but isnt this the reason for LC advertising? That is, if a USC or permanent resident applies he should be given preference over an immigrant. By that rationale I am not so sure it is illegal.
Also, many large companies, when applying for jobs on their websites, mandatorily require you to state your visa status. While self-identification (race, sex) is always optional and cannot be required (by law, there will always be a statement that says submission of this info is voluntary).
They cannot ask it if it is illegal, and clearly this information is used in the employment process.
So, I am not so sure this is illegal.
I am pretty sure that discriminating on nationality is illegal, but that is different
Probably according to the EEOC rules, unless the job requires for security clearance, companies must not discriminate between a US citizen and someone with work authorization. A company must also not deny job to you because u don't have enough time on ur visa. Company must go through legal channels to accept or deny employment for visa holders. As such companies don't really discriminate. They want good people for work. Most times it is the reqruiters who post these ads. Reqruiters post ads like * must be citizen, must be local to New York* etc... Even for L/C ads, I don't think there is a need to mention preference for citizens - though I am not sure about this.
If prefering US citizens is discriminatory, I am sure a bill will be easily passed to make such postings valid and legal :)
Also, many large companies, when applying for jobs on their websites, mandatorily require you to state your visa status. While self-identification (race, sex) is always optional and cannot be required (by law, there will always be a statement that says submission of this info is voluntary).
They cannot ask it if it is illegal, and clearly this information is used in the employment process.
So, I am not so sure this is illegal.
I am pretty sure that discriminating on nationality is illegal, but that is different
Probably according to the EEOC rules, unless the job requires for security clearance, companies must not discriminate between a US citizen and someone with work authorization. A company must also not deny job to you because u don't have enough time on ur visa. Company must go through legal channels to accept or deny employment for visa holders. As such companies don't really discriminate. They want good people for work. Most times it is the reqruiters who post these ads. Reqruiters post ads like * must be citizen, must be local to New York* etc... Even for L/C ads, I don't think there is a need to mention preference for citizens - though I am not sure about this.
If prefering US citizens is discriminatory, I am sure a bill will be easily passed to make such postings valid and legal :)
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It is unbelievable how much emphasis is being given to the family based immigration when this bill strives to eliminate their backlog!!! ......and amazingly enough there are very few voices (IV being one) that are really crying about the injustice to the employment based GC and H1 programs..........we have to work on getting through to mainstream media guys......its unbelievable that we are not even on the board as far as close door immigration deal negotiations are concerned.........
Most status related issues are wiped off after a travel outside US.
What I would worry about most is if any misrepresentation was made to USCIS as far as status goes. Years later or even during naturalization, one's could face audit and possible revocation of an approved application.
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.
What I would worry about most is if any misrepresentation was made to USCIS as far as status goes. Years later or even during naturalization, one's could face audit and possible revocation of an approved application.
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.
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Hi,
I will be traveling during May to India (Bangalore) with a 3 hour layover in Frankfurt (Lufthansa). Is there anyone who has just returned through frankfurt without a transit visa?
What is confusing is that on the Indian website of Lufthansa it says that "Expired Visa with I797 extension notice accepted " Check out the last line in bold font.
----------------------------------------------------------------------------------------------------
Transit Visa Regulation for Indian Residents
In order to ensure a smooth and hassle free tansit through two Schengen States or when booking a Journey from India to USA via Canada, please pay attention to the transit visa regulations.
Indian passport holders in possession of a valid visa to USA and traveling to USA via Canada require a Canadian Transit Visa.
Routing Example : Bengaluru - Frankfurt -Toronto- Newark - Frankfurt - Bengaluru
In the above routing, the indian resident would require a Candian Transit Visa even if there is no stopover in Toronto.
Indian passport holders in possession of a valid visa to their final destination, but transiting via two Schengen States, require a valid Schengen Visa.
Routing Example : Chennai- Frankfurt- Paris -Chicago- Frankfurt- Chennai
In the above routing, the Indian resident would require a Schengen Visa even if there no stopover in Frankfurt or Paris.
Indian nationals can Transit without Visa via FRA/MUC if holding a valid visa for the destination and a valid Visa for any of the following countries
Bulgaria, Canada, Cyprus, Ireland, Japan, Liechtenstein,
Romania, UK and USA (Expired Visa with I797 extension notice accepted - Schengen Visa.
I will be traveling during May to India (Bangalore) with a 3 hour layover in Frankfurt (Lufthansa). Is there anyone who has just returned through frankfurt without a transit visa?
What is confusing is that on the Indian website of Lufthansa it says that "Expired Visa with I797 extension notice accepted " Check out the last line in bold font.
----------------------------------------------------------------------------------------------------
Transit Visa Regulation for Indian Residents
In order to ensure a smooth and hassle free tansit through two Schengen States or when booking a Journey from India to USA via Canada, please pay attention to the transit visa regulations.
Indian passport holders in possession of a valid visa to USA and traveling to USA via Canada require a Canadian Transit Visa.
Routing Example : Bengaluru - Frankfurt -Toronto- Newark - Frankfurt - Bengaluru
In the above routing, the indian resident would require a Candian Transit Visa even if there is no stopover in Toronto.
Indian passport holders in possession of a valid visa to their final destination, but transiting via two Schengen States, require a valid Schengen Visa.
Routing Example : Chennai- Frankfurt- Paris -Chicago- Frankfurt- Chennai
In the above routing, the Indian resident would require a Schengen Visa even if there no stopover in Frankfurt or Paris.
Indian nationals can Transit without Visa via FRA/MUC if holding a valid visa for the destination and a valid Visa for any of the following countries
Bulgaria, Canada, Cyprus, Ireland, Japan, Liechtenstein,
Romania, UK and USA (Expired Visa with I797 extension notice accepted - Schengen Visa.
Medicals - $700
Application fee = $1490
Certificates/copy/fedex = $200
Loss in pay (in gathering medical/certificates/mailing) = $1500
Application fee = $1490
Certificates/copy/fedex = $200
Loss in pay (in gathering medical/certificates/mailing) = $1500
Atty fees were paid by my employer; my out of pocket was approx. $ 500. However, the intangible cost (disappointment, having parents stand in a queue to get BC etc.) is far greater :(
Guys, before creating new thred please take a min and see if there is already any thred with the same subject.. There are already 2 threds with same subject..
To your question:- If you have AAA membership then they will do it for free.
Please think about contributing small amount to IV..
Folks
where are you guys taking these? Fedex kinko's would be fine? any pointers in the NY-NJ area?
Thanks
To your question:- If you have AAA membership then they will do it for free.
Please think about contributing small amount to IV..
Folks
where are you guys taking these? Fedex kinko's would be fine? any pointers in the NY-NJ area?
Thanks
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Hi,
Self E Filed Travel Document I-131 for my wife, I forgot to fill the Class of Admission field as H4 and submitted the application. Got the SRC Receipt number.
Please let me know any one in the same situation and advise what are the options do i have.
Thanks,
chansek.
Self E Filed Travel Document I-131 for my wife, I forgot to fill the Class of Admission field as H4 and submitted the application. Got the SRC Receipt number.
Please let me know any one in the same situation and advise what are the options do i have.
Thanks,
chansek.
02/28/2008: FBI Name Check Backlogs Eligible for 485 Adjudication in Service Centers
* According to the withdrawn USCIS FAQ on FBI Name Check Backlog I-485 case new adjudication policy after 180 days of name check request, they estimated the total eligible 485 cases at 46,000 or something. Now, according to the AILA Q&A with the USCIS HQ Service Center Operation office on February 20, 2008, the Service Centers located approximatlely 10,000 cases that were waiting name checks only and they estimated that there would be additional 15,000 cases that would fit the new policy. There is no specific timeline announced, but there are some indications that these cases may be adjudicated from one month to approximately three or four months. It appears that the USCIS is mindful of the potential EB visa number retrogression and may want to adjudicate these cases as soon as possible.
* According to the withdrawn USCIS FAQ on FBI Name Check Backlog I-485 case new adjudication policy after 180 days of name check request, they estimated the total eligible 485 cases at 46,000 or something. Now, according to the AILA Q&A with the USCIS HQ Service Center Operation office on February 20, 2008, the Service Centers located approximatlely 10,000 cases that were waiting name checks only and they estimated that there would be additional 15,000 cases that would fit the new policy. There is no specific timeline announced, but there are some indications that these cases may be adjudicated from one month to approximately three or four months. It appears that the USCIS is mindful of the potential EB visa number retrogression and may want to adjudicate these cases as soon as possible.
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Yes it sounds EB3-I is very worst effected..with just fewer approvals...
Is that mean FB,EB1/EB2/others etc.. using more numbers and due to this EB3 numerical limit reached??
Is that mean FB,EB1/EB2/others etc.. using more numbers and due to this EB3 numerical limit reached??
Everest Technology? Sounds so familiar, but definitely they are not in the list of blood suckers I dealt with.
There are thousands of bloodsuckers like this one, they know the Immigration law better than anybody else do, they will do anything to stop you from leaving their company.
BTW, you don�t need the copy of I-140 for using AC21 portability.
You might need a copy when you apply for a 3 years H1 extension, double check this with an attorney.
If I were you, I wouldn�t stick with this employer, I would definitely use AC21 after 180 days.
Good Luck!
There are thousands of bloodsuckers like this one, they know the Immigration law better than anybody else do, they will do anything to stop you from leaving their company.
BTW, you don�t need the copy of I-140 for using AC21 portability.
You might need a copy when you apply for a 3 years H1 extension, double check this with an attorney.
If I were you, I wouldn�t stick with this employer, I would definitely use AC21 after 180 days.
Good Luck!
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Believe it or not, I was about to open a thread like this. And here is the worst part, my AP has been approved 10 days ago, and so far neither the online status changed to approved nor i have received the approval copy. 2 ways I found out my AP was approved was through my local congressman and I took an infopass appointment. In the info pass appointment when I asked what is causing the delay in sending an approved AP, the officer says, if you did not get the approval notice in 45 days, call us back. This after waiting for more than 90days from the date of application. So, its not there until you have it in hand. Merely getting an approval these days is not enough, since they take anywhere upto 45 days to send the approval to you.
Attrocity to the core and the height of irresponsibility.
My wife's EAD card was delayed beyond 90 days. I called USCIS 3 times and they did the service request, but told us we would have to wait 45 more days. At the 96 day mark, I quickly filled out requests for my senators office to get involved and they helped out. EAD was in mail the next week.
Attrocity to the core and the height of irresponsibility.
My wife's EAD card was delayed beyond 90 days. I called USCIS 3 times and they did the service request, but told us we would have to wait 45 more days. At the 96 day mark, I quickly filled out requests for my senators office to get involved and they helped out. EAD was in mail the next week.
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Medical - $450 (self + spouse)
Fedex - $75
Photos - $65
Other (Gas, photocopy, etc) - $50
Total - $640
:(
Fedex - $75
Photos - $65
Other (Gas, photocopy, etc) - $50
Total - $640
:(
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Jaihind...thats really unethical. Its sad to hear such experiences.
Although I cant help you...I really wish you good luck.
Although I cant help you...I really wish you good luck.
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[QUOTE=alterego]That money will dissapear into a dark hole in the Indian Gov't coffers instead of a dark hole here, further as the rules stand, I have a slim chance of getting the money from here through social security payments when I turn 65 even if I am in India. [QUOTE]
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Once the FBI Name Check delays issue is resolved, only thing that would be withholding your GCs will be insufficient Visa Numbers. IV is already working to recapture and increase those.
What are you waiting for? Contribute to IV, many already have - http://immigrationvoice.org/forum/showthread.php?t=15493
What are you waiting for? Contribute to IV, many already have - http://immigrationvoice.org/forum/showthread.php?t=15493
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I had a good laugh once I started reading the posts .. liked the fun .. and comments from members ... the H4 & F2 was good .. so L2 and F2 are in same category??? :D :D :D :D :D :D :D :D :D :D :D :D :D :D
Does USCIS grant a H0(HZERO) Visa? I'm sure many will be intrested in that :)
Does USCIS grant a H0(HZERO) Visa? I'm sure many will be intrested in that :)
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or how about attending rally and make it a big success and reduce your wait time to 50s.
Well said Libra. People, please focus on working to make the rally a success. The best way you can do this, is to attend! Take the various polls available to help you help yourselves or others!
http://immigrationvoice.org/forum/showthread.php?t=12441
If you want the GC, come let's go to DC!
Well said Libra. People, please focus on working to make the rally a success. The best way you can do this, is to attend! Take the various polls available to help you help yourselves or others!
http://immigrationvoice.org/forum/showthread.php?t=12441
If you want the GC, come let's go to DC!
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you mean there is no freedom in India??? 80-90% of the indians who have H1 have not attended college in US and do you think these people are not educated and knowledgeable. I think you should grow up man... or might be when you get sick and get admitted in hospital and your insurance doesn't cover... you realize the importance of India...
I am not commenting against the previous post or this one. But I personally feel there are some scariest things in US. One of them is lack of heath insurance, even if you have one, you are not 100% sure it protects you when you are in dire need. The cost is DAMN high. Costs your arms and legs.
The 2nd thing, if you are out of job for quite sometime, which itself is scary, on top of that, all your savings evaporate quickly.
In India, you can live without job for an year, without too much impact on your personal life and your finances. Insurance issues... we are fine in India..
US has its advantages... India has its advantages... just because you are in US now doesn't mean you can talk rubbish about India.... If you like US, talk good about it... but you don't need to de-grade one country to highlight another...
Yes, there are good things and bad things with both the countries
For me, one of the things is, I am most addicted to this weather :D
Hmm...
I am not commenting against the previous post or this one. But I personally feel there are some scariest things in US. One of them is lack of heath insurance, even if you have one, you are not 100% sure it protects you when you are in dire need. The cost is DAMN high. Costs your arms and legs.
The 2nd thing, if you are out of job for quite sometime, which itself is scary, on top of that, all your savings evaporate quickly.
In India, you can live without job for an year, without too much impact on your personal life and your finances. Insurance issues... we are fine in India..
US has its advantages... India has its advantages... just because you are in US now doesn't mean you can talk rubbish about India.... If you like US, talk good about it... but you don't need to de-grade one country to highlight another...
Yes, there are good things and bad things with both the countries
For me, one of the things is, I am most addicted to this weather :D
Hmm...
Guys,
Any update on your FP notices yet? am still waiting. Did any one of you file DHS 7001 for ombudsman inquiry?
Thanks and good luck.
Any update on your FP notices yet? am still waiting. Did any one of you file DHS 7001 for ombudsman inquiry?
Thanks and good luck.
Thursday 06/12/2008 - 11:00 AM
2237 Rayburn House Office Building
Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law
Hearing on the Need for Green Cards for Highly Skilled Workers
2237 Rayburn House Office Building
Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law
Hearing on the Need for Green Cards for Highly Skilled Workers
