jhaalaa
01-13 01:39 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.
Its my view and others can differ. I respect all opinions and am thankful to all because it helps improve my reasoning, mutual respect and tolerance abilities.
Back to the subject,
My earlier post on first page this thread has some action items - can anyone here take the lead and convince an attorney to take up the cause?
My cheque shall be sent as soon as the ball gets rolling.
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.
Its my view and others can differ. I respect all opinions and am thankful to all because it helps improve my reasoning, mutual respect and tolerance abilities.
Back to the subject,
My earlier post on first page this thread has some action items - can anyone here take the lead and convince an attorney to take up the cause?
My cheque shall be sent as soon as the ball gets rolling.
stucklabor
03-18 12:38 PM
Appu, I found it! Frist's bill says that for foreign applicants with advanced degrees in STEM from an accredited US grad program (no matter when they graduated), notwithstanding the applicant's eligibility for US permanent residence, the applicant can file for adjustment of status if the applicant has an immigrant petition filed under one of the EB categories.
This means that the applicant does not have to undergo labor certification at all! This is because for a person that wants to work in the US is only eligible for US permanent residence if the applicant undergoes labor cert.
See p. 217 of S2454, lines 8-9. This applicant is still subject to the quotas and has to wait for a visa number for approval of adjustment of status.
Both bills allow "special handling" for applicants with advanced degrees who have worked in the US for three years. I am confused about how exactly that works. My brother-in-law is a college prof and he had to go thru PERM labor cert, though they used the results of his original recruitment and didn't have to file fresh ads. So I am not sure if the "special rule labor cert" in 8 USC 1182 (a)(5)(A)(ii) directly relates to Schedule A.
But these applicants don't have to wait for a visa number and are exempt from the quota.
An applicant with a US grad STEM degree and 3 years experience probably can go right to I140/485 concurrent without labor cert and is not subject to Labor cert or any quota.
Yeah, that's the tricky part. I think all professions that require advanced
degrees in STEM have been classified (by Section 406) as Schedule A.
Which means you file ETA form 9089 directly to USCIS NOT to the DOL.
That's the "special labor certification" that the Specter mark-up refers to.
The PACE act doesn't have this provision - it excludes future F4 visa graduates from labor certification but says nothing about the current advanced degree holders. Frist's bill seems to exempt all those with advanced degrees and are employed in their field of expertise from going to the DOL for certification. Plus, if you have been employed for 3 years or more, then the quota doesn't apply and you get a visa number right away.
This means that the applicant does not have to undergo labor certification at all! This is because for a person that wants to work in the US is only eligible for US permanent residence if the applicant undergoes labor cert.
See p. 217 of S2454, lines 8-9. This applicant is still subject to the quotas and has to wait for a visa number for approval of adjustment of status.
Both bills allow "special handling" for applicants with advanced degrees who have worked in the US for three years. I am confused about how exactly that works. My brother-in-law is a college prof and he had to go thru PERM labor cert, though they used the results of his original recruitment and didn't have to file fresh ads. So I am not sure if the "special rule labor cert" in 8 USC 1182 (a)(5)(A)(ii) directly relates to Schedule A.
But these applicants don't have to wait for a visa number and are exempt from the quota.
An applicant with a US grad STEM degree and 3 years experience probably can go right to I140/485 concurrent without labor cert and is not subject to Labor cert or any quota.
Yeah, that's the tricky part. I think all professions that require advanced
degrees in STEM have been classified (by Section 406) as Schedule A.
Which means you file ETA form 9089 directly to USCIS NOT to the DOL.
That's the "special labor certification" that the Specter mark-up refers to.
The PACE act doesn't have this provision - it excludes future F4 visa graduates from labor certification but says nothing about the current advanced degree holders. Frist's bill seems to exempt all those with advanced degrees and are employed in their field of expertise from going to the DOL for certification. Plus, if you have been employed for 3 years or more, then the quota doesn't apply and you get a visa number right away.
gk_2000
03-27 10:14 AM
In real life, when resources become less and scarce - even blood relatives fight and kill each other. We here don't even know each other.
Joker from "The Dark Knight" said the same thing. Leave this pattern of thinking. United we stand and divided we fall. I am not talking ONLY to you here.....
Joker from "The Dark Knight" said the same thing. Leave this pattern of thinking. United we stand and divided we fall. I am not talking ONLY to you here.....
webm
06-04 12:32 PM
Smarboy75,
bekugc statements above make sense..think about it..
Discuss the same with your attorney as well to get more clear picture..
bekugc statements above make sense..think about it..
Discuss the same with your attorney as well to get more clear picture..
more...
justAnotherFile
06-24 11:57 AM
The staffer was freindly and aware of the 3 bill numbers.
She politely took down my message. I politely requested his support and mentioned that I believe his support was crucial to get the bills passed.
She politely took down my message. I politely requested his support and mentioned that I believe his support was crucial to get the bills passed.
vikki76
03-05 12:28 AM
Let's see if giving them 5K brings more transparency..seems like a good idea about pooling in money
more...
sunny1000
06-29 03:37 AM
<<<<< please call >>>>>
karthiknv143
07-06 07:12 PM
Bump>>>>>>>>>>>
more...
saloni
06-25 11:54 PM
I sent my EAD paper file on 29th May to TSC. I received my EAD's today for 1 year. Cutoff date for 2 year is 30th june.
mirage - Did you paper file or e-file. Did you use USPS or Private courier to send to TSC.
mirage - Did you paper file or e-file. Did you use USPS or Private courier to send to TSC.
silibili
06-01 10:33 AM
$50 via Paypal,
Receipt ID: 1511-6903-0099-6962
Receipt ID: 1511-6903-0099-6962
more...
Abhinaym
01-14 03:14 PM
you are half right, the country quota laws were put much earlier than the off shoring companies, but remember that the retrogression only started in the last 10 years when those companies came in the picture and skewed the lines .. that's ur cause and effect!
I am in software and would be satisfied with resticting this rule to the software field, but feasibility wise, rules won't get micro-tailored this way.
I always tell myself i shouldn't go on with the discussion, but here i go again..
any 12 step process to quit?
So what? Just because they came and skewed the lines doesn't mean you can choose where you're born or when. the rule is unfair wihtout any reason. there is no graceful solution short of removing the quotas. anyway I doubt fairness is the reason you're so fond of this quota.
Here's a one step way to quit.
1. Accept that the reason you're defending this useless rule is that it benefits you.
I am in software and would be satisfied with resticting this rule to the software field, but feasibility wise, rules won't get micro-tailored this way.
I always tell myself i shouldn't go on with the discussion, but here i go again..
any 12 step process to quit?
So what? Just because they came and skewed the lines doesn't mean you can choose where you're born or when. the rule is unfair wihtout any reason. there is no graceful solution short of removing the quotas. anyway I doubt fairness is the reason you're so fond of this quota.
Here's a one step way to quit.
1. Accept that the reason you're defending this useless rule is that it benefits you.
FinalGC
07-07 01:03 PM
Please be considerate to your good employer and good attorney of yours. You do not want to burn bridges, when you leave. Give them at least 2-3 weeks notice. That is the least or at least work with them for 6 months since that is what the law would require you after getting GC.
more...
vjkypally
11-15 01:31 PM
Flower campaign wasnt started by iv (atleast not by the seniors), it slowly gathered momentum on its own and produced results. After seeing this bulletin I ve lost hope in all this lobbying and stuff. We need publicity and more of it. Fasting for a day if organized by iv could bring more results.
saravanaraj.sathya
07-18 09:04 AM
I also have the same issue. Can we get some help on resolving this. I think USCIS should accept with some proof that I-140 is already filed.
more...
aya2004
06-08 06:20 PM
It seems that before breathing a little bit easier, here we go again !
http://www.msnbc.msn.com/id/19116108/
http://www.msnbc.msn.com/id/19116108/
Caliber
04-10 03:53 PM
The frog has lived generation by generation in that small pond. But it did not drink the pond. The pond has not dried up, nor has it become unbearable for the frog to migrate or look for fresh water sources elsewhere. U r like one of those frogs who thinx the pond is the entire world :D. What an idiot!!!
Are you telling your story to every one on this forum that you are a Frog and Idiot?
Which law firm are you representing?
Are you telling your story to every one on this forum that you are a Frog and Idiot?
Which law firm are you representing?
more...
reedandbamboo
06-24 12:12 PM
I just called .. as folks have been reporting, the aide knew what I was calling about and read the bill numbers to me. And then she encouraged me to call my representative as well.
Thanks IV!
Thanks IV!
sanjay02
06-25 04:29 PM
Mirage
What date did u send your EAD ? Which was your service center? I sent mine to NSC my receipt date is 6/3/08
What date did u send your EAD ? Which was your service center? I sent mine to NSC my receipt date is 6/3/08
iwantlabor
06-14 08:54 AM
Good news for some and not so good news for others. I have been waiting for my labor for last 4 years and have still not got the approval on hand. So I am not ready to apply for 485. Where as a friend of mine who came to US last year and applied for labor through perm 2 months back has his approved labor and can apply for 485. I feel this is kind of unfair. The dates should have progressed slowly but steadily instead of trying to create a mad rush now.
krishmunn
03-26 12:31 PM
, 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
In many cases the question is NOT about qualification of the applicant but the policy of the company -- lump all in EB3 so that the employee stick to company endlessly. If you think porting is unfair, Citizens and LPRs think H1B and entire EB GC process is unfair ...
Disclaimer: I have Never filed in EB3 . My first and only filing is in EB2.
BTW. they will create a big retrogression for EB2 then EB2 people have to port to EB3
In many cases the question is NOT about qualification of the applicant but the policy of the company -- lump all in EB3 so that the employee stick to company endlessly. If you think porting is unfair, Citizens and LPRs think H1B and entire EB GC process is unfair ...
Disclaimer: I have Never filed in EB3 . My first and only filing is in EB2.
gapala
03-20 08:12 PM
The H1B visa belongs, in effect, to the company that sponsors it. You cannot work for any other company on that visa other than sponsor. If this is a transfer, then, In a so-called "visa transfer" what actually happens is that the initial visa is cancelled in favor of another one issued for the new employer. What that means is OP's work with old employer is considered as "unauthorized work". Do not consider this as illegal presence, as his legal presence is controlled by a valid I-94.
you never worked for X and has been working w/o break with #2 ... u said, I believe.
Write to USCIS simple explanation and show a proof such as HR letter stating your presence on active payroll continusly for all the term and run it through attorney, if you have. Else put together logically framed chronologically ordered history. Attach W2's for the years and demonstrate un-broken timeline.
If their is nothing to hid or falsify, ... don't worry about anything. Good news is your case is active. People here ( no offense to anyone) will split hairs trying to answer simple issue. Keep it simple and truthfull and nothing adverse will happen.
I hope you assume this as a new H1B not a transfer or else your post is wrong.
As long as you have had a valid h1b peition approved for employer 1 and employer 2 while you worked for them you are FINE.
According to my lawyer there is nuthing like a h1b transfer. When someone decides to move to a new sponsor that new sponsor files for a h1b via the petition but nuthing gets transfered, they need to refer to old h1b just to prove thatyou are legal and have been maintaining legal status.
Really?
in your case Employer X did so but you never joined that employer so you are fine. USCIS can get back to that emplyer if they have not cancelled your h1b as they are liable to pay you by law. Pay him? Correct, only if OP work for them :) Employee "no show" is not considered as employer problem, han he had to cancel the H1. !:)
For real as you had an approved petition (latest but not the greatest) from Employer X but did not join them you are fine as long as you were still holding a valid petition with Emp # 2. You should respond back to RFE stating that you were maintaining stauts via emp#2 and were offered a job by EmpX which you never accepted. As a proof you should sen copies of pay stub for enitre period and w-2 + peition and visa copies.
Hope this helps!:)
Once the H1 transfer application is approved, Employer 2 is not considered as sponsor but employer X. Hence work with Employer 2 is not authorized.
Note H1 to L1, H4 to H1, L1 to H1 is completely different, it is change of status - H1 to H1 is not change of status, Correct, but its a change of sponsor and new sponsor is X.
so there is no question that you recent h1 is valid (Employer X after transfer) and past is invalid (employer #2) . I cannot agree with you more on this., but this is opposition to your earlier suggestion (see in red). Get an attorney, Good weekend !:)
you never worked for X and has been working w/o break with #2 ... u said, I believe.
Write to USCIS simple explanation and show a proof such as HR letter stating your presence on active payroll continusly for all the term and run it through attorney, if you have. Else put together logically framed chronologically ordered history. Attach W2's for the years and demonstrate un-broken timeline.
If their is nothing to hid or falsify, ... don't worry about anything. Good news is your case is active. People here ( no offense to anyone) will split hairs trying to answer simple issue. Keep it simple and truthfull and nothing adverse will happen.
I hope you assume this as a new H1B not a transfer or else your post is wrong.
As long as you have had a valid h1b peition approved for employer 1 and employer 2 while you worked for them you are FINE.
According to my lawyer there is nuthing like a h1b transfer. When someone decides to move to a new sponsor that new sponsor files for a h1b via the petition but nuthing gets transfered, they need to refer to old h1b just to prove thatyou are legal and have been maintaining legal status.
Really?
in your case Employer X did so but you never joined that employer so you are fine. USCIS can get back to that emplyer if they have not cancelled your h1b as they are liable to pay you by law. Pay him? Correct, only if OP work for them :) Employee "no show" is not considered as employer problem, han he had to cancel the H1. !:)
For real as you had an approved petition (latest but not the greatest) from Employer X but did not join them you are fine as long as you were still holding a valid petition with Emp # 2. You should respond back to RFE stating that you were maintaining stauts via emp#2 and were offered a job by EmpX which you never accepted. As a proof you should sen copies of pay stub for enitre period and w-2 + peition and visa copies.
Hope this helps!:)
Once the H1 transfer application is approved, Employer 2 is not considered as sponsor but employer X. Hence work with Employer 2 is not authorized.
Note H1 to L1, H4 to H1, L1 to H1 is completely different, it is change of status - H1 to H1 is not change of status, Correct, but its a change of sponsor and new sponsor is X.
so there is no question that you recent h1 is valid (Employer X after transfer) and past is invalid (employer #2) . I cannot agree with you more on this., but this is opposition to your earlier suggestion (see in red). Get an attorney, Good weekend !:)
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