desi3933
06-28 10:58 AM
On a practical note, if the company has sponsored H1Bs in the past, what justification can the company give for not filing another H1B ?
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.
Are you suggesting the employer is required, by law, to file for H-1B sponsorship for the job applicant?
Avoiding H-1B applicant is legal, whereas avoiding GC/EAD/OPT applicant isn't.
For argument sake, assuming if H-1B applicant can force employer to file H-1B and he/she was not picked because of his/her H-1B visa status, he/she has legal route of filing case against that employer. In this was true, there will be many attorneys eager to file such cases. But, alas, there is not even one such case.
Employer has choice of
1. Filing or not filing H-1B
2. Filing or not filing green card for the employee.
These are employer's choices. Legal choices.
_______________________
Not a legal advice.
US citizen of Indian origin
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.
Are you suggesting the employer is required, by law, to file for H-1B sponsorship for the job applicant?
Avoiding H-1B applicant is legal, whereas avoiding GC/EAD/OPT applicant isn't.
For argument sake, assuming if H-1B applicant can force employer to file H-1B and he/she was not picked because of his/her H-1B visa status, he/she has legal route of filing case against that employer. In this was true, there will be many attorneys eager to file such cases. But, alas, there is not even one such case.
Employer has choice of
1. Filing or not filing H-1B
2. Filing or not filing green card for the employee.
These are employer's choices. Legal choices.
_______________________
Not a legal advice.
US citizen of Indian origin
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dtekkedil
07-03 12:35 PM
My Order # FNL1782679
ashkam
02-02 08:54 AM
Everyone does apply through a body shopper which is not right.. but is there a way out...
You're kidding right? No one I know has ever used a body shopper. It is only on forums like these that I hear about people who got H1Bs through a body shopper and are now complaining they don't get paid and wondering if they are in status.
You're kidding right? No one I know has ever used a body shopper. It is only on forums like these that I hear about people who got H1Bs through a body shopper and are now complaining they don't get paid and wondering if they are in status.
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sathishkrish
11-21 10:40 AM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Dear Mehul,
I am really shocked to hear this and I pray god that you fully recover from this ordeal. I am going to call my Attorney to see if he has any options out.
Satish
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Dear Mehul,
I am really shocked to hear this and I pray god that you fully recover from this ordeal. I am going to call my Attorney to see if he has any options out.
Satish
more...
paskal
07-09 11:57 AM
[QUOTE=desi3933]� 245.1 Eligibility.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.
[Emphasis added for clarity]
this clause is very clear
the last one posted did not say you cannot apply
only who can actually be adjusted....
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.
[Emphasis added for clarity]
this clause is very clear
the last one posted did not say you cannot apply
only who can actually be adjusted....
BharatPremi
07-10 05:22 PM
So it's the day before the flowers will be delivered and let's make the most out of this story. Here are the links to the press release to use
PDF version (http://www.touchdownusa.org/pdf/USCISFlowerCampaign.pdf) that can be sent as an attachment.
HTML version (http://docs.google.com/Doc?id=ap9x7pmvk6s_32c3khvg) that can be copy-pasted as text of the email.This (http://www.touchdownusa.org/pdf/Response.pdf) is our updated press release in response to the message on the USCIS website.
Most news organizations have dedicated reporters to cover immigration issues; so our first contact should be with them, since they'd be most interested in this story. Contact the writers of any immigration related stories that you've read recently - contact either by phone, or by email. If you are contacting by email here are a few helpful tips
Make sure that title/information of that person's most recent article is used in the subject line. Something like, 'Follow up to Green Card Woes in WSJ'
Refer to the article in the body of your email. For example
You recently wrote about the frustrations of green card applicants due to a reversal by the USCIS (Wall Street Journal - July 5, 2007 - 'Reversal Frustrates Green Card Applicants'). I am one of those skilled, legal applicants and we are planning to protest against this decision the USCIS in a unique and peaceful manner - by sending hundreds, if not thousands of flower bouquets to the director of USCIS, Mr. Gonzalez on July 10th.
After this, you can say that please refer to the attached press release for more information
Wrap up your email with something like, "This is probably the first time when skilled, legal professionals are participating in an event like this at this scale and it goes to show the level of anxiety in the community right now. Would you be willing to write about this event as a follow-up to your previous article?"
There is no harm in giving your contact number to let the reporter know that you can be contacted for any follow-up questions.
Other things that we can do to create a buzz around it is to talk about it in blogs, various forums etc., specially if you are a blogger. Already, if you search USCIS+Flowers in Technorati, there are a good number of hits - we should try and increase them.
Call up your local public radio station and tell them about this event (http://www.npr.org/stations/)
Any other ideas regarding increasing the visibility of this campaign should be posted on this thread.
I would try to contact FM 104.9 and AM 700 in Dallas both radio stations are delivering programs in Hindi and Urdu and to the extent very popular in SOuth Assian community. I would update here about my efforts.
PDF version (http://www.touchdownusa.org/pdf/USCISFlowerCampaign.pdf) that can be sent as an attachment.
HTML version (http://docs.google.com/Doc?id=ap9x7pmvk6s_32c3khvg) that can be copy-pasted as text of the email.This (http://www.touchdownusa.org/pdf/Response.pdf) is our updated press release in response to the message on the USCIS website.
Most news organizations have dedicated reporters to cover immigration issues; so our first contact should be with them, since they'd be most interested in this story. Contact the writers of any immigration related stories that you've read recently - contact either by phone, or by email. If you are contacting by email here are a few helpful tips
Make sure that title/information of that person's most recent article is used in the subject line. Something like, 'Follow up to Green Card Woes in WSJ'
Refer to the article in the body of your email. For example
You recently wrote about the frustrations of green card applicants due to a reversal by the USCIS (Wall Street Journal - July 5, 2007 - 'Reversal Frustrates Green Card Applicants'). I am one of those skilled, legal applicants and we are planning to protest against this decision the USCIS in a unique and peaceful manner - by sending hundreds, if not thousands of flower bouquets to the director of USCIS, Mr. Gonzalez on July 10th.
After this, you can say that please refer to the attached press release for more information
Wrap up your email with something like, "This is probably the first time when skilled, legal professionals are participating in an event like this at this scale and it goes to show the level of anxiety in the community right now. Would you be willing to write about this event as a follow-up to your previous article?"
There is no harm in giving your contact number to let the reporter know that you can be contacted for any follow-up questions.
Other things that we can do to create a buzz around it is to talk about it in blogs, various forums etc., specially if you are a blogger. Already, if you search USCIS+Flowers in Technorati, there are a good number of hits - we should try and increase them.
Call up your local public radio station and tell them about this event (http://www.npr.org/stations/)
Any other ideas regarding increasing the visibility of this campaign should be posted on this thread.
I would try to contact FM 104.9 and AM 700 in Dallas both radio stations are delivering programs in Hindi and Urdu and to the extent very popular in SOuth Assian community. I would update here about my efforts.
more...
dsairam
12-19 04:24 PM
Hi All,
I would like to know if I will get in trouble if I do this:
First, switch to a completely unrelated job after 180 days of I485 filing,
then, switch back to similar job when my priority date becomes current or close to becoming current.
Does USCIS check what other jobs have I done during the entire adjustee period or it is only concerned about the job at the time of adjudication?
Thanks in advance!
I would like to know if I will get in trouble if I do this:
First, switch to a completely unrelated job after 180 days of I485 filing,
then, switch back to similar job when my priority date becomes current or close to becoming current.
Does USCIS check what other jobs have I done during the entire adjustee period or it is only concerned about the job at the time of adjudication?
Thanks in advance!
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ghost
02-24 01:34 PM
How to get added to the 'donor' forum?? ;)
as far as I know, donor forum is for recurring contributors only...thanks for your contribution!
as far as I know, donor forum is for recurring contributors only...thanks for your contribution!
more...
reddymjm
06-12 11:55 AM
I filed 485/EAD/AP on May 31st and TSC received on June 1st. My checks haven't been cleared yet. TSC is said to be the slowest one. In a chinese forum, several people whose PD became current on June 1st got 485 approved recently. Their cases were all transferred to NSC recently.
BTW, how long will it take to get EAD? I sort of remember that it takes at most 3 months.
As far as i heard TSC is the fastest man. NSC is the snail...
BTW, how long will it take to get EAD? I sort of remember that it takes at most 3 months.
As far as i heard TSC is the fastest man. NSC is the snail...
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summerof98
06-11 04:57 PM
Yes, All of my checks got cashed today and i got all the reciepts in mail. ND is 06/01 and RD is 06/06 from Nebraska.
VK373,
Did you actually get all the receipts by mail or did your attorney/employer get them?
Thanks.
VK373,
Did you actually get all the receipts by mail or did your attorney/employer get them?
Thanks.
more...
gc_on_demand
02-17 10:27 AM
I try to get 2 days off from work but could not get it because of work related travel in same week. Donated 100 USD and will do more later.. GO IV GO.
Payment Receipt
Receipt ID
0852-0955-4419-3658
Total
$100.00
We'll send a confirmation email to XXX@XXXX.com. This transaction will appear on your statement as IMMIGRATION.
Paid to
Immigration Voice
donations@immigrationvoice.org
850-391-4966
Shipped to
Your shopping cart
Description Price Quantity Amount
Donation to Support Immigration Voice (User: gc_on_demand)
$100.00 1 $100.00
Item total $100.00
Total $100.00 USD
Payment Receipt
Receipt ID
0852-0955-4419-3658
Total
$100.00
We'll send a confirmation email to XXX@XXXX.com. This transaction will appear on your statement as IMMIGRATION.
Paid to
Immigration Voice
donations@immigrationvoice.org
850-391-4966
Shipped to
Your shopping cart
Description Price Quantity Amount
Donation to Support Immigration Voice (User: gc_on_demand)
$100.00 1 $100.00
Item total $100.00
Total $100.00 USD
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mallu
12-16 08:18 PM
I consider the 30-40 range 'golden' years . Enough experience to handle various things without much botheration of senility. Depression is not continuous, but comes once in a while. Currently i am optimistic that India EB2 will move forward starting Oct.2008 and my PD of Nov.2002 will become current some time in 2009 and i will be inching to 10 years of SSN eligibility.
I also have following kind of worries too, which haunt me often.
Being the 'only son' there is a big emotional pull from the parents to take care of them. But am worried about 'transporting' the American citizen kid back to India ( like them adjusting to the culture there ). Now my batch mates who got GC ( because they came early to USA and got lucky. One India EB2 friend - applied PERM in 2005 & I-485 in 2005 - got his GC in Aug 2007 ! ) , aiming for citizenship , then they want to move to India and plan to bring up kids there. And when they are 'ripe' for higher studies, march back to USA.
I also have following kind of worries too, which haunt me often.
Being the 'only son' there is a big emotional pull from the parents to take care of them. But am worried about 'transporting' the American citizen kid back to India ( like them adjusting to the culture there ). Now my batch mates who got GC ( because they came early to USA and got lucky. One India EB2 friend - applied PERM in 2005 & I-485 in 2005 - got his GC in Aug 2007 ! ) , aiming for citizenship , then they want to move to India and plan to bring up kids there. And when they are 'ripe' for higher studies, march back to USA.
more...
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akhilmahajan
02-09 02:59 PM
Thanks a lot rvurady14 and jelo.
Grand Total - $443
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Grand Total - $443
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
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rahulp
06-12 07:27 PM
Anybody who filed after 06/04/2007, got receipt#
I am just trying to see if NSC could go past the I-485 received on 06/01/2007. Many folks whose application was received the first day got receipt and receipt#. Is there anyone who applied later and got the receipt or receipt#.
I am just trying to see if NSC could go past the I-485 received on 06/01/2007. Many folks whose application was received the first day got receipt and receipt#. Is there anyone who applied later and got the receipt or receipt#.
more...
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nrk
08-27 04:04 PM
As we are nearing to August ending, does any one have a good idea of how many cases approved in this month. (Auguest 2010)
I see 384 cases approved for EB2 India in track it. i am expecting it is much more than that in August 2010. any comments.
Thanks,
I see 384 cases approved for EB2 India in track it. i am expecting it is much more than that in August 2010. any comments.
Thanks,
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breddy2000
05-23 08:40 AM
Will call them today at any cost
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krishnam70
07-05 02:03 PM
There might not be any use, and it might not work, but we have tried to get attention thru media, lobby congress and fight our way through. Law-suit is something that will bring a lot of media attention, and also AILF feels there are strong grounds, so why not?.
I think you need to read the grounds on which AILA and other think there is a strong case again. You dont understand the basic issue.. yes they can change the bulletin any time they want, that is perfectly within the law and yes they are not bound to pay compensation. However the fact that in making the dates current overnight and adjudicating so many cases in such a short time and actually requesting a visa # from DOS etc etc are all contravening the law and thats why there is a strong case..
see this thread in IV for more info
http://immigrationvoice.org/forum/showthread.php?t=6063
cheers
I think you need to read the grounds on which AILA and other think there is a strong case again. You dont understand the basic issue.. yes they can change the bulletin any time they want, that is perfectly within the law and yes they are not bound to pay compensation. However the fact that in making the dates current overnight and adjudicating so many cases in such a short time and actually requesting a visa # from DOS etc etc are all contravening the law and thats why there is a strong case..
see this thread in IV for more info
http://immigrationvoice.org/forum/showthread.php?t=6063
cheers
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vinabath
04-22 03:16 PM
Non-compete are notoriously hard to implement.
Only if it is too restrictive. this case is pretty straightforward and simple. employee is directly hitting the employer's revenues.
Only if it is too restrictive. this case is pretty straightforward and simple. employee is directly hitting the employer's revenues.
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vallabhu
07-02 08:56 AM
Jul 2, 2007 7:50 AM
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LINCOLN, NE
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LINCOLN, NE
chalamcharla
10-16 02:40 PM
Finally all my checks have been cashed today. Reached application to NSC on July5th but as per checks back side the receipt no's allotted from Texas (Recepit no started SRC xxxxxxxxxxxx ) . Verified those receipt no's in online status and looks like they haven't entered yet in automatic system.
gccovet
05-12 01:08 PM
June VB is out !
http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
For India:
EB2 - Progressed to 1APR04
EB3- Did not change.
EB3 other - No change (1 Jan 03)
ROW- EB2- Current
ROW- EB3- 1 Mar 06
ROW- EB3Others- 1 Jan 03.
For China
EB2 - Progressed to 1APR04
EB3- 22Mar 03.
EB3 other - No change (1 Jan 03)
http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
For India:
EB2 - Progressed to 1APR04
EB3- Did not change.
EB3 other - No change (1 Jan 03)
ROW- EB2- Current
ROW- EB3- 1 Mar 06
ROW- EB3Others- 1 Jan 03.
For China
EB2 - Progressed to 1APR04
EB3- 22Mar 03.
EB3 other - No change (1 Jan 03)
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