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!
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tonyHK12
02-18 02:52 PM
Wondering if IV sent out a newsletter yet. That would actually bring in more people.
Not that I know of. I haven't seen any media on that, have to check with StarSun.
email IDs are only accesible to admins.
thanks sandy_anand
Not that I know of. I haven't seen any media on that, have to check with StarSun.
email IDs are only accesible to admins.
thanks sandy_anand
GreeNever
05-03 10:48 AM
I don't mean this to be subjective. Earlier, I hv also seen a few others raise this question on the Advanced Degrees and exemptions.
Master's Degree in the US from an accredited Instituiton plus five years of related Work experience but the employer may have chosen to file under EB3. In my case, my employer does not acknowledge the Advanced Degree indicating that the position for which the labor was granted for did not warrant a Master's Degree.
What are my options for availing the SKIL or STEM/PACE provisions? I seem to meet all clauses to be deemed portable. Can I port to a different employer who may be able to further the process through these provisions, as and when they come into effect and continue being on EB3, but being exempt from the limit? Does this shake the grounds of the labor approval (for EB3 and the position not mandating an Advanced Degree)? Am I stuck? I have even considered changing my category to EB2 and being able to avail the priority date...
Master's Degree in the US from an accredited Instituiton plus five years of related Work experience but the employer may have chosen to file under EB3. In my case, my employer does not acknowledge the Advanced Degree indicating that the position for which the labor was granted for did not warrant a Master's Degree.
What are my options for availing the SKIL or STEM/PACE provisions? I seem to meet all clauses to be deemed portable. Can I port to a different employer who may be able to further the process through these provisions, as and when they come into effect and continue being on EB3, but being exempt from the limit? Does this shake the grounds of the labor approval (for EB3 and the position not mandating an Advanced Degree)? Am I stuck? I have even considered changing my category to EB2 and being able to avail the priority date...
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nashorn
12-15 10:31 PM
Don't raise hope to much. Get a back up plan which you can be happy with. If you really like to be in the US and dislike going back, consider the asylum option, which could be very fast.
more...
Prashant
05-23 10:47 AM
Sent emails to my state senators and 9 Important Senators .. One of them belongs to my state I will call him up aswell.
buddyinsd
08-26 10:16 PM
Congrats...Did u see any LUD on 21st Aug?
I think I'm one of last person with the PD of 2005 to get approved.
Service Center NSC.
Had two infopass appointments
Raised SR on 8/5/2010
Many calls to USCIS national customer service
Spoke once to second level IO
Also contacted local congress man and tow senators
My lawyer also contacted NSC regarding my case
Not sure what worked but finally got it. Thank god that this eternal wait is over.
Good luck to those who are all waiting.
I think I'm one of last person with the PD of 2005 to get approved.
Service Center NSC.
Had two infopass appointments
Raised SR on 8/5/2010
Many calls to USCIS national customer service
Spoke once to second level IO
Also contacted local congress man and tow senators
My lawyer also contacted NSC regarding my case
Not sure what worked but finally got it. Thank god that this eternal wait is over.
Good luck to those who are all waiting.
more...
guru76
11-18 05:15 PM
Sent
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unitednations
03-08 04:18 PM
I came on extension. I think they are more critical about the companies with whom you are working for. All my friends with extended their visa with no problems. I it is very hard to conclude on this. But scares every one if we keep saying they can not extend their visa.
Be prepared with good documentation and you should be fine.
I don't work with L-1 companies.
I know of this because many of them have h-1b's and want to know how to switch.
Be prepared with good documentation and you should be fine.
I don't work with L-1 companies.
I know of this because many of them have h-1b's and want to know how to switch.
more...
Cheran
11-21 06:10 AM
I am sitting here in front of my laptop for 10 minutes, still I don't know what to say.
I am really sorry to hear your condition. I am not sure of any clause for a situation like this or may be there is.
I am neither a God to show you a way nor your friend to be next to you and help you hold your spirit high. All I got is a heart to show and give you an unconditional love and support.
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
I am really sorry to hear your condition. I am not sure of any clause for a situation like this or may be there is.
I am neither a God to show you a way nor your friend to be next to you and help you hold your spirit high. All I got is a heart to show and give you an unconditional love and support.
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
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gc_on_demand
02-17 05:38 PM
Folks
Please contribute for your self.
Please contribute for your self.
more...
mmanurker
02-15 02:27 PM
Donated $100...
Your receipt number for this payment is: 4620-5387-3448-6682
Your receipt number for this payment is: 4620-5387-3448-6682
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csreddy329
11-17 03:53 PM
Done
more...
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va_labor2002
06-22 03:22 PM
Mr. Vayalar Ravi , Minister of Overseas Indian Affairs,is coming to USA on June 27,2006. He is coming to Washington DC on July 4 to meet Indian Ambassador and Indian community. We should try to meet him personally and explain the problems we are facing. He can talk to US counterparts and do something for us.
Let us organize an event to meet him on July 4. Since It is a holiday, lot of people can meet him and chat with him.
Let us organize an event to meet him on July 4. Since It is a holiday, lot of people can meet him and chat with him.
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abq_gc
08-18 03:00 PM
you manage people with a stick ?? :)
All we are asking is to support some kind of action against the USCIS...
we just need to mobilize ourselves... this is not a fight for EB-2 or EB-3... but for the whole legal immigration system... let's just do something
we are looking at specific situations where the legal immigrant community was affected... and right now its the non sequential processing of the applications for EB-2...
for EB-3 we will need to make similar points which we can raise with Ombudsman or some other authority... we just need to find instances where people were affected... for example delays in EAD.. and that is for EB-2 and EB-3
All we are asking is to support some kind of action against the USCIS...
we just need to mobilize ourselves... this is not a fight for EB-2 or EB-3... but for the whole legal immigration system... let's just do something
we are looking at specific situations where the legal immigrant community was affected... and right now its the non sequential processing of the applications for EB-2...
for EB-3 we will need to make similar points which we can raise with Ombudsman or some other authority... we just need to find instances where people were affected... for example delays in EAD.. and that is for EB-2 and EB-3
more...
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breddy2000
06-27 11:23 AM
guys new to this forum. Was in another forum. But here is the real deal.
Its not a question of blood sucking etc...i know, i was very involved in my company. The real reason for delaying the I-485 process is the company has to really disclose a lot ( i mean a lot) of its financial information about itself to USCIS,( including the latest tax returns) etc..
A lot of small business do not want to do that as they differ their taxes for years. Tax differment is not new ( read about News Corp). These companies do not want to get into these situations.
thats it my 2 cents...from the inside
I guess the employer financial records are applicable only during I-140 stages, "Ability to Pay". But for 485 I do not think it is required for employer to prove that they are financially stable
Its not a question of blood sucking etc...i know, i was very involved in my company. The real reason for delaying the I-485 process is the company has to really disclose a lot ( i mean a lot) of its financial information about itself to USCIS,( including the latest tax returns) etc..
A lot of small business do not want to do that as they differ their taxes for years. Tax differment is not new ( read about News Corp). These companies do not want to get into these situations.
thats it my 2 cents...from the inside
I guess the employer financial records are applicable only during I-140 stages, "Ability to Pay". But for 485 I do not think it is required for employer to prove that they are financially stable
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eb3_nepa
08-18 03:02 PM
Wasn't that appropriate here? Aren't they use this word in day to day life?
Yes they may be by some people. But the rules of this forum state quite clearly, that cussing is NOT welcome. This website is often frequented by members of the Senate/Congress (not the actual lawmakers themselves ofcourse, but their support staff). Do we really want them to see "highly skilled professionals" cussing left and right on them? No.
Just because the IV moderators cannot moderate this forum 24/7 does not mean that we take advantage and post garbage on here
Yes they may be by some people. But the rules of this forum state quite clearly, that cussing is NOT welcome. This website is often frequented by members of the Senate/Congress (not the actual lawmakers themselves ofcourse, but their support staff). Do we really want them to see "highly skilled professionals" cussing left and right on them? No.
Just because the IV moderators cannot moderate this forum 24/7 does not mean that we take advantage and post garbage on here
more...
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rockstart
08-20 08:59 AM
My final update on I485 journey
PD: Feb 27, 2006
Class: Eb2 India
Service Center Texas
Filed Aug 10th 2007
RFE Aug 16th 2008 for Birth Certificate
CPO email Aug 4th 2010
Decision email Aug 5th 2010
Approval I 797 letter in snail mail Aug 9th 2010
Post Decision Activity email Aug 11th 2010
Soft LUD on I 485 Aug 12th 2010
Welcome Letter in snail mail Aug 16th 2010
Physical Green Card Aug 18th 2010
PS: I did NOT open any SR or contact seneator or ask lawyer to get in touch with USCIS. Just waited patiently. Did my Finger Printing in October 2007. No FP after that did paper filing for EAD & AP so no FP for those as well. My advise is to hang in there. Not to open too many SR's but thats entirely upto your discretion. Some people swear it helped them for my case I did not use that option.
Hope this date line helps those who are waiting for their cards. Good luck to every one on forum. I will still be supporting IV and contributing to Wiki as always.
PD: Feb 27, 2006
Class: Eb2 India
Service Center Texas
Filed Aug 10th 2007
RFE Aug 16th 2008 for Birth Certificate
CPO email Aug 4th 2010
Decision email Aug 5th 2010
Approval I 797 letter in snail mail Aug 9th 2010
Post Decision Activity email Aug 11th 2010
Soft LUD on I 485 Aug 12th 2010
Welcome Letter in snail mail Aug 16th 2010
Physical Green Card Aug 18th 2010
PS: I did NOT open any SR or contact seneator or ask lawyer to get in touch with USCIS. Just waited patiently. Did my Finger Printing in October 2007. No FP after that did paper filing for EAD & AP so no FP for those as well. My advise is to hang in there. Not to open too many SR's but thats entirely upto your discretion. Some people swear it helped them for my case I did not use that option.
Hope this date line helps those who are waiting for their cards. Good luck to every one on forum. I will still be supporting IV and contributing to Wiki as always.
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delax
07-27 08:01 PM
Earlier it was like this:
EB2 ROW --> EB3 ROW
If any left over after that then remaining numbers were equally divided between EB2-I/C and EB3-I/C so both EB2-I and EB3-I were getting equal share of spillover. Thats the way it should be.
If that were to be the case then EBROW should never have been retrogressed. E3ROW has been retrogressed for the last 20 months now.
EB2 ROW --> EB3 ROW
If any left over after that then remaining numbers were equally divided between EB2-I/C and EB3-I/C so both EB2-I and EB3-I were getting equal share of spillover. Thats the way it should be.
If that were to be the case then EBROW should never have been retrogressed. E3ROW has been retrogressed for the last 20 months now.
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ash0210
03-09 12:08 PM
Here is my story...When I came here 12 years back, for initial 3 years I did not applied for GC. Then I started my GC with a employer, company lawyer kept on saying that he filed my GC for one & half year but he did not...One fine morning, I realized that my lawyer was seating on my papers as per instructions from HR..lost around 2 years there. After talking to HR, lawyer filed LC and LC was approved thereafter two & half years..Unfortunatley, at the time of filing I-140, company declared "Bankruptcy" and once agian I was on the road. Joined new employer. New employer said I have to complete one year to file GC. After one year filed LC, my I-140 approved and last FOUR years on EAD. This roller coster is because of...I am from "Retrogressed" conuthry and PD is getting retrogressing now & then...
Still feels that GC is just a part of journey of my life...
Ash0210, how come you have been here for 12 years without GC?? Can you tell me?
Still feels that GC is just a part of journey of my life...
Ash0210, how come you have been here for 12 years without GC?? Can you tell me?
hsingh82
05-12 06:48 PM
:D it depends on whom you want to send to ?
When you send flowers EB2 gets retrogressed No will care if ever we have to send flowers as a united group... Are you going to address that as Eb2 Retrogressed campaign ?
Support IV dudes... :)
Even if you send flowers to USCIS, do mention that it is a protest. If nothing is mentioned they may think that citizens are happy with June Visa bulletin's development and forward those flowers to Ghasleit and dustbin to kick our ass :D
When you send flowers EB2 gets retrogressed No will care if ever we have to send flowers as a united group... Are you going to address that as Eb2 Retrogressed campaign ?
Support IV dudes... :)
Even if you send flowers to USCIS, do mention that it is a protest. If nothing is mentioned they may think that citizens are happy with June Visa bulletin's development and forward those flowers to Ghasleit and dustbin to kick our ass :D
a2006
05-02 01:57 PM
The derivative files using primary's PD. read all posts in this thread, the I485 form and INA. it is clearly in the law.
This thread is discussing about quota. not PD.
In essence none will be affected ( ofcourse EBdependents and existing FB2A may get delayed slightly , that is ok)
Ok, I am still trying to figure out what you said about non retrogressed countries/EB1. A person in EB1 files for labor and gets approved in a year. Suppose he has a priority date of 08, his dependents will have to wait for at least 4 years according to the current bulletin for Family 2A. Am I missing something here?
This thread is discussing about quota. not PD.
In essence none will be affected ( ofcourse EBdependents and existing FB2A may get delayed slightly , that is ok)
Ok, I am still trying to figure out what you said about non retrogressed countries/EB1. A person in EB1 files for labor and gets approved in a year. Suppose he has a priority date of 08, his dependents will have to wait for at least 4 years according to the current bulletin for Family 2A. Am I missing something here?
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