belmontboy
09-10 08:05 PM
YOu are a USELESS fellow. Who gave you even the right to write here and put your views when you cannot even can consider it trustworthy to donate 2 cents.
Since when did this section become donor's only??? You don't need any rights to participate in a discussion in general section. There is Donor forum already, where you "Pay to See, Say".
A senior member like you should practice restraint and choose words wisely.
Since when did this section become donor's only??? You don't need any rights to participate in a discussion in general section. There is Donor forum already, where you "Pay to See, Say".
A senior member like you should practice restraint and choose words wisely.
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desi3933
06-28 09:59 AM
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
Read I-9 form. Employee must have work authorization before he/she can start work.
Read more here
Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.
Regarding the hiring part,
first read here about H-1 visa
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.
Now, read more about H-1B LCA here
http://www.lca.doleta.gov/h1bcl_nw.pdf
Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.
On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.
More about LCA here
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
Hopefully, you will trust lawyer more than me.
Have a good day!
What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
Read I-9 form. Employee must have work authorization before he/she can start work.
Read more here
Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.
Regarding the hiring part,
first read here about H-1 visa
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.
Now, read more about H-1B LCA here
http://www.lca.doleta.gov/h1bcl_nw.pdf
Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.
On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.
More about LCA here
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
Hopefully, you will trust lawyer more than me.
Have a good day!
khaidhi786
09-24 04:57 PM
Congrats Dude !!
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mhkumar
02-09 12:48 PM
Amount: $21.00 USD
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Transaction Date: Feb. 9, 2009
Transaction ID: 3D0578784M4536128
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gee_see
10-01 04:13 PM
There was no discussion on invoking AC21 where the salary is lower than specified in LC. For example wages for LC filed in bay area will be higher than other places and if one wishes to move to work location where prevaling wages are lower compare with original LC location. What would USCIS position on this since AC21 does not talk about work location.
wage for Original LC location in Santa Clara:- 90k
New job offer in mid west:- 70K ( much higher than prevaling wages)
Please comment
wage for Original LC location in Santa Clara:- 90k
New job offer in mid west:- 70K ( much higher than prevaling wages)
Please comment
sanjeev
06-22 01:50 PM
A Employment letter is mandatory for I-485, the letter has to state that the job position is still available. Refer the below link from USCIS website
http://www.uscis.gov/propub/DocView/afmid/dat/I_485.PDF
Well, just say that you will bear ALL expenses associated with filing I-485. That way the only expense for the employer will be a few cents to photocopy and give you the approved copy of I-140.
If you can get the employment letter as well, that's awesome. Otherwise, just use two recent pay stubs. And for those who are going to jump in and say, "No, employment letter is absolutely required...", well, it is not. It's good to have one in case USCIS want it, but not mandatory.
Thanks,
Jayant
P.S.: I am guessing the net financials of your company must be $5000/year otherwise I don't see how paying for your I-485 affects the company's bottomline! :-) Of all the BS, this excuse is a winner!!
http://www.uscis.gov/propub/DocView/afmid/dat/I_485.PDF
Well, just say that you will bear ALL expenses associated with filing I-485. That way the only expense for the employer will be a few cents to photocopy and give you the approved copy of I-140.
If you can get the employment letter as well, that's awesome. Otherwise, just use two recent pay stubs. And for those who are going to jump in and say, "No, employment letter is absolutely required...", well, it is not. It's good to have one in case USCIS want it, but not mandatory.
Thanks,
Jayant
P.S.: I am guessing the net financials of your company must be $5000/year otherwise I don't see how paying for your I-485 affects the company's bottomline! :-) Of all the BS, this excuse is a winner!!
more...
sayantan76
03-09 11:18 PM
And I know a guy (a restaurant waiter from Nepal) got his GC in frikkin 14 months. And this was 5 years ago when I had just applied and now even today mine is still pending and that Nepali waiter who could not speak 4 words in English is now a Citizen and whenever I go to this restaurant for a buffet he keeps laughing at me and he is still a waiter in the same restaurant. I know him for 6 years. I get enraged at this countrys immigration policy. And I have met about 5 cabbies (Somalia, Pakistan, Sudan) etc etc who came here by winning visa lottery. And they are all citizens or GC holders. This is a mockery. This country has finally started to SUCK big time.
what makes you think you are more important to american society than the waiter or the cabbies? we all come to US under full disclosure but a hope that by the time our turn at GC (and Citizenship for those who care) comes - the queues would have shortened or the rules would have changed in our favor and we wont have to wait for so long......
what makes you think you are more important to american society than the waiter or the cabbies? we all come to US under full disclosure but a hope that by the time our turn at GC (and Citizenship for those who care) comes - the queues would have shortened or the rules would have changed in our favor and we wont have to wait for so long......
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pitha
07-09 11:47 AM
The text you quoted below only states that the AOS petition can only be approved if a visa number is available, no where does it say that AOS petition cannot be accepted if visa number is not available. we are not asking for AOS petition to be approved we are only asking that AOS petition be filed and accepted by USCIS.
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
============================
My points -
a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.
b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.
c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.
______________________
Not a legal advice.
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
============================
My points -
a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.
b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.
c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.
______________________
Not a legal advice.
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sirinme
01-24 06:01 PM
Any time your job responsibilities change on paper, that could be a risky proposition, I think. An architect's role is a lot different from that of a programmer analyst. So unless the original job description for programmer analyst is too broad in its wording, you might be in for trouble.
Thanks SIRINEME for Sharing your experiance.
Quick Question though,
What Happens if you are offered Higher Position then the responsibility listed in Job descirption? For eg. Lots of perople apply for Programmer/Analyst Position and over the years of cumulative experiance he is offered Architect Position.
Thanks,
Thanks SIRINEME for Sharing your experiance.
Quick Question though,
What Happens if you are offered Higher Position then the responsibility listed in Job descirption? For eg. Lots of perople apply for Programmer/Analyst Position and over the years of cumulative experiance he is offered Architect Position.
Thanks,
hair This Page displays the
alex99
07-02 09:51 AM
Sent on Jun 30 to reach on 2'nd July.
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nag2007
03-25 04:14 PM
I think you will get in less than 2 years. It will not take 10 years. Hang on. Total GC process time from applying to labor to getting GC usually is 4 years. some unlucky people had to wait more than that. But more than 80% fall in to 4 year time line.
but some were lucky people got it quickly because they could cut lines.
Thats not true. My PD is March 2005. When my PD comes, I have to apply for EAD whereas others will get GC. Oh such a screwed up system.
but some were lucky people got it quickly because they could cut lines.
Thats not true. My PD is March 2005. When my PD comes, I have to apply for EAD whereas others will get GC. Oh such a screwed up system.
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grupak
07-30 11:10 AM
As other have noticed, I also got two emails. One on July 29 other July 30 about the case.
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maverick_joe
05-02 02:16 PM
HAHA, true, and reddymjm should be made acting deputy director for this effort like Mr. Aytes.
I'm glad that he re-edited his language in his previous post!
It sounds like IV should assign PD to people who join and accordingly allow them to comment.......just like USCIS allot GC based on PD.....:)
I'm glad that he re-edited his language in his previous post!
It sounds like IV should assign PD to people who join and accordingly allow them to comment.......just like USCIS allot GC based on PD.....:)
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qasleuth
02-12 02:28 PM
You have still not answered my question - where did you get the idea that I am here self imposing high standards? You have talked about everything else but that. So you have decided to take refuge by not answering the main reason why I said you are making accusations.
And just to prove that you are not off the mark, you are confusing everyone else who is reading the posts, between being on the right side morally and having a high standard in general! Again, get this into your head before you start typing more nonsense.
I totally get that people like you need to feel like everyone is more or equally corrupt than themselves, and that you try very hard to push down someone's throat that they are also as flawed as you are. Its ok, I understand! You're in that state of mind right now, that's why you're after me for 3-4 posts arleady asking me to accept that I'm not morally sincere!
Its time you go back to being in an artificially blissful state of mind thinking that you have proven everyone on this planet who dare speak of ethics and moral to be somehow riding on a high horse.
I know people like you, they are a dime a dozen! I do not have to pander to your misguided statements anymore!
LOL ! You made your point on page 2 and you should have let it go (about the morality of the issue)...when you keep hitting the point home giving the impression that you are squeaky clean is where my post came in. You misrepresented when you applied for a student visa and then got a job. period. Then you attack the other guy on his comm skills by saying things like "thinking in your native tongue and translating" BS when your own comm skills are in doubt. I have not condoned any of the actions in this thread, just taking exception to your language and presumptions.
As kumar pointed out, no need to be ultra harsh. Now let it go...bye.
And just to prove that you are not off the mark, you are confusing everyone else who is reading the posts, between being on the right side morally and having a high standard in general! Again, get this into your head before you start typing more nonsense.
I totally get that people like you need to feel like everyone is more or equally corrupt than themselves, and that you try very hard to push down someone's throat that they are also as flawed as you are. Its ok, I understand! You're in that state of mind right now, that's why you're after me for 3-4 posts arleady asking me to accept that I'm not morally sincere!
Its time you go back to being in an artificially blissful state of mind thinking that you have proven everyone on this planet who dare speak of ethics and moral to be somehow riding on a high horse.
I know people like you, they are a dime a dozen! I do not have to pander to your misguided statements anymore!
LOL ! You made your point on page 2 and you should have let it go (about the morality of the issue)...when you keep hitting the point home giving the impression that you are squeaky clean is where my post came in. You misrepresented when you applied for a student visa and then got a job. period. Then you attack the other guy on his comm skills by saying things like "thinking in your native tongue and translating" BS when your own comm skills are in doubt. I have not condoned any of the actions in this thread, just taking exception to your language and presumptions.
As kumar pointed out, no need to be ultra harsh. Now let it go...bye.
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zoooom
07-19 06:49 PM
In ^^^
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gk_2000
02-09 08:47 PM
Quick ques: How to set up recurring payment in paypal?
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solaris27
08-12 08:07 AM
Mailed: July 12th
RD: Jul 15th
ND: July 15th
EAD approved - August 12 2008
What I did till now.
1) Contacted Senator/Congressman/Governor
2) Filled 7001 form for Ombudsman
3) Called USCIS 10 times in last 10 days and come to know that everything is cleared on my and wife applications.
4) Strange thing applied EAD on July 15th 2008 and got approved today august 12 2008.
RD: Jul 15th
ND: July 15th
EAD approved - August 12 2008
What I did till now.
1) Contacted Senator/Congressman/Governor
2) Filled 7001 form for Ombudsman
3) Called USCIS 10 times in last 10 days and come to know that everything is cleared on my and wife applications.
4) Strange thing applied EAD on July 15th 2008 and got approved today august 12 2008.
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hiUS
09-17 10:33 AM
Did any body received the card or case status changed to Card production ordered apart from GCEB2?
It seems there is progress only for GCEB2 for the gys who got the approval notice in August.
Mine:
8/12/08 - Appproval Notice email
8/18/08 - Approval Notice mail (post)
and nothing after that...
It seems there is progress only for GCEB2 for the gys who got the approval notice in August.
Mine:
8/12/08 - Appproval Notice email
8/18/08 - Approval Notice mail (post)
and nothing after that...
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mksusa
05-23 05:45 PM
I mad phone calls to each and every senator mentioned in the list as well as to my states senators. Sent emails to all of them.
sayonara
08-20 04:18 PM
Thanks for ur response. Whats the number to call?
nixstor
08-19 07:15 AM
Guys,
There is no point in fighting over the inconsistency of CIS in picking applications. All of us know that a lot of people got approved last year during visa gate and many were left over even though their PD's are current. No one knows how USCIS picks an application for adjudication. It is clearly neither completely RD based nor PD based. It's up to the whims and fancies of CIS.
If IV were to make agenda's on the inconsistencies of USCIS, the list will be endless.
I have 04 PD and am waiting. I have friends with 06 PD's who got approved. I know its frustrating to watch your friends get approved and to have your own case pending for no reason. But this is NOT some thing we should be surprised about. CIS is trying to maximize visa number usage and trying to approve as many applications as they can. All of July 07 filers have passed the 180 days since the FBI name check has been initiated and ideally CIS should be approving applications with old PD's. We all know that we don't live in an ideal world. Imagine all these visa numbers going wasted. I personally (NOT IV) will try to get an answer to this FIFO issue, but the situation itself is short lived and probably will not exist by Oct 1st 08.
There is no point in fighting over the inconsistency of CIS in picking applications. All of us know that a lot of people got approved last year during visa gate and many were left over even though their PD's are current. No one knows how USCIS picks an application for adjudication. It is clearly neither completely RD based nor PD based. It's up to the whims and fancies of CIS.
If IV were to make agenda's on the inconsistencies of USCIS, the list will be endless.
I have 04 PD and am waiting. I have friends with 06 PD's who got approved. I know its frustrating to watch your friends get approved and to have your own case pending for no reason. But this is NOT some thing we should be surprised about. CIS is trying to maximize visa number usage and trying to approve as many applications as they can. All of July 07 filers have passed the 180 days since the FBI name check has been initiated and ideally CIS should be approving applications with old PD's. We all know that we don't live in an ideal world. Imagine all these visa numbers going wasted. I personally (NOT IV) will try to get an answer to this FIFO issue, but the situation itself is short lived and probably will not exist by Oct 1st 08.
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