desi3933
01-13 02:31 PM
desi9333 thanks for the link. Nice one - even though it covers only Hiring practices, and not opportunities for promotions and progression.
The "Opportunity" usage has been explained much beyond Hiring in the other laws and related documents. Hence, an employee who subsequently faces discrimination because he/she cannot progress or misses on job advancements due to Visa limit restrictions is certainly being discriminated against.
......
You are wrong here. Equal Opportunity Law does not apply to Immigrant Visa allocation. PERIOD.
Example:
Employer XYZ has 3 employees on H-1B. Its upto Employer's choice to file green card for any or all of them. Employer may decide to sponsor employment based green card for only 1 of them. This is perfectly ok and does not come under employment based discremination.
Like I said multiple times, spend some real money to get professional advice from attorney. May be that will enlighten you. Talk is cheap and so is being in dremaland.
Good Luck.
_________________
Not a legal advice.
The "Opportunity" usage has been explained much beyond Hiring in the other laws and related documents. Hence, an employee who subsequently faces discrimination because he/she cannot progress or misses on job advancements due to Visa limit restrictions is certainly being discriminated against.
......
You are wrong here. Equal Opportunity Law does not apply to Immigrant Visa allocation. PERIOD.
Example:
Employer XYZ has 3 employees on H-1B. Its upto Employer's choice to file green card for any or all of them. Employer may decide to sponsor employment based green card for only 1 of them. This is perfectly ok and does not come under employment based discremination.
Like I said multiple times, spend some real money to get professional advice from attorney. May be that will enlighten you. Talk is cheap and so is being in dremaland.
Good Luck.
_________________
Not a legal advice.
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EkAurAaya
03-04 10:14 PM
In my opinion this is ridiculous... it is clear how they don't want to share the information by comming up with this!
I think you should forward this to The President! show him how open his offices are about sharing information under the Freedom of Information Act - i dont see how is this different then pay-per view on cable!
EDIT: F$%&ng ridiculous 5000$ to write a sql query... excuse my language
I think you should forward this to The President! show him how open his offices are about sharing information under the Freedom of Information Act - i dont see how is this different then pay-per view on cable!
EDIT: F$%&ng ridiculous 5000$ to write a sql query... excuse my language
new2H1&GC
08-02 02:20 PM
Hi,
I just got my H1B approved through company A with start date of 1st Oct 07.
Can a transfer the H1B to another company without working for company A?:confused:
I am in the US on H4 visa. I read that if you are in the US can transfer within 60 days of start date, and if you are outside US then within 30 days of start date. Is this true? Thank you all for your replies. It would be a big help!!
I just got my H1B approved through company A with start date of 1st Oct 07.
Can a transfer the H1B to another company without working for company A?:confused:
I am in the US on H4 visa. I read that if you are in the US can transfer within 60 days of start date, and if you are outside US then within 30 days of start date. Is this true? Thank you all for your replies. It would be a big help!!
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amitps
09-25 03:24 PM
I have many positive experiences with Fragomen.
My RIR case was first filed in 2001 by a different lawyer and he screwed it up. It got rejected by DOL and bumped back to non-RIR. When the BEC was about to take the case for processing, my company hired Fragomen for the processing. Fragomen reviewed my case, worked with me, prepared and filed a new Labor petition in 24 hours as I was reaching my 6th year limit.
When PERM was introduced, they worked with me to convert my traditional labor filing to PERM.
During the July VISA bulletin fiasco, they kept communicating well and worked overtime (I used to get emails around midnight sometimes) and filed my case. They even followed up and made sure that I was going to attend my finger printing appt when they got the courtesy copy.
They do well with email replies. I have never called them and hence, not sure about responding to calls. But I never had a requirement to call them as they normally reply to emails within 1 working day.
Since Fragomen is so big, they might have a small percentage of attorneys / para legals who are not customer focussed. I have dealt with 3 different attorneys / para legals withing Fragomen, and I have high regards for them.
My emails just go to a black box who no one opens....
My RIR case was first filed in 2001 by a different lawyer and he screwed it up. It got rejected by DOL and bumped back to non-RIR. When the BEC was about to take the case for processing, my company hired Fragomen for the processing. Fragomen reviewed my case, worked with me, prepared and filed a new Labor petition in 24 hours as I was reaching my 6th year limit.
When PERM was introduced, they worked with me to convert my traditional labor filing to PERM.
During the July VISA bulletin fiasco, they kept communicating well and worked overtime (I used to get emails around midnight sometimes) and filed my case. They even followed up and made sure that I was going to attend my finger printing appt when they got the courtesy copy.
They do well with email replies. I have never called them and hence, not sure about responding to calls. But I never had a requirement to call them as they normally reply to emails within 1 working day.
Since Fragomen is so big, they might have a small percentage of attorneys / para legals who are not customer focussed. I have dealt with 3 different attorneys / para legals withing Fragomen, and I have high regards for them.
My emails just go to a black box who no one opens....
more...
SkilledWorker4GC
07-17 08:50 PM
No Red Dogs are allowed only Brown Dogs.
Yes, what I posted was meant to be hard,
ask a EB3 person if he was happy when EB3 was available and Eb2 was not.
Did any one try to justify the reason why EB2 was UNAVAILABLE? No.
Did anyone here feel unhappy that EB2 moved so nicely? No.
Then why are we not seeing a single post from anyone which says we as aspiring immigrants are not being failrly dealt with when EB3 did not move with EB2.
Instead we see posts about why EB3 is not moving and explanation of reasons behind it.
Is there a hidden agenda here, NO. Not from IV, am i trying to prove something like that? I dont think so.
Yes, what I posted was meant to be hard,
ask a EB3 person if he was happy when EB3 was available and Eb2 was not.
Did any one try to justify the reason why EB2 was UNAVAILABLE? No.
Did anyone here feel unhappy that EB2 moved so nicely? No.
Then why are we not seeing a single post from anyone which says we as aspiring immigrants are not being failrly dealt with when EB3 did not move with EB2.
Instead we see posts about why EB3 is not moving and explanation of reasons behind it.
Is there a hidden agenda here, NO. Not from IV, am i trying to prove something like that? I dont think so.
venky08
06-08 04:48 PM
Maybe this is a "grand scheme" to get people like us who are complaining about the current system to realize that our current system really rocks! (from what really bad nightmares it could be instead)!
good sense of humor...:)
good sense of humor...:)
more...
surabhi
04-28 10:02 AM
Made 100$ contribution.
Receipt ID: 8D820608S2713543L
Receipt ID: 8D820608S2713543L
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Caliber
12-10 03:18 PM
Shut up you junkie..
RSVPing and then not coming is very professional?
I am neither supporting nor opposing any one. Is asking some one to Shutup professional?
Frankly many of us are pushing out people out of this site. I am sorry to say this.
RSVPing and then not coming is very professional?
I am neither supporting nor opposing any one. Is asking some one to Shutup professional?
Frankly many of us are pushing out people out of this site. I am sorry to say this.
more...
Michael chertoff
03-25 07:29 PM
Based on Visa Bulletin report, it seems like massive retrogression is likely for EB3 as well as EB2 :( for the rest of the year. Many have ported and some hibernating applications are now active. :(
When I said that there should be one Item in IV agenda to Ban Porting, everyone got mad.
I still say that they should be allowed to port but should go back in line. they are disturbing the balance. I am not against them, if they were EB2 candidates why they didnt file on EB2 category at first, if now they think they are qualified then they should start new process.
BTW. they will create a big retrogression for EB2 then EB2 people have to port to EB3
Red dots are welcome.
Thanks
When I said that there should be one Item in IV agenda to Ban Porting, everyone got mad.
I still say that they should be allowed to port but should go back in line. they are disturbing the balance. I am not against them, if they were EB2 candidates why they didnt file on EB2 category at first, if now they think they are qualified then they should start new process.
BTW. they will create a big retrogression for EB2 then EB2 people have to port to EB3
Red dots are welcome.
Thanks
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stuckinmuck
02-09 08:38 PM
If you read my post carefully, I am suggesting this 'in addition' to what's already on IV's agenda. Why can't we work on this item in conjunction to what's already being worked on? I have started preparing a fraud list from a bunch of websites like desicrunch.com. I noticed that almost 90% of firms reported there are fraud firms and it makes me wonder about the efficiency of local authorities. Also I don't see how targeting blood sucking desi firms would feed the anti-immigrant trolls. I would think we Indians would benefit the most since it would increase our credibility in general. Thanks for considering this idea at least. I would like to know other people's thoughts based on my clarification here. This drive might clean up cases freeing up visa numbers for genuine EB cases from India. Why should I be in line with crooks ahead of me? It doesn't make sense whatsoever.
And yes, my contribution to IV so far as been $1000 and involvement in other drives. Your question to me regarding my contribution made me squirm a bit since you might have categorized me with many of IV's freeloaders. That's just like Americans asking me all the time "Are you on an H1-B visa and do you work for a bodyshopper". :)
But I will work on making new contributions as well.
Contribution so far: $1000
And yes, my contribution to IV so far as been $1000 and involvement in other drives. Your question to me regarding my contribution made me squirm a bit since you might have categorized me with many of IV's freeloaders. That's just like Americans asking me all the time "Are you on an H1-B visa and do you work for a bodyshopper". :)
But I will work on making new contributions as well.
Contribution so far: $1000
more...
namaste
01-02 11:51 AM
H1-b 5.5 years, I-140 approved 1.5 yrs, I-485 pending almost 2 yrs, priority date just got current (JUL2004). Got laid off and will have January check as last pay check. Spouse is on H1-B, whose job is relatively secure for the short term, whose I-140 approved as well but didn't submit I-485 (PD is about beginning of 2007).
1) EAD/AP expire at the end of March. Should I renew EAD/AP now? The company will not do it, if I apply it on my own will CIS notice this and send me an RFE? If they do send me RFE asking for employment verification letter can I fax back a letter (I believe my company still counts me as an employee now) without letting them know I got laidoff?
2) Regarding H4 application: what's the best way to do it, apply on my own or use an attorney? Do I have enough time to do it in one month on my own?
3) If I find a new job quickly, given that I'm in my 6th year of H1-B, will the new employer be able to transfer my H1-B?
4) If my 485's approved but I don't get the card mailed to me at the time I start my new job (if any) is there a problem?
Thanks for your help and Happy New Year to everybody,
1) EAD/AP expire at the end of March. Should I renew EAD/AP now? The company will not do it, if I apply it on my own will CIS notice this and send me an RFE? If they do send me RFE asking for employment verification letter can I fax back a letter (I believe my company still counts me as an employee now) without letting them know I got laidoff?
2) Regarding H4 application: what's the best way to do it, apply on my own or use an attorney? Do I have enough time to do it in one month on my own?
3) If I find a new job quickly, given that I'm in my 6th year of H1-B, will the new employer be able to transfer my H1-B?
4) If my 485's approved but I don't get the card mailed to me at the time I start my new job (if any) is there a problem?
Thanks for your help and Happy New Year to everybody,
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rpatel
07-19 12:16 PM
Yes, I used to say like this five years back when I had time and age in my hand. I assume you are in early or mid 20's. I will put it differently for you.
Assume there is a big pond which starts from 1 feet and gradually increases up to 100 feet. People with one year work experience steps 0.5 feet. There are life jackets(GC) floating around the pool and whoever is lucky is picking it up. There are guys like me who are already in 5th-6th feet deep without finding the lifejacket, but we are sure if we go further, may be 3-4 feet more we WILL find it. There are guys who are lucky to find a life jacket at 1,2,3 feet also and happily float to the shore passing us. The fifth feet guy is practically seeing how the 6th and 7th feet guys are struggling. May be they are seeing some one in 8 feet to 10 feet. Now a big Tsunami (retrogression) comes and drags all the jackets 20 feet down further. These guys are dejected and some of these guys even pull their spouse/kids in one hand when they float/swim.
Dont forget, it takes one year to step 0.5 feet. Every year the pond management drops a fixed number of jackets. These guys keeps their hope alive based on the above fact. But these guys are seeing some kids passing in motorboat(LC Substitution) paying that guy 10K and getting a life jacket. Hmm pain, but even if I had a chance I would have also done it.
Now comes your saying. When the deepest s...t guys talks about their fate down the line and how to take their family safe ashore, a guy at 0.5/1 feet shouts saying "Dont give up, it is like deciding to take a sanyas because you are tired of dealing with social issues".
If you are in 5+ feet, I take your statment. Otherwise, you will not understand what I am trying to say until you reach 5+ feet without finding a life jacket and also pulling your family in one hand and seeing your seniors struggling more in 8+ feet. :)
NOTE: BTW, no offense. I thought to express what I am saying in different way. I understand what you meant. Cheers.
I am in my late 20's and am going to finish my 7th year next month...you decide how many feet of water I am in..:rolleyes: Meanwhile I totally understand your argument that the situation is the most frustrating for people who have been here the longest. I'd say sharpen you swimming skills and then it wouldn't matter how deep the water is or how tall you are....I's say stick with it and endure hardship if you value the end result (GC ofcourse). Even if you decide to go back...whatever your age/experience be...never forget its never too late..Gandhi was 46 years old when he returned to India from SA after spending 22 years there..Still wasn't too late for him to start a revolution now... or was it ?:)
May be you might also want to change your handle...GCby3000 doesn't sound that optimistic
Assume there is a big pond which starts from 1 feet and gradually increases up to 100 feet. People with one year work experience steps 0.5 feet. There are life jackets(GC) floating around the pool and whoever is lucky is picking it up. There are guys like me who are already in 5th-6th feet deep without finding the lifejacket, but we are sure if we go further, may be 3-4 feet more we WILL find it. There are guys who are lucky to find a life jacket at 1,2,3 feet also and happily float to the shore passing us. The fifth feet guy is practically seeing how the 6th and 7th feet guys are struggling. May be they are seeing some one in 8 feet to 10 feet. Now a big Tsunami (retrogression) comes and drags all the jackets 20 feet down further. These guys are dejected and some of these guys even pull their spouse/kids in one hand when they float/swim.
Dont forget, it takes one year to step 0.5 feet. Every year the pond management drops a fixed number of jackets. These guys keeps their hope alive based on the above fact. But these guys are seeing some kids passing in motorboat(LC Substitution) paying that guy 10K and getting a life jacket. Hmm pain, but even if I had a chance I would have also done it.
Now comes your saying. When the deepest s...t guys talks about their fate down the line and how to take their family safe ashore, a guy at 0.5/1 feet shouts saying "Dont give up, it is like deciding to take a sanyas because you are tired of dealing with social issues".
If you are in 5+ feet, I take your statment. Otherwise, you will not understand what I am trying to say until you reach 5+ feet without finding a life jacket and also pulling your family in one hand and seeing your seniors struggling more in 8+ feet. :)
NOTE: BTW, no offense. I thought to express what I am saying in different way. I understand what you meant. Cheers.
I am in my late 20's and am going to finish my 7th year next month...you decide how many feet of water I am in..:rolleyes: Meanwhile I totally understand your argument that the situation is the most frustrating for people who have been here the longest. I'd say sharpen you swimming skills and then it wouldn't matter how deep the water is or how tall you are....I's say stick with it and endure hardship if you value the end result (GC ofcourse). Even if you decide to go back...whatever your age/experience be...never forget its never too late..Gandhi was 46 years old when he returned to India from SA after spending 22 years there..Still wasn't too late for him to start a revolution now... or was it ?:)
May be you might also want to change your handle...GCby3000 doesn't sound that optimistic
more...
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ncrtpMay2004
01-13 04:45 PM
Someone please explain this to me,
The labor certification for a EB visa is based on a job/position requirement.
What is the intent of EB based GC?
How long is the person expected to the job for which the LC was approved?
Does that clock start when the LC was approved or when the i485 was approved?
If there is an drive for this effort, I will contribute.
The labor certification for a EB visa is based on a job/position requirement.
What is the intent of EB based GC?
How long is the person expected to the job for which the LC was approved?
Does that clock start when the LC was approved or when the i485 was approved?
If there is an drive for this effort, I will contribute.
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h4visa
03-17 11:19 AM
Thats a good point Harsh. If they are reluctant to increase the H1 cap they can simply look for the talent in their own house (USA). After all we all are paying taxes and can contribute to the economy. and also we should seriously think about lobbying for issuance of EAD to H-4's once I-140 is approved.
more...
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lvgc
06-25 12:20 PM
I and few of my friends called into Rep. Smith's office. The reply we got was that it would be effective only if more of his constituents called.
So, we need to get more locals from Rep. Smiths district to call ...
So, we need to get more locals from Rep. Smiths district to call ...
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gc_on_demand
06-27 01:12 PM
Guys
its very simple and doesnot take more time. I was working from home today so called few lawmakers including Rep Smith and Rep Rothaman. Lady took address and phone no and told me she will pass a message and let me know via mail.
Please call . These bills are only our hope till next year..
its very simple and doesnot take more time. I was working from home today so called few lawmakers including Rep Smith and Rep Rothaman. Lady took address and phone no and told me she will pass a message and let me know via mail.
Please call . These bills are only our hope till next year..
more...
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nonimmi
11-08 04:10 PM
Looks like Ombudsman is trying harder to be recognised as most disliked person and increasing number of red dots against him also certify that!!
It reminds me someone called 'catdog' in another forum. Lets try to ignore him and hope for the best.
It reminds me someone called 'catdog' in another forum. Lets try to ignore him and hope for the best.
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grupak
06-23 06:13 PM
We will have to pick it up tomorrow.
Please make the call, it makes a difference.
Please make the call, it makes a difference.
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logiclife
02-12 12:38 AM
If you have questions, please use the phone number to call us. We cannot send PMs to too many people. Its just quicker to answer the phone.
850-391-4966.
We will answer as many questions as we can.
Please do not turn your anger against each other if you disagree.
Thanks.
850-391-4966.
We will answer as many questions as we can.
Please do not turn your anger against each other if you disagree.
Thanks.
nrakkati
03-20 11:20 PM
First of all,based on the information you provided i believe that
1. You are continuously employed WITHOUT any gap, meaning working 40 hrs/ week and clean history of pay stubs, W2s etc
2. You have been working for only one employer at any given point of time, as a full time employee
IF What i said above is true, then RFE makes no sense. because based on the H1B rules and regulations, one can have multiple H1Bs BUT can only work for ONE employer as full time, meaning 40hrs/week.
It is also completely legal that one can work up to 20hrs/week for second employer by paying proper taxes . but in your case i believe that you have worked for only one employer and i think you can show the evidence.
Please contact your attorney and draft a response carefully
Please correct me if were wrong
Thanks Satya. Your two assumptions are correct.
1. You are continuously employed WITHOUT any gap, meaning working 40 hrs/ week and clean history of pay stubs, W2s etc
2. You have been working for only one employer at any given point of time, as a full time employee
IF What i said above is true, then RFE makes no sense. because based on the H1B rules and regulations, one can have multiple H1Bs BUT can only work for ONE employer as full time, meaning 40hrs/week.
It is also completely legal that one can work up to 20hrs/week for second employer by paying proper taxes . but in your case i believe that you have worked for only one employer and i think you can show the evidence.
Please contact your attorney and draft a response carefully
Please correct me if were wrong
Thanks Satya. Your two assumptions are correct.
dixie
02-13 12:08 AM
That right doesn't come without a responsbility - put your wallet where your mouth is. We have seen enough of these 3-4 post members suggesting "change" in leadership sitting in their cozy armchairs.
I know understand why lawmakers want to club us with illegal aliens - because many of us, inspite of our so-called superior education, are in fact worse off than the illegals when it comes to putting up a united front against numbersUSA. So maybe we need the "cover" and "protection" of the illegals to get our provisions passed. Shame on us !!
As a member, I have full right to suggest a change of leadership when I think it can help.
I know understand why lawmakers want to club us with illegal aliens - because many of us, inspite of our so-called superior education, are in fact worse off than the illegals when it comes to putting up a united front against numbersUSA. So maybe we need the "cover" and "protection" of the illegals to get our provisions passed. Shame on us !!
As a member, I have full right to suggest a change of leadership when I think it can help.
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