gc28262
06-28 11:35 AM
desi,
All the points you mentioned are valid and sensible from a business perspective.
However if someone takes the company to court based on "Immigration Reform and Control Act of 1986" vs hiring an H1B, how can the company legally defend itself against this law ?
All the points you mentioned are valid and sensible from a business perspective.
However if someone takes the company to court based on "Immigration Reform and Control Act of 1986" vs hiring an H1B, how can the company legally defend itself against this law ?
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ItIsNotFunny
09-15 01:02 PM
you got my support chief
Come up with the plan commander!
Come up with the plan commander!
tushbush
05-23 05:55 AM
Sent to 11 (one is common).
Cheers
Cheers
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amitjoey
05-23 01:42 PM
Sorry Guys........wrongly posted my 'called senators' in this thread.
Thanks Amit.
No problem.
Thanks Amit.
No problem.
more...
makemygc
07-02 08:52 AM
Sent on Jun 29 using USPS through 2 days priority.
Does anyone know how to figure out if USPS has received the packet? Site only tells that shipping info was received on Jun 29.
Does anyone know how to figure out if USPS has received the packet? Site only tells that shipping info was received on Jun 29.
485Mbe4001
12-12 05:44 PM
good call, i hope he replies. Please post the response you receive from the senator on this thread.
[QUOTE=GCwaitforever]
Coming to the SKIL bill and Sen. Sessions, I am mailing my story to him at http://sessions.senate.gov/email/contact.cfm. Hopefully, he will come around and support immigration reform.
Dear Senator Sessions,
I am a legal immigrant living in this country from 1995. I have been paying ...
[QUOTE=GCwaitforever]
Coming to the SKIL bill and Sen. Sessions, I am mailing my story to him at http://sessions.senate.gov/email/contact.cfm. Hopefully, he will come around and support immigration reform.
Dear Senator Sessions,
I am a legal immigrant living in this country from 1995. I have been paying ...
more...
sandy_77
09-15 08:12 AM
For those who doubt that a definitive initiative is needed for the Legal immigrant community, may I humbly remind them of the most basic and the most important phrase of the US Constitution..."Every human being has the right to Life, Liberty and the Pursuit of Happiness". What has been happening with all this memos and counter-memos and visa bulletins from the USCIS and the DOS is a denial of our basic human rights...first as Human beings and then as Legal Immigrants. Friends we can possibly build a strong case based on the informed readings of the US Constitution and Law. We have done nothing wrong to get such treatment buy these departments. We have followed every law and requirement that the US Immigration Law has prescribed but because of the sheer number of immigrants from India and China we are being disadvantaged and discriminated by the US Congress, certain laws and by these departments. It is not a legal immigrants fault that the US Law does not limit the F1 visas issued in a year by country and the number of jobs applied under H1b program by country. The endless delays in the GC process clearly disadvantages the legal immigrant community from large countries like India and China compared with legal immigrants from other countries and even US citizens. They clearly cannot pursue their dreams of prosperity, career advancement, security (for himself and family via education, jobs and homes) and overall happiness. Justice delayed is nearly always denied.
An Immigration Attorney and Constitutional Lawyer can build a clear case for us. For reference on human rights, please follow these links:
http://www1.umn.edu/humanrts/oasinstr/zoas2dec.htm
http://en.wikipedia.org/wiki/United_States_Bill_of_Rights
http://en.wikipedia.org/wiki/Life,_liberty_and_the_pursuit_of_happiness
An Immigration Attorney and Constitutional Lawyer can build a clear case for us. For reference on human rights, please follow these links:
http://www1.umn.edu/humanrts/oasinstr/zoas2dec.htm
http://en.wikipedia.org/wiki/United_States_Bill_of_Rights
http://en.wikipedia.org/wiki/Life,_liberty_and_the_pursuit_of_happiness
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dtekkedil
07-03 08:05 AM
Can we setup a separate payment account for those willing to contribute to this campaign? It becomes difficult to coordinate if every individual goes on to mail the flowers. Instead we should all contribute to the "send a flower" campaign and then the person in charge of the account should send those flowers (with the note) on a pre-selected date.
It makes things easier for people and they may be more willing to participate!
The other thing is to raise awareness about this campaign! Mail your friends...
It makes things easier for people and they may be more willing to participate!
The other thing is to raise awareness about this campaign! Mail your friends...
more...
swissgear
08-31 12:11 PM
I see the priority date for caydee as March 2006 from the profile.. Does this mean, USCIS has already started processing cases that are going to be current from September 1st??
Yes, looks like it....I saw someone who received recent approval from Apr 04 2006 PD as well
Yes, looks like it....I saw someone who received recent approval from Apr 04 2006 PD as well
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ramus
07-08 07:33 PM
Can you post this on DC thread..
We have so far 46...
count me in. 31 so far.
We have so far 46...
count me in. 31 so far.
more...
WaldenPond
06-28 02:54 PM
Hello arnet,
That is an excellent idea. We are already working closely with USINPAC. Here is some of info about this.
http://immigrationvoice.org/forum/showthread.php?t=576
USINPAC has been very helpful and has played a key role in guiding and helping us. We should all be Thankful to USINPAC for significant help that they have provided us.
AAPI is another group that has been instrumental in getting our provisions in the bill.
We have received positive results from many other groups. But no other group has been able to help us as USINPAC and AAPI.
If anybody has any such suggestion or could provide a lead to any other organization or personality, please let us know. This would help us all.
WaldenPond
That is an excellent idea. We are already working closely with USINPAC. Here is some of info about this.
http://immigrationvoice.org/forum/showthread.php?t=576
USINPAC has been very helpful and has played a key role in guiding and helping us. We should all be Thankful to USINPAC for significant help that they have provided us.
AAPI is another group that has been instrumental in getting our provisions in the bill.
We have received positive results from many other groups. But no other group has been able to help us as USINPAC and AAPI.
If anybody has any such suggestion or could provide a lead to any other organization or personality, please let us know. This would help us all.
WaldenPond
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knnmbd
05-03 12:39 PM
GreeNever,
The only clarification I would make over Knnmbd's interpretation is that as long as you have a US master's degree or higher, the "3 years work experience in a related field" restriction will not apply. If you read section 201 carefully, you will see that the difference between items 1 and 2 is that item 1 refers to US advanced degree holders while item 2 refers to advanced degree holders (resumably non-US educated). The 3 year restriction only applies to those who fall into item #2.
So, if
a) you have a MS from a US university, you and your immediate family (spouse and minor children) will not be subject to the 3 years restriction and will be exempt from the Visa Cap
b) you have a masters or higher from an acredited non-US university, then the Visa Cap will not apply to you and your family, but you shouldd have worked in the US in a "related" field for 3 years.
My question to everyone:
Will folks in section 201 be required to get a Labor certification? If not, then this will provide relief to a lot of us stuck in the BECs.
Knowledgeable folks, please comment.
REMINDER: Any such bill is still MANY months away from seeing the light of day, if at all. BUT, favorable bills such as these give us hope.
GreeNever,
Thanks for the correction. U.S Master's in STEM means there is no need for the 3 years experience.
With regard to LC, there was some talk in PACE and TALENT of a blanket LC for U.S degree in STEM, but that seems to me missing here. But in the larger context of things, who really cares if with a U.S M.S degree you need to just go through PERM and then you are all set without the hassle( or should I say torture) of the retrogression. This is a �WIN WIN� situation for a lot of people if SKIL goes through.
There is no surprise as to why the Advance degree + 3 years (or no 3 years required in case the advance degree is from a U.S university) clause has found its way into PACE, TALENT, SKIL and was not to mention the failed CIR bill. The bottom line is that there is a sudden urgency to reintroduce the charm of pursuing higher education in the U.S. This benefits the U.S in many ways; universities get more international students paying out of state tuition (good for them specially b�cos the war effort has sucked all resources from educational institutions) and rekindle the brain drain from India and China in the form of researchers and engineers who pursue advance degrees and remain to work in the U.S( it will be surprising if there is no one looking at the booming economies of Asian countries mainly due to number of graduation engineers). So it�s a winning situation for both the U.S to attract smart people, make them spend a �lot� of money in paying tuition in U.S schools and hey what the hell give them a GC to live and work here permanently instead of them heading back home to do great things there.
It works for every one so that�s just great.
The only clarification I would make over Knnmbd's interpretation is that as long as you have a US master's degree or higher, the "3 years work experience in a related field" restriction will not apply. If you read section 201 carefully, you will see that the difference between items 1 and 2 is that item 1 refers to US advanced degree holders while item 2 refers to advanced degree holders (resumably non-US educated). The 3 year restriction only applies to those who fall into item #2.
So, if
a) you have a MS from a US university, you and your immediate family (spouse and minor children) will not be subject to the 3 years restriction and will be exempt from the Visa Cap
b) you have a masters or higher from an acredited non-US university, then the Visa Cap will not apply to you and your family, but you shouldd have worked in the US in a "related" field for 3 years.
My question to everyone:
Will folks in section 201 be required to get a Labor certification? If not, then this will provide relief to a lot of us stuck in the BECs.
Knowledgeable folks, please comment.
REMINDER: Any such bill is still MANY months away from seeing the light of day, if at all. BUT, favorable bills such as these give us hope.
GreeNever,
Thanks for the correction. U.S Master's in STEM means there is no need for the 3 years experience.
With regard to LC, there was some talk in PACE and TALENT of a blanket LC for U.S degree in STEM, but that seems to me missing here. But in the larger context of things, who really cares if with a U.S M.S degree you need to just go through PERM and then you are all set without the hassle( or should I say torture) of the retrogression. This is a �WIN WIN� situation for a lot of people if SKIL goes through.
There is no surprise as to why the Advance degree + 3 years (or no 3 years required in case the advance degree is from a U.S university) clause has found its way into PACE, TALENT, SKIL and was not to mention the failed CIR bill. The bottom line is that there is a sudden urgency to reintroduce the charm of pursuing higher education in the U.S. This benefits the U.S in many ways; universities get more international students paying out of state tuition (good for them specially b�cos the war effort has sucked all resources from educational institutions) and rekindle the brain drain from India and China in the form of researchers and engineers who pursue advance degrees and remain to work in the U.S( it will be surprising if there is no one looking at the booming economies of Asian countries mainly due to number of graduation engineers). So it�s a winning situation for both the U.S to attract smart people, make them spend a �lot� of money in paying tuition in U.S schools and hey what the hell give them a GC to live and work here permanently instead of them heading back home to do great things there.
It works for every one so that�s just great.
more...
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zoooom
07-19 07:23 PM
I pledge $100.00
Wait for someone to tell me how to send.
Pls wait. We will decide the mode of payment once we get the final count. Thanks
Wait for someone to tell me how to send.
Pls wait. We will decide the mode of payment once we get the final count. Thanks
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puvathoor
04-22 02:28 PM
If I were in a similar situation, I would be leaning towards taking some action so that they know that they cannot step over the rights.. If they employ a person, pay him as per the law. If they decide to file for GC, then the employer needs to pay for it, per the law.
The problem with walking down the slippery slope of being amicable is that the boldness to stand up for the right thing also starts slipping away.
I like the idea of writing a letter and reminding them of the law. Even if you might not gain (forget the $4Gs for a sec), you will be making the path better for everyone behind you. And that, my friend, is an excellent thing.
The problem with walking down the slippery slope of being amicable is that the boldness to stand up for the right thing also starts slipping away.
I like the idea of writing a letter and reminding them of the law. Even if you might not gain (forget the $4Gs for a sec), you will be making the path better for everyone behind you. And that, my friend, is an excellent thing.
more...
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ramprabhum
07-20 12:04 PM
I am a new member joining the IV team.
Thanks for all the efforts taken by IV core team for our legal immigration problems. I want to contribute some money to reimburse Mr.Aman who had taken excellent efforts for us.
Hats off to you AMAN.
Can anyone guide me on how to make this contribution.
Thanks for all the efforts taken by IV core team for our legal immigration problems. I want to contribute some money to reimburse Mr.Aman who had taken excellent efforts for us.
Hats off to you AMAN.
Can anyone guide me on how to make this contribution.
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rajuseattle
08-15 03:46 PM
My I-140 applied on july 13 2007 at NSC Transferred to TSC on 07/23/2007.
I-485/EAD/AP applied for me and my wife on 08/07/2007 at NSC per USCIS current filing instructions based on area where we live.
LUD 08/12/2007 on I-140.
---------------------------------
EB-3 (India) June 2003
LC (RIR) AD - 05/11/2007
I-140 (NSC) - 07/13/2007 --Transferred to TSC 07/23/2007
I-485/EAD/AP - 08/07/2007 - No receipt
I-485/EAD/AP applied for me and my wife on 08/07/2007 at NSC per USCIS current filing instructions based on area where we live.
LUD 08/12/2007 on I-140.
---------------------------------
EB-3 (India) June 2003
LC (RIR) AD - 05/11/2007
I-140 (NSC) - 07/13/2007 --Transferred to TSC 07/23/2007
I-485/EAD/AP - 08/07/2007 - No receipt
more...
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mirage
03-08 08:38 PM
This is what puzzles me, on one hand you tell us 'You couldn't even begin to imagine how many cases like this there are'....
Which is exactly I have been saying, unless we do something EB3 India could be waiting for a decade or 2...
But on the other hand if I want to address this issue in a manner which could see least resistance, you tells me I'm living in 'Utopia', administrator threatens to 'Ban' me ????
On other hand
There are still lots of cases in eb3 from back that far.
Many of the eb3 245i cases; there dependents were outside USA. Once; they got greencards; then their dependents went for consular processing or are going for consular processing.
One of the cases I worked on ability to pay; person had adopted her nephew so that he could get greencard as dependent. You couldn't even begin to imagine how many cases like this there are.
Which is exactly I have been saying, unless we do something EB3 India could be waiting for a decade or 2...
But on the other hand if I want to address this issue in a manner which could see least resistance, you tells me I'm living in 'Utopia', administrator threatens to 'Ban' me ????
On other hand
There are still lots of cases in eb3 from back that far.
Many of the eb3 245i cases; there dependents were outside USA. Once; they got greencards; then their dependents went for consular processing or are going for consular processing.
One of the cases I worked on ability to pay; person had adopted her nephew so that he could get greencard as dependent. You couldn't even begin to imagine how many cases like this there are.
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senthil1
05-24 01:39 AM
Another reason was IV was relying on skil bill but when point system is used Skil bill does not fit into it. They threw it away. Also skil bill was asking exemptions for MS and STEM apart from increase in numbers(Congress never gave exemption from Cap except spouses of citizens). It might be better with just giving numbers so that only one provision was there. I think now IV is asking only numbers of green card and this campaign has better chance of success(atleast some increase in numbers). But if we focus multiple things(Involving in H1b issues and other smaller issues) at the same time then it may be tough to achieve.
Vijjus, this is coming from a veteran:
There is not such out of touch or education needed to be done. Congressmen are well aware of the plight of legal immigrants way before than immigrationvoice.org dreamed of existence. We fought hard in order to educate congressmen and often their staff played dumb, but again the truth is that they never cared about our plight.
The reality is that this, as usual, is primarily driven by business needs. Major employers such as Bill Gates lobby mainly for H1B numbers increase. Employers are very much aware that H1B staff under pressure can put up and deliver the very long journey of 60-80h/week expected at Microsoft. Yes, Microsoft and many other major employers could easily find qualified US students with two years of experience, skills by the way comparable to what the vast majorities of H1B's offer, but Americans who do not need the H1B would give a finger to any employer who would expect that an American would work 80h/week for 55K/year.
The illegal aliens are being backed by major employers of cheap labor, such as Wall Mart and many others. Illegals also can put extra long hours and therefore they yield more output for less investiment. That's is the reason that US employers seem to fight so consistently to keep them here.
I estimate that immigrationvoice.org efforts do not count for 0.5% of the final result of this bill. As a matter of fact, chances are more we fight and protest, more people will be outrageous and scared and will call *their* congressmen even harder in order to push us out.
For the naive and dreamers out there who are shaking their heads after reading the above and believe that employers cannot find qualified applicants, so just answer this:
How many million dollars per year are the top management of Fortune 500 companies making? The US is not about drastic wages inequalities. This is about paying a fair salary, otherwise we have increasing salary inequality and this should be renamed then to Mexico, India or something like that.
Thanks,
Tito Ortiz
,
Vijjus, this is coming from a veteran:
There is not such out of touch or education needed to be done. Congressmen are well aware of the plight of legal immigrants way before than immigrationvoice.org dreamed of existence. We fought hard in order to educate congressmen and often their staff played dumb, but again the truth is that they never cared about our plight.
The reality is that this, as usual, is primarily driven by business needs. Major employers such as Bill Gates lobby mainly for H1B numbers increase. Employers are very much aware that H1B staff under pressure can put up and deliver the very long journey of 60-80h/week expected at Microsoft. Yes, Microsoft and many other major employers could easily find qualified US students with two years of experience, skills by the way comparable to what the vast majorities of H1B's offer, but Americans who do not need the H1B would give a finger to any employer who would expect that an American would work 80h/week for 55K/year.
The illegal aliens are being backed by major employers of cheap labor, such as Wall Mart and many others. Illegals also can put extra long hours and therefore they yield more output for less investiment. That's is the reason that US employers seem to fight so consistently to keep them here.
I estimate that immigrationvoice.org efforts do not count for 0.5% of the final result of this bill. As a matter of fact, chances are more we fight and protest, more people will be outrageous and scared and will call *their* congressmen even harder in order to push us out.
For the naive and dreamers out there who are shaking their heads after reading the above and believe that employers cannot find qualified applicants, so just answer this:
How many million dollars per year are the top management of Fortune 500 companies making? The US is not about drastic wages inequalities. This is about paying a fair salary, otherwise we have increasing salary inequality and this should be renamed then to Mexico, India or something like that.
Thanks,
Tito Ortiz
,
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desi3933
06-27 12:07 PM
Diptam, Don�t leave the employer but force them to terminate you after 160 days of filing I-485. Don't clear any client interview and force them to pay you salary as it is employers job to give you work. Take rest at home on full salary. A time will come when employer will no longer afford to loose any more money and they will terminate you. Also ask for severance package when they terminate you.
This is not a legal advice just a suggestion
There could be a clause in the agreement that employee to pay the amount if he is fired due to bad performance. however, documenting bad performance for the employee is real headache for the employer. But still it can be done.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
This is not a legal advice just a suggestion
There could be a clause in the agreement that employee to pay the amount if he is fired due to bad performance. however, documenting bad performance for the employee is real headache for the employer. But still it can be done.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
coolngood4u80
02-25 09:31 PM
thanks indigokiwi. The deadline is end of March, but we would like a large amount of this raised much earlier, since it involves making reservations, booking appointments, for Eg. with the lobbyist.
We need to raise about $1000 everyday to meet the goal.
Adding this to post #236
Admins, some anti is going around giving reds to each post of volunteers and donors from 3 days.
could be Plainspeak
We need to raise about $1000 everyday to meet the goal.
Adding this to post #236
Admins, some anti is going around giving reds to each post of volunteers and donors from 3 days.
could be Plainspeak
desi3933
06-26 02:01 PM
EEO does not protect immigration status based discrimination. However Immigration Reform and Control Act of 1986 does protect against discrimination based on immigration status.
https://www.oig.lsc.gov/legis/irca86.htm
SEC. 102. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
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
https://www.oig.lsc.gov/legis/irca86.htm
SEC. 102. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
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
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