h1techSlave
06-28 09:05 PM
Employers can (at least they do) discriminate EAD holders. Here is an example and related link:
Fog Creek Software - Intern in Software Development (http://www.fogcreek.com/Jobs/SummerIntern.html)
"Permanent legal right to work in the United States. Because student visas (J1, F1, etc) are time-limited, we regret that we can't consider interns on student visas."
They key word here is "Permanent legal right to work in the United States". EADs (485 based EAD as well as F1 based EADs) have a limit of 1 year/2 year/29 months etc. Based on this Fog Creek Software will not hire an EAD holder. Can we do some thing about this blatant violation of the law?
Thanks, Walking_Dude, for putting this link.
As per web page on this link -This will exclude applicants on H-1B visa status as they don't have work authorization to work for the new employer.
However, as I said before, Employer can not discriminate between GC holder, EAD, and OPT holder.
.
Fog Creek Software - Intern in Software Development (http://www.fogcreek.com/Jobs/SummerIntern.html)
"Permanent legal right to work in the United States. Because student visas (J1, F1, etc) are time-limited, we regret that we can't consider interns on student visas."
They key word here is "Permanent legal right to work in the United States". EADs (485 based EAD as well as F1 based EADs) have a limit of 1 year/2 year/29 months etc. Based on this Fog Creek Software will not hire an EAD holder. Can we do some thing about this blatant violation of the law?
Thanks, Walking_Dude, for putting this link.
As per web page on this link -This will exclude applicants on H-1B visa status as they don't have work authorization to work for the new employer.
However, as I said before, Employer can not discriminate between GC holder, EAD, and OPT holder.
.
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austin123
07-20 01:30 AM
$100 from my side
dtekkedil
07-02 11:51 PM
The Honorable Emilio T. Gonzalez
Director U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Director U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
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fetch_gc
10-10 03:52 PM
Hi guys,
it is very frustrating that most of the guys whi have filed between July 2nd -July 16 have been waiting either close to 90 or more than 90 days, just for the sake of the DAMN receipt notices.
I have been very patiently waiting for the past 84 days (as i filed mine on July16th) and I see that even folks who filed just during the Aug 10th period are also getting their notices and getting their FP done.
DAMN with USCIS sorting order, as those morons could not even implement a FIFO manner, if they had followed, we would have had our receipts long back.
Once again, HELL with these stupid receipting process.
Hope atleast some of you can understand the pain in the whole friggin process.
FETCH_GC
it is very frustrating that most of the guys whi have filed between July 2nd -July 16 have been waiting either close to 90 or more than 90 days, just for the sake of the DAMN receipt notices.
I have been very patiently waiting for the past 84 days (as i filed mine on July16th) and I see that even folks who filed just during the Aug 10th period are also getting their notices and getting their FP done.
DAMN with USCIS sorting order, as those morons could not even implement a FIFO manner, if they had followed, we would have had our receipts long back.
Once again, HELL with these stupid receipting process.
Hope atleast some of you can understand the pain in the whole friggin process.
FETCH_GC
more...
tonyHK12
02-11 10:05 AM
...by donating $100! Now, its your turn...
GO IV!!
thanks mantagon!
I donated for the first time yesterday. I intend to help out as I can. Could someone please let me know how the access to Donor forum works? Thanks!
This is a manual approval. please send details provided o the previous page:
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904554-action-item-advocacy-day-contributions-4.html#post2343160
Cheers! yes ivcoordinator is generally very busy
GO IV!!
thanks mantagon!
I donated for the first time yesterday. I intend to help out as I can. Could someone please let me know how the access to Donor forum works? Thanks!
This is a manual approval. please send details provided o the previous page:
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904554-action-item-advocacy-day-contributions-4.html#post2343160
Cheers! yes ivcoordinator is generally very busy
H1B-GC
07-24 09:10 AM
Paper filed on June 19, 2008 (Renewal)
Service center: TSC
Approved : July 18th '08
Card Received : July 23rd
2 year EAD Approved :)
Start date :Sept 2008 - Sep 2010
Service center: TSC
Approved : July 18th '08
Card Received : July 23rd
2 year EAD Approved :)
Start date :Sept 2008 - Sep 2010
more...
surabhi
04-23 04:30 PM
You can view my past posts in IV, I am not Desi employer but I may become very soon to employ myself (very close to get GC :-) )
This is not a personal advice but general appeal to all would be employers.
I hope you have researched and understood obligations of an employer.
By virtue of owning the business and taking 100% of returns, the employer has to assume 100% risk.
If not on revenue sharing with employee ( 80-20 etc) , the employer has no business of NOT paying on bench. Either the employee is on rolls or has to be advised to take LOA or let go.
For other unprofessional tactics, there is simply no excuse. Employment is at will. If employers cant deal with that, too bad. They should not be starting the business.
I have worked with Desi employers who have consistently run on best practices and completely adhering to law of the land. It can be done and the cost of doing that has to be factored into the business plan. If it is too costly as per your financial numbers, then you are not ready for it financially.
This is not a personal advice but general appeal to all would be employers.
I hope you have researched and understood obligations of an employer.
By virtue of owning the business and taking 100% of returns, the employer has to assume 100% risk.
If not on revenue sharing with employee ( 80-20 etc) , the employer has no business of NOT paying on bench. Either the employee is on rolls or has to be advised to take LOA or let go.
For other unprofessional tactics, there is simply no excuse. Employment is at will. If employers cant deal with that, too bad. They should not be starting the business.
I have worked with Desi employers who have consistently run on best practices and completely adhering to law of the land. It can be done and the cost of doing that has to be factored into the business plan. If it is too costly as per your financial numbers, then you are not ready for it financially.
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rs_123
02-10 07:23 AM
I am sending a $50.00 check today.
more...
raju123
07-03 08:51 AM
I agree, it should start as soon as possible. Delay will kill the impact.
I m game for it!!IV CORE plz advice us which method wud be apt to send the flowers...I think,we need to start on this asap,without any delay.:)
I m game for it!!IV CORE plz advice us which method wud be apt to send the flowers...I think,we need to start on this asap,without any delay.:)
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senthil1
03-10 02:54 PM
Any lobbying for immigration is tough at the time of recession. I think you are trying to do advocacy effort. Without getting approval from core IV group it will not be any use as advocacy effort only will not work. Senators will note your concerns and will act only if some bill is introduced. You need lobbying with advocacy effort for changing any law. Lobbyists will lobby only at right time as if they do in wrong time it will backfire.
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
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
more...
Tito_ortiz
03-08 04:04 PM
Guys,
We are like MLK of our modern times. Just observe that it may take a long time to change this. Actual outcome of our efforts may come to fruition in 10-20 years from now. It is the reality folks.
The only problem is that MLK was a US citizen. We are not. We have a very bad mood against us. Like it or not, to our disadvantage we have all sentiment against illegal immigration spilling over us as well. Let me tell you, I no longer discuss, comment or let Americans, not even close people know about my situation. Do you know why? People actually may not tell you, but the vast majority of Americans actually are delighted when we say we and our wives live with such restrictions.
My conclusion is this:
If you are able to fire resumes back to home country or Australia and you can get good opportunities elsewhere, do not waste your time here anymore. Our golden professional years are the ones between 25-40. If you achieve your freedom only after 40 you may find yourself in a bad shape. At 40 I must be well established professionally already.
One more thing:
We have been very lucky so far. God Forbidden, if there is one major terrorist attack in this country, you will see this Congress AND the American people with enough ammo to turn their big guns against us big time. Do you really think people will waste time with us? I am not saying that is going to happen, but I am saying if we spend our lives here and we do not take the opportunities back home, that may be a risky move indeed.
Think of it this way..We are foreigners 12K miles from Home...We are here and trying to change the laws of this country...They are listening to us a bit...That in itself is a big achivement.....It is not gonna happen overnight...It is gonna be a long haul and more...Even after the law changes we would need to look out for actual implementation..So you better harden yourself for a long protracted fight...No one promised that this is gonna be easy...You and I have invested so much time ...you and I have no option but to fight it out...
We are like MLK of our modern times. Just observe that it may take a long time to change this. Actual outcome of our efforts may come to fruition in 10-20 years from now. It is the reality folks.
The only problem is that MLK was a US citizen. We are not. We have a very bad mood against us. Like it or not, to our disadvantage we have all sentiment against illegal immigration spilling over us as well. Let me tell you, I no longer discuss, comment or let Americans, not even close people know about my situation. Do you know why? People actually may not tell you, but the vast majority of Americans actually are delighted when we say we and our wives live with such restrictions.
My conclusion is this:
If you are able to fire resumes back to home country or Australia and you can get good opportunities elsewhere, do not waste your time here anymore. Our golden professional years are the ones between 25-40. If you achieve your freedom only after 40 you may find yourself in a bad shape. At 40 I must be well established professionally already.
One more thing:
We have been very lucky so far. God Forbidden, if there is one major terrorist attack in this country, you will see this Congress AND the American people with enough ammo to turn their big guns against us big time. Do you really think people will waste time with us? I am not saying that is going to happen, but I am saying if we spend our lives here and we do not take the opportunities back home, that may be a risky move indeed.
Think of it this way..We are foreigners 12K miles from Home...We are here and trying to change the laws of this country...They are listening to us a bit...That in itself is a big achivement.....It is not gonna happen overnight...It is gonna be a long haul and more...Even after the law changes we would need to look out for actual implementation..So you better harden yourself for a long protracted fight...No one promised that this is gonna be easy...You and I have invested so much time ...you and I have no option but to fight it out...
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sunofeast_gc
11-08 04:49 PM
I am going to complete my 180 days by 1st week of Decemeber. The company I work for, is offering me a Project Manager position. My labor is filed for a programmer. I asked my lawyer and he told me that they sent a email to Florida State Workforce Agency to classify my new position and depending on the reply he tells me that I may or maynot port my labor.
Is anyone in the same boat? Is there any work around? I have been on H1 for 10 years now working for the same company (2 yrs as Contractor and 8 as employee), they have screwed me many times, I just don't want another disappointment. If this does not work, then I guess I have switch another company....
If Florida State Workforce Agency classify your new position with diffrent category then you can tell your employer that you don't want this new position. I heard that after 180 days you can get promotion and change the role... Experts can comments further...
Is anyone in the same boat? Is there any work around? I have been on H1 for 10 years now working for the same company (2 yrs as Contractor and 8 as employee), they have screwed me many times, I just don't want another disappointment. If this does not work, then I guess I have switch another company....
If Florida State Workforce Agency classify your new position with diffrent category then you can tell your employer that you don't want this new position. I heard that after 180 days you can get promotion and change the role... Experts can comments further...
more...
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sayonara
08-27 01:23 PM
it's not mine case. Clockwork reported some LUD for I140 some where. May be Aug 5? Not sure. But I think LUD of I140 doesn't matter. This is my personal opinion.
Oh ok...thanks anyways...
P.S I have also read that LUD is not an indication of anything related..but at this point, its been almost 2 months since the application was sent to attorney and absolutely no updates..so I am grasping at straws...:o
Oh ok...thanks anyways...
P.S I have also read that LUD is not an indication of anything related..but at this point, its been almost 2 months since the application was sent to attorney and absolutely no updates..so I am grasping at straws...:o
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vicks_don
04-21 09:48 AM
Job title - doesnt matter but your job duties or job description matters.
Your job description should not change from PL//SQL developer to J2EE or something drastically.
Again as said by Ramba please keep in mind INS have not published any hard lined rules or clarification. But as per my attorney's view INS is lenient on AC21 cases with respect to approval , at the most you may get RFE for job description and latest W2 for salary comparison with 140.
Finally I am not legal expert , confirm with your lawyer.
Good Luck
If I get a RFE on Salary comparision would that be a problem as my salary would increase more than 30%. Will they not take into account that my salary should eventually go up with my years of experience ?
Your job description should not change from PL//SQL developer to J2EE or something drastically.
Again as said by Ramba please keep in mind INS have not published any hard lined rules or clarification. But as per my attorney's view INS is lenient on AC21 cases with respect to approval , at the most you may get RFE for job description and latest W2 for salary comparison with 140.
Finally I am not legal expert , confirm with your lawyer.
Good Luck
If I get a RFE on Salary comparision would that be a problem as my salary would increase more than 30%. Will they not take into account that my salary should eventually go up with my years of experience ?
more...
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glus
05-23 12:56 PM
Fax numbers to senators I have faxed:
Clinton: 202-228-2082
Schumer: 202-228-3027
Lott: 202-224-2262
Reid: 202-224-7327
Cornyn: 202-228-2856
Hagel: 202-224-5213
Martinez: 202-228-5171
McConnell: 202-224-2499
Kennedy: 202-224-2417
Obama: 202-228-4260
Clinton: 202-228-2082
Schumer: 202-228-3027
Lott: 202-224-2262
Reid: 202-224-7327
Cornyn: 202-228-2856
Hagel: 202-224-5213
Martinez: 202-228-5171
McConnell: 202-224-2499
Kennedy: 202-224-2417
Obama: 202-228-4260
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Kodi
07-30 09:54 AM
Just received an email from CRIS, our I-131 was approved. Nothing on EAD.
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ddanait
02-17 01:01 AM
Hi
I have donated $50 earlier and want to donate another $50 for the Advocacy day but everytime I click on donate it shows me some wierd message from paypal. Please help, I would prefer to pay via paypal or donate by credit card.
Cheers,
DD
Participating in Advocay day
Getting one more person by using miles
Let's make it happen for us and all
I have donated $50 earlier and want to donate another $50 for the Advocacy day but everytime I click on donate it shows me some wierd message from paypal. Please help, I would prefer to pay via paypal or donate by credit card.
Cheers,
DD
Participating in Advocay day
Getting one more person by using miles
Let's make it happen for us and all
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acecupid
09-24 04:13 PM
A person has been with a company for 10 years as a Test Lead and is promoted to a position of a manager and the Lead expects that on the first day of being a manager he wants all the rights and benefits of being a manager for 10 years even though he has been a lead for all of those 10 years.
Great analogy... Please send it to USCIS and lawmakers. I am sure they will listen to you. :D
what you are hoping for is a change in law which one cares about because it is absurd.
Great analogy... Please send it to USCIS and lawmakers. I am sure they will listen to you. :D
what you are hoping for is a change in law which one cares about because it is absurd.
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gcbikari
04-24 10:55 AM
Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.
hsingh82
02-24 01:29 PM
Sent a check of $50. I myself have moved away from GC and going E-2 visa route based on my wife's canadian citizenship.
kshitijnt
05-10 03:55 PM
kshitijnt,
I know you mean well and trying to do something. But, please do not send this letter.
The purpose of this letter is to impress the person you are sending this to. You do not do that by protesting and complaining. Your letter need to be professional, courteous and grammatically correct and pleasant to read. Remember, the purpose is to impress and sell your point of view to President himself. Poorly drafted letter may actually have a negative impact, especially when we are claiming ourselves as skilled professionals.
Achoo makes good points in other post. This is not to insult you and I know English is not our first language and most of us struggle with it including myself. But we should make an effort to get this right.
Well I have already sent it. Have you done anything else apart from giving me constructive criticism?
And btw, I am a skilled immigrant for my programming skills, not an english professor.
One more thing, I am not here to sell my point. I am trying to point out the discrimination in the system. It is for US to decide whether my presence benefits them or not. I am not trying to sell something thats already a hot selling cake.
I know you mean well and trying to do something. But, please do not send this letter.
The purpose of this letter is to impress the person you are sending this to. You do not do that by protesting and complaining. Your letter need to be professional, courteous and grammatically correct and pleasant to read. Remember, the purpose is to impress and sell your point of view to President himself. Poorly drafted letter may actually have a negative impact, especially when we are claiming ourselves as skilled professionals.
Achoo makes good points in other post. This is not to insult you and I know English is not our first language and most of us struggle with it including myself. But we should make an effort to get this right.
Well I have already sent it. Have you done anything else apart from giving me constructive criticism?
And btw, I am a skilled immigrant for my programming skills, not an english professor.
One more thing, I am not here to sell my point. I am trying to point out the discrimination in the system. It is for US to decide whether my presence benefits them or not. I am not trying to sell something thats already a hot selling cake.
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