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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

Totally agree with admin2. Rules are rules .. if you can apply and get thru EB2 .. so others 'qualified' have the right to do so.

I am waiting ..
ditto

Take this scenario.

Under current "mis categorized quota" setup a EB3 takes 6 years to get GC for entire family. take this following scenario.

So the diff
current primary @ebquota - 6 years minimum
current derivative @ebquota - 6 years minimum
correct primary @ebquota - less than 2 years approx ( one person in place of 3)
correct derivative @fbquota - say 7 years.

The diff will be approx 1 year for the derivative ( 7 years – 6 years ) when they are moved from ebquota to fbquota.

again it cannot be more than 7 years ( 2 years primary GC + 5 years primary USC). the primary will get citizenship in 5 years and sponser the wife with in 2 to 3 months. so the diff cannot be more that a year. for derivative.

Remember this point: this is not change of law. this is the correct interpretation of law).
If it is not today some one will bring it up to CIS very soon.


If you are USC and then you are talking abou the FB2. Not for the GC holder. So will have to wait for years.

Why fight among EB2 and EB3? EB1 should be also a part of this, that's what we are good at...right?

Is it fair that a EB1 from 2010 has a GC wheras an EB2 from 2005 is still waiting?

There is no reason people who are here from 1999, and still does not have a GC, for a person who is EB2- 2006 why USCIS give priority? Let EB2 and Eb3 category move hand in hand they already gave some relief to EB2, now they should move EB-3, people are waiting whose priroty dates are Year 2002, but if a EB-2 just came on 2007 gets Green Card that is unfair, One year gap is ok between Eb-2 & EB-3 but not 5 years.

I personally believe there are limitations for IV or any other organisation to influence the Political and Economic force that are existing in this world nowadays. Even if we lobby even if we talk, even if we gather, if those kind of forces are not benefitted in the form of votes(for power)(lobbying economically also depends on the personality of that person who you want to influence) nothing solid is going to happen. That is the TRUTH. But TRUTH sometimes is undigestable and it hurts a lot, and especially people who is having an agenda it hurts a lot! As always appreciate the work and sacrifices IV is doing for the immigrant community. Due to family and Work commitments could not involve actively.

:D it depends on whom you want to send to ?

When you send flowers EB2-I gets retrogressed No will care if ever we have to send flowers as a united group... Are you going to address that as Eb2-India Retrogressed campaign ?

are you guys going on the same trail if dates move back and forth ... one month to send and one month to predict "EB2 will be current" and again one month back to worried...

Support IV dudes... :) and may be you can even update your profile...

My intention is to say united we stand, divided we fall, which we almost did when everyone discussing here thought of earlier that EB3-I is the only group going to have problems...

Some one tell where and how to send flowers?:confused:

Hi,
My Checks are encased on Saturday 09/15th. My Applications received nebraska on July 20th. Since My I-140 is from Texas, the case transferred to Texas.

Just Checks are cashed, not yet recieved any Receipt Notices yet.

NSC has finished 7/24/2007 i-485 employment based:
http://www.uscis.gov/files/pressrelease/ReceiptingTimes082407.pdf

my 485/ead/ap package in 07/03 arrived NSC.

no receipt and not cashed:mad::mad:!

(140 was approved at TSC last year).

So that we have some information to distribute?
I have put the below together ..

------------------------=-=-=-=-=-=-=-=-=-=-=================================================
THE WHAT:
Employment Based Skilled Immigrants have to wait for 7 – 12 years or MORE to get their green cards.


THE WHY:
Numerical caps on Employment Based green cards.
Processing delays in adjudication of files.


THE EFFECT:
These future Americans are facing perpetual uncertainty and stagnations.
No Career growth.
Spouse cannot work.
American Companies cannot hire the best and the brightest.
Stagnation
Stagnation
Stagnation


THE SOLUTION:
Increase Numerical limits.
Eliminate counting spouses against the quota numbers.
Recapture lost visa numbers.


- ImmigrationVoice.org

My vote goes for DC on 7/14. Many people like me might have already used their time off recently to get a medical exam and paperwork for I-485. I live in Baltimore area and simply cannot make it to DC on a weekday. If I lose my job I won't get a green card - as simple as that.

If there are others in Baltimore area who would like to join the action please don't hesitate to contact me. We could car pool and get together to make signs. I'll also try to gather some friends, although it might be tough on a short notice - almost everyone is on vacation.

I don't know what this means. This is what it say in the Mumbai website.
Category India Most Other Countries
F1 22 July 2003 22 July 2003
FX 1 March 2003 1 March 2003
F2A 1 June 2005 1 June 2005
F2B 22 August 2001 22 August 2001
F3 15 Janurary 2001 15 Janurary 2001
F4 15 April 1999 15 April 1999
E1 Current Current
E2 22 January 2005 Current
E3 22 February 2002 1 June 2002
EW 1 June 2001 1 June 2001
E4 Current Current
E4-Religious Current Current

probably Texas, that is where my I-140 was approved.


Cancelled 4 tickets and lost 1000 bucks. Was to fly on 6th. Never expected dates will move. MY PD Nov 2001 EB3 India.

Hoping to get receipts by 20th. Is that a fair assumption? Planning to re-book for 22nd.

Don't want to lose another dime on cancellations and re-bookings.

Advice and share your thoughts.

I am NSC-CSC-NSC person. I opened service request for not receiving FP.
I got a response from NSC after 30 days that my case is waiting for an opening at local ASC for FP. what an idiotic response !!
I called them again and they said that since they have responded to service request, only thing to do is wait 60 days more. they cannot again file service request. I guess I have to just keep trying till I get a good rep.

Guys,

It's almost 3 weeks today since I've opened SRs for my self and my spouse for not receiving FP notice and we haven't got any notice yet.

I want to know if some one who opened a SR for FP and did not receive any FP notice after the wait period expired, what did you do? Is taking an infopass the next step for missing FP notices or just wait and watch?

Thanks and good luck to all.

Can you let us know how did you search your case by? Website, what data do I need to pull the record? I dont have my labor copy with me. Also I dont know where my labor was filed.

I searched my case on FLC data center and found following for my LC approval

Employer_Job_Title = Computer Project Manager
Prevailing_Wage_Job_Title = Computer Project Manager
Prevailing_Wage_Level = Level II
Prevailing_Wage_SOC_CODE = 11-9041.00
Prevailing_Wage_SOC_Title = Engineering Managers
Prevailing_Wage_Source = OES

While I work as senior software/application developer in my current role with the same employer who filed my LC and GC.

Now I am getting an offer from another employer with same title "Senior Software Engineer".
Is it advisable to change job as my job code (job description) might be different from the one that was mentioned in LC?

Thanks in advance for your inputs and thoughts.

Link:
http://topics.nytimes.com/top/opinion/editorialsandoped/oped/columnists
/thomaslfriedman/index.html?inline=nyt-per
By THOMAS L. FRIEDMAN

Published: May 23, 2007

First I had to laugh. Then I had to cry.

I took part in commencement this year at Rensselaer Polytechnic Institute,
one of America's great science and engineering schools, so I had a front-row
seat as the first grads to receive their diplomas came on stage, all of
them Ph.D. students. One by one the announcer read their names and each was
handed their doctorate - in biotechnology, computing, physics and
engineering - by the school's president, Shirley Ann Jackson.

The reason I had to laugh was because it seemed like every one of the newly
minted Ph.D.'s at Rensselaer was foreign born. For a moment, as the foreign
names kept coming - "Hong Lu, Xu Xie, Tao Yuan, Fu Tang" - I thought that
the entire class of doctoral students in physics were going to be Chinese,
until "Paul Shane Morrow" saved the day. It was such a caricature of what
President Jackson herself calls "the quiet crisis" in high-end science
education in this country that you could only laugh.

Don't get me wrong. I'm proud that our country continues to build
universities and a culture of learning that attract the world's best minds.
My complaint - why I also wanted to cry - was that there wasn't someone from
the Immigration and Naturalization Service standing next to President
Jackson stapling green cards to the diplomas of each of these foreign-born
Ph.D.'s. I want them all to stay, become Americans and do their research and
innovation here. If we can't educate enough of our own kids to compete at
this level, we'd better make sure we can import someone else's, otherwise we
will not maintain our standard of living.

It is pure idiocy that Congress will not open our borders - as wide as
possible - to attract and keep the world's first-round intellectual draft
choices in an age when everyone increasingly has the same innovation tools
and the key differentiator is human talent. I'm serious. I think any foreign
student who gets a Ph.D. in our country - in any subject - should be
offered citizenship. I want them. The idea
that we actually make it difficult for them to stay is crazy.

Compete America, a coalition of technology companies, is pleading with
Congress to boost both the number of H-1B visas available to companies
that want to bring in skilled foreign workers and the number of employment-
based green cards given to high-tech foreign workers who want to stay here.
Give them all they want! Not only do our companies need them now, because we
're not training enough engineers, but they will, over time, start many more
companies and create many more good jobs than they would possibly displace.
Silicon Valley is living proof of that - and where innovation happens
matters. It's still where the best jobs will be located.

Folks, we can't keep being stupid about these things. You can't have a world
where foreign-born students dominate your science graduate schools,
research labs, journal publications and can now more easily than ever go
back to their home countries to start companies - without it eventually
impacting our standard of living - especially when we're also slipping
behind in high-speed Internet penetration per capita. America has fallen
from fourth in the world in 2001 to 15th today.

My hat is off to Andrew Rasiej and Micah Sifry, co-founders of the Personal
Democracy Forum. They are trying to make this an issue in the presidential
campaign by creating a movement to demand that candidates focus on our
digital deficits and divides. (See: http://www.techpresident.com <http://www.techpresident.com>.) Mr. Rasiej, who unsuccessfully ran for public advocate of New York City in 2005 on a platform calling for low-cost wireless access everywhere, notes that "only half of America has broadband access to the Internet." We need to go from "No Child Left Behind," he says, to "Every Child
Connected."

Here's the sad truth: 9/11, and the failing Iraq war, have sucked up almost
all the oxygen in this country - oxygen needed to discuss seriously
education, health care, climate change and competitiveness, notes Garrett
Graff, an editor at Washingtonian Magazine and author of the upcoming book "
The First Campaign," which deals with this theme. So right now, it's mostly
governors talking about these issues, noted Mr. Graff, but there is only so
much they can do without Washington being focused and leading.

Which is why we've got to bring our occupation of Iraq to an end in the
quickest, least bad way possible - otherwise we are going to lose Iraq and
America. It's coming down to that choice.

I think what has happened here is that DOS was frustrated with the pace in which USCIS was processing applications. So in order to push them to work faster, they made all categories current. This strategy worked and USCIS approved 60,000 visa in 15 0r 20 or however many days.

Then USCIS communicated with DOS that annual quota has been exhausted and thus DOS published the revised bulletin.

My 2 cents.

Following are details:

PD: 10/05- EB2 I
EAD: Paper File: at TSC: Sent on 4th June.
Receipt date at TSC: June 18th: Check Encashed.
Generic sof LUDon all cases 06/06/08- I donot think, EAD paper file could have reached by 06/6/08. - Not sure of why Soft LUD

July 2nd 07, 485/ap/ead Filer.

thanks

Is I-485 approval notice on I-797 or will it be just like EAD mailer with GC cards attached to it.
I am still waiting for the GC cards

That's great, I guess Texas is moving now..:)

i see an LUD change for my case today with my I140 pending at TSC sent my 485 to NSC July 2 9:55 AM Fedex , LUD change date is 8/12/2007 , does it make any sense or what indication it is ?

Processing dates doesn�t mean they don�t process applications received after those dates.
I got my H1B renewal notice last week. My application�s received date is in 3rd week of Jan and Processing date for H1B extension is still in December-07.

Yes this was a recent change in the way they reported processing dates. Instead of reporting which date they are working on "now", they now publish the receipt date of the earliest application that is still being processed.

That explains the "retrogression", if you will, of processing dates of TSC after the initiation of the new NC rule. A lot of applications stuck in NC suddenly became available for processing, and hence the RD of the "earliest" case under processing had to be moved back.

I just received the email this morning.

for Spouse only. Pending for the primary applicant yet

Applied on July 1, Receipt July 3 and Soft LUD July 8:)

Congrats Petepatel !!
This gives me a reason to be optimistic about my EAD, i filed on july 1st too.