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  • gc28262
    06-27 09:53 PM
    Could you please show us, where in the link you provided, H-1B applicant needs to treated equally for job hiring as compared to GC and EAD workers.

    EOE deals with equality (i.e. equal opportunities) for hiring, job promotion, and firing.

    IRC Act 1985 deals with unlawful employment of aliens, unfair immigration-related employment practices, and fraud & misuse of certain immigration-related documents.

    Two different things.

    However, once H-1B applicant is hired, he/she is protected just like any other worker, for job promotions, training, and other work conditions. But employer is under no obligation to extend H-1B beyond any initial H-1B petition date. And, yes, H-1B can also be fired at will*, just like any other worker.


    _________________________
    Not a legal advice
    US citizen of Indian origin

    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.

    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 hoder.




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  • eb3_nepa
    06-26 05:03 PM
    Eb3_Nepa,

    You are quite mistaken if you think I am going to delete your post just because I disagree with you. One of the things that I love most about this country is the Bill of Rights and the First Amendment that protects free speech. I like the idea the everyone can voice their opinions as long as there are no physical threats or intimidation.

    That being said, we run the risk of having a thread venting frustrations against illegals degenerate into an anti-Mexican thread. We have had a lot of publicity, and many reporters etc read our forum to get an idea of what we are about. They can very easily read one frustrated post from an otherwise reasonable member out of context and decide that we are a xenophobic group. I edited one comment from Santosh's post; and deleted a post of Bkam's. Bkam's post, frankly, was offensive.

    As a side note, I have quite the same frustrations against the "perceived" better treatment that illegals get. If you look at our "Parity" memo where we found that undocumented workers can self-petition for green cards and we can't, I co-wrote it. But let us focus on the positives that we bring and move on.

    Stucklabour, make no mistake. I totally respect the fact and the hard work done by the core group (urself included). I also respect the moderation aspect where, targetting any one particular community shud be removed at once. So to that effect i do agree with you removing some of the offensive looking posts.

    However discussions about legals v/s illegals in the past have been simply removed by suggestions such as "they live in far worse conditions" and "do not denigrate any group". In my opinion when you say "denigrate" it is something to the effect of, "get rid of them all". Saying someone broke the law when they actually did, does not constitute "denigration" per se, & i really commend the fact that you did not delete my post. Thanks for the good job that you guys have been doing.




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  • reddymjm
    06-07 06:43 PM
    not sure how reliable this info is, take it with a fist full of salt...

    on june first nse received abt 740 I485 applications.
    I hope it is true. NSC is lazy man. They cannot process more than that a day. if not there will be a retrogression/backlog here in receipts too.:(




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  • sreeni78
    11-18 08:54 AM
    Sent it to MI senators and my congressman.



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  • GC08
    09-12 07:44 PM
    Isn't that they have completed input and receipt issuance for cases received by certain date (late Aug.?) according to their update? How come so many July filers still have not received receipts? Weird!

    No, it seems as per the latest USCIS update (on Sept 7, 2007) the NSC has completed issuing receipt notices till July 28, 2007, and TSC till July 2, 2007.

    Do you have any other updates?
    Thanks.

    I probably did not remember the date correctly. Anyway, it does not sound so promising.




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  • caydee
    07-09 11:16 AM
    A news article from San Jose Mercury News...........

    http://www.mercurynews.com/news/ci_6331029?nclick_check=1

    (apologies for posting this here. I couldnt find the link to News Article Thread - 3. Moderators please move this to the right thread)

    IMMIGRATION REFORM'S COLLAPSE GETS FIRMS LOOKING ABROAD
    By Frank Davies
    MediaNews Washington Bureau
    Article Launched: 07/09/2007 01:29:41 AM PDT

    WASHINGTON - Reeling from the collapse of a massive immigration bill, major tech firms plan to press for more visas and green cards for foreign workers - one element of the failed legislation - but admit they face political resistance and an uncertain future.

    "We face a serious problem this year, Congress knows that, and we just have to keep pushing," said Robert Hoffman, an Oracle lobbyist. He said restrictive caps on H-1B and L visas for skilled workers and the long waiting time for green cards for some were limiting companies' growth and sending some jobs overseas.

    But Ralph Hellmann, who lobbied on the Senate bill for the Information Technology Industry trade group, sounded an upbeat note. He said a separate measure increasing visas and green cards "is probably a better product now that we don't have to ride on a compre hensive bill."

    Hoffman, who co-chairs Compete America, a coalition of businesses seeking immigration reform, said he hopes to meet with key congressional leaders on the issue, including Sen. Ted Kennedy, D-Mass., sponsor of the failed Senate bill, and Rep. Zoe Lofgren, the San Jose Democrat who chairs the immigration subcommittee in the House.

    "We'll have to see what's in the realm of the doable, whether it's long-term or a stop-gap," Hoffman said.

    Lofgren sounded a note of caution Friday, saying progress on any component of the comprehensive bill may be difficult.

    "We're in an assessment phase right now, and I don't know what can proceed - that's up to a very diverse group of people in the House and Senate," she said. Other provisions of the failed immigration bill have champions who now see an opening for separate legislation.

    Taking separate action

    Sen. Dianne Feinstein, a California Democrat, said the shortage in farm labor is a crisis that means her "ag jobs" proposal for more foreign workers "should be moved before any other immigration-related legislation."

    She said she will work with Sen. Larry Craig, R-Idaho, a co-sponsor, and industry and farmworker groups to push soon for that bill.

    Lofgren said "there's a compelling case for the Dream Act," another part of the comprehensive bill that would allow some children of illegal immigrants to achieve legal status and make it easier to enter college or the military.

    Several South Bay students last week launched a fast to show their support for the Dream Act, and they demonstrated Tuesday in front of Lofgren's San Jose office.

    Immigration hard-liners who oppose any legalization process for undocumented workers said the failure of the Senate bill shows the need to improve border security and workplace enforcement.

    Rep. Brian Bilbray, a San Diego Republican who chairs the House Immigration Reform Caucus, said a congressional consensus exists to pursue those goals this year.

    Workforce in jeopardy

    Meanwhile, thousands of highly skilled visa-holders who filed paperwork last month for green cards had a more immediate problem this week. Because of a dispute between the State Department and Immigration Services, and a huge backlog of applications, they were told no more green cards are available this year.

    Large employers, including some in the tech sector, were told this year by the Bush administration to help pass the overall bill to secure some of their key goals. Those include almost doubling the number of H-1B visas to 115,000 a year, exempting 40,000 people with higher degrees from any restrictions, and speeding up the employer-based green card system for workers already here.

    With the demise of the bill and uncertainty over future immigration, some California companies may shift operations to other countries, Lofgren said. Microsoft announced plans Thursday to open a software development center in Vancouver, British Columbia, which would "allow the company to recruit and retain highly skilled people affected by the immigration issues in the U.S."

    In 2006, Microsoft secured 3,117 H-1B visas for its workers - the third-highest total - according to the Department of Homeland Security.

    Lou Gellos, a Microsoft spokesman, said immigration uncertainty was "an issue, but not the defining reason" for opening the Canada center.

    Criticism has also mounted over abuses and fraud in the H-1B visa system.

    Sen. Dick Durbin, D-Ill., citing government surveys, said that "job shops" and other brokers were misusing the system to bypass U.S. workers, bring in foreign workers for substandard wages, and outsource some jobs.

    "Our immigration policy should seek to complement our U.S. workforce, not replace it," Durbin said last month during the Senate debate.

    System left in limbo

    After behind-the-scenes negotiations, tech companies acceded to some of the proposals from Durbin and Sen. Charles Grassley, R-Iowa, to improve oversight and enforcement of the H-1B program by the Department of Labor. All companies would have to pledge to seek U.S. workers first for openings, and if an employer's visa-holders who are paid entry-level wages exceeded 30 percent of its workforce, a Labor Department audit would be automatic.

    That agreement is now in limbo. If a serious push for an increase in visas makes progress, Durbin would want to include his proposals, an aide said.

    Hoffman said tech representatives would agree to more enforcement "that is not punitive."

    Lofgren, who represents tech executives and workers, said she could support "reforms and changes" in the visa system.

    "It needs a good review - I've never thought that just increasing the numbers was in the cards," she said.


    Contact Frank Davies at fdavies@mercurynews.com or (202) 662-8921.



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  • rajuram
    03-08 01:55 AM
    Go Outback tonight. Life will still be here tomorrow.

    Different things work for different people - whatever works for you or engages your time/attention, indulge in it in most of your spare-time and try to divert your "screaming" energy, constructively...

    I know it is easier said than done - but, this is life and no one said it's going to be easy...

    One of my friend always says "The best security if the money you have in your bank a/c". Rings true...:)




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  • gcbeku
    08-09 03:43 PM
    Those that matter and can make a decision will ask just one question.
    "If oldest priority date should be considered then what is the use of categories like EB1, EB2, EB3 etc." ? It is a weak argument to say that we are talking only about spillover visas here.

    Why, indeed, should USCIS give spillover away to anyone? They could as well sell off the excess visas at a premium, can't they?



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  • felix31
    05-03 12:04 PM
    wow,

    what do you say, ordinary folks in EB3, without US Masters will not be able to proceed toward I-485 stage when visa is unavailable?

    Hmmm, I will have my Masters, but I cannot work, as I cannot get h1 because of the 6th year limit (just like so many h4's). My hubby does not have US Masters, so he will wait in EB3 forever?

    Can I slap my Masters to his name so he can proceed faster and I can finally get my EAD..?




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  • GCforme
    01-30 04:57 PM
    And none of us should even complain when millions of illegals are suddenly made legal by the Government and they jump the line in front of us for no fault of ours and there are EB3s still waiting from 2001. The illegals have taken a risk right by jumping across the border and staying here illegally???

    :rolleyes::rolleyes:

    I can't help but laugh at all these taking moral high ground. They talk like this even after looking at what is happening in so called highly ethical american corporates.
    There are rules and people smart enough and daring enough go ahead and push it/bend it as much as possible to achive what interests them most.
    As of April 2009, the person who asked the original question and the consultant who asked the question assumed they should be able to land a contract job once October rolls around.
    It is a common practice, without going into how it is unfair for the numerous others who have job offers in hand.

    Now what would you say to the people who sold houses worth 500,000$ to the people who are making 40K per annum or so? The people who took the risk bear the reward or repercussions.

    The person who took a risk by applying for H1 without a client offer, and the consultant would have been rewarded financially if they were able to land a job.
    Now that they can't, they have this potential of being illegal stay/out of status or whatever that they have to deal with.
    So I suppose, if we can help him with answers to the questions he is seeking and provide any guidance that will help him deal with the results of his decision , as many are doing on thread, that is great. If not, don't have get so preachy/flamey.

    Peace out.

    PS:Aksham,this is not directed at you.



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  • BharatPremi
    12-16 01:01 PM
    " Hope abides; therefore I abide.
    Countless frustrations have not cowed me.
    I am still alive, vibrant with life.
    The black cloud will disappear,
    The morning sun will appear once again
    In all its supernal glory. "

    Courtsey: Sri Chinmoy




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  • gjoe
    08-19 11:18 AM
    My 2 paisa ( though it has no value anymore anywhere)

    First and foremost we have to realize that we are fee paying customers to USCIS. We have a right to demand better customer service. The reports and other kind of data they are releasing currently is an insult to the high skilled immigrant community. It is time we call out that the king (USCIS) has no clothes. They have been feeding us garbage disguised as reports and offical data. Anybody with a high school degree would say that the reports and data provided have zero value since they are not complete.

    How do we get the right kind of information from USCIS?
    Here are the steps

    a) Send letters to the Dept chief asking for the data we need and wait for 3-4 weeks for a response. ( Data we should ask for, apps pending with PD's and EB category for every month starting from 1998)
    b) Send another letter to the President and copy USCIS chief on that. Wait for another 3-4 weeks
    c) If we do not get any satisfactory information after the previous 2 steps and 2 months of waiting, we should do a relay protest in DC and in front of all the USCIS centers until they provide us with the exact data.

    By doing this we woould have put enough spotlight on USCIS and also our problmes would have got enough coverage in the media. From here we can try and work with the various agencies to push for our other agendas. Now we will have a clearer picture of what the situation is and ask for the right things. At the same time the agencies will have the better information with them to look in to our issues.

    Comments are welcome.



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  • mirage
    03-26 08:59 AM
    I don't know how you have calclated that. As far as I remember seeing various threads on this forum, there are atleast 5-6K EB3 in 2002 and similar number in 2003 for India. Considering 2.5 number used per family I an guessing we need atleast 20-25K Green card numbers for EB3 to move beyond 2003. With just 3300 EB3 available per year, my guess is it'll take 4-5 years for cuttoff dates to go past 2003. I may be pesimistic, but this country's immigration system has taking all optimism out of our American dream...
    EB3-India with PD 2003 and before - Most will be out by December 2008 -
    Perhaps 10% may still rot in NC further.
    EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
    Perhaps 20% may still rot in NC
    further.
    EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
    Perhaps 5% may still rot in NC
    further.
    EB3-India May 2005 Onwards - Can not predict - It is good to look for other
    options and that option certainly MUST not
    be switching to EB2




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  • CADude
    10-12 07:00 PM
    Please send details with scaned delivery proof to Email: "PublicAffairs, CISOmbudsman" <CISOmbudsman.Publicaffairs@dhs.gov>. This will help him to go to bottom of issue. Step has to taken to avoid this in future. my 2 cents..



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  • Humhongekamyab
    08-18 12:43 PM
    I have a question from members who are getting ADIT Processing message. When did you file your I-485's? I am trying to figure out if USCIS is approving cases for those who filed recently w/o waiting for the ADIT or is it that the case was filed long time back and the previous ADIT has expired.

    Thanks!




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  • coloniel60
    06-11 01:17 PM
    When I asked my employer to send me an employment letter so that I can file my I-485 application on my own, my employer insisisted that I mail him all the I-485 documents and a check for $2500 on his name and that he will add the employment letter and mail the application to USCIS.

    Apart from gaining $1000 (2500 I sent him - 1500 for I-485 fees) does the employer benifit anything by mailing the application himself. Am I correct in assuming that I will receive the receipt notice even if the employer mailed the application to USCIS (He is not using a lawyer to represent me)? :confused: :confused: :confused:



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  • fetch_gc
    09-27 09:23 AM
    Still waiting for receipts for all 6 of them.
    Please see signature for more details.




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  • Raju
    07-02 09:59 AM
    My attorney sent me an email yesterday that my application along with some others applications were filed and they will reach USCIS on July 2nd. They did not send me the tracking number as they are busy working on other cases. I am glad that they filed it and I am happy that thier priorities are right(apply as many as they can ASAP). So, I think my application will reach there sometime today.




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  • luckylavs
    10-04 11:22 AM
    strange.. my appliaction was sent aug 6th and no news so far ... i am worried as i have travel plans to india..

    anybody in the same boat ...




    GCStatus
    09-16 04:40 PM
    Folks

    First of all, ask yourself the following points before continue reading.

    1. Do I need a Green card at ANY cost ( Any cost = Waiting for yrs, Not willing to risk any other options, afraid to raise issues, not pinpointing flaws )

    2. Willing to fight for justice.

    If you chose the option 1, please stop reading further and good luck.

    For the option 2, here we go.I am new to this web site and it seems there are approx 70k people here and lot more outside. Hugh enough to create miracles.

    Just to remind ourself who we are. We are Highly skilled LEGAL immigrants. It not only means we are skillful but it also means we pay every damn tax which is out there. We pay for welfare. We pay for unemployed. We pay for pensioners. List goes on. We pay fees for every application processed by USCIS ( Labor, I-140,I-485,I-765,I-131 etc etc ). We pay rent. We buy cars. We buy houses. In short, we are nothing but GOLD to this economy.

    However, this one department called USCIS is literally toying with us for yrs now as if we are slaves or we are obligated to them. We dont want anyone to do us any favour. We need justice.

    Friends - I have self respect and i wasn't born chanting Green Card. I AM going to face them, confront them, demand them to provide justice, if not I want them to REFUND every penny i have paid so far. If this "I AM" becomes "WE", half the battle won. TOGETHER WE STAND, VICTORY/JUSTICE FOR ALL. If you are still hesitant, you made a bad choice of choosing option 2. Please go back to option 1.

    ITS ABOUT TIME.




    asdqwe2k
    06-27 03:06 PM
    I am really surprised that you guys are contemplating on going against your employer for a employment letter and filing your GC. I mean, how hard is it for you guys to agree to the terms of your employer that you will work till you get your GC and upto 6 months beyond that..

    If you guys came before 2001-2002 and seen how the situation was for green card filers you will now what I am talking about..

    1. There was no concurrent filing of I-140/485
    2. There was no premium processing for Labor
    3. There was no premium processing for I-140
    4. There was no AC-21, so there is no way of switching jobs..

    Still it used to take 4-5 years to get a GC.

    And you guys are complaining about your employer because you worked for 1-2 years and you want to quit as soon as you get EAD..

    Just imagine what would have happened if the dates were not CURRENT.. How many more years you would have worked, cursing USCIS

    Your greed will ruin you in future, just like you are cursing your employer's greed..

    Also, before you curse your employer, it was you who joined the company and you had many months to find out what kind of employer you have and it quit the company long time back.. You could have switched to different company long time back..



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