desi3933
06-28 06:46 AM
desi3933,
Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --
The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.
Thanks for your reply.
H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.
Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).
Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.
Now, coming back to your quote
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.
In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.
It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.
Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC holder.
Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.
_______________________
Not a legal advice.
US citizen of Indian origin
Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --
The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.
Thanks for your reply.
H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.
Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).
Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.
Now, coming back to your quote
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.
In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.
It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.
Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC holder.
Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.
_______________________
Not a legal advice.
US citizen of Indian origin
wallpaper Kristen even started to stroke
another_wei
08-24 08:51 PM
Service center was Nebraska, check cashed of course because got receipt notice in mail yesterday
apahilaj
09-10 02:31 PM
Hello friends,
I was wondering about the FP notice time frame. I had applied for 485/EAD/AP on July 2nd at NSC which later got transferred to TSC. Receipts indicate that notice date is 8/27.
I was wondering how many days does it take to get FP notice from the 485 notice date? data indicates that some of the TSC guys who have notice dates of 8/29 have already got their FP notices scheduled for mid september.
Thanks.
I was wondering about the FP notice time frame. I had applied for 485/EAD/AP on July 2nd at NSC which later got transferred to TSC. Receipts indicate that notice date is 8/27.
I was wondering how many days does it take to get FP notice from the 485 notice date? data indicates that some of the TSC guys who have notice dates of 8/29 have already got their FP notices scheduled for mid september.
Thanks.
2011 with Kristen Stewart,
SunnySurya
08-18 07:47 PM
So, how are u going to help us????
I will help you in this but do us all a favor and don't reply to any more messages....
I will help you in this but do us all a favor and don't reply to any more messages....
more...
Dhundhun
07-21 09:44 PM
I'm confused!
I am July 2nd filer from last year. I did receive a FP notice in Oct 2007 but couldn't go for it. I sent a letter asking for another date but TSC..So go figure!...
Is e-filing costly? - NO
Does paper based filing not trigger FP? - NO
Is it slower? - NO
I am July 2nd filer from last year. I did receive a FP notice in Oct 2007 but couldn't go for it. I sent a letter asking for another date but TSC..So go figure!...
Is e-filing costly? - NO
Does paper based filing not trigger FP? - NO
Is it slower? - NO
nyte_crawler
05-04 02:56 PM
I believe SKIL is another way of showing that politicians just want to start something to show that they are immigrant friendly. I don't know how far this can go through. My question is this,
Does this mean that folks in EB3 pending will be exempted from quota, if they have a Masters from US ?
Does this mean that folks in EB3 pending will be exempted from quota, if they have a Masters from US ?
more...
GC_Green9
07-20 06:44 AM
I am In. I pledge $100 for this thread
-----------------------------
Contributed $400
-----------------------------
Contributed $400
2010 Kristen Stewart and Robert
ub27
07-27 02:28 PM
Paper filed at TSC on May 22, 2008
Service center: TSC
Last LUD on May 29
No updates since.
Currently working on EAD and exires in Sept 2008
----------------
Just called the service center and reply I got back was weird. Apparently their case status viewing system is down and will not be up and running for another 1 week. So, no info as of now and call back in 1 week :(
Recieved an email just now. Status was updated to card production ordered.
Paper filed at TSC on May 22, 2008
Service center: TSC
Last LUD on July 25 (Previous update was on May 25)
Current status: Card production ordered.
Waiting till I get the card .........
Service center: TSC
Last LUD on May 29
No updates since.
Currently working on EAD and exires in Sept 2008
----------------
Just called the service center and reply I got back was weird. Apparently their case status viewing system is down and will not be up and running for another 1 week. So, no info as of now and call back in 1 week :(
Recieved an email just now. Status was updated to card production ordered.
Paper filed at TSC on May 22, 2008
Service center: TSC
Last LUD on July 25 (Previous update was on May 25)
Current status: Card production ordered.
Waiting till I get the card .........
more...
english_august
07-09 08:59 AM
Not 100 words though
http://docs.google.com/Doc?id=ap9x7pmvk6s_32c3khvg
http://docs.google.com/Doc?id=ap9x7pmvk6s_32c3khvg
hair Kristen Stewart Hot Hollywood
imconfused
07-02 11:08 PM
these things rrgood for movies not practical life. 2 days more and everyone will move on. just watch...
and now, here everyone comes bashing me for speaking the truth :)
and now, here everyone comes bashing me for speaking the truth :)
more...
h4help
08-29 02:32 PM
recieved July 5th at NSC @ 11.11 am signed by Heinauer ..
no updates yet ! :confused:
no updates yet ! :confused:
hot Rob Pattinson and Kristen
ub27
07-29 08:53 AM
Recieved an email just now. Status was updated to card production ordered.
Paper filed at TSC on May 22, 2008
Service center: TSC
Last LUD on July 25 (Previous update was on May 25)
Current status: Card production ordered.
Waiting till I get the card .........
Just got an e-mail telling my approval notice for EAD was mailed:
Paper filed at TSC on May 22
On July 28, 2008, we mailed you a notice that we have approved this I765
Paper filed at TSC on May 22, 2008
Service center: TSC
Last LUD on July 25 (Previous update was on May 25)
Current status: Card production ordered.
Waiting till I get the card .........
Just got an e-mail telling my approval notice for EAD was mailed:
Paper filed at TSC on May 22
On July 28, 2008, we mailed you a notice that we have approved this I765
more...
house 1 of 9. Kristen
Viktor
07-20 12:01 AM
I contributed $100 to IV just yesterday, I did not see this post before.
I think its wrong to let someone bear the burden alone for something thats a shared objective.
Count me in for the pledge
I think its wrong to let someone bear the burden alone for something thats a shared objective.
Count me in for the pledge
tattoo Ms Stewart arrived in Park
desighee
04-21 07:03 PM
Dear Mehul,
I know a lot of people might have suggested you different things for your well being.I would really like to suggest to please try Ramdev's yoga.If possible plan a trip to India and attend a camp.Several thousand people with chronic illnesses for which medical science had apparently no cure,have fully recovered .I would really suggest you to try:http://divyayoga.com/main.htm
May be you can subscribe to Aastha channel.They show interviews of people who have recovered from last stages of cancer.
May god bless you and you fully recover.
Do do try the Ramdev camp once.
you will fully recover,
sandeep
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
I know a lot of people might have suggested you different things for your well being.I would really like to suggest to please try Ramdev's yoga.If possible plan a trip to India and attend a camp.Several thousand people with chronic illnesses for which medical science had apparently no cure,have fully recovered .I would really suggest you to try:http://divyayoga.com/main.htm
May be you can subscribe to Aastha channel.They show interviews of people who have recovered from last stages of cancer.
May god bless you and you fully recover.
Do do try the Ramdev camp once.
you will fully recover,
sandeep
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
more...
pictures Kristen stars in the
csvinay
07-10 12:39 PM
Shipper: DHL.
Order Number: FNL1792925
Order Number: FNL1792925
dresses Rob and Kristen Spotted in
Mount Soche
12-17 09:44 AM
I got "the letter" too...
It is just a letter recognizing that there was a SR made etc...
There really is no substance to it. You should get your letter before 45 days of creating the SR. I got mine on the 45th day.
Once again, the letter says nothing. What should happen is that your FP appointment should be made during the 45 days after you create a SR. If it is not made, you get "the letter." After the letter, I was told to wait 60 days from when I received the letter to get FP appointment and if I didn't get them within those days to call back.
Last week I called USCIS regarding FP and Customer Representative told me that they have sent me a letter on 21st of Oct regarding SR I opened in the month of OCT (I haven't received that letter yet. Do not know where they sent it). I asked her about the content of the letter but she said she doesn't have that information and I have to wait till 19th Dec to open new SR. She suggested visiting local USCIS through Infopass. I have taken infopass appointment for this coming Friday. I will update you on Friday about the appointment.
It is just a letter recognizing that there was a SR made etc...
There really is no substance to it. You should get your letter before 45 days of creating the SR. I got mine on the 45th day.
Once again, the letter says nothing. What should happen is that your FP appointment should be made during the 45 days after you create a SR. If it is not made, you get "the letter." After the letter, I was told to wait 60 days from when I received the letter to get FP appointment and if I didn't get them within those days to call back.
Last week I called USCIS regarding FP and Customer Representative told me that they have sent me a letter on 21st of Oct regarding SR I opened in the month of OCT (I haven't received that letter yet. Do not know where they sent it). I asked her about the content of the letter but she said she doesn't have that information and I have to wait till 19th Dec to open new SR. She suggested visiting local USCIS through Infopass. I have taken infopass appointment for this coming Friday. I will update you on Friday about the appointment.
more...
makeup Kristen Stewart was
beautifulMind
10-08 05:24 PM
So you are laid off so what is the big deal? You should be able to negotiate somehow or escape layoffs by doing something or the other. There are people in my company who survived 6 layoffs. Your layoff is your problem and nothing is fair in the globalization.
Actually my company went bankrupt and eventually everyone got laidoff...
I have paid taxes to this country for 9 years now and I deserve a GC.
We have had to give up our dreams stuck at the same job for 5-6 years..Did not take promotions, pay hikes with fears of screwing up the GC process...many got laid off....
The process is just screwed up..no other country follows it and it is the same process from last 20 years...
Actually my company went bankrupt and eventually everyone got laidoff...
I have paid taxes to this country for 9 years now and I deserve a GC.
We have had to give up our dreams stuck at the same job for 5-6 years..Did not take promotions, pay hikes with fears of screwing up the GC process...many got laid off....
The process is just screwed up..no other country follows it and it is the same process from last 20 years...
girlfriend Kristen Stewart Hot Hollywood
apahilaj
09-10 02:31 PM
Hello friends,
I was wondering about the FP notice time frame. I had applied for 485/EAD/AP on July 2nd at NSC which later got transferred to TSC. Receipts indicate that notice date is 8/27.
I was wondering how many days does it take to get FP notice from the 485 notice date? data indicates that some of the TSC guys who have notice dates of 8/29 have already got their FP notices scheduled for mid september.
Thanks.
I was wondering about the FP notice time frame. I had applied for 485/EAD/AP on July 2nd at NSC which later got transferred to TSC. Receipts indicate that notice date is 8/27.
I was wondering how many days does it take to get FP notice from the 485 notice date? data indicates that some of the TSC guys who have notice dates of 8/29 have already got their FP notices scheduled for mid september.
Thanks.
hairstyles Kristen+stewart+hot+body
vin13
03-06 03:38 PM
They are not going to do what you tell them, 5 year is just an example, people are waiting for 9 years. I say 5 becaue even ROW is 2 year back, so asking 2 would be like take it off...
Mirage,
I completely agree with you. I was just trying to get a point across some of the members who just like to shoot down proposals.
Mirage,
I completely agree with you. I was just trying to get a point across some of the members who just like to shoot down proposals.
nixstor
06-22 01:45 PM
I think people are confused and think that pay stubs can be substituted for Employment letter. I don't see how that will be accepted. The 485 application ( See on page 4 1st para ) clearly states that they need a letter from employer stating that the job for which GC has been filed is still available and the salary will be paid as per the LC and 140. This is NOT current employment verification letter. Period. Its about future job. The job titles of H1B (current job) and GC (future job) can be different. Get out of the H1B transfer and extension mode.
If the letter from employer is part of initial evidence and you don't have it, your application might come back as per the memo release on Jun 16th.
If the letter from employer is part of initial evidence and you don't have it, your application might come back as per the memo release on Jun 16th.
chanduv23
04-20 01:58 PM
Can we assume there are no issues?
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