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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GCStatus
09-16 06:07 PM
Nothing really matters as of now, what does matter is this
http://immigrationvoice.org/forum/showthread.php?t=21393
So Please Call
Tell us to call, DONT TELL its doesnt matter
http://immigrationvoice.org/forum/showthread.php?t=21393
So Please Call
Tell us to call, DONT TELL its doesnt matter
desi3933
07-09 11:50 AM
The text you quoted below only states that the AOS petition can only be approved if a visa number is available, no where does it say that AOS petition cannot be accepted if visa number is not available. we are not asking for AOS petition to be approved we are only asking that AOS petition be filed and accepted by USCIS.
Read again -
(3) an immigrant visa is immediately available to him at the time his application is filed
it means that
At the time of application (i.e. when I-485 is filed), an immigrant visa is immediately available to him
Also read my other post
http://immigrationvoice.org/forum/showpost.php?p=103927&postcount=103
______________________
Not a legal advice.
Read again -
(3) an immigrant visa is immediately available to him at the time his application is filed
it means that
At the time of application (i.e. when I-485 is filed), an immigrant visa is immediately available to him
Also read my other post
http://immigrationvoice.org/forum/showpost.php?p=103927&postcount=103
______________________
Not a legal advice.
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abq_gc
08-19 12:11 PM
USCIS has invented a very nice random number generator. They use it for every purpose
1. To declare visa bulletin (canbe any day of the month)
2. To decalare processing times (can be again any day of the month)
3. Processing times themselves (can be anything)
4. Processing order (can be anything)
5. Answers from customer service (one can say "Your case will be processed in 60 days", other will way "we do not know anything more then website")
6. Answers from Service Requests
7. Answers from Infopass appointments
8. Unpredictability in transfers (eg. mine was transferred from NSC->TSC->CSC ..nice roaming)
9. ..the list goes on and on (feel free to add please, I think there is no limit).
Sorry, my mistake, there is one thing predictable in USCIS . The predicatble thing is unpredictability
random generator wont work here.. as they are playing with millions of lives here.... everything has to be done by the book..
1. To declare visa bulletin (canbe any day of the month)
2. To decalare processing times (can be again any day of the month)
3. Processing times themselves (can be anything)
4. Processing order (can be anything)
5. Answers from customer service (one can say "Your case will be processed in 60 days", other will way "we do not know anything more then website")
6. Answers from Service Requests
7. Answers from Infopass appointments
8. Unpredictability in transfers (eg. mine was transferred from NSC->TSC->CSC ..nice roaming)
9. ..the list goes on and on (feel free to add please, I think there is no limit).
Sorry, my mistake, there is one thing predictable in USCIS . The predicatble thing is unpredictability
random generator wont work here.. as they are playing with millions of lives here.... everything has to be done by the book..
more...
gccovet
02-09 02:14 PM
25$
Transaction Id: 49C78926VG6647649
Contributed via paypal
Thank you all,
Keep up the good work.
Thank you Kate123 for your kind contribution!!
GCCovet
Transaction Id: 49C78926VG6647649
Contributed via paypal
Thank you all,
Keep up the good work.
Thank you Kate123 for your kind contribution!!
GCCovet
wizpal
07-08 03:01 AM
Order # FNKXXXXXXX
Deliver on: Tuesday
Jul. 10, 2007
Delivery by: FedEx�, DHL� or UPS�
Deliver to: Emilio Gonzalez
Business
20 Massachusetts Avenue, NW
Washington DC, DC 20529
US
202-307-1565
Occasion: Other
Gift Message and Signature: "Kindly do not return our I-485 petitions in July and honor the original DOS visa bulletin"
Deliver on: Tuesday
Jul. 10, 2007
Delivery by: FedEx�, DHL� or UPS�
Deliver to: Emilio Gonzalez
Business
20 Massachusetts Avenue, NW
Washington DC, DC 20529
US
202-307-1565
Occasion: Other
Gift Message and Signature: "Kindly do not return our I-485 petitions in July and honor the original DOS visa bulletin"
more...
somegchuh
05-05 05:39 PM
I think H1Bmajdoor isn't taking a depressing tone. It's more of a realization tone.
I believe that immigrationvoice core is a great, dedicated and determined group of ppl that's fighting retrogression. If they are successful they will positively touch a LOT of ppl.
Here's a little history of GC process I know...
back in the late 90's, labor processing (state+fed) varied for different regions of the country but there was retrogression(not sure how bad) so it used to take 3 years in CA and maybe 4 in some other states for the whole process. And some people who couldn't complete the process in 6 years ended up going back or went to canada. I personally know a couple of families who couldn't get it in 6 years of H1n.
Then in 2000-2001 suddenly labor started getting approved (State+fed) in a couple of months and dates also became current. Now this happened because businesses had been pushing the govt really hard stating that they are unable to get labor. These laws became effective after the market had crashed. So some people who were in safe jobs were able to take advantage but most ppl were hardly surviving. Around 2002 labor process started getting slower and slower and they established BEC's. So, labor started taking 3-5 years.
Then in 2005 they devised PERM. Now, that PERM was taking only a few months so they introduced serious retrogression. In this process some ppl who had been waiting for 4-5 years for labor to clear from BEC got slammed badly. They will be stuck for another year or two. Now that's really sad .... But if you applied in PERM in the last couple of years and will be stuck in retrogression ... well its bad but not the worst thing in life.
I don't mean to belittle anyone's wait, anxiety, pain of GC process but the process has always been painful. Only some ppl manage to get out of it unscathed.
I believe that immigrationvoice core is a great, dedicated and determined group of ppl that's fighting retrogression. If they are successful they will positively touch a LOT of ppl.
Here's a little history of GC process I know...
back in the late 90's, labor processing (state+fed) varied for different regions of the country but there was retrogression(not sure how bad) so it used to take 3 years in CA and maybe 4 in some other states for the whole process. And some people who couldn't complete the process in 6 years ended up going back or went to canada. I personally know a couple of families who couldn't get it in 6 years of H1n.
Then in 2000-2001 suddenly labor started getting approved (State+fed) in a couple of months and dates also became current. Now this happened because businesses had been pushing the govt really hard stating that they are unable to get labor. These laws became effective after the market had crashed. So some people who were in safe jobs were able to take advantage but most ppl were hardly surviving. Around 2002 labor process started getting slower and slower and they established BEC's. So, labor started taking 3-5 years.
Then in 2005 they devised PERM. Now, that PERM was taking only a few months so they introduced serious retrogression. In this process some ppl who had been waiting for 4-5 years for labor to clear from BEC got slammed badly. They will be stuck for another year or two. Now that's really sad .... But if you applied in PERM in the last couple of years and will be stuck in retrogression ... well its bad but not the worst thing in life.
I don't mean to belittle anyone's wait, anxiety, pain of GC process but the process has always been painful. Only some ppl manage to get out of it unscathed.
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rbanerjee
06-22 11:49 AM
Regarding feedback from the public on skilled legal immigration, read the article below. Then go to "Discuss" and see what Americans are saying about us. They are making a tough point that in these inevitable times of offshoring, we are coming here to take away jobs that are left.
http://news.yahoo.com/s/ap/20060622/ap_on_go_co/immigration_getting_on_line_7;_ylt=Amc.zZb07X6A849 i9qW0XfBQuk0A;_ylu=X3oDMTBiMW04NW9mBHNlYwMlJVRPUCU l
This myth has never been successfully countered in the media or any other PR or lobbying channel by the legal immigration crowd.
The standard line amounts to this:
We are highly skilled we are legal and we are stuck and dont deserve this.
This is not good PR. Nobody cares about this.. it will get us nowhere..
We need to have a standard message apart from all other humint crap..
1) legals cannot undercut US jobseekers because of strict labor laws. Employers are paying a premium in wages as well as legal fees to retain their legal alien workforce. IT would be foolhardy of them to go through the hassle if local talent was easily available.
2) legals are in most cases paying taxes for which they may never realize the benifits like social security.
We need to let it be known in a firm polite manner that
1) we are giving more than we are getting and are not free loaders
2) we are not harming or displacing anyone.
I dont think this can be perceived as tryng to distance ourselves from undocumented workers. There are rare moments when the media does focus on legal immigrants as a group lets make the most of it.
http://news.yahoo.com/s/ap/20060622/ap_on_go_co/immigration_getting_on_line_7;_ylt=Amc.zZb07X6A849 i9qW0XfBQuk0A;_ylu=X3oDMTBiMW04NW9mBHNlYwMlJVRPUCU l
This myth has never been successfully countered in the media or any other PR or lobbying channel by the legal immigration crowd.
The standard line amounts to this:
We are highly skilled we are legal and we are stuck and dont deserve this.
This is not good PR. Nobody cares about this.. it will get us nowhere..
We need to have a standard message apart from all other humint crap..
1) legals cannot undercut US jobseekers because of strict labor laws. Employers are paying a premium in wages as well as legal fees to retain their legal alien workforce. IT would be foolhardy of them to go through the hassle if local talent was easily available.
2) legals are in most cases paying taxes for which they may never realize the benifits like social security.
We need to let it be known in a firm polite manner that
1) we are giving more than we are getting and are not free loaders
2) we are not harming or displacing anyone.
I dont think this can be perceived as tryng to distance ourselves from undocumented workers. There are rare moments when the media does focus on legal immigrants as a group lets make the most of it.
more...
Karthik Thambidurai
07-13 06:24 AM
Just woke up to NPR morning news ... nice coverage on the July bulletin.
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sai948
04-05 11:30 PM
I opened a SR for non receipt of my FP notice, on 30Oct2007. I got a reply from USCIS exactly after 45 days ( very prompt) notifying me that " my FP has not yet expired or my FP is not yet cleared". Certainly this looks like a canned reply from USCIS which was sent even without looking at my file. I guess they should be more transparent in their process than just sending plain lies.
I also got the same message. NO FP after 2 SR & 1 info pass (case transferred from NSC to TSC).
I also got the same message. NO FP after 2 SR & 1 info pass (case transferred from NSC to TSC).
more...
VK373
06-11 04:55 PM
I know one of us got it. Any one else ?
Yes, All of my checks got cashed today and i got all the reciepts in mail. RD is 06/01 and ND is 06/06 from Nebraska.
Yes, All of my checks got cashed today and i got all the reciepts in mail. RD is 06/01 and ND is 06/06 from Nebraska.
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a2006
05-02 01:20 PM
non retrogressed countries: The delay will be none (normally) / fewmonths (worst case ) as both their eb and fb volumes are minimal.
Let us not forget we are talking about FB2A cat, with large quota of 114,200. plus it gets unused FB1.
Plus it is fair to interpret the law as it is.
I think the FB2A category has a cutoff date of 08OCT04 according to the current bulletin.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4454.html
Let us not forget we are talking about FB2A cat, with large quota of 114,200. plus it gets unused FB1.
Plus it is fair to interpret the law as it is.
I think the FB2A category has a cutoff date of 08OCT04 according to the current bulletin.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4454.html
more...
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go_gc_way
06-23 12:21 PM
I would say that Social Sec Taxes and Medicare are unfair taxes. Some H-1Bs (read people from India and China) are not treated the same way as citizens, Green Card holders, and othe H-1Bs (read from Western Europe). Since they wont give us GC's.., we have to eventually go home. This implies, no Medicare or Social Sec benefits. Going by a conservative estimate.. there are about 500,000 GC applications in the blackhole for an average of 3 yrs. Each pays on an average $4,200 SC and Medicare taxes. So the state owes us $6.3 Billion... We sincerely request that we be treated fairly and our money be given back to us.. OR.. easy for them, give us GC
$ 6.3b !!!!! How and where did one get that figure, I am not sure. But I certainly feel SSN money may be considered to given back to H1's who have stayed here for significant number of Years and acchiveing nothing -- GC.
I feel that is fair request. I hope this becomes a formal request to appropriate Office to consider. What do you guys think on the Forum.
$ 6.3b !!!!! How and where did one get that figure, I am not sure. But I certainly feel SSN money may be considered to given back to H1's who have stayed here for significant number of Years and acchiveing nothing -- GC.
I feel that is fair request. I hope this becomes a formal request to appropriate Office to consider. What do you guys think on the Forum.
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peacocklover
09-09 02:48 PM
Important thing that needs to be changed from USCIS side is for EB GC applicants who get their 140 approval and waiting to file 485 from certain time period like two yrs or more USCIS should allow them to file for 485 irrespective of the current rule 'PD has to be current to file for AOS'.
Otherwise it's a clear loop whole in the EB process..People can't wait that much long to file for AOS for changing business trends or in this economic downturn (which force them to change of job).. USCIS does not loose anything in that case and can make more money if the applicant resumes the process with different employer. Biggest mistake was made by USCIS in July 07 by allowing everybody to file for 485 with out caring people who were sincerely waiting in the line and who were waiting for PERM approvals in full time positions unlike most of Desi consulting based GC applicants ( who used substituted labor by paying 1000s of dollars to their body shopping based companies who misuses the system always) . DOL and USCIS should examine and punish each applicant of substituted labor (who got their GC in 2 to 3 yrs time period through desi body shopping companies).
Sufferers of the existing system are EB2-I,EB2-C, EB3-C and EB3-I GC folks (Indian and chinese applicants). Existing system neglects EB3 folks.. it's gonna take 10yrs for them to wait and apply for 485 as per Today's date. :mad::mad::mad:
You are wrong. There have been lot of changes. Two year EAD for one. And how about EB2 category moving to mid 2006 so most of the EB2 people before that have got GC or will surely get it next year. The only thing that hasn;'t changed is EB3 India. It was stuck in 2001 at that time and still is in 2001. It will crawl to 2002 in the coming year but that's that.
Otherwise it's a clear loop whole in the EB process..People can't wait that much long to file for AOS for changing business trends or in this economic downturn (which force them to change of job).. USCIS does not loose anything in that case and can make more money if the applicant resumes the process with different employer. Biggest mistake was made by USCIS in July 07 by allowing everybody to file for 485 with out caring people who were sincerely waiting in the line and who were waiting for PERM approvals in full time positions unlike most of Desi consulting based GC applicants ( who used substituted labor by paying 1000s of dollars to their body shopping based companies who misuses the system always) . DOL and USCIS should examine and punish each applicant of substituted labor (who got their GC in 2 to 3 yrs time period through desi body shopping companies).
Sufferers of the existing system are EB2-I,EB2-C, EB3-C and EB3-I GC folks (Indian and chinese applicants). Existing system neglects EB3 folks.. it's gonna take 10yrs for them to wait and apply for 485 as per Today's date. :mad::mad::mad:
You are wrong. There have been lot of changes. Two year EAD for one. And how about EB2 category moving to mid 2006 so most of the EB2 people before that have got GC or will surely get it next year. The only thing that hasn;'t changed is EB3 India. It was stuck in 2001 at that time and still is in 2001. It will crawl to 2002 in the coming year but that's that.
more...
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asethura
08-23 12:53 PM
Hi Greatdesi,
My status never went to CPO but directly went to PDA...but I received the physical GC in a few days after the Welcome notice (hard copy) and the PDA status change.
Hope this helps.
My status never went to CPO but directly went to PDA...but I received the physical GC in a few days after the Welcome notice (hard copy) and the PDA status change.
Hope this helps.
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unitednations
03-07 01:52 PM
Your Comment on H2B is only right about H2B and doesn't apply on EB green cards. We are people who came on H1B & our Green Cards were sponsored by US employers, we have our Labor & I-140 approved and we are waiting for Visa number assigned to our applications. So you could be comparing apples to peaches...Immigration policies had been hostile in past 12 years and will continue to be same indefinitely...Now our choice is sit back, lie low, keep watching & read Visa predictions indefinitely- may be another decade or 2- or take some steps, which I think, are not going to face much opposition. Also regarding reason behind so many Indians is, that 200K H1B between 1999 and 2002. Even if visa cap is lifted for 2 years that big hump will be crossed, it may smoothen the Visa allocations for Indians.
Some people are floating in Utopia.
Most of us are here on on the ground.
Keep watching the forums and see how many denials have been posted and we are just at the beginning stages... There are many more denials; revocations; dol audits, arrests coming.
While all this is going on; you can continue to push the envelope and try to increase EB greencards, get rid of country quota and loosen up everything.
Some people are floating in Utopia.
Most of us are here on on the ground.
Keep watching the forums and see how many denials have been posted and we are just at the beginning stages... There are many more denials; revocations; dol audits, arrests coming.
While all this is going on; you can continue to push the envelope and try to increase EB greencards, get rid of country quota and loosen up everything.
more...
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lc1978
07-20 11:41 AM
Pledging $100.
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deepak
08-31 02:32 PM
USCIS should seperate North Indians and South Indians - We are soooo very different anyways ..... Different language - different look - different food ..... That way all of us North Indians will get our GC sooner :D
Awesome!! Do you mind if fair South Indians join in with you? USCIS should also make a definite decision on where the boundary between north and south India are drawn. That way Maharashtrians who are thought to be North Indians by people from Kerala and thought to be south Indians by people from Punjab, will finally know if they will get their GC in time. Hey, since USCIS is going to use stereotypes anyway, how about we base the EB category, based on our stereotypical knowledge of relative intelligence between the "races"?
As the person before me said, get well soon, and thanks for the entertainment :)
Awesome!! Do you mind if fair South Indians join in with you? USCIS should also make a definite decision on where the boundary between north and south India are drawn. That way Maharashtrians who are thought to be North Indians by people from Kerala and thought to be south Indians by people from Punjab, will finally know if they will get their GC in time. Hey, since USCIS is going to use stereotypes anyway, how about we base the EB category, based on our stereotypical knowledge of relative intelligence between the "races"?
As the person before me said, get well soon, and thanks for the entertainment :)
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lasvegas
02-05 10:45 AM
In my case, i do not have a valid H-1B visa stamp. I recently visited India and used Advance Parole. Questions related to this
1) do i need to surrender my PAROLE I-94 before departing USA?
2) does canada immigration officer ask me why i have applied for canada gc while my USA gc is in process?:confused:
Thanks.
1) do i need to surrender my PAROLE I-94 before departing USA?
2) does canada immigration officer ask me why i have applied for canada gc while my USA gc is in process?:confused:
Thanks.
CADude
08-01 05:21 PM
I agree!!!
But the whole process of sending to NSC and then transferring it to TSC is ridiculous..just waste of resources and time. Althought, they have realized the mistake and now allowing for direct filing.
But the whole process of sending to NSC and then transferring it to TSC is ridiculous..just waste of resources and time. Althought, they have realized the mistake and now allowing for direct filing.
gccovet
08-05 11:35 AM
My priorty date is 17th Jan 2003 Eb3(2)-India.
485 filed on 31st july 2007.
I also got a lud on my I-140 on 27th of july 2008. It is an approved I-140.
Has anyone else gotten a lud on their I-140 also ?
Thanks.
Mahujam,
I got soft LUD on my I140 (approved in 2006)as well around same date as your. No way I would get GC as I am EB3-I 5/04. I posted this question several places, but have not recd. any answers for anyone.
GCCovet
485 filed on 31st july 2007.
I also got a lud on my I-140 on 27th of july 2008. It is an approved I-140.
Has anyone else gotten a lud on their I-140 also ?
Thanks.
Mahujam,
I got soft LUD on my I140 (approved in 2006)as well around same date as your. No way I would get GC as I am EB3-I 5/04. I posted this question several places, but have not recd. any answers for anyone.
GCCovet
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