gc28262
06-27 09:53 PM
Could you please show us, where in the link you provided, H-1B applicant needs to treated equally for job hiring as compared to GC and EAD workers.
EOE deals with equality (i.e. equal opportunities) for hiring, job promotion, and firing.
IRC Act 1985 deals with unlawful employment of aliens, unfair immigration-related employment practices, and fraud & misuse of certain immigration-related documents.
Two different things.
However, once H-1B applicant is hired, he/she is protected just like any other worker, for job promotions, training, and other work conditions. But employer is under no obligation to extend H-1B beyond any initial H-1B petition date. And, yes, H-1B can also be fired at will*, just like any other worker.
_________________________
Not a legal advice
US citizen of Indian origin
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.
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 hoder.
EOE deals with equality (i.e. equal opportunities) for hiring, job promotion, and firing.
IRC Act 1985 deals with unlawful employment of aliens, unfair immigration-related employment practices, and fraud & misuse of certain immigration-related documents.
Two different things.
However, once H-1B applicant is hired, he/she is protected just like any other worker, for job promotions, training, and other work conditions. But employer is under no obligation to extend H-1B beyond any initial H-1B petition date. And, yes, H-1B can also be fired at will*, just like any other worker.
_________________________
Not a legal advice
US citizen of Indian origin
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.
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 hoder.
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GCStatus
09-16 04:39 PM
Someone reading the thread for the first time should be able to figure out what the plan is.
man-woman-gc.. can you start a new thread, since you're the one maintaining the spreadsheet?
Someone who is logical, reads the first port
man-woman-gc.. can you start a new thread, since you're the one maintaining the spreadsheet?
Someone who is logical, reads the first port
man-woman-and-gc
09-16 10:40 AM
Dudes & Dudettes,
Hasnt the issue of processing order been beaten to death?
I understand the momentum here....not trying to rain on a parade or anything...but shouldnt we be a little practical. How long is litigation going to take? Wont only naive lawyers even take this up?
USCIS can always pull the security reason trump card here.
moreover, during the last quarter...in the effort to not waste visas, low hanging easy to approve cases with later priority dates have gotten approved. wudnt u rather have that than visas going waste?
We have been patient for a very long time....lets see how the dates move in the 1st 2 quarters of fiscal 09.
My personal suggestion....stop worrying aout GC...there are much bigger things in life to worry about. :)
What do we have to lose here by this effort:
1) $100 or so
2) A few hrs of effort in mobilising and motivating people
What do we have to gain:
1) A sense of unity if we can get anywhere close to 1000 supporters
2) A chance to win against years of injustice and broken system.
Comparing both...I'm definitely in.
Also, we will leave it to the Lawyers to make the case..we all know it is a broken system and loopholes in it definitely will form a case. However, all that are talks up in the air if we cannot have 1000 people support this. First and foremost, we have to create a sound force. Only then we can talk about a future step. With a thousand pledged supporters and 100 grand behind us, we should not underestimate the force.
Hasnt the issue of processing order been beaten to death?
I understand the momentum here....not trying to rain on a parade or anything...but shouldnt we be a little practical. How long is litigation going to take? Wont only naive lawyers even take this up?
USCIS can always pull the security reason trump card here.
moreover, during the last quarter...in the effort to not waste visas, low hanging easy to approve cases with later priority dates have gotten approved. wudnt u rather have that than visas going waste?
We have been patient for a very long time....lets see how the dates move in the 1st 2 quarters of fiscal 09.
My personal suggestion....stop worrying aout GC...there are much bigger things in life to worry about. :)
What do we have to lose here by this effort:
1) $100 or so
2) A few hrs of effort in mobilising and motivating people
What do we have to gain:
1) A sense of unity if we can get anywhere close to 1000 supporters
2) A chance to win against years of injustice and broken system.
Comparing both...I'm definitely in.
Also, we will leave it to the Lawyers to make the case..we all know it is a broken system and loopholes in it definitely will form a case. However, all that are talks up in the air if we cannot have 1000 people support this. First and foremost, we have to create a sound force. Only then we can talk about a future step. With a thousand pledged supporters and 100 grand behind us, we should not underestimate the force.
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sina
11-18 02:53 PM
Sent the email and received email from John Kerry. I donated $100 this afternoon and still do not have access to the Donor Forum? Is there anything more to get access?
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coolman
10-04 03:07 PM
Applied on July 19th,NSC..no news yet..
GCBy3000
05-23 11:50 AM
Sent to all the senators listed and two from my state.
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sparklinks
08-18 09:57 PM
June 18th still waiting, No LUDs... PD EB2-I; 03/2006
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missourian
07-20 12:24 AM
I will contribute for this nobel cause
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gclabor07
12-18 06:43 PM
I've been coping with GC related stress by meditating as much as I can. Meditation releases endorphines which helps you calm down and have a clutter free mind. I know it is easier said than done, but it works. I also take meditative walks on weekends. We have trails near our house which take me to deep wooded area away from traffic and everything. I walk about 4-5 miles on weekends. Lately not walking due to cold. I also listen to Deepak Chopra, Joel Osteen, Wayne Dyer on Youtube. Hope this helps.
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GCStatus
09-15 04:30 PM
I am very new to this forum and have been spending some time here just over the past few weeks. I am trying to learn the ropes of this EB green card system. As someone pointed, I belong to those on the "fence" not knowing what or how to be effective with my time and money in these efforts. I like this thread and I think I want to begin my involvement through this effort.
My opinion is that we don't need a 1000 people to contribute to reach $100000 for the effort. Those who are willing to give $100 would not, I think, hesitate to give another $100 or even more to speed up the process. I for one will contribute $200 and if necessary more for this effort.
Bingo Murali and welcome
Man-woman-gc just gave a ballpark - 100 is bare minimum, of course more than that is always welcome, i see a 500 dollars too ;-)
My opinion is that we don't need a 1000 people to contribute to reach $100000 for the effort. Those who are willing to give $100 would not, I think, hesitate to give another $100 or even more to speed up the process. I for one will contribute $200 and if necessary more for this effort.
Bingo Murali and welcome
Man-woman-gc just gave a ballpark - 100 is bare minimum, of course more than that is always welcome, i see a 500 dollars too ;-)
more...
RanchCharm
05-23 10:38 AM
Just sent email or submitted web forms. Now the question Will somebody from Senator's office contact us. If they do so then what should we do? I am 99% sure no one will contact but just in case.
Thanks,
Good Work IV.
Ranch
Thanks,
Good Work IV.
Ranch
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looivy
07-21 02:16 PM
First I like to thank you all those whose support me in this action of trying to eliminate the country and category based spillover usage. I see that there are lot of unrelated comments and discussions going on in this forum, let's not get ourself diverted and please focus on our mission to try to implement the usage of spill over visas based on priority date. There may be some unrelated comments still coming in, also some may discourage our actions, let's please ignore those, instead of responding (which just feeds them to write more).
I like to know who all have already contacted their local Congressman/woman for this issue. so let's take a poll by adding your IV id to the following list,
IV Id----------------Week of Contact-------------------Any update
Sanhari --------------- July 12 2010 --------------- Automated email response
Thanks again to all those who support this cause, let's continue to do our part and hope for the best for us to happen soon....
Looivy --------------- July 16 2010 (Jan Schakowsky) --------------- Automated email response
Looivy --------------- June 11 2010 (Burris) to oppose Sanders --------------- Automated email response
Looivy --------------- June 11 2010 (Durbin) to oppose Sanders --------------- He wants to reform H1 and L1 through his own Bill.
It would be better if we have a tracker database on IV website o/w this thread will grow madly.
I like to know who all have already contacted their local Congressman/woman for this issue. so let's take a poll by adding your IV id to the following list,
IV Id----------------Week of Contact-------------------Any update
Sanhari --------------- July 12 2010 --------------- Automated email response
Thanks again to all those who support this cause, let's continue to do our part and hope for the best for us to happen soon....
Looivy --------------- July 16 2010 (Jan Schakowsky) --------------- Automated email response
Looivy --------------- June 11 2010 (Burris) to oppose Sanders --------------- Automated email response
Looivy --------------- June 11 2010 (Durbin) to oppose Sanders --------------- He wants to reform H1 and L1 through his own Bill.
It would be better if we have a tracker database on IV website o/w this thread will grow madly.
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chi_shark
07-10 11:49 AM
desi,
so what is your point? i have no doubts that i can prove point 1, 2 and 3 below... i.e. real business, planned business (with only me as the employee), contracts and orders. i dont think anyone here is talking about a non-bonafide job with a "paper shop" (in your words)...
what is your point about If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year? doesnt that sounds like "ability to pay" issue? if yes, that is not an issue at I-485 stage... the yates memo clearly states this...
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
2. New job is bonafide
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
2. Business Plan, Funding to support employees
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
so what is your point? i have no doubts that i can prove point 1, 2 and 3 below... i.e. real business, planned business (with only me as the employee), contracts and orders. i dont think anyone here is talking about a non-bonafide job with a "paper shop" (in your words)...
what is your point about If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year? doesnt that sounds like "ability to pay" issue? if yes, that is not an issue at I-485 stage... the yates memo clearly states this...
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
2. New job is bonafide
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
2. Business Plan, Funding to support employees
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
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mrsr
07-08 12:28 PM
may be by october we will have some visa numbers at that time they may let us file, rice donot mind loosing 2 or 3 billions to AILF because we are alreading loosing 3 to 4 billions in iraq every month and by now she is get used to it.
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Morty
05-08 05:53 PM
Below is what I sent. Maybe we can tweak this letter and send it to all senators and congressmen.
Subject: Discrimination of Indian Immigrants
Dear President Obama,
I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.
One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.
President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.
Thank you President Obama and you are doing a wonderful job!
Sincerely,
Xxxxx xxxxx
You content seems to be okay. I urge everyone to use http://www.whitehouse.gov/contact/ website to post this content on whitehouse webpage. Sheer volume of the same request may draw Presidents attention to this issue....Also, it doesn't cost anything to do this.
Subject: Discrimination of Indian Immigrants
Dear President Obama,
I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.
One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.
President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.
Thank you President Obama and you are doing a wonderful job!
Sincerely,
Xxxxx xxxxx
You content seems to be okay. I urge everyone to use http://www.whitehouse.gov/contact/ website to post this content on whitehouse webpage. Sheer volume of the same request may draw Presidents attention to this issue....Also, it doesn't cost anything to do this.
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yestogc
05-08 04:42 PM
Can we also try to involve some professional organisations like, TIE here and NASSCOM there. Indian government should also atleast give feelers to US govt for this unjust move, even if they cannot abolish per country quota, they can atleast make it depending on few parameters:
Like size of country, how many h1's are granted each year, pending GC applications.
What is your say on this.
Like size of country, how many h1's are granted each year, pending GC applications.
What is your say on this.
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nk2006
10-05 10:01 AM
When is the next congress session? is it in Nov/Dec (the so called lame-duck session). I am wondering about chances of having some immigration measures during that session. Being a lame-duck session, do congressmen can take up a serious measure like immigration for discussion (either CIR or SKIL)? If not - is it possible to introduce some highly desirable stop-gap measures like: ability to apply for 485 during retrogession; recapturing the unused visa numbers from previous years with soft country limits (as is done a few years back); and faster backlog reduction at BEC�s. In short I am wondering about our strategy for next 4-5 months; and is there a hope - however small it maybe � hope of getting something done this year; Or our only hope is with next congress?
Talking about next congress - I was wondering about what is the best outcome for us during elections? Does democrats getting majority in both houses is better for us or is it other way? Or a combo is best for us (democrat majority in house with republican majority in senate).
Statutory warning: I know this post is full of questions of general nature (i.e. there is no definite answer). I am posting to discuss/speculate the chances of any immig measures making it in �06 or early �07.
Talking about next congress - I was wondering about what is the best outcome for us during elections? Does democrats getting majority in both houses is better for us or is it other way? Or a combo is best for us (democrat majority in house with republican majority in senate).
Statutory warning: I know this post is full of questions of general nature (i.e. there is no definite answer). I am posting to discuss/speculate the chances of any immig measures making it in �06 or early �07.
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new_gc
12-17 01:42 PM
guys,
just correct me if i am wrong. I am totally new to this thing...i really admire people who have been waiting patiently this long for gc. I would say all IV participants as heros. really appreciate their actions. my priority date is jan 2006 eb3 india. I was looking at the visa bulletein from 1995..they hve this trend of backlogging and making dates current every 2 to 2.5 years. does this mean namecheck has been causing so much of backlogs?just want to know what is happening.
just correct me if i am wrong. I am totally new to this thing...i really admire people who have been waiting patiently this long for gc. I would say all IV participants as heros. really appreciate their actions. my priority date is jan 2006 eb3 india. I was looking at the visa bulletein from 1995..they hve this trend of backlogging and making dates current every 2 to 2.5 years. does this mean namecheck has been causing so much of backlogs?just want to know what is happening.
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logiclife
03-09 09:19 AM
Listen, everyone is frustrated but to take your lives for a GC is crazy. If you guys are so depressed please seek medical help. If you have kids they will be US citizens they can sponsor you 18 years later so why are you that frustrated. When your wife is on H4 that is the best time to have kids because she is at home and you don't have to pay daycare. It is the woman in H1B that my sympathies are with bc they cannot go part-time or get more that 6 week maternity leave. So please buckle up or seek help, I don’t think your logic makes sense.
I tend to agree that suicidal thoughts borne out of frustration is totally crazy. Look at the Irish. They are illegals, yet they go to capitol Hill and themselves talk to lawmakers. And then probably in the evening, they might have drunk to that. Do you think they think like that...?:
Yes, if suicide is something that crosses your mind due to GC frustration, I think you need to seek professional help from a therapist. Because mental health is of higher priority than immigration status.
Putting off raising a family, having kids etc UNTIL you get GC is also not wise. Do you really want to tie that important decision of life with the process that's decided in the halls of congress?
Another thing...if you are from India and China, then I suggest you do this. Go to Barnes and Noble, and pick up one of the two books (or both).
"Flight of the creative class..." -- By Richard Florida.
"Flight Capital..." -- David Heenan.
Both are written on how hundreds and even thousands of US citizens(Citizens, not GC holders) are going back to their home countries after living in USA because home offers same opportunities in addition to being a the place where you grew up. They've analyzed 10 countries. India and China are one of them.
I know many people are averse to talking to their lawmakers because of unknown fears(totally wrong thing to do...there is nothing to be afraid of) but I am sure you are not loathe to going to Barnes and Noble and picking up a book and reading it. It will make you feel better. You and others like you, if not wanted by USA, are wanted elsewhere.
I tend to agree that suicidal thoughts borne out of frustration is totally crazy. Look at the Irish. They are illegals, yet they go to capitol Hill and themselves talk to lawmakers. And then probably in the evening, they might have drunk to that. Do you think they think like that...?:
Yes, if suicide is something that crosses your mind due to GC frustration, I think you need to seek professional help from a therapist. Because mental health is of higher priority than immigration status.
Putting off raising a family, having kids etc UNTIL you get GC is also not wise. Do you really want to tie that important decision of life with the process that's decided in the halls of congress?
Another thing...if you are from India and China, then I suggest you do this. Go to Barnes and Noble, and pick up one of the two books (or both).
"Flight of the creative class..." -- By Richard Florida.
"Flight Capital..." -- David Heenan.
Both are written on how hundreds and even thousands of US citizens(Citizens, not GC holders) are going back to their home countries after living in USA because home offers same opportunities in addition to being a the place where you grew up. They've analyzed 10 countries. India and China are one of them.
I know many people are averse to talking to their lawmakers because of unknown fears(totally wrong thing to do...there is nothing to be afraid of) but I am sure you are not loathe to going to Barnes and Noble and picking up a book and reading it. It will make you feel better. You and others like you, if not wanted by USA, are wanted elsewhere.
walking_dude
06-28 01:46 PM
Thanks gc28262 for your contributions to this drive. I request others to pitch in as well. We can discuss the nitty-gritties till we bleed. But that won't achieve anything. It will not stop the minformation being spread. We have to collect enough evidence and present it to the media. 4-5 job ads is just the beginning, we need a collection of few hundred to prove this is the prevalent trend.
GCBy3000
05-02 02:47 PM
Hm....
Then what is the real need of Eb2 and Eb1 if everything is going to flow to Eb3?
Technically under which conditions and criteria Eb1 and Eb2 would be applicable?
Then what is the real need of Eb2 and Eb1 if everything is going to flow to Eb3?
Technically under which conditions and criteria Eb1 and Eb2 would be applicable?
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