gc28262
06-28 09:33 AM
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
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.
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
desi3933,
Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
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 ?
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
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.
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
desi3933,
Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
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 ?
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desi3933
06-26 02:01 PM
EEO does not protect immigration status based discrimination. However Immigration Reform and Control Act of 1986 does protect against discrimination based on immigration status.
https://www.oig.lsc.gov/legis/irca86.htm
SEC. 102. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
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
https://www.oig.lsc.gov/legis/irca86.htm
SEC. 102. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
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
SunnySurya
08-18 01:57 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 am sorry SunnySurya but this issue DOES concern me. If everyone starts asking the IV core for their time just for their own issues, what about the rest of the community?
If you expect the IV core to dedicate it's time JUST for a particular secction of people, then you need to justify that demand.
In your opinion, EB3 is a LOWLY category as compared to EB2. So it is not enough that Nurses feed from it and just about EVERYONE else feeds from it. To top it off, overflow from eb1 goes FIRST to eb2 and then (and almost NEVER) to eb3. SO Eb2 gets a fair chunk of the greed cards, and over and above that you now want the IV core to further drop everything else and help JUST eb2 out? And who should make this demand? None other than someone who is trying to BREAK the community up into Eb2 vs Eb3.
I am sorry SunnySurya but this issue DOES concern me. If everyone starts asking the IV core for their time just for their own issues, what about the rest of the community?
If you expect the IV core to dedicate it's time JUST for a particular secction of people, then you need to justify that demand.
In your opinion, EB3 is a LOWLY category as compared to EB2. So it is not enough that Nurses feed from it and just about EVERYONE else feeds from it. To top it off, overflow from eb1 goes FIRST to eb2 and then (and almost NEVER) to eb3. SO Eb2 gets a fair chunk of the greed cards, and over and above that you now want the IV core to further drop everything else and help JUST eb2 out? And who should make this demand? None other than someone who is trying to BREAK the community up into Eb2 vs Eb3.
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mbawa2574
05-09 08:27 AM
Only logic I can think of is Obama is trying to make low-life irresponsible unskilled Americans happy at the cost of skilled Indian workers. How can this retrogress to 2000. This is insane. I miss the good old Bush days and hope that McCain would have been the President.
more...
allen
01-06 10:24 PM
I landed on December 2009 on a Sunday and did the visa stamping on monday, for the h1 they asked status in canada and i said i landed yesterday; got the visa stamp but in the annotations it says canadian resident; got through the POS without problems
h4help
10-10 07:40 PM
July 5th Filer
Husband got EAD
I am still waiting !
Damn it feels like I am waiting for ever .. I am so desperately praying for a good news on the EAD
Husband got EAD
I am still waiting !
Damn it feels like I am waiting for ever .. I am so desperately praying for a good news on the EAD
more...
i99
09-25 03:57 PM
I140 or H1-B is another story, but, I485 is solely your application. You are entitled to talk to the attorney who sent your application (and put his/her name as a contact to USCIS) BY LAW. For I485 he/she is representing you, thus have to reply to your inquiries. It might even be ILLEGAL for the attorney to give info about your I485 to your employer.
How you can make your employer convinced about this? You might show evidence. Your initial aggrement with the attorney will help, too.
Too much of patience needed for this. My lawyer sent the papers on july 2nd. Still no word about the Receipt notice. I can see an LUD on July 28th on my approved I140. my 140 starts with SRC.... Anyone similar to my case.
Sub. Labor - Priority date aug 5th 2004.
i140 approved.
485 package sent on 2nd july. i dont know when/whether they receieved it.
My company doesn't allow me to interact directly with the lawyer. is there anyway i cna find out whats going on....
How you can make your employer convinced about this? You might show evidence. Your initial aggrement with the attorney will help, too.
Too much of patience needed for this. My lawyer sent the papers on july 2nd. Still no word about the Receipt notice. I can see an LUD on July 28th on my approved I140. my 140 starts with SRC.... Anyone similar to my case.
Sub. Labor - Priority date aug 5th 2004.
i140 approved.
485 package sent on 2nd july. i dont know when/whether they receieved it.
My company doesn't allow me to interact directly with the lawyer. is there anyway i cna find out whats going on....
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Lasantha
02-05 10:20 AM
Hi Gene,
The main two applications you need to file is 1) PR card 2) SIN card.
No, you cannot file for the PR card online and as far as I know same goes for the SIN card.
1) The officer will take down your information for the PR card during the landing process. The picture you sent them will be used for this and no need to take new pictures. However you need to give them a Canadian address for them to send you the PR card. They will not accept a US address and no PO boxes. So I suggest that you give a friend's or relatives's address if you plan to return to the US after landing. After your friend receives the PR card he can mail it to you in the US.
2) During the landing procedure you will receive a packet of documents and it will have information on how to apply for your SIN card. All you need to do is go to one of their offices on a weekday during working hours with your landing papers and fill a form. There too you need to provide a Canadian address.
In addition to these you must bring with you a list of goods you are bringing with you and a list of goods that will arrive later. This is to be submitted to Canadian customs. Then you must bring bankstatements etc proving that you have the required amount of funds.
When I landed I had not applied for AOS. So I am not sure what kind of effect the Canadian PR will have when you return to the US. Hope someone who landed after filing 485 would throw some light on that.
You can return whenver you wish after landing. But you will need some time to file for your SIN card. I landed on a Friday afternoon and came back the following Monday. Why not make a mini vacation of it? I landed in Toronto and it's a great city.
Hope this helps.
What documents, applications need to be filled out after we land in Canada; in-terms of applying for the Resident Card, Social Insurance Number etc. I don't even know what else needs to be filled out.
Can we fill these applications on-line or must be fill them out only after we have landed physically in Canada?
After landing, how long before we can come back to the USA for resuming our job?
Thanks Lasantha.
The main two applications you need to file is 1) PR card 2) SIN card.
No, you cannot file for the PR card online and as far as I know same goes for the SIN card.
1) The officer will take down your information for the PR card during the landing process. The picture you sent them will be used for this and no need to take new pictures. However you need to give them a Canadian address for them to send you the PR card. They will not accept a US address and no PO boxes. So I suggest that you give a friend's or relatives's address if you plan to return to the US after landing. After your friend receives the PR card he can mail it to you in the US.
2) During the landing procedure you will receive a packet of documents and it will have information on how to apply for your SIN card. All you need to do is go to one of their offices on a weekday during working hours with your landing papers and fill a form. There too you need to provide a Canadian address.
In addition to these you must bring with you a list of goods you are bringing with you and a list of goods that will arrive later. This is to be submitted to Canadian customs. Then you must bring bankstatements etc proving that you have the required amount of funds.
When I landed I had not applied for AOS. So I am not sure what kind of effect the Canadian PR will have when you return to the US. Hope someone who landed after filing 485 would throw some light on that.
You can return whenver you wish after landing. But you will need some time to file for your SIN card. I landed on a Friday afternoon and came back the following Monday. Why not make a mini vacation of it? I landed in Toronto and it's a great city.
Hope this helps.
What documents, applications need to be filled out after we land in Canada; in-terms of applying for the Resident Card, Social Insurance Number etc. I don't even know what else needs to be filled out.
Can we fill these applications on-line or must be fill them out only after we have landed physically in Canada?
After landing, how long before we can come back to the USA for resuming our job?
Thanks Lasantha.
more...
vij
06-14 02:36 PM
Did any one filed on june 1 and still waiting for RD notice
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Naveen
07-09 04:05 PM
Added this info to the profile of Mr.Gonzalez in Wikipedia and also to USCIS and DOS.
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bkarnik
05-05 11:13 AM
In continuation of the post from Nenneo, I had the chance to see Newt Gingrich, ex-speaker of the house and who is currently testing the waters for a possible 2008 Pres. nomination from the GOP. His response, I think, speaks volumes about the type of people the GOP would like to see here.
He indicated that he is totally against illegal immigration and pro legal immigration. But, when it came to students who were pursuing higher education in the US, according to Newt, "is a no-brainer, we get them here, we train and teach them, it does not make sense to let them go. These students should be given a visa as soon as they find a job, as long as they have not committed any felony and especially since the students have been in the US for 2+years it is sufficient time to get to know them and their backgrounds and for them to be assimilated in the US way of life."
My 2-cents to clarify the thinking behind giving more preference to US educated students vs non-US educated ones. This coming from a senior GOP leader.
He indicated that he is totally against illegal immigration and pro legal immigration. But, when it came to students who were pursuing higher education in the US, according to Newt, "is a no-brainer, we get them here, we train and teach them, it does not make sense to let them go. These students should be given a visa as soon as they find a job, as long as they have not committed any felony and especially since the students have been in the US for 2+years it is sufficient time to get to know them and their backgrounds and for them to be assimilated in the US way of life."
My 2-cents to clarify the thinking behind giving more preference to US educated students vs non-US educated ones. This coming from a senior GOP leader.
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rpuja
08-11 10:15 PM
I know this not right place to ask this question . Please can anybody tell me how add a new thread.
Thanks in advance
Goto http://immigrationvoice.org/forum/index.php then select any thread from the categories and subcategories (like " I-485, EAD/AP application, renewal and related" ) you want. You should be able to "new Thread" button below the threads table. Good Luck. i am not sure why it has been made so tough to open a new thread.
Thanks in advance
Goto http://immigrationvoice.org/forum/index.php then select any thread from the categories and subcategories (like " I-485, EAD/AP application, renewal and related" ) you want. You should be able to "new Thread" button below the threads table. Good Luck. i am not sure why it has been made so tough to open a new thread.
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sledge_hammer
01-30 05:01 PM
Everyone does apply through a body shopper which is not right.. but is there a way out.
If no one is ready to give you a job, then LEAVE to your home country! Period! No one forced you to come to this country. And if you do not have a job then no one has invited you here. You are on your own! But if you want to stay, then abide by the rules. Get yourself into another visa status.
What makes you think everyone files for H-1B through a body shop? This is the lamest statement I have heard on this forum!
The morons taking the high moral ground need to make a reality check. let me state that i came here on F1 did my master's and got a job. so i'm not one of those sleazy guys who bent the rules according to these morons.
there is no one ready to give u a job if u dont have a GC or a EAD or OPT or u go through a consultant. These guys should know that first. Everyone does apply through a body shopper which is not right.. but is there a way out...
If no one is ready to give you a job, then LEAVE to your home country! Period! No one forced you to come to this country. And if you do not have a job then no one has invited you here. You are on your own! But if you want to stay, then abide by the rules. Get yourself into another visa status.
What makes you think everyone files for H-1B through a body shop? This is the lamest statement I have heard on this forum!
The morons taking the high moral ground need to make a reality check. let me state that i came here on F1 did my master's and got a job. so i'm not one of those sleazy guys who bent the rules according to these morons.
there is no one ready to give u a job if u dont have a GC or a EAD or OPT or u go through a consultant. These guys should know that first. Everyone does apply through a body shopper which is not right.. but is there a way out...
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aadhye
09-10 09:41 AM
Filed 3rd July at Nebraska.
No receipt yet.
No receipt yet.
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jtravers
11-21 11:47 PM
Hi Mehul,
We are praying for you. Do not loose hope. God has taken you this far and nothing is impossible for HIM.
I have known quite a few people who have been cancer survivors, some have gone through treatment and in some cases without treatment, it just went away. Like I said, don't loose hope. Try out the options that a lot of the folks have suggested on this forum and continue praying.
We are praying for you. Do not loose hope. God has taken you this far and nothing is impossible for HIM.
I have known quite a few people who have been cancer survivors, some have gone through treatment and in some cases without treatment, it just went away. Like I said, don't loose hope. Try out the options that a lot of the folks have suggested on this forum and continue praying.
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newuser
05-09 08:43 AM
E-mailed the letter to white house.
http://www.whitehouse.gov/CONTACT/
http://www.whitehouse.gov/CONTACT/
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GC08
05-06 06:24 PM
I think we should be careful about what we (Employment based immigrats, esp. those who are stuck in backlogs) support. I definitely do not support any reform that does not give us priority or does not eliminate employment based immigration backlogs.
I also think green card lottery, chain immigration, and refugee green cards should be eliminated and those visa numbers should be used for employment based immigrants because all these people can immigrate just like us through employment. We contribute more to the American society and should be given priority. I guess when we become American someday, we would like immigrants who contribute to our community too. Isn't that right? :)
I also think green card lottery, chain immigration, and refugee green cards should be eliminated and those visa numbers should be used for employment based immigrants because all these people can immigrate just like us through employment. We contribute more to the American society and should be given priority. I guess when we become American someday, we would like immigrants who contribute to our community too. Isn't that right? :)
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rtarar
05-19 01:31 PM
I am a July 2nd Filer.
No FP yet.
Details in signature.
No FP yet.
Details in signature.
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diptam
07-06 12:53 PM
Did you read this post ?
http://immigrationvoice.org/forum/showthread.php?t=6053
Folks, I am preparing a draft of the letter to be sent to the media. Any suggestions for points to be included are welcome!
I plan to include some information about the immigration system, details about the fiasco, how it impacted us, what our flowers are meant for.
http://immigrationvoice.org/forum/showthread.php?t=6053
Folks, I am preparing a draft of the letter to be sent to the media. Any suggestions for points to be included are welcome!
I plan to include some information about the immigration system, details about the fiasco, how it impacted us, what our flowers are meant for.
amitjoey
11-19 11:19 AM
We need to do three things to ensure that we succeed in this effort
1) Be serious about this action item, not only should we be sending out this email, but also encouraging all others- Including your colleagues, friends, family- GC Holders, Citizens to send this email to their lawmakers. Numbers matter.
2) We should follow up and make appointments Next week (It is a short week) or on Monday 29th November. When we go to this appointment, just focus on the message of this action alert. Do not be tempted to talk about any other issue, Do not take a lot of time and do not present any personal issue. Just talk about this one issue.
3) Please consider getting on a recurring contribution for IV. We need the funds. There are a lot of things that can be achieved if we had a big budget.
1) Be serious about this action item, not only should we be sending out this email, but also encouraging all others- Including your colleagues, friends, family- GC Holders, Citizens to send this email to their lawmakers. Numbers matter.
2) We should follow up and make appointments Next week (It is a short week) or on Monday 29th November. When we go to this appointment, just focus on the message of this action alert. Do not be tempted to talk about any other issue, Do not take a lot of time and do not present any personal issue. Just talk about this one issue.
3) Please consider getting on a recurring contribution for IV. We need the funds. There are a lot of things that can be achieved if we had a big budget.
CADude
08-01 04:58 PM
If anyone's I140 is pending at NSC, they thinks otherwise. You will feel other lanes are fast except one which you are. :D it's humane nature and It's ok to vent. you will feel better.;)
Most of the applications are going to NSC but TSC is the one which is slow. I do not understand the reason. It seems their boss (Mr. Gonzales) sits in NSC, so they do not do any work. Does any one have any idea why TSC is so slow.
If it goes like this, it will take a century to get EAD and AP itself.
Just venting out my frustration...:mad:
Most of the applications are going to NSC but TSC is the one which is slow. I do not understand the reason. It seems their boss (Mr. Gonzales) sits in NSC, so they do not do any work. Does any one have any idea why TSC is so slow.
If it goes like this, it will take a century to get EAD and AP itself.
Just venting out my frustration...:mad:
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