GCwaitforever
11-16 03:03 PM
This is the section in EEOC web site.
Coverage of foreign nationals
Title VII and the other antidiscrimination laws prohibit discrimination against individuals employed in the United States, regardless of citizenship. However, relief may be limited if an individual does not have work authorization.
As per legal definition, H-1B holders have work authorization. I am not sure of the extent of rights of H-1B holders, but people holding unrestricted EAD can definitely sue.
Coverage of foreign nationals
Title VII and the other antidiscrimination laws prohibit discrimination against individuals employed in the United States, regardless of citizenship. However, relief may be limited if an individual does not have work authorization.
As per legal definition, H-1B holders have work authorization. I am not sure of the extent of rights of H-1B holders, but people holding unrestricted EAD can definitely sue.
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dingudi
11-10 12:45 PM
So there seem to be lot more people from July filer category than I thought who have not received FP notice.
My Info
485 July2nd , ND sept 10,2007
No FP
opened SR on Oct 8,2007
No use of SR until today.
My Info
485 July2nd , ND sept 10,2007
No FP
opened SR on Oct 8,2007
No use of SR until today.
pd_recapturing
06-19 03:21 PM
What if you apply 485 on your own and then, employer fires you just because, you did not abide by his rule. What would happen in that case ? I guess, in most of the cases where employer is creating problem with 485 filing, ppl might not be wanting to go on their own due to above mentioned problem.
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nefrateedi
07-19 11:06 AM
This is what you can do - Both in Mumbai and in Delhi, you have USCIS approved doctors who help people going through CP. In other words those who choose to go through emp based CP or family based Green Card which US embassy issues, go through Indian hospitals in Mumbai and Delhi. I think Gangaram in Mumbai has this facility. Ask your wife to get it done from there. Do not wait till the last moment, as someone pointed out, a slight delay in flight could............
Note that for employment based adjustment of status cases, the medicals ABSOLUTELY have to be done in the US by a USCIS approved civil surgeon. One can get the immunizations done in their home country, however the exam has to be done in the US.
Note that for employment based adjustment of status cases, the medicals ABSOLUTELY have to be done in the US by a USCIS approved civil surgeon. One can get the immunizations done in their home country, however the exam has to be done in the US.
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kumar1
08-21 05:46 PM
When I was trying to file in EB-2, this was the first question that I asked me lawyer -- No matter what, I do not want to get my pending EB-3 case to get in trouble. His answer was -- These two are going to be totally isolated cases. A person can have multiple pending green card applications. Heck, one can have one application in EB category and the second one in FB category. Having two cases together in EB category is fine and the outcome of EB-2 case at any stage would not effect EB-3 case at all. (Again, if USCIS finds that you are in some sort of fraud then it is all together a different case).
What you should not do (coming from lawyer) is do not file two sets of I-485. That is going to screw up your case.
Another suggestion that lawyer gave me and I did not follow is -- Let us say your EB-3 I-140 is pending and you and your wife have EAD and AP. When you start a new EB-2 process, during the I-140 stage, take CP route (Counselor Processing). This is best of both the worlds. You have EAD and AP from EB-3 petition and you are requesting for CP for your EB-2 application. As soon as your dates become current, you will be notified to go to your home country US embassy. Go there with family, get everything done and come back to the US with GC. If S*H*I*T happens there (Which is rate), come back with AP (derived from EB-3 application) and you are back to where you were. By doing this, you just eliminated two things -
1. Interfile is a tricky process. If you could avoid it, avoid it.
2. When dates become current, US embassy would surely look in your case. That process is far better than USCIS + I-485.
Negative point of this route is - you need to make a trip to your home country on a short notice.
Once again, good luck to you all. Just, do not do anything illegal to get GC. Do whatever is permissible under the law and do not even believe your lawyer. Do your own homework.
Hi All,
I am looking to change my employer, i am on H1B but have EAD approved (EB3 :(). i am looking for some guidance in terms of talking points with prospective employers and convince them to re-file my labor/I-140 in EB2, my PD is May 2005 with current employer.
i have just once concern (well more of clarification than a concern):
- if i convince my prospective employer to go thru EB2 Process, do i need to go to EAD (AC 21) with this new employer or jump on H1?
- if they re-file my labor/i-140 in EB2 how does any RFW/issues impact my EB3 status?
i may have few terminologies wrong so apologize for that.
will appreciate a response.
Thanks
What you should not do (coming from lawyer) is do not file two sets of I-485. That is going to screw up your case.
Another suggestion that lawyer gave me and I did not follow is -- Let us say your EB-3 I-140 is pending and you and your wife have EAD and AP. When you start a new EB-2 process, during the I-140 stage, take CP route (Counselor Processing). This is best of both the worlds. You have EAD and AP from EB-3 petition and you are requesting for CP for your EB-2 application. As soon as your dates become current, you will be notified to go to your home country US embassy. Go there with family, get everything done and come back to the US with GC. If S*H*I*T happens there (Which is rate), come back with AP (derived from EB-3 application) and you are back to where you were. By doing this, you just eliminated two things -
1. Interfile is a tricky process. If you could avoid it, avoid it.
2. When dates become current, US embassy would surely look in your case. That process is far better than USCIS + I-485.
Negative point of this route is - you need to make a trip to your home country on a short notice.
Once again, good luck to you all. Just, do not do anything illegal to get GC. Do whatever is permissible under the law and do not even believe your lawyer. Do your own homework.
Hi All,
I am looking to change my employer, i am on H1B but have EAD approved (EB3 :(). i am looking for some guidance in terms of talking points with prospective employers and convince them to re-file my labor/I-140 in EB2, my PD is May 2005 with current employer.
i have just once concern (well more of clarification than a concern):
- if i convince my prospective employer to go thru EB2 Process, do i need to go to EAD (AC 21) with this new employer or jump on H1?
- if they re-file my labor/i-140 in EB2 how does any RFW/issues impact my EB3 status?
i may have few terminologies wrong so apologize for that.
will appreciate a response.
Thanks
seahawks
03-30 01:47 AM
I am trying to get more people from WA state to join me in meeting with lawmakers. My wife has posted more information in some communities and intend s to post more.
http://www.orkut.com/CommMsgs.aspx?cmm=21143483&tid=2523746237981000673&na=4
I would suggest everyone to spread the word around, lets get the ball rolling and meet with lawmakers and get our point across.
http://www.orkut.com/CommMsgs.aspx?cmm=21143483&tid=2523746237981000673&na=4
I would suggest everyone to spread the word around, lets get the ball rolling and meet with lawmakers and get our point across.
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KanME
08-29 11:15 AM
Members planning to attend the meetings Please email your details asap to lobbyday@immigrationvoice.org . Thanks to those who have already done that...
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Bthram
06-06 09:06 AM
What reason did you give for declining this promotion? what kind of company is this ? how big ? would your salary increase ?
Maybe if you answer this, I could think of something..but as of now..if its a good company and you like it..explain to them the nitty gritties about how change in occupation, classification, salary etc would jeopardize your GC process...i can give more suggestions if you want to send me a PM..
Congrats on the promotion tho..:)
Answers to the questions above:
1. The company is a Manufacturing company.
2. They have 17,000 employees.
3. Yes. Salary has changed but not significantly.
Maybe if you answer this, I could think of something..but as of now..if its a good company and you like it..explain to them the nitty gritties about how change in occupation, classification, salary etc would jeopardize your GC process...i can give more suggestions if you want to send me a PM..
Congrats on the promotion tho..:)
Answers to the questions above:
1. The company is a Manufacturing company.
2. They have 17,000 employees.
3. Yes. Salary has changed but not significantly.
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styrum
07-16 11:26 PM
After getting the EAD/AP within three months, I don't think our problem is solved already. We will be at certain point in time be in the same situation as the poster above.
Who told you that you will get EAD/AP in three months. Nothing will prevent USCIS to develop backlogs in EAD/AP too now. "Oh there were so many filed in June/July so that we can't process them that fast anymore...":cool:
Who told you that you will get EAD/AP in three months. Nothing will prevent USCIS to develop backlogs in EAD/AP too now. "Oh there were so many filed in June/July so that we can't process them that fast anymore...":cool:
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mirage
02-04 03:16 PM
You can join our group and throw this idea, if 15 other in the group agree to it, it will fly...Atleast guys come forward to do something, what we should do we'll decide...Instead of asking for removing, perhaps asking for making it in ratio of country sizes might be more palatable. Note that Nepal has same numeric quota as China. I don't know how you can influence or initiate such changes, though.
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jsb
01-14 11:01 AM
Tired of waiting ( PD: August 2001) I finally wrote to both my local congressman and Senator today. My senator is on senate Immigration commitee so lets see what happens. Hopefully something will move.
If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.
Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)
USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. "Receive Date" is not what you see on your receipt, it is the date they physically received the case on (thus if case is moved from one center to another, true Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".
PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.
If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.
Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)
USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. "Receive Date" is not what you see on your receipt, it is the date they physically received the case on (thus if case is moved from one center to another, true Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".
PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.
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GCInThisLife
07-19 12:11 PM
I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on USCIS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on USCIS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
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H4_losing_hope
02-27 08:22 PM
Since the CP guys are in minority here , if IV has to invest for them (read we all have to pay for them ) let us see how much they can contribute for their own provision. Let us see if each one of them contribute more than 500 dollars to IV and posts the paypal number.
Why should majority allow a provison for some minority who do not even want to first contribute.
Guys let's all take a break on this discussion before it offends more people. IV is a place for everyone. As far as I am concerned we are all equal and all in this together. Please everyone contribute your letters, time, and financial support and give each other some respect. It is impossible and wrong to generalize and doesn't do the IV cause any good. Thank you.
Why should majority allow a provison for some minority who do not even want to first contribute.
Guys let's all take a break on this discussion before it offends more people. IV is a place for everyone. As far as I am concerned we are all equal and all in this together. Please everyone contribute your letters, time, and financial support and give each other some respect. It is impossible and wrong to generalize and doesn't do the IV cause any good. Thank you.
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waitingnwaiting
11-12 09:45 AM
That means Eb-2 I screwed....for several months.
God bless all our Eb2-I guys.
They are very much better off now. Their dates will be all current in one-two years. We in EB3 have to wait 20 years. So couple of month wait is nothing.
God bless all our Eb2-I guys.
They are very much better off now. Their dates will be all current in one-two years. We in EB3 have to wait 20 years. So couple of month wait is nothing.
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Dhundhun
01-26 06:42 PM
This type of clause is to protect employer for one year. Usually, it is not only trainig cost, it is business also.
You can seek legal protection, complain USCIS and so on. When an employee joins contracts are for 12 months, when you work on niche technology, it will be confidentiality agreement for 2-3 years, and so on. Mostly they are goodwill agreements. If you have problem in signing for this 12 months, how would you be signing technology related agreements?
I have seen business to business relationship broken due to employee running away from clients location. In the begining, even if formal training is not there, clients do compromize to bring to speed. Most of the consultant placements are business to business chains.
Do you intend to break before 12 months?
I have signed for confidentiality contracts up to 5 years, and refused to sign, when wanted not to honour contract, thereby not working for those clients.
If possible avoid troubles otherwise, you already have several suggestions.
You can seek legal protection, complain USCIS and so on. When an employee joins contracts are for 12 months, when you work on niche technology, it will be confidentiality agreement for 2-3 years, and so on. Mostly they are goodwill agreements. If you have problem in signing for this 12 months, how would you be signing technology related agreements?
I have seen business to business relationship broken due to employee running away from clients location. In the begining, even if formal training is not there, clients do compromize to bring to speed. Most of the consultant placements are business to business chains.
Do you intend to break before 12 months?
I have signed for confidentiality contracts up to 5 years, and refused to sign, when wanted not to honour contract, thereby not working for those clients.
If possible avoid troubles otherwise, you already have several suggestions.
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Ramba
08-07 06:04 PM
Can you back date your marriage during marriage registration?
This is called fraud. Dont advise fradulnant practice. If they find, the sufferer is not you.
Student visa also is not an ideal option. If consulate finds that the spouse is a LPR, they will deny the student visa, as student visa is a pure non-immigrant visa.
This is called fraud. Dont advise fradulnant practice. If they find, the sufferer is not you.
Student visa also is not an ideal option. If consulate finds that the spouse is a LPR, they will deny the student visa, as student visa is a pure non-immigrant visa.
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illinois_alum
09-30 01:39 PM
Hi folks,
Need some help.
During e-filing of AP, certify page has a TITLE field. Any ideas what needs to be filled in it ?
I am filing I-131 for myself and spouse.
Thanks
Title field is for your title or how would you like USCIS to address the applicant as...Mr/Ms/Mrs/Dr etc...
Need some help.
During e-filing of AP, certify page has a TITLE field. Any ideas what needs to be filled in it ?
I am filing I-131 for myself and spouse.
Thanks
Title field is for your title or how would you like USCIS to address the applicant as...Mr/Ms/Mrs/Dr etc...
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h1vegas
06-01 11:22 AM
Voted yes
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brawn81
05-12 11:54 AM
Obama playing games with immigration - CNN.com (http://www.cnn.com/2011/OPINION/05/12/navarrette.immigration.obama/index.html?hpt=T2)
pady
08-20 09:57 PM
I am not with them anymore, I transfered my H1 to another company already. i just need to find out the way how to file a complaint and proceed further.
Shirdibaba
11-03 11:54 AM
Hi, we have approved EAD and I 485 Pending.When called to find about the case they send the leter which says---
The status of the service request is: ur case is on holf becoz u appear 2 b inadmissible under the current law.Rather than denying ur application based on inadmissibilty,we r placing ur case on hold while the dept of homeland sec considers additional xcercise of the Sec of Homeland security's discretionary xemption authority.Such an xcercise of xemption might allow us to approve ur case"........................PLS ADVICE .What happend to ur case?What did ur lawyer advice.I have taken an appt. wt my lawyer but he is out of town and seems it will take sometime...
The status of the service request is: ur case is on holf becoz u appear 2 b inadmissible under the current law.Rather than denying ur application based on inadmissibilty,we r placing ur case on hold while the dept of homeland sec considers additional xcercise of the Sec of Homeland security's discretionary xemption authority.Such an xcercise of xemption might allow us to approve ur case"........................PLS ADVICE .What happend to ur case?What did ur lawyer advice.I have taken an appt. wt my lawyer but he is out of town and seems it will take sometime...
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