desi3933
06-26 10:06 AM
The way i understand this, not all companies are bound by the EOE laws.
Certain conditions have to be met to be considered an EOE.
Not every employer is an equal opp employer, so those guys can hire whoever they want.
Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.
>> not all companies are bound by the EOE laws.
Incorrect
All US Employers (that have 15 or more employees) must follow labor laws. EOE applies to all of them.
Read more for yourself
Federal Laws Prohibiting Job Discrimination: Questions And Answers (http://www.eeoc.gov/facts/qanda.html)
However, this is for lawful authorized workers only. In other words, one can not force employer to file for H-1B or any other work visa. At the end of H-1B petition date, employer can not be asked to extend H-1B. That is employer's choice.
But, once hired, H-1B employee can not be discriminated with other workers for equal opportunities in training, job promotions, and work conditions.
________________________
Not a legal advice.
US citizen of Indian origin
Certain conditions have to be met to be considered an EOE.
Not every employer is an equal opp employer, so those guys can hire whoever they want.
Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.
>> not all companies are bound by the EOE laws.
Incorrect
All US Employers (that have 15 or more employees) must follow labor laws. EOE applies to all of them.
Read more for yourself
Federal Laws Prohibiting Job Discrimination: Questions And Answers (http://www.eeoc.gov/facts/qanda.html)
However, this is for lawful authorized workers only. In other words, one can not force employer to file for H-1B or any other work visa. At the end of H-1B petition date, employer can not be asked to extend H-1B. That is employer's choice.
But, once hired, H-1B employee can not be discriminated with other workers for equal opportunities in training, job promotions, and work conditions.
________________________
Not a legal advice.
US citizen of Indian origin
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rpulipati
01-08 06:36 PM
Received yesterday for 01/23.
Case details: TSC -> CSC -> TSC
Case details: TSC -> CSC -> TSC
icedgin
02-04 11:31 PM
A relative has invited me to be an immigrant to Manitoba. But currently we are derivative beneficiaries of my wife's EB3 visa and she is already in the US for 1 1/2 years as a lawful permanent resident.
I would like to ask what would be the effect on our US PR visa application and to my wife's green card status if I apply for a permanent residency in Canada?
Thank you.
I would like to ask what would be the effect on our US PR visa application and to my wife's green card status if I apply for a permanent residency in Canada?
Thank you.
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caydee
05-23 06:33 PM
Any reason why we arent considering the 2008 presidential candidates in our email campaign?
more...
m306m
05-01 01:18 PM
Please see this thread
http://immigrationvoice.org/forum/showthread.php?t=17306
http://immigrationvoice.org/forum/showthread.php?t=17306
anzerraja
07-20 09:01 AM
Here is the updated spreadsheet
http://spreadsheets.google.com/ccc?key=p96kObnZMpVWFczU3Fn9GTQ&hl=en
Google spreadsheet gurus, can anyone let me know how to make it editable by everyone accessing the thread, so that it can be updated by them directly.
If that is not doable anybody willing to pitch in some help to keep updating this from time to time as the thread grows ?
http://spreadsheets.google.com/ccc?key=p96kObnZMpVWFczU3Fn9GTQ&hl=en
Google spreadsheet gurus, can anyone let me know how to make it editable by everyone accessing the thread, so that it can be updated by them directly.
If that is not doable anybody willing to pitch in some help to keep updating this from time to time as the thread grows ?
more...
diptam
08-18 01:44 PM
Pappu,
This is not freedom of speech what that guy said. He is raising very bad allegations (without any proof) against the very organization that we have tremendous respect and we all stand for.
Once again this is my opinion to ban such fellows.
Thanks !
DO NOT post such baseless allegations.
IV core is very much aware of the problems as we ourselves face them, and working within our limited means and time. If you are interested, join us and give your helping hand.
This is not freedom of speech what that guy said. He is raising very bad allegations (without any proof) against the very organization that we have tremendous respect and we all stand for.
Once again this is my opinion to ban such fellows.
Thanks !
DO NOT post such baseless allegations.
IV core is very much aware of the problems as we ourselves face them, and working within our limited means and time. If you are interested, join us and give your helping hand.
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morchu
05-08 01:51 PM
Is it still not clear for you? eb-dependents are NOT eligible for F2A.
We have to follow the regulation when law is not clear and the regulation (CFR22) mentioned specifically that eb-dependents are eligble for EB-category. Regulations and interpretations are there for a reason, and it has to be followed when law is not clear.
I agree that INA doesnt specifically says that, but at the same time INA specifically rules out eb-dependents from F2A also. To be eligible for F2A you should be dependent of a permanent resident "at the time of application".
You should probably stream line your effort to not count eb-dependents in any visa-numbers (since neither the regulation or law is clear on that part).
You are still under a mis-concept that every word and sentence has to be quoted in "INA", and can ignore all official regulations and interpretations.
Guys,
VISA BULLETIN FOR JUNE 2009 sets back EB2 priority back to 01JAN00.
Some thing needs to be done. The easist will be not counting ebdependents in ebquota. This should be very easy. There is no INA law linking ebquota with ebdependents.
I need IV Core help for this.
We have to follow the regulation when law is not clear and the regulation (CFR22) mentioned specifically that eb-dependents are eligble for EB-category. Regulations and interpretations are there for a reason, and it has to be followed when law is not clear.
I agree that INA doesnt specifically says that, but at the same time INA specifically rules out eb-dependents from F2A also. To be eligible for F2A you should be dependent of a permanent resident "at the time of application".
You should probably stream line your effort to not count eb-dependents in any visa-numbers (since neither the regulation or law is clear on that part).
You are still under a mis-concept that every word and sentence has to be quoted in "INA", and can ignore all official regulations and interpretations.
Guys,
VISA BULLETIN FOR JUNE 2009 sets back EB2 priority back to 01JAN00.
Some thing needs to be done. The easist will be not counting ebdependents in ebquota. This should be very easy. There is no INA law linking ebquota with ebdependents.
I need IV Core help for this.
more...
indianabacklog
11-21 07:16 PM
Just a thought.
If the worst was to happen how do the USCIS know your wife is now on her own? If you have an H1B visa that has some years to run on it then this would buy time to get I485 approval.
Once the approval comes through what is to stop the USCIS issuing one to you as well as your wife.
If nobody tells the USCIS then the wheels will continue to grind along anyway.
Just a thought.
If the worst was to happen how do the USCIS know your wife is now on her own? If you have an H1B visa that has some years to run on it then this would buy time to get I485 approval.
Once the approval comes through what is to stop the USCIS issuing one to you as well as your wife.
If nobody tells the USCIS then the wheels will continue to grind along anyway.
Just a thought.
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krishnam70
07-05 02:03 PM
There might not be any use, and it might not work, but we have tried to get attention thru media, lobby congress and fight our way through. Law-suit is something that will bring a lot of media attention, and also AILF feels there are strong grounds, so why not?.
I think you need to read the grounds on which AILA and other think there is a strong case again. You dont understand the basic issue.. yes they can change the bulletin any time they want, that is perfectly within the law and yes they are not bound to pay compensation. However the fact that in making the dates current overnight and adjudicating so many cases in such a short time and actually requesting a visa # from DOS etc etc are all contravening the law and thats why there is a strong case..
see this thread in IV for more info
http://immigrationvoice.org/forum/showthread.php?t=6063
cheers
I think you need to read the grounds on which AILA and other think there is a strong case again. You dont understand the basic issue.. yes they can change the bulletin any time they want, that is perfectly within the law and yes they are not bound to pay compensation. However the fact that in making the dates current overnight and adjudicating so many cases in such a short time and actually requesting a visa # from DOS etc etc are all contravening the law and thats why there is a strong case..
see this thread in IV for more info
http://immigrationvoice.org/forum/showthread.php?t=6063
cheers
more...
vdlrao
09-10 02:18 AM
Hello,
Don't like EB-3 dates...but looking at EB-2 dates, does this mean that from now on we will see only forward movement in EB-2 I/C dates?
If the first month of the new year didn't retrogress, would every month see a movement of week or two? Or keeping in great USCIS tradition, this is just another 'fluke'? ;)
Ya I presume your assumption is right regarding EB-2 forward movement. But on a whole the EB-2 India/China dates havent forwarded up to my predictions. But we could expect a steady and consistent movement of EB-2 India/China ahead.
Don't like EB-3 dates...but looking at EB-2 dates, does this mean that from now on we will see only forward movement in EB-2 I/C dates?
If the first month of the new year didn't retrogress, would every month see a movement of week or two? Or keeping in great USCIS tradition, this is just another 'fluke'? ;)
Ya I presume your assumption is right regarding EB-2 forward movement. But on a whole the EB-2 India/China dates havent forwarded up to my predictions. But we could expect a steady and consistent movement of EB-2 India/China ahead.
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apnair2002
05-06 09:35 AM
http://www.baltimoresun.com/news/nationworld/bal-te.immig06may06,0,3245994.story?coll=bal-nationworld-headlines
more...
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Hitech-coolie
10-08 09:33 PM
Hi All
I will ask you in a specific manner .Will you guys help me?
1. Till now I worked on contract as a SAP Consultant with BIG 4 companies and piled up a lot of responsbilities. I got my EAD and one of the BIG wants me to join as Associate Partner- SAP. Can I accept it on EAD?
2.Till now my salary is USD 65,000+Bonus.With bonus my salary is in the range of 120K -140K. But now the BIG 5 offers me a salary in the range of USD 180K -200K.
Can I accept the 'offer' based on the above points and use my EAD?
Or is it a violation of AOS rules?
Appreciate if you throw light on this specific case
Regards
Hi Tech Coolie
I will ask you in a specific manner .Will you guys help me?
1. Till now I worked on contract as a SAP Consultant with BIG 4 companies and piled up a lot of responsbilities. I got my EAD and one of the BIG wants me to join as Associate Partner- SAP. Can I accept it on EAD?
2.Till now my salary is USD 65,000+Bonus.With bonus my salary is in the range of 120K -140K. But now the BIG 5 offers me a salary in the range of USD 180K -200K.
Can I accept the 'offer' based on the above points and use my EAD?
Or is it a violation of AOS rules?
Appreciate if you throw light on this specific case
Regards
Hi Tech Coolie
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jthomas
03-25 03:37 PM
My PD is Oct 2006. Its seems like i have to wait around 10+ years. Do you think i should go for EAD instead of H1B transfer and H1B extension
more...
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lasvegas
02-05 04:10 PM
I google'ed and came across not-so-good information about this.
http://www.immigrationportal.com/archive/index.php/t-188813.html
or just google "canada landing while I-485 pending" and read other links as well. Some attornies think accepting canada greencard MAY impact USA greencard! :eek:
Any more light on this aspect?
Gurus, anybody did canada landing after applying I-485 during July2nd? What was the experience like? Can immigration officers on both sides USA, Canada consider this conflicting on the grouds of " INTENT " ?
http://www.immigrationportal.com/archive/index.php/t-188813.html
or just google "canada landing while I-485 pending" and read other links as well. Some attornies think accepting canada greencard MAY impact USA greencard! :eek:
Any more light on this aspect?
Gurus, anybody did canada landing after applying I-485 during July2nd? What was the experience like? Can immigration officers on both sides USA, Canada consider this conflicting on the grouds of " INTENT " ?
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delhiguy
07-07 01:53 PM
Yes the core problem is visa numbers. We have been fooled to believe for few days we all are safe and GC retrogression is over without even realizing someone was taking us for nice roller coaster ride.
Thanks for supporting my view.
We need media attentoion and legislature help to get the visa number increased,
Thanks for supporting my view.
We need media attentoion and legislature help to get the visa number increased,
more...
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madhuvj
09-15 05:10 PM
Come on Guys,
We need more people to break the USCIS back. We can do it. It will not only help people who are currently facing the repercussion of this unreasonable USCIS actions, it will help others. Just think about, It could help your friends, relatives, brothers, sisters, cousins and all people....
This effort is to raise our voice towards the unfair treatment we have been receiving from USCIS since 2002. The First was the huge labor backlog, then came the ever-pending NameChecks, then came the July 2007 fiasco, then the approval of cases based on 485 ND and RD when people with PD < 2004 are waiting for years, then the frequent retrogressions. There are lot of people who got a single year EAD because PD was current till 2006 until last month. Now the dates have gone back to 2003 and no one knows when it will reach 2006 again. This is ridiculous. We need to raise our voice, otherwise, we will not see any light in the future. This is a nice opportunity to come together guys. COME UNITED guys.
We need more people to break the USCIS back. We can do it. It will not only help people who are currently facing the repercussion of this unreasonable USCIS actions, it will help others. Just think about, It could help your friends, relatives, brothers, sisters, cousins and all people....
This effort is to raise our voice towards the unfair treatment we have been receiving from USCIS since 2002. The First was the huge labor backlog, then came the ever-pending NameChecks, then came the July 2007 fiasco, then the approval of cases based on 485 ND and RD when people with PD < 2004 are waiting for years, then the frequent retrogressions. There are lot of people who got a single year EAD because PD was current till 2006 until last month. Now the dates have gone back to 2003 and no one knows when it will reach 2006 again. This is ridiculous. We need to raise our voice, otherwise, we will not see any light in the future. This is a nice opportunity to come together guys. COME UNITED guys.
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english_august
07-09 11:12 AM
I found this in the one of the forums.. please people contact the report have people hear us.
Story for the Washington Post
--------------------------------------------------------------------------------
Hi all,
I'm a reporter with the Washington Post. If your efforts result in Emilio Gonzalez receiving hundreds of flowers tomorrow, I would very much like to do a story on it. If you're interested in speaking with me and telling me your story and why you've decided to participate in this demonstration, please give me an email or call me. My contact information is below.
Thanks!
Xiyun
email:yangx@washpost.com
office phone: 202 334 6701
I just spoke with her. Please call her with your story as well. The more the better.
Story for the Washington Post
--------------------------------------------------------------------------------
Hi all,
I'm a reporter with the Washington Post. If your efforts result in Emilio Gonzalez receiving hundreds of flowers tomorrow, I would very much like to do a story on it. If you're interested in speaking with me and telling me your story and why you've decided to participate in this demonstration, please give me an email or call me. My contact information is below.
Thanks!
Xiyun
email:yangx@washpost.com
office phone: 202 334 6701
I just spoke with her. Please call her with your story as well. The more the better.
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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.
Googler
07-07 08:19 PM
On CNBC:
http://www.cnbc.com/id/19634804/site/14081545/page/2/
BARTIROMO: Let me ask you a question on immigration. Lawyers are planning a class action suit right now over the State Department's offer of visas to highly skilled immigrants last month, even though the Department of Citizenship said there were no more visas available. What happened?
Dr. RICE: Well, this was a case in which for--at a certain point in time, we'd not filled the entire quota for these special immigrant visas. And made an announcement of that. But when they were filled, we had to cut it off at that point. There's a ceiling that's set every year and when that ceiling was reached, then we couldn't issue the visas any longer. But we're prepared to talk to people about what happened here. If there were problems in communication then those should be looked at. But it's pretty simple. We operate under a particular ceiling, and when that ceiling is filled, then we have to--we have to live within it.
BARTIROMO: And unfortunately, aren't these the exact type of people, very highly skilled, some physicians, that America wants to attract?
Dr. RICE: Well, it goes back to the point that I--that I made. A lot of people want to come to the United States. People will skills want to come to the United States. I'm a very big believer in having those people come to the United States, because the truth of the matter is, we don't, ourselves, produce enough of that skilled labor. We need to work on the educational front to make sure that we are producing us the numbers of engineers and the numbers of software people and the numbers of physicians that we need.
Dr. RICE: But we need immigration as well. The ceilings have been set. They are not ceilings that we set, they're set in the--they're set by statute, and I know that there are many who would like to see them raised, but that's a--that's a matter for the administration and Congress.
************************************************** ********
Something to chew over -- this is a Secretary of State who won't even admit to major blunders in Iraq, she is not about to admit they screwed up on this.
http://www.cnbc.com/id/19634804/site/14081545/page/2/
BARTIROMO: Let me ask you a question on immigration. Lawyers are planning a class action suit right now over the State Department's offer of visas to highly skilled immigrants last month, even though the Department of Citizenship said there were no more visas available. What happened?
Dr. RICE: Well, this was a case in which for--at a certain point in time, we'd not filled the entire quota for these special immigrant visas. And made an announcement of that. But when they were filled, we had to cut it off at that point. There's a ceiling that's set every year and when that ceiling was reached, then we couldn't issue the visas any longer. But we're prepared to talk to people about what happened here. If there were problems in communication then those should be looked at. But it's pretty simple. We operate under a particular ceiling, and when that ceiling is filled, then we have to--we have to live within it.
BARTIROMO: And unfortunately, aren't these the exact type of people, very highly skilled, some physicians, that America wants to attract?
Dr. RICE: Well, it goes back to the point that I--that I made. A lot of people want to come to the United States. People will skills want to come to the United States. I'm a very big believer in having those people come to the United States, because the truth of the matter is, we don't, ourselves, produce enough of that skilled labor. We need to work on the educational front to make sure that we are producing us the numbers of engineers and the numbers of software people and the numbers of physicians that we need.
Dr. RICE: But we need immigration as well. The ceilings have been set. They are not ceilings that we set, they're set in the--they're set by statute, and I know that there are many who would like to see them raised, but that's a--that's a matter for the administration and Congress.
************************************************** ********
Something to chew over -- this is a Secretary of State who won't even admit to major blunders in Iraq, she is not about to admit they screwed up on this.
simple1
05-01 05:04 PM
I am unable to edit the poll. Can Admin edit the poll and prefix the question with word financial.
btw, I used word support in the poll to refer "financial support" to IV regarding this clarification issue..
Can you add another question in the poll?
Would you be willing to contribute towards this work? (Hiring a lawyer/FOIA request etc.)
btw, I used word support in the poll to refer "financial support" to IV regarding this clarification issue..
Can you add another question in the poll?
Would you be willing to contribute towards this work? (Hiring a lawyer/FOIA request etc.)
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