Naveen
07-09 05:54 PM
go for it!!. hope Naveen wont mind.
Darn it! I will be careful next time :) Thanks for correcting my mistake.
Darn it! I will be careful next time :) Thanks for correcting my mistake.
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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!
h1techSlave
03-28 11:16 AM
You have predicted that EB3-India cut of date would become June 2003. But your PD is July 2003. Usually people do not predict that way. They predict their own PD would become current pretty soon.:D
At one end it is bad that USCIS moved back Nebraska Processing date to June 08 2007 (More than one month backword) but it looks like USCIS is preparing itself to kick EB3-India ahead... It is too early to say this confidently.. But my feeling is that USCIS will keep processing dates tied to June 2007 and will kick EB3-India ahead. I am keeping my fingers crossed. Though as per murthy's web site in May bulletin EB3-India dates will remain same, I am feeling that if my guess is correct then at least from June bulletin we will see 2 patterns 1) Nebraka processing date would not move ahead for some months or will
move ahead very slowly from June 08 2007
2) Eb3-India PD dates will move ahead speedily. To me it looks like USCIS is now prepared to kick EB3-I (Till June 2003 PD) lot out.
At one end it is bad that USCIS moved back Nebraska Processing date to June 08 2007 (More than one month backword) but it looks like USCIS is preparing itself to kick EB3-India ahead... It is too early to say this confidently.. But my feeling is that USCIS will keep processing dates tied to June 2007 and will kick EB3-India ahead. I am keeping my fingers crossed. Though as per murthy's web site in May bulletin EB3-India dates will remain same, I am feeling that if my guess is correct then at least from June bulletin we will see 2 patterns 1) Nebraka processing date would not move ahead for some months or will
move ahead very slowly from June 08 2007
2) Eb3-India PD dates will move ahead speedily. To me it looks like USCIS is now prepared to kick EB3-I (Till June 2003 PD) lot out.
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dpp
07-28 07:21 AM
Even if USCIS reverts the decision back to use Vertical spill overs, it won't change the EB3-I PD position a dime. As it didn't change with that way in the past. So, there is no use in asking USCIS to change it back to Vertical from Horizontal spill over.
As somebody mentioned earlier, they were all taken by EB3 other workers all these years, it is better to ask USCIS to give preference to EB3-I and EB3-C before giving it to EB3 Other works so that they can get better share to complement for the lost happened all these years. I can understand the EB3-I frustration. We need to analyze who got the major share all these years and ask USCIS to give them to others lost in retrogression (EB3-I, EB3-C, EB2-I, EB2-C).
Otherwise, only way to get a common ground is, recapture and dependent exception bills. We should all work for these two common bills.
It may not directly harm visa recapture or any other official IV campaigns - at least for now! But don't you think if EB3-I campaign to revert to the old way of handling the overflow succeeds at all their will be an immediate follow up, counter campaign to re-revert the decision by EB2s? I don't see an end to this fight and I don't see any winners in the long term.
Again, I'm not saying you shouldn't run your campaign. You have every right to do so. But please accept this for what it is. It will cause a split in IV members and that can not be avoided.
As somebody mentioned earlier, they were all taken by EB3 other workers all these years, it is better to ask USCIS to give preference to EB3-I and EB3-C before giving it to EB3 Other works so that they can get better share to complement for the lost happened all these years. I can understand the EB3-I frustration. We need to analyze who got the major share all these years and ask USCIS to give them to others lost in retrogression (EB3-I, EB3-C, EB2-I, EB2-C).
Otherwise, only way to get a common ground is, recapture and dependent exception bills. We should all work for these two common bills.
It may not directly harm visa recapture or any other official IV campaigns - at least for now! But don't you think if EB3-I campaign to revert to the old way of handling the overflow succeeds at all their will be an immediate follow up, counter campaign to re-revert the decision by EB2s? I don't see an end to this fight and I don't see any winners in the long term.
Again, I'm not saying you shouldn't run your campaign. You have every right to do so. But please accept this for what it is. It will cause a split in IV members and that can not be avoided.
more...
jkays94
06-26 02:09 PM
Dear mpkmaster, it is easy to ignore facts and throw stones like "your are rasist". And it is not easy to face the reality. Since you are so smart, I would like to ask you some questions:
>>1. Why there are long immigration lines in the US, Europe, Australia, Canada, Singapore etc, and almost none for Mexico, Latin America, Middle East etc. Maybe because these countries a full of "racists" ?[/QUOTE]
To the best of my recollection, thousands of persons from Mexico are very much in line and suffer from retrogression just like everyone else. Please refer to any visa bulletin for details.
>>1. Why there are long immigration lines in the US, Europe, Australia, Canada, Singapore etc, and almost none for Mexico, Latin America, Middle East etc. Maybe because these countries a full of "racists" ?[/QUOTE]
To the best of my recollection, thousands of persons from Mexico are very much in line and suffer from retrogression just like everyone else. Please refer to any visa bulletin for details.
bombay
02-05 02:19 PM
Thanks Lasantha,
I am the primary Applicant. And my wife is secondary applicant. Can u send me any links or a lawyers contact so i can confirm it
I think it depends on who the primary applicant is in your Canadian PR application. If you are the primary applicant (and used your spouce's qualifications to get the extra points), you should be able to do the landing alone. But if you are the secondary applicant and your wife is the primary then I don't think you can land without her.
I think the rule is that the secondary applicants cannot land until the primary applicant has landed. (So the secondary applicants (spouce, kids) have to land either with the primary applicant or after him.
I am the primary Applicant. And my wife is secondary applicant. Can u send me any links or a lawyers contact so i can confirm it
I think it depends on who the primary applicant is in your Canadian PR application. If you are the primary applicant (and used your spouce's qualifications to get the extra points), you should be able to do the landing alone. But if you are the secondary applicant and your wife is the primary then I don't think you can land without her.
I think the rule is that the secondary applicants cannot land until the primary applicant has landed. (So the secondary applicants (spouce, kids) have to land either with the primary applicant or after him.
more...
trueguy
07-25 11:49 PM
Did you send out the latest letters...I am getting a positive feed back ..that approximately at least 500 letters have gone out..we started to make noise.. and we will see the results eventually...More action items will follow in comming weeks..Dont forget the high five though campaign though ;)
http://immigrationvoice.org/forum/showthread.php?t=20452
Nobody is even talking about EB3-I. Since congress is supporting EB2, we EB3-I won't get any relief bcoz all big companies are happy to see EB2-I getting approved. We are left alone and nobody to help us..........
http://immigrationvoice.org/forum/showthread.php?t=20452
Nobody is even talking about EB3-I. Since congress is supporting EB2, we EB3-I won't get any relief bcoz all big companies are happy to see EB2-I getting approved. We are left alone and nobody to help us..........
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gcwait2007
12-17 04:15 PM
depression is created by anxiety and hopelessness.
I am also like many others, suffering from GC related depression. After reading the posts, now I feel more comfortable that I am not alone:)
Two steps I wish to take: (1) Not to think about getting GC any more. Whether I am anxious or not, it will take its own time and let me develop the habit of patiently waiting (2) Have a back-up plan ready.
I am also like many others, suffering from GC related depression. After reading the posts, now I feel more comfortable that I am not alone:)
Two steps I wish to take: (1) Not to think about getting GC any more. Whether I am anxious or not, it will take its own time and let me develop the habit of patiently waiting (2) Have a back-up plan ready.
more...
desi3933
02-05 11:01 AM
Desi3933 - Thank you for sharing this link. Now I totally believe it.
As promised before, now after looking at DOL web site, I will shut up.
Kumar -
You are welcome. I am glad to be of help.
There was a case U.S. DEPARTMENT OF LABOR vs. Ken Technologies, Inc. That dealt with issues of benching and when employer is liable to start paying.
Personally, I don't want you to "shut up". Disagreement is part of healthy discussion. But I felt your post should have been little more polite than this post.
Where is it written???? 30 day rule?????? SHOW ME ...................................
STOP THIS NON-SENSE.......
As promised before, now after looking at DOL web site, I will shut up.
Kumar -
You are welcome. I am glad to be of help.
There was a case U.S. DEPARTMENT OF LABOR vs. Ken Technologies, Inc. That dealt with issues of benching and when employer is liable to start paying.
Personally, I don't want you to "shut up". Disagreement is part of healthy discussion. But I felt your post should have been little more polite than this post.
Where is it written???? 30 day rule?????? SHOW ME ...................................
STOP THIS NON-SENSE.......
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gc_peshwa
11-17 04:45 PM
Pappu
Running this thread to thousands of pages alone is not gonna help us. Do you guys have a conference call where I can join and take up some action items?
IF IV has to throw its might behind this bill we need to:
-Reach out to ALL lawmakers, target who are susceptible (Sen. Brown from MA for example)
-Use phone calls (Can we have a mass phone campaign)
-Radio shows (Do we have a Radio show in Washington DC where IV can get Air time. I am sure lawmakers do listen to Radio shows)
-Email (what this thread is about right now)
Running this thread to thousands of pages alone is not gonna help us. Do you guys have a conference call where I can join and take up some action items?
IF IV has to throw its might behind this bill we need to:
-Reach out to ALL lawmakers, target who are susceptible (Sen. Brown from MA for example)
-Use phone calls (Can we have a mass phone campaign)
-Radio shows (Do we have a Radio show in Washington DC where IV can get Air time. I am sure lawmakers do listen to Radio shows)
-Email (what this thread is about right now)
more...
franklin
07-07 09:59 PM
Macaca,
Franklin is a her not him. She is our Northern California group coordinator. I will convey your message but I am pretty sure she might already have gotten it by reading it here on the forum
Franklin here - don't worry Macaca I just like reminding people occasionally when things get out of order :)
I couldn't make it unfortunately (short notice and had, ironically, my FP appointment at the same time in a different city). But I'm glad that some people did.
I guess I'm the unofficial coordinator of Nor Cal I just get conference calls together every now and then :rolleyes:
Franklin is a her not him. She is our Northern California group coordinator. I will convey your message but I am pretty sure she might already have gotten it by reading it here on the forum
Franklin here - don't worry Macaca I just like reminding people occasionally when things get out of order :)
I couldn't make it unfortunately (short notice and had, ironically, my FP appointment at the same time in a different city). But I'm glad that some people did.
I guess I'm the unofficial coordinator of Nor Cal I just get conference calls together every now and then :rolleyes:
hot 02/08/2010 – Julia Roberts and
2ndJuly
08-13 11:30 AM
EAD USCIS Recieved Date: 03-July
EAD Status Cahnged to Card Production Ordered: 12-Aug
EB3
EAD Status Cahnged to Card Production Ordered: 12-Aug
EB3
more...
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cchaitu
10-04 05:33 PM
As this is my crucial time of my life, anyone from our IV members please help/Advice
Q1) I understand that, there is no need to inform USCIS about our changing jobs using AC21, In my case my company provided their own Lawyer. How can I change that lawyer to my personal lawyer (I signed G28 for current lawyer)
Q2) Is it advisable to move forward with out a lawyer, if I decide not to inform USCIS about my job change using AC21 OR is it always advisable to go with lawyer (share your experiences)
Q3) If I want to represent my case on my own after AC21 (Signed G28 with current lawyer), How should I do that, When should I inform USCIS about this (before the AC21 kicks in -how much in advance)
Q4) If the 140 is approved, 180 days from 485 is passed, does employer still have a right/chance to revoke/deny the I140??? (I heard a rumor that it is possible)
Q5) Is that possible, If I call USCIS that they will verify my I 140 information � Because my employer never provided me with approved I 140 copy � I have only receipt number
Please advice - Thanks in advance
Q1) I understand that, there is no need to inform USCIS about our changing jobs using AC21, In my case my company provided their own Lawyer. How can I change that lawyer to my personal lawyer (I signed G28 for current lawyer)
Q2) Is it advisable to move forward with out a lawyer, if I decide not to inform USCIS about my job change using AC21 OR is it always advisable to go with lawyer (share your experiences)
Q3) If I want to represent my case on my own after AC21 (Signed G28 with current lawyer), How should I do that, When should I inform USCIS about this (before the AC21 kicks in -how much in advance)
Q4) If the 140 is approved, 180 days from 485 is passed, does employer still have a right/chance to revoke/deny the I140??? (I heard a rumor that it is possible)
Q5) Is that possible, If I call USCIS that they will verify my I 140 information � Because my employer never provided me with approved I 140 copy � I have only receipt number
Please advice - Thanks in advance
tattoo 02/08/2010 – Julia Roberts
november
07-02 11:26 PM
I was plannig to go to Canada to take care of the landing formalities, but happened to visit this website, http://www.notcanada.com.
The details provided in the site is really scary. Though we keep Canadian PR as back up, after seeing this, I am wondering do I really need to go for landing.
Can someone validate the details provided in notcanada.com
The details provided in the site is really scary. Though we keep Canadian PR as back up, after seeing this, I am wondering do I really need to go for landing.
Can someone validate the details provided in notcanada.com
more...
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northstar
11-17 07:02 PM
Done and sent to colleagues
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zoooom
07-19 07:23 PM
I pledge $100.00
Wait for someone to tell me how to send.
Pls wait. We will decide the mode of payment once we get the final count. Thanks
Wait for someone to tell me how to send.
Pls wait. We will decide the mode of payment once we get the final count. Thanks
more...
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hello
02-03 02:13 PM
Contributed $100.
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reddysn
05-27 01:39 PM
I sent mail to all 12 senators mentioned
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gcfordesi
09-09 05:57 PM
Visa Bulletin October 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4575.html)
vaishnavilakshmi
07-05 01:34 AM
Hi,
Ours is Substituted labor(eb3) and Priority date is Feb2002.
Our lawyer sent our papers on 29th june2007.Don't know the status of mail,since my lawyer is not responding to our mail.
vaishu
Ours is Substituted labor(eb3) and Priority date is Feb2002.
Our lawyer sent our papers on 29th june2007.Don't know the status of mail,since my lawyer is not responding to our mail.
vaishu
viper1400
02-11 11:30 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.
Sent $54 to cover some paypal expenses
You have sent $54.00 USD to donations@immigrationvoice.org.
Contribution so for $204
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.
Sent $54 to cover some paypal expenses
You have sent $54.00 USD to donations@immigrationvoice.org.
Contribution so for $204
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