained the concept for the non-indians and made it more acceptable by others.
It is never late , the thread owner can you please update in the first page regarding what this is all about.
Please remember, forum rules mandate posts in English. Thanks for excluding and alienating.
Junior members, please read the posting guidelines. Lasantha, you are not being ignorant at all
It is never late , the thread owner can you please update in the first page regarding what this is all about.
Please remember, forum rules mandate posts in English. Thanks for excluding and alienating.
Junior members, please read the posting guidelines. Lasantha, you are not being ignorant at all
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vshar
11-19 12:16 PM
done...
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mrsr
07-08 08:24 PM
Why the hell they are looting the social security then , as non immigrant why the hell do i need it. Any congress men can answer this , they are stupid
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go2roomshare
10-05 10:54 AM
If the Democrats win, at least hope that CIR would pass, which alredy includes our visa numbers increase.
If Republicans will, we are screwed none of immigration friendly bill will pass
If Republicans will, we are screwed none of immigration friendly bill will pass
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anilnag
05-02 03:55 PM
in contributions and in any thing else... I started contributing even before lot of people here heard about IV.
Ask a few more to give me red... I will be happy to get more for saying what I said.
Ask a few more to give me red... I will be happy to get more for saying what I said.
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dilber
04-22 04:57 PM
May Mehul rest in peace.
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ski_dude12
08-26 01:08 PM
Is your case pending at TSC?
They approved my EAD and Adv Parole (last month within 2 weeks of application), but no progress on my case :confused:
Congratulations to all newly greened folks and Good Luck to all waiting....
They approved my EAD and Adv Parole (last month within 2 weeks of application), but no progress on my case :confused:
Congratulations to all newly greened folks and Good Luck to all waiting....
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sai.bhargavi
07-07 02:02 AM
I am in NY/NJ area and oraginze some 15 people to show up for the protest, also send out some emails, make some signs & placards
I am in for NY/NJ. Can also muster about 10 ppl or more.
I am in for NY/NJ. Can also muster about 10 ppl or more.
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GCEB2
09-03 01:33 PM
I did try to talk to customer care but it was of no help.
They tell me to wait for 30 days and sometime 60-90days.
They say you will become actual permanent resident when you get the card The card is important.
You now USCIS don’t know when they will change their minds.
To better be on safe side to get it stamped on my passport. I took info pass on 09-11-08 it will be almost 30 days,
let’s wait and see
approved on 8-12-08
NoWelcome notice Or Card
They tell me to wait for 30 days and sometime 60-90days.
They say you will become actual permanent resident when you get the card The card is important.
You now USCIS don’t know when they will change their minds.
To better be on safe side to get it stamped on my passport. I took info pass on 09-11-08 it will be almost 30 days,
let’s wait and see
approved on 8-12-08
NoWelcome notice Or Card
mita
08-14 03:21 PM
As mentioned in my earlier post, address on my husband's I-485 was changed by USCIS system wrongly to attorney's address. We were wondering whether the documents went to old address or attorney and thank god our attorney has received it today and we will get it tomorrow. As for me and my son, still waiting...
BECsufferer
01-30 07:49 PM
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
Hmmm ... not generating salary, means you are not working currently. But your employer hasn't revoked your H1 ( or work authorization, i don't recall exact term), which mostly they do or are supposed to do. Which is good, if you have freindly terms ask for to be sent on un-paid leave. Plus if you have paid leave pending, maintain that so incase your employer has to issue pay check, he can tap into this.
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
Hmmm ... not generating salary, means you are not working currently. But your employer hasn't revoked your H1 ( or work authorization, i don't recall exact term), which mostly they do or are supposed to do. Which is good, if you have freindly terms ask for to be sent on un-paid leave. Plus if you have paid leave pending, maintain that so incase your employer has to issue pay check, he can tap into this.
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