meridiani.planum
11-30 07:19 PM
I am really sorry to hear your situation...
I am not sure whether you have US born kid or not.. but I have read somewhere that if mother has US born kid, she can stay here in US on Kids account. You might want to check this...
Post a link...
I am not sure whether you have US born kid or not.. but I have read somewhere that if mother has US born kid, she can stay here in US on Kids account. You might want to check this...
Post a link...
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maximus777
09-09 10:04 PM
Are you saying illegals are smart? Or smart poeple are here illegally?
Think its more along the lines of its smart to be illegal under current circumstances :cool:
Think its more along the lines of its smart to be illegal under current circumstances :cool:
sobers
05-02 10:42 AM
The Brownback and Bingaman amendments need to be incorporated into this bill.
===
Compete America Praises Introduction of Cornyn Legislation to Reform H-1B and Green Card Systems
'SKIL Bill' Would Relieve Crisis Facing U.S. Employers of Highly Educated Foreign Nationals
Washington D.C. - Compete America today praised the introduction of the "SKIL Bill" by Senator John Cornyn (R-TX) to reform both the H-1B visa and employment based (EB visa) green card processes. The legislation is cosponsored by Senators Allard (R-CO), Allen (R-VA), Bennett (R-UT), Enzi (R-WY), and Lott (R-MS).
The SKIL Bill is the latest indicator that both the United States Senate and the Bush Administration are prepared to fix the visa system for highly educated foreign nationals. In addition to the SKIL Bill, Compete America has endorsed measures contained the Senate's comprehensive immigration legislation addressing H-1B and EB visa issues; and has also endorsed President Bush's call to ensure access to talent as part of the Administration's American Competitiveness Initiative.
"Senator Cornyn clearly understands the contribution highly-educated foreign nationals make to the U.S. economy and to Texas," said Texas Instruments CEO and President Richard K. Templeton. "The Senator's bill reaffirms America's proud tradition of welcoming top talent to this country. The reality is that most scientists and engineers with advanced degrees from U.S. universities are foreign born. The competition for talent is truly global. If the U.S. wants to win, we absolutely must encourage these advanced degree holders to stay here and get their green cards - not send them home to compete against us. The 'SKIL' bill really advances that goal."
Both the H-1B and EB visa/green card programs have been responsible for bringing much needed foreign talent to live and work in the United States, and most importantly, to make significant contributions to the U.S. economy and global competitiveness. However, H-1B shortages have been well documented, and backlogs in the green card system are getting worse, forcing thousands of valued foreign-born professionals - including researchers, scientists, teachers and engineers - into legal and professional limbo for seven years or more.
Among the provisions of the SKIL Bill (Securing Knowledge Innovation and Leadership) endorsed by Compete America are the following:
Exemptions for U.S. educated foreign workers with advanced degrees in math, science, technology and engineering fields from the H-1B and EB quotas so their talent can be retained in the United States.
Creation of a flexible, market-based H-1B cap so that U.S. employers are not locked out of hiring critical talent.
Extension of foreign students' post curricular optional practical training from 12 months to 24 months to allow them to go more easily from student to green card.
Exemptions for EB/green card immigrant spouses and children from the annual cap, thus making more visas available for the professionals we need.
The SKIL Bill contains many of the provisions for reform of the H-1B visa and EB/green card systems that are present in the two versions of comprehensive immigration reform introduced by Senate Majority Leader Bill Frist (R-TN) and Senate Judiciary Committee Chairman Arlen Specter (R-PA).
"The Senate is ready to address the problem facing U.S. employers of highly educated foreign nationals," said Sandra Boyd, National Association of Manufacturers Human Resources Policy Vice President and Compete America Chair. "It is incomprehensible that Congress would address broad immigration reform without fixing the system that brings legal, highly educated workers to the U.S. We are grateful to Senator Cornyn and the other cosponsors of the SKIL bill as well as those who have supported the inclusion of similar provisions in comprehensive immigration reform."
===
Compete America Praises Introduction of Cornyn Legislation to Reform H-1B and Green Card Systems
'SKIL Bill' Would Relieve Crisis Facing U.S. Employers of Highly Educated Foreign Nationals
Washington D.C. - Compete America today praised the introduction of the "SKIL Bill" by Senator John Cornyn (R-TX) to reform both the H-1B visa and employment based (EB visa) green card processes. The legislation is cosponsored by Senators Allard (R-CO), Allen (R-VA), Bennett (R-UT), Enzi (R-WY), and Lott (R-MS).
The SKIL Bill is the latest indicator that both the United States Senate and the Bush Administration are prepared to fix the visa system for highly educated foreign nationals. In addition to the SKIL Bill, Compete America has endorsed measures contained the Senate's comprehensive immigration legislation addressing H-1B and EB visa issues; and has also endorsed President Bush's call to ensure access to talent as part of the Administration's American Competitiveness Initiative.
"Senator Cornyn clearly understands the contribution highly-educated foreign nationals make to the U.S. economy and to Texas," said Texas Instruments CEO and President Richard K. Templeton. "The Senator's bill reaffirms America's proud tradition of welcoming top talent to this country. The reality is that most scientists and engineers with advanced degrees from U.S. universities are foreign born. The competition for talent is truly global. If the U.S. wants to win, we absolutely must encourage these advanced degree holders to stay here and get their green cards - not send them home to compete against us. The 'SKIL' bill really advances that goal."
Both the H-1B and EB visa/green card programs have been responsible for bringing much needed foreign talent to live and work in the United States, and most importantly, to make significant contributions to the U.S. economy and global competitiveness. However, H-1B shortages have been well documented, and backlogs in the green card system are getting worse, forcing thousands of valued foreign-born professionals - including researchers, scientists, teachers and engineers - into legal and professional limbo for seven years or more.
Among the provisions of the SKIL Bill (Securing Knowledge Innovation and Leadership) endorsed by Compete America are the following:
Exemptions for U.S. educated foreign workers with advanced degrees in math, science, technology and engineering fields from the H-1B and EB quotas so their talent can be retained in the United States.
Creation of a flexible, market-based H-1B cap so that U.S. employers are not locked out of hiring critical talent.
Extension of foreign students' post curricular optional practical training from 12 months to 24 months to allow them to go more easily from student to green card.
Exemptions for EB/green card immigrant spouses and children from the annual cap, thus making more visas available for the professionals we need.
The SKIL Bill contains many of the provisions for reform of the H-1B visa and EB/green card systems that are present in the two versions of comprehensive immigration reform introduced by Senate Majority Leader Bill Frist (R-TN) and Senate Judiciary Committee Chairman Arlen Specter (R-PA).
"The Senate is ready to address the problem facing U.S. employers of highly educated foreign nationals," said Sandra Boyd, National Association of Manufacturers Human Resources Policy Vice President and Compete America Chair. "It is incomprehensible that Congress would address broad immigration reform without fixing the system that brings legal, highly educated workers to the U.S. We are grateful to Senator Cornyn and the other cosponsors of the SKIL bill as well as those who have supported the inclusion of similar provisions in comprehensive immigration reform."
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srikondoji
06-20 06:36 AM
Good that we did not put all our eggs in one basket.
Can anybody enlighten our forum about what our approach will be in case CIR dies?
Can anybody enlighten our forum about what our approach will be in case CIR dies?
more...
gc_peshwa
02-16 08:54 PM
Donated $100 for this event apart from my recurring monthly donations. Plan to spread the word about the advocacy with my colleagues tomorrow.
Go IV!
Go IV!
Hitech-coolie
10-08 09:33 PM
Hi All
I will ask you in a specific manner .Will you guys help me?
1. Till now I worked on contract as a SAP Consultant with BIG 4 companies and piled up a lot of responsbilities. I got my EAD and one of the BIG wants me to join as Associate Partner- SAP. Can I accept it on EAD?
2.Till now my salary is USD 65,000+Bonus.With bonus my salary is in the range of 120K -140K. But now the BIG 5 offers me a salary in the range of USD 180K -200K.
Can I accept the 'offer' based on the above points and use my EAD?
Or is it a violation of AOS rules?
Appreciate if you throw light on this specific case
Regards
Hi Tech Coolie
I will ask you in a specific manner .Will you guys help me?
1. Till now I worked on contract as a SAP Consultant with BIG 4 companies and piled up a lot of responsbilities. I got my EAD and one of the BIG wants me to join as Associate Partner- SAP. Can I accept it on EAD?
2.Till now my salary is USD 65,000+Bonus.With bonus my salary is in the range of 120K -140K. But now the BIG 5 offers me a salary in the range of USD 180K -200K.
Can I accept the 'offer' based on the above points and use my EAD?
Or is it a violation of AOS rules?
Appreciate if you throw light on this specific case
Regards
Hi Tech Coolie
more...
nepaliboy
05-21 10:40 AM
last week i took infopass and got shedule for biometric , i am also july 2nd filler and had not receive appointment until last week.
my appointment actually at 28th may 2008 but yesterday i went to asc and told them i will be leaving usa next week and request to take biometric fineally i am able to get biometric yesterday.
but i have to pay $25 for him doing my fevour because with out that he isnot willing to do so.
there is no lud today on my i-485 so could you please tell me how long it take to get lud ?
how long it take to clear fbi?
what is soft lud and hard lud ?
my pd is current so will i soon see my i-485 processing ?
my appointment actually at 28th may 2008 but yesterday i went to asc and told them i will be leaving usa next week and request to take biometric fineally i am able to get biometric yesterday.
but i have to pay $25 for him doing my fevour because with out that he isnot willing to do so.
there is no lud today on my i-485 so could you please tell me how long it take to get lud ?
how long it take to clear fbi?
what is soft lud and hard lud ?
my pd is current so will i soon see my i-485 processing ?
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saimrathi
07-13 06:36 AM
Is this posted somewhere? Is there a link?
Just woke up to NPR morning news ... nice coverage on the July bulletin.
Just woke up to NPR morning news ... nice coverage on the July bulletin.
more...
NKR
04-23 09:26 PM
Guys one more perspective:
1) Employers are not in the business of litigations. Their business is to run the company. If you or the employers are talking lawsuits then one of you have crossed a red line. It is just that. No sensible person goes to the court knowing he has done wrong. I doubt an employer wants lawsuits. Just like you feel threatened by lawsuits, your employer also feels threatened by lawsuits.
2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.
3) I agree with acquarian, that it is very stressful if employer threatens to sue you. Also attorneys will charge you $200/ per hr. If someone is saying that attorneys recover money later etc, I say chill. Most attorneys would not do that. They like hourly rates. Its very difficuilt to find an attorney for free unless your case is slam dunk.
Why I suggested he apologize? Be humble. I did not say admit your mistake. I just said aplogize for employers grievance. If two simple words "I apologize" can get your job done, why waste time in attorneys court, etc?
Based on my past experience, I am telling you, you never know when you will need a past employer. You will not need your past client, I have been at atleast 10 client sites, I never needed a past client for something, but I always had to go back to my employers for something. They are like ex GFs or ex spouses and leaving a job is like divorce.
Where you will need your employer? When USCIS sends you an RFE to prove employment experience with XXX company. There is nothing in the law that forces employers to give you an experience letter unless he fired you. Now try getting a court order in 90 days to meet your RFE deadline
When you get a job in fortune 500 company or better opportunity after your GC, your future employer will want to talk to all employers in ur history. Ready for that? Want to give the number now or want to let the job go?
Thats why I am saying DO NOT fight with ex employers. You will get hurt more than the employer. Your ex boss is not a bad guy, he knows you are leaving for better opportunity. Since he remembers what you have done for him, a few kind words will solve the matter.
I needed one such reference in my past, I called and apologized to my former boss because if I didnt, he would not cooperate and nor I had time for years worth of lawsuits. It took about a month, but the matter was settled in my favour.
Tell me what wrong he did for him to apologize and I will apologize to you. When nothing is permanent he worked with them for 1 and half years, he got them 4 employees. Why in the world should he apologize?.
When you say that you will not need your clients you are wrong. when I was searching for projects I got a chance to apply to a job opening in one of my previous client, guess what, the start to my second stint was smooth just because I had a good rapport with my client and they liked my work. I even got one of my team mates in my client place to give me a referral for my higher studies.
"Your ex boss is not a bad guy, he knows you are leaving for better opportunity".He is not only a bad guy, he is evil IF (note the big IF) he is keeping the money which is not his. Their conscience should prick when they feed and give excellent education to their kids with the ill gotten money.
Unfortunately one might need his ex-employer in future (might not always be the case) and that is the irony of it all.
1) Employers are not in the business of litigations. Their business is to run the company. If you or the employers are talking lawsuits then one of you have crossed a red line. It is just that. No sensible person goes to the court knowing he has done wrong. I doubt an employer wants lawsuits. Just like you feel threatened by lawsuits, your employer also feels threatened by lawsuits.
2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.
3) I agree with acquarian, that it is very stressful if employer threatens to sue you. Also attorneys will charge you $200/ per hr. If someone is saying that attorneys recover money later etc, I say chill. Most attorneys would not do that. They like hourly rates. Its very difficuilt to find an attorney for free unless your case is slam dunk.
Why I suggested he apologize? Be humble. I did not say admit your mistake. I just said aplogize for employers grievance. If two simple words "I apologize" can get your job done, why waste time in attorneys court, etc?
Based on my past experience, I am telling you, you never know when you will need a past employer. You will not need your past client, I have been at atleast 10 client sites, I never needed a past client for something, but I always had to go back to my employers for something. They are like ex GFs or ex spouses and leaving a job is like divorce.
Where you will need your employer? When USCIS sends you an RFE to prove employment experience with XXX company. There is nothing in the law that forces employers to give you an experience letter unless he fired you. Now try getting a court order in 90 days to meet your RFE deadline
When you get a job in fortune 500 company or better opportunity after your GC, your future employer will want to talk to all employers in ur history. Ready for that? Want to give the number now or want to let the job go?
Thats why I am saying DO NOT fight with ex employers. You will get hurt more than the employer. Your ex boss is not a bad guy, he knows you are leaving for better opportunity. Since he remembers what you have done for him, a few kind words will solve the matter.
I needed one such reference in my past, I called and apologized to my former boss because if I didnt, he would not cooperate and nor I had time for years worth of lawsuits. It took about a month, but the matter was settled in my favour.
Tell me what wrong he did for him to apologize and I will apologize to you. When nothing is permanent he worked with them for 1 and half years, he got them 4 employees. Why in the world should he apologize?.
When you say that you will not need your clients you are wrong. when I was searching for projects I got a chance to apply to a job opening in one of my previous client, guess what, the start to my second stint was smooth just because I had a good rapport with my client and they liked my work. I even got one of my team mates in my client place to give me a referral for my higher studies.
"Your ex boss is not a bad guy, he knows you are leaving for better opportunity".He is not only a bad guy, he is evil IF (note the big IF) he is keeping the money which is not his. Their conscience should prick when they feed and give excellent education to their kids with the ill gotten money.
Unfortunately one might need his ex-employer in future (might not always be the case) and that is the irony of it all.
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hsingh82
09-10 09:23 PM
My sincere apologies for being harsh on IV members, I sincerely appreciate the efforts.
I guess Oct bulletin (EB3 - I) got me going there...
I realize it's not fair to criticize when I am just sitting on the sidelines and not contributing to the cause.
Peace.
Good gesture rahulp!
I guess Oct bulletin (EB3 - I) got me going there...
I realize it's not fair to criticize when I am just sitting on the sidelines and not contributing to the cause.
Peace.
Good gesture rahulp!
more...
amitjoey
11-17 03:45 PM
Done
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vkrishn
08-24 11:12 AM
Any approvals this week? Seems to be slow.. Wait continues!
more...
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Rohan99
10-01 01:24 PM
July 3rd at 9:03 received by R.William--
I am still waiting...
Just checking to see how are others doing, If you have not received receipt number please let me know. If I am the only person left then I need to escalate this issue with my laywer..
Please respond, I know 10 days back there were few people still waiting
Any updates from....
i99
helpme1234
kingnaga
waitforgc123
I am still waiting...
Just checking to see how are others doing, If you have not received receipt number please let me know. If I am the only person left then I need to escalate this issue with my laywer..
Please respond, I know 10 days back there were few people still waiting
Any updates from....
i99
helpme1234
kingnaga
waitforgc123
tattoo alt#39;I miss you sister#39;
pappu
11-17 02:58 PM
Please contact members of congress by clicking on the action alert below.
It will only take less than a minute for you. We are requesting adding amendments in the DREAM Act coming up. This campaign will help the DC advocacy work we are doing on this bill.
ImmigrationVoice.org - Advocacy -- DREAM Act: Help the Legal Immigrants (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=19787501)
Please spread the word everywhere for more participation
Please post on this thread once you have sent the email. Keep this thread up for the next few days.
In addition to sending the emails to the lawmakers, please take the next steps needed to get our provisions included in the Dream Act:
1. Take appointments and meet with lawmakers explaining our provisions to the lawmakers and the need to add them to dream act. Focus on the specific message of the action alert. Following up with the email alert is a powerful advocacy tool and crucial to the success of this campaign. If you have taken an appointment, please contact IV at 202-386-6250.
2. For members who have already established a relation with the staff members in the lawmaker offices, please contact them and explain our provisions to be included in the dream act. Focus on the specific message of the action alert.
3. Send the feedback from the meetings to http://immigrationvoice.org/index.php?option=com_content&task=view&id=98&Itemid=132
4. Become a volunteer to spread the message about this action alert. Simply clicking on the link above does not complete our task - it only begins the task of grass-roots advocacy. Convince your friends, colleagues to get involved in the above tasks. Numbers Matter. Use the attached flier and post it at all indian/asian malls, theaters and other hubs to help spread the message. Also include the flier in your signature.
Spread the word Flier (http://immigrationvoice.org/wiki/images/3/39/Flier_DR_v2.pdf)
It will only take less than a minute for you. We are requesting adding amendments in the DREAM Act coming up. This campaign will help the DC advocacy work we are doing on this bill.
ImmigrationVoice.org - Advocacy -- DREAM Act: Help the Legal Immigrants (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=19787501)
Please spread the word everywhere for more participation
Please post on this thread once you have sent the email. Keep this thread up for the next few days.
In addition to sending the emails to the lawmakers, please take the next steps needed to get our provisions included in the Dream Act:
1. Take appointments and meet with lawmakers explaining our provisions to the lawmakers and the need to add them to dream act. Focus on the specific message of the action alert. Following up with the email alert is a powerful advocacy tool and crucial to the success of this campaign. If you have taken an appointment, please contact IV at 202-386-6250.
2. For members who have already established a relation with the staff members in the lawmaker offices, please contact them and explain our provisions to be included in the dream act. Focus on the specific message of the action alert.
3. Send the feedback from the meetings to http://immigrationvoice.org/index.php?option=com_content&task=view&id=98&Itemid=132
4. Become a volunteer to spread the message about this action alert. Simply clicking on the link above does not complete our task - it only begins the task of grass-roots advocacy. Convince your friends, colleagues to get involved in the above tasks. Numbers Matter. Use the attached flier and post it at all indian/asian malls, theaters and other hubs to help spread the message. Also include the flier in your signature.
Spread the word Flier (http://immigrationvoice.org/wiki/images/3/39/Flier_DR_v2.pdf)
more...
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aquarianf
04-24 11:29 AM
Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
can you ask the attorney if he can work on contingency basis? Or did he gave any estimate of how much it may cost you if you have to face lawsiute or if you have to go to settlement route?
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
can you ask the attorney if he can work on contingency basis? Or did he gave any estimate of how much it may cost you if you have to face lawsiute or if you have to go to settlement route?
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nogreen4decade
08-25 12:08 PM
I never had a soft LUD on my 485 because of EAD renewal.... But one time I saw it, but my lawyers filed AC21 around the same time.... So I would think it was because of AC21.... So I was always under the impression that EAD renewal has no LUD's on 485, based on my experience
My wife got a soft LUD on 8/21. She has PD of Dec 2005 EB2 (I). I wa shappy to see some activity but then i saw the following thread (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/1599851-ead-renewal-but-i-485-update.html#post1981520) . It looks like some got the soft LUD on their 485 but their EAD was in process and same is the case wiht my wife. She applied for EAD renewal last month.
My wife got a soft LUD on 8/21. She has PD of Dec 2005 EB2 (I). I wa shappy to see some activity but then i saw the following thread (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/1599851-ead-renewal-but-i-485-update.html#post1981520) . It looks like some got the soft LUD on their 485 but their EAD was in process and same is the case wiht my wife. She applied for EAD renewal last month.
more...
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GCStatus
09-15 08:38 PM
Third post to get your attention?. Is it possible to make this thread hard wired?. Is it possible to send a PM to all members with the first post?. Thank you.
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petepatel
07-30 07:25 AM
Priority Date is Nov 2004
Havent had any LUDS since July 3, I hope your thinking is the way it goes :rolleyes:
Havent had any LUDS since July 3, I hope your thinking is the way it goes :rolleyes:
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Be_Pragmatic
08-06 11:11 PM
My Wife's & my AP expires on 11/16/2008 and she is coming back to the States from India on Sep 9th 2008, I'm assuming her I94 would be only issued till 11/16/2008. We are then planning to apply for EAD/AP renewal , that is, after Sep 9th 2008 and my question is what is she doesn't get her renewed AP approved before 11/16/2007 (which again I'm assuming would be the date on I94 valifity) and would that make her out of status? I hope this helps
Munna Bhai
12-17 12:25 PM
Gym, yoga, work, birds - these things are just escape from reality. The reality is pretty grim. Imagine a new wanna be immigrant. He/she has basically two choices:
1. Ask for asylum, come up with some story, try to get interview passed. If works - then that's it. If not, ask judge for work permit (usually they grant). And go through hearings, appeals, etc. etc. - takes total 5 years. Meanwhile, work whenever you want. make money, find a girl (or a guy for girls), marry - get your GC. At worst case scenario - you get caught, put on deportation, you cash your credit cards - and leave with $200k in your pocket. So, at worst - you get deported - which is fair.
2. You read the law, you see that your only legal option is EB and you spend 6-8 years going through H1/LC/140/485, etc. Lose money, pay lawyers, pay taxes, miss opportunities. Even after you get GC, some douche bag IO might have a bad day, review your LC/140 and revoke it at any time until you get citizenship for some little reason. Even citizenship may be revoked because of "fraud". How many of you have LC done completely honestly, with interviewing all candidates and stuff like that? Meanwhile, if your company/lawyer screwed something up - you get deported, and you lost 10 best years of your life for nothing. In best case scenario, you get GC - which is fair.
So in 1st case we have fair-win situation, in second - lose-fair. So, can anybody give me ONE reason why we chose 2nd way? Please don't start with "good karma" and things like that. But for real? What is that? What message USCIS is sending us? America is a country of law or a country of criminal opportunists?
To me personally, this immigration thing is just a matter of principle, I'm not leaving without GC, period. I'm ready to have any of my stuff revoked, I'm ready for court battles - at the end I will marry a citizen. Reason? I don't wanna feel being a loser.
You pointed out correctly..the reason everyone of us are depressed is "I don't wanna feel being a loser" as pointed by Bestia and now GC has become some-sort of personnal goal....
1. Ask for asylum, come up with some story, try to get interview passed. If works - then that's it. If not, ask judge for work permit (usually they grant). And go through hearings, appeals, etc. etc. - takes total 5 years. Meanwhile, work whenever you want. make money, find a girl (or a guy for girls), marry - get your GC. At worst case scenario - you get caught, put on deportation, you cash your credit cards - and leave with $200k in your pocket. So, at worst - you get deported - which is fair.
2. You read the law, you see that your only legal option is EB and you spend 6-8 years going through H1/LC/140/485, etc. Lose money, pay lawyers, pay taxes, miss opportunities. Even after you get GC, some douche bag IO might have a bad day, review your LC/140 and revoke it at any time until you get citizenship for some little reason. Even citizenship may be revoked because of "fraud". How many of you have LC done completely honestly, with interviewing all candidates and stuff like that? Meanwhile, if your company/lawyer screwed something up - you get deported, and you lost 10 best years of your life for nothing. In best case scenario, you get GC - which is fair.
So in 1st case we have fair-win situation, in second - lose-fair. So, can anybody give me ONE reason why we chose 2nd way? Please don't start with "good karma" and things like that. But for real? What is that? What message USCIS is sending us? America is a country of law or a country of criminal opportunists?
To me personally, this immigration thing is just a matter of principle, I'm not leaving without GC, period. I'm ready to have any of my stuff revoked, I'm ready for court battles - at the end I will marry a citizen. Reason? I don't wanna feel being a loser.
You pointed out correctly..the reason everyone of us are depressed is "I don't wanna feel being a loser" as pointed by Bestia and now GC has become some-sort of personnal goal....
desi3933
06-28 06:46 AM
desi3933,
Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --
The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.
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
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --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.
Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC holder.
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
Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --
The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.
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
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --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.
Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC holder.
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
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