xbohdpukc
12-03 02:42 PM
I think the most confusion is caused by our willingness to interpret the definition of discrimination too broadly. Let's see what exactly is done here when an employer refuses a visa sponsorship for a prospective employee.
I think no one on this forum will deny that an employment authorization H1b folks possess is limited in nature and valid only as long as the H1b recipient is working for the sponsoring employer. Should such an employee leave his sponsoring employer the employment authorization ceases to exist and a new employer must seek another employment authorization for his newly hired employee, a process commonly known as an H1b visa transfer.
According to the Workplace Fairness website the following stands true:
An employer should not ask about your citizenship status during a job interview. The employer can only notify you as a job applicant that, should a job be offered to you, you will be expected to provide evidence that you are legally entitled to work in the US within the first three days of starting work. The employer should say this to every job candidate, as saying this selectively may be illegal discrimination.
The only valid question during an interview or as a part of a pre-screen process could be "Are you authorized to work for any employer in this country?" This question will NOT constitute any discrimination, as per the law employers have to verify the work authorization status of all new hires by the way of I-9 form filing within 3 day period after employment commencement.
NO H1b person can answer YES to this question, therefore an employer has a right to refuse employment to any such applicant. Employer's willingness to apply for a visa transfer is a pure good will and no employer can be forced to do so under the current law.
As for the insurance, banking, etc., the decision to extend such services is always based on the risk assessment. You might argue that an H1b holder does not represent a greater risk for a US lender (insurer) than an ordinary US citizen. I am sure that all these insurance companies have their own studies somewhere which prove that people with no permanent status in the country represent a greater risk for their business, than those who possess such status. Providing that there are some stories about H1b workers who maxed out their credit lines, abandoned their houses and fled the country after being laid off, I do not think that any court in this country would side with non-immigrants on this matter.
But we can always keep complaining on here how badly treated and unprotected we are.
I think no one on this forum will deny that an employment authorization H1b folks possess is limited in nature and valid only as long as the H1b recipient is working for the sponsoring employer. Should such an employee leave his sponsoring employer the employment authorization ceases to exist and a new employer must seek another employment authorization for his newly hired employee, a process commonly known as an H1b visa transfer.
According to the Workplace Fairness website the following stands true:
An employer should not ask about your citizenship status during a job interview. The employer can only notify you as a job applicant that, should a job be offered to you, you will be expected to provide evidence that you are legally entitled to work in the US within the first three days of starting work. The employer should say this to every job candidate, as saying this selectively may be illegal discrimination.
The only valid question during an interview or as a part of a pre-screen process could be "Are you authorized to work for any employer in this country?" This question will NOT constitute any discrimination, as per the law employers have to verify the work authorization status of all new hires by the way of I-9 form filing within 3 day period after employment commencement.
NO H1b person can answer YES to this question, therefore an employer has a right to refuse employment to any such applicant. Employer's willingness to apply for a visa transfer is a pure good will and no employer can be forced to do so under the current law.
As for the insurance, banking, etc., the decision to extend such services is always based on the risk assessment. You might argue that an H1b holder does not represent a greater risk for a US lender (insurer) than an ordinary US citizen. I am sure that all these insurance companies have their own studies somewhere which prove that people with no permanent status in the country represent a greater risk for their business, than those who possess such status. Providing that there are some stories about H1b workers who maxed out their credit lines, abandoned their houses and fled the country after being laid off, I do not think that any court in this country would side with non-immigrants on this matter.
But we can always keep complaining on here how badly treated and unprotected we are.
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Green.Tech
06-27 01:58 PM
Does anyone know if polaroids are ok?
Otherwise, I have photos that I printed at Walmart (clicked using my digital camera) but those were a little dark and I enchanced the brightness. Don't know if those are valid or not?
Otherwise, I have photos that I printed at Walmart (clicked using my digital camera) but those were a little dark and I enchanced the brightness. Don't know if those are valid or not?
meridiani.planum
06-10 06:23 PM
Realistically ... What if they retrogress enuf to a date when v ver a British colony (rather than sovereign nation) and we change our country to chargeability :confused:?
good one. :)
good one. :)
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gauravster
04-22 11:52 AM
I wrote on the Whitehouse link. Also added a personal story. I will also mail this to all the congressman and senators of NJ/NY.
more...
jonty_11
05-22 03:03 PM
All this while we legal folks have been renewing our H1B's with overlapping time intervals so taht there is no Gaps....now that sounds like a stupid thing to have done....
we should have left gaps in our H1 Transfers ...just so we could be illegal
we should have left gaps in our H1 Transfers ...just so we could be illegal
Kitiara
02-10 09:21 AM
Oooo, this is going to be <i>close</i>! ;)
more...
kaisersose
07-19 10:05 AM
You are cutting it too close. If her flight is delayed, you are at risk.
My suggestion is to have her get here sooner to give you folks enough time to get things done and to allow room for unexpected delays.
My suggestion is to have her get here sooner to give you folks enough time to get things done and to allow room for unexpected delays.
2010 by Bullet For My Valentine
h88
02-05 04:31 PM
Originally posted by senocular
wow Im surprised 42 votes managed to get up there. How many total votes do you usually get for these kinds of things? all those crazy mystery people out there... wheeeeee
Even more sometimes:
http://www.kirupaforum.com/showthread.php?s=&threadid=11090
wow Im surprised 42 votes managed to get up there. How many total votes do you usually get for these kinds of things? all those crazy mystery people out there... wheeeeee
Even more sometimes:
http://www.kirupaforum.com/showthread.php?s=&threadid=11090
more...
kaisersose
06-05 03:00 PM
if they did what u say they did.. they violated the law. thats what gotcher is talking about.
Where is the law that says they can release visa numbers only on a quarterly basis? If that is true, then
1. The Feb bulletin would not have said EB-2 India had used up its annual limit.
2. The June Bulletin would not have said EB-3 will retrogress or become unavailable starting July [which starts a new quarter].
Both make no sense. Or alternatively, there is no such law and DOS can release visa numbers without the "quarterly" constraint. It may have been a practise in the past, but clearly since 2007, they have become keen to see visa numbers not go waste and they appear to have changed the trend.
Only a tiny fraction of applications are on . It really is nowhere enough to draw a meaningful analysis of approval trends.
Where is the law that says they can release visa numbers only on a quarterly basis? If that is true, then
1. The Feb bulletin would not have said EB-2 India had used up its annual limit.
2. The June Bulletin would not have said EB-3 will retrogress or become unavailable starting July [which starts a new quarter].
Both make no sense. Or alternatively, there is no such law and DOS can release visa numbers without the "quarterly" constraint. It may have been a practise in the past, but clearly since 2007, they have become keen to see visa numbers not go waste and they appear to have changed the trend.
Only a tiny fraction of applications are on . It really is nowhere enough to draw a meaningful analysis of approval trends.
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natrajs
08-22 10:58 AM
Let us wait , It will be soon discussed openly
more...
485InDreams
08-20 06:27 PM
If i get correctly...Labour Substitutionhas been banned..right???
hot Bullet For My Valentine
trishanku
02-13 03:46 PM
mpadapa,
You are right that spill over of 23020 visas from family based category contributed to movements in EB2 categories, however that was not the only spill over that happened. There were 12144 unused visas in EB-4 and EB-5 category which also spilled over. You could argue that those visas spill over to EB-1, however EB-1 had usage of 36591 visas last year compared to maximum allocation of 40040 visas which meeans that EB-1 also had 3449 unused visas. This means that there was a spill over of 15593 visas just from EB-4,EB-5 and EB-1 category.
So there will definately be some spill over this year if you assume same usage level as last year. How much? I am not sure yet.
I have my analysis in an excel file, i tried to upload it here as zip file, but it seems to be failing.
You are right that spill over of 23020 visas from family based category contributed to movements in EB2 categories, however that was not the only spill over that happened. There were 12144 unused visas in EB-4 and EB-5 category which also spilled over. You could argue that those visas spill over to EB-1, however EB-1 had usage of 36591 visas last year compared to maximum allocation of 40040 visas which meeans that EB-1 also had 3449 unused visas. This means that there was a spill over of 15593 visas just from EB-4,EB-5 and EB-1 category.
So there will definately be some spill over this year if you assume same usage level as last year. How much? I am not sure yet.
I have my analysis in an excel file, i tried to upload it here as zip file, but it seems to be failing.
more...
house by Bullet For My Valentine
mbartosik
08-21 01:03 PM
My attorney, who I deal with directly (he is part of big immigration law firm), had sent my some papers ages ago that the firm represents both myself and my employer.
Could be that there are bar association rules for this, or maybe just this firm's policy. If it is wider than this firm, then you might be able to refer the attorney to the bar association. It would I guess depend on how much he knew, and whether he knew that you were under the impression that he would be applying for I485.
You probably have a civil or criminal fraud case against employer, and if the attorney knew that you believed that employer was applying for I485 and in anyway facilitated this, even by willfully not returning a call until it was too late, he might be guilty/liable due to conspiracy. Conspiracy without a paper trail or witness is hard to prove. However it depends who has to pursue it. In any case would the attorney want a formal complaint against him on the record with the bar association.
Find out if same employer & attorney did same to anyone else.
If you pursue by yourself it will likely be costly. If you represent yourself less so, but hard work (google for "Pro Se" -- Latin for For Self, "Pro Bono" -- Latin for For the Good).
If DoL or consumer affairs, bar association, or district attorney pursue, much less effort and cost, but less control for you.
You must be with someone else and own attorney before you do anything.
Could be that there are bar association rules for this, or maybe just this firm's policy. If it is wider than this firm, then you might be able to refer the attorney to the bar association. It would I guess depend on how much he knew, and whether he knew that you were under the impression that he would be applying for I485.
You probably have a civil or criminal fraud case against employer, and if the attorney knew that you believed that employer was applying for I485 and in anyway facilitated this, even by willfully not returning a call until it was too late, he might be guilty/liable due to conspiracy. Conspiracy without a paper trail or witness is hard to prove. However it depends who has to pursue it. In any case would the attorney want a formal complaint against him on the record with the bar association.
Find out if same employer & attorney did same to anyone else.
If you pursue by yourself it will likely be costly. If you represent yourself less so, but hard work (google for "Pro Se" -- Latin for For Self, "Pro Bono" -- Latin for For the Good).
If DoL or consumer affairs, bar association, or district attorney pursue, much less effort and cost, but less control for you.
You must be with someone else and own attorney before you do anything.
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caforum2
08-10 12:03 PM
Many of them were not confident of clearing labour on their own credentials ( BSC Zoology, BBA, BCOM etc..) or probably wanted to jump the line.
What make you think BCOM or BBA or BSC is less than any other Bachelor degree EB3 own labor guys have. I am not here to defend or oppose LS. But before you talk about people who are not from same educational background as you, you should come out of bottom of Rock you have been living and breathe some fresh air. I for one, who has BCom and able to get my labor and GC cleared without using any of short cuts. :mad::mad::mad:
What make you think BCOM or BBA or BSC is less than any other Bachelor degree EB3 own labor guys have. I am not here to defend or oppose LS. But before you talk about people who are not from same educational background as you, you should come out of bottom of Rock you have been living and breathe some fresh air. I for one, who has BCom and able to get my labor and GC cleared without using any of short cuts. :mad::mad::mad:
more...
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ragz4u
04-01 04:16 PM
god_bless_you
I am not sure what the issue is with your account. I know Siva has been really busy. Can you, as a quick fix, create a new account and fax from that?
Thanks
I am not sure what the issue is with your account. I know Siva has been really busy. Can you, as a quick fix, create a new account and fax from that?
Thanks
dresses Another Bullet for My
anilsal
07-27 06:08 PM
Man u guys are faaaaaaaaaaaast!!!!
BTW, talking abt F5...I have lost the white ink on the F5 key..its all blank now.....seriously not kidding, and also some dead skin on my index finger.......cheeeeeeeers!!!
I would love to see your contribution trail in your signature.
BTW, talking abt F5...I have lost the white ink on the F5 key..its all blank now.....seriously not kidding, and also some dead skin on my index finger.......cheeeeeeeers!!!
I would love to see your contribution trail in your signature.
more...
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rpat1968
08-06 10:15 PM
My PD is EB2 - July 2004.
I-140 Approved from TSC
I485 submitted in NSC 2nd July. Receipt date 9th Aug.
Working for same employer for last 5 years.
Had lud updates twice in last 5 days. (Also recently did a A11 online (address change for me and my family).
I-140 Approved from TSC
I485 submitted in NSC 2nd July. Receipt date 9th Aug.
Working for same employer for last 5 years.
Had lud updates twice in last 5 days. (Also recently did a A11 online (address change for me and my family).
girlfriend pictures Band – Bullet For My
swadeshi
08-30 09:25 PM
We can do better than this. Let's book tickets and fly to DC. We must participate in this event. Please take two days off and be in DC, and if you do not have enough vacation time, take one day off. Please contribute to this event.
We live in NJ and my husband was not ready to take a day off initially, I was going to come with friends and now after bugging him for days together I finally showed him this message about people flying in from CA and well he is motivated to come, he plans to work remotely on the 17th the lobby day, we are bringing some friends visiting from India too;)
We live in NJ and my husband was not ready to take a day off initially, I was going to come with friends and now after bugging him for days together I finally showed him this message about people flying in from CA and well he is motivated to come, he plans to work remotely on the 17th the lobby day, we are bringing some friends visiting from India too;)
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go_guy123
11-03 10:49 AM
WOW...
In a matter of minutes my indicator has gone to 3 reds. Am I missing something... ?!!!
Dont worry too much about the reds. Even I used to have a couple of greens.
But when I saw many people complaining about why IV is not pursuing piecemeal,
I explained them about the Hispanic caucus and CIR.....I started getting reds
because of that.
People often give red even for rational and logical postings here if the information is uncomfortable.
In a matter of minutes my indicator has gone to 3 reds. Am I missing something... ?!!!
Dont worry too much about the reds. Even I used to have a couple of greens.
But when I saw many people complaining about why IV is not pursuing piecemeal,
I explained them about the Hispanic caucus and CIR.....I started getting reds
because of that.
People often give red even for rational and logical postings here if the information is uncomfortable.
helens_64
12-13 09:09 AM
In the visa bullitin, it says current for Targeted Employ-ment Areas/
Regio.nal Centers . What is that mean?. Is it only for the investor who does business in Targeted areas? or employees who works in the under served areas
Regio.nal Centers . What is that mean?. Is it only for the investor who does business in Targeted areas? or employees who works in the under served areas
hopefull
07-06 04:13 PM
http://digg.com/politics/Green_card_hopefuls_to_resort_to_Gandhigiri_in_US
22 diggs already. 500 diggs will make it a top story!
LITERALLY BEGGING FORYOUR GCs.
THEY ARE KICKING US OUT AFTER USING US YET WE PROCLAIM OUR SELVES TO BE LOYAL TO AMERICANS...
NOT ONE HAVE I SEEN WITH SELF RESPECT WHO WOULD SAY ...WE SHOULD WORK TOWARDS BUILDING INDIA SO THAT THE FUTURE GENERATIONS WONT HAVE TO KISS THE WHITE ARCE...
SHORTCUTS ...huh ...??
DISGUSTING
22 diggs already. 500 diggs will make it a top story!
LITERALLY BEGGING FORYOUR GCs.
THEY ARE KICKING US OUT AFTER USING US YET WE PROCLAIM OUR SELVES TO BE LOYAL TO AMERICANS...
NOT ONE HAVE I SEEN WITH SELF RESPECT WHO WOULD SAY ...WE SHOULD WORK TOWARDS BUILDING INDIA SO THAT THE FUTURE GENERATIONS WONT HAVE TO KISS THE WHITE ARCE...
SHORTCUTS ...huh ...??
DISGUSTING