desi3933
06-28 10:58 AM
On a practical note, if the company has sponsored H1Bs in the past, what justification can the company give for not filing another H1B ?
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
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.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.
Are you suggesting the employer is required, by law, to file for H-1B sponsorship for the job applicant?
Avoiding H-1B applicant is legal, whereas avoiding GC/EAD/OPT applicant isn't.
For argument sake, assuming if H-1B applicant can force employer to file H-1B and he/she was not picked because of his/her H-1B visa status, he/she has legal route of filing case against that employer. In this was true, there will be many attorneys eager to file such cases. But, alas, there is not even one such case.
Employer has choice of
1. Filing or not filing H-1B
2. Filing or not filing green card for the employee.
These are employer's choices. Legal choices.
_______________________
Not a legal advice.
US citizen of Indian origin
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
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.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.
Are you suggesting the employer is required, by law, to file for H-1B sponsorship for the job applicant?
Avoiding H-1B applicant is legal, whereas avoiding GC/EAD/OPT applicant isn't.
For argument sake, assuming if H-1B applicant can force employer to file H-1B and he/she was not picked because of his/her H-1B visa status, he/she has legal route of filing case against that employer. In this was true, there will be many attorneys eager to file such cases. But, alas, there is not even one such case.
Employer has choice of
1. Filing or not filing H-1B
2. Filing or not filing green card for the employee.
These are employer's choices. Legal choices.
_______________________
Not a legal advice.
US citizen of Indian origin
wallpaper of Tom Cruise as Lestat,
SunnySurya
08-18 02:14 PM
So far I have abq_gc, Johnamit , Singhsa3 , SunnySurya and pamposh(5 and counting ) . I need more..
zeta7
03-23 11:35 AM
First of all, when you land in Canada, do not tell them that you are there for a short while and you will go back to USA may be next day. They dislike it. I wasn't given the best treatment and they did not put a request for PR card in the system. It is their way of penalizing you for having Canada PR as a second option. I came back to USA very next day by road and called CIC Canda, they took my friend's address in Canada and mailed the PR card. She said, Immigration officer should have put a PR card request in the system. Canadian immigration officers very well know that there is 200 mile long GC line in the US and people are using Canada as a backup plan. I guess they dislike being a "backup plan".
Now, let us say that your US VISA is expired on your passport, you can still go to Canada and come back to USA after claiming your PR status in Cananda. Automatic VISA revalidation rule gives you the ability to come back to USA even with an expired VISA but approved I-797 under 2 conditions -
1. You stayed in Canda for less than 30 days.
2. You did not apply for US VISA in Canada and got rejected.
One more thing, when you fly back from Canada to USA, your immigration happens in Canadian airport itself. So you will land in US domestic airport and walk as if you are coming out of a domestic flight. Hope it helps. Good Luck.
Thanks for the reply kumar1. However, I never left the country after changing from F1 to H1b status, so I don't even have an "expired" H1b visa stamp in my passport, just an expired F1 stamp. I don't know if that will complicate AVR, so was planning on using my AP.
Were you in a pending 485 when you returned after landing in Canada? Any issues with US immigration? That is my main concern; I especially don't like the idea of having an RFE attached to my 485 because of this.
Also, can you comment on this plan I've been considering: I'd like to visit India too, so how about if I fly to Canada, get my Canadian landing taken care of, then fly to India from Canada, spend some two weeks in India, then return to the U.S. using my AP. Can you think of additional potential problems there?
Thanks!
Now, let us say that your US VISA is expired on your passport, you can still go to Canada and come back to USA after claiming your PR status in Cananda. Automatic VISA revalidation rule gives you the ability to come back to USA even with an expired VISA but approved I-797 under 2 conditions -
1. You stayed in Canda for less than 30 days.
2. You did not apply for US VISA in Canada and got rejected.
One more thing, when you fly back from Canada to USA, your immigration happens in Canadian airport itself. So you will land in US domestic airport and walk as if you are coming out of a domestic flight. Hope it helps. Good Luck.
Thanks for the reply kumar1. However, I never left the country after changing from F1 to H1b status, so I don't even have an "expired" H1b visa stamp in my passport, just an expired F1 stamp. I don't know if that will complicate AVR, so was planning on using my AP.
Were you in a pending 485 when you returned after landing in Canada? Any issues with US immigration? That is my main concern; I especially don't like the idea of having an RFE attached to my 485 because of this.
Also, can you comment on this plan I've been considering: I'd like to visit India too, so how about if I fly to Canada, get my Canadian landing taken care of, then fly to India from Canada, spend some two weeks in India, then return to the U.S. using my AP. Can you think of additional potential problems there?
Thanks!
2011 ARE #39;s quot;floating odyquot;
JAWAD
05-03 09:19 AM
Has the issue of waiting times before being eligible to apply for citizenship been raised at all by Immigration Voice?? Currently one needs to wait for 5 years after being granted permanent status to be eligible to apply for citizenship. Now, considering the current backlog and the fact that Congress has mandated processing times to be much less than what we are experiencing, has the issue of getting credit for the lost backlog years in the citizenship process been raised? As I explained it to a friend the other day: This is becoming a retirement program - over 5 years at labor cert + another 4 at USCIS + 5 years waiting period + 3 years citizenship process = 0ver 17 years before we can cast a vote in this nation to which we contribute economically, intellectually, and socially. Not to forget that we are the ones doing things by the book and following the law on immigration.
more...
malibuguy007
02-18 03:42 PM
I disagree. Changes in laws do not happen overnight and any efforts that core is making cannot be made public all the time. If they can get thousands of people the benefit of moving to EAD etc. then I am sure they are working behind the scenes to get more favorable changes done when the time is right. I have faith in their ability.
Moreover since I am not actively volunteering in any activities the least I can do is contribute. So I call on everyone to contribute for your cause - none of us is doing anyone a favor by contributing. We are DIRECTLY favoring us by making a contribution.
I guess the reason most of the people are not contributing is because they do not see any strategy going forward. I am sure IV core is working hard on the issues but there is lack of clarity as an organization.When the bulletins come out and dates dont move forward significantly, people start with various ideas ranging from flower campaign to eliminating country cap to EB3 - EB2 portability to ....( Most of them die by the middle of the month).If we look at the past, contribution campaigns have been successful ( up to reasonable extent) when there is a favorable bill on the floor and people see some hope. I remember till last year there was a guy ( I think Chandu13 ) who tried to motivate people for contribution by calling them coward, lazy.....Believe me it never worked...
So I think it is time to get serious and have some synergy and that might motivate people to come forward, participate and contribute.
Good Luck.
Moreover since I am not actively volunteering in any activities the least I can do is contribute. So I call on everyone to contribute for your cause - none of us is doing anyone a favor by contributing. We are DIRECTLY favoring us by making a contribution.
I guess the reason most of the people are not contributing is because they do not see any strategy going forward. I am sure IV core is working hard on the issues but there is lack of clarity as an organization.When the bulletins come out and dates dont move forward significantly, people start with various ideas ranging from flower campaign to eliminating country cap to EB3 - EB2 portability to ....( Most of them die by the middle of the month).If we look at the past, contribution campaigns have been successful ( up to reasonable extent) when there is a favorable bill on the floor and people see some hope. I remember till last year there was a guy ( I think Chandu13 ) who tried to motivate people for contribution by calling them coward, lazy.....Believe me it never worked...
So I think it is time to get serious and have some synergy and that might motivate people to come forward, participate and contribute.
Good Luck.
somex
02-22 05:36 PM
I am also frustated with GC process. It is literally controlling my life...
I don't want to go India because not sure whether I would get Visa or not. I don't want to join some prime vendor company because not sure whether they would start GC process immediately or not, and vendor could terminate the job immediately after contract expiration or any other issue. As everyone knows that desi employers are blood suckers and on top of it H1B extensions are very tough to get with them. I was almost on edge of leaving the country on my last extension.
With desi employer, It looks to me that my career goal is only GC. I don't know when I get that and I am sure that my goals will be none after getting GC because I would be exhausted by then....
I don't want to go India because not sure whether I would get Visa or not. I don't want to join some prime vendor company because not sure whether they would start GC process immediately or not, and vendor could terminate the job immediately after contract expiration or any other issue. As everyone knows that desi employers are blood suckers and on top of it H1B extensions are very tough to get with them. I was almost on edge of leaving the country on my last extension.
With desi employer, It looks to me that my career goal is only GC. I don't know when I get that and I am sure that my goals will be none after getting GC because I would be exhausted by then....
more...
mkiv
12-11 07:48 PM
How do I start a new Thread?
2010 anniversary of Tom Cruise
sidbee
07-28 01:14 PM
Just Chill Guys,
I am EB3, and i know we EB3 are screwed , and EB2 are luckier than us.
There is no need to fight,
If we dont get the GC , we can go back home(for me home is india) .... believe me home is not so bad( even after the blasts) Just enjoy your time here, live for the moment.
I work for an employer , whom i value more than EB2 , so i dont want to port to EB2(Even when i filed for EB3 , i was eligible for EB2 , But my lawyers assistant , just wanted to play safe) Everyone has his own preferences.
I think this is a post , for the EB3 to crib , and talk (humans feel good after doing that) so let us do that.
I am EB3, and i know we EB3 are screwed , and EB2 are luckier than us.
There is no need to fight,
If we dont get the GC , we can go back home(for me home is india) .... believe me home is not so bad( even after the blasts) Just enjoy your time here, live for the moment.
I work for an employer , whom i value more than EB2 , so i dont want to port to EB2(Even when i filed for EB3 , i was eligible for EB2 , But my lawyers assistant , just wanted to play safe) Everyone has his own preferences.
I think this is a post , for the EB3 to crib , and talk (humans feel good after doing that) so let us do that.
more...
rc0878
09-21 08:52 AM
For all those who have already received their receipt notices, do we have the priority date mentioned on the notice???
Just curious.
Thanks in advance.....
Just curious.
Thanks in advance.....
hair School 101: Tom Cruise
alias
08-18 01:45 PM
I don think this issue concerns you. So , with all due respect, please BACK OFF.
Nope, you are wrong. Anyting spoken in this website concerns every aspirant immigrant member. You need to get that straight!
Nope, you are wrong. Anyting spoken in this website concerns every aspirant immigrant member. You need to get that straight!
more...
dixie
06-24 04:47 PM
I say.. focus our efforts on us for the time being.. differentiate ourselves from the undocumented..
Its not as if we havent been trying all this time. Look what we are up against : we have neither the numbers of the illegals nor the lobbying power of the entire agriculture industry (not to speak of the church) behind us. The story of a law-abiding,tax-paying resident trying to remain here just does not make for a glamorous cause for either the media or the politicians. Whatever little attention the media gives us is gobbled up by either the H1-B visa increase lobbyists or someone complaining about not being able to re-unite with his wife/brother etc etc in the US !! And to top it all, the anti-immigrationalists will go out of their way to see us clubbed together with the illegals; even as they shed crocodile tears for legal immigrants affected by amnesty.
In short, none of the "movers and shakers" have a vested interest in us.Thats the hard truth.
Its not as if we havent been trying all this time. Look what we are up against : we have neither the numbers of the illegals nor the lobbying power of the entire agriculture industry (not to speak of the church) behind us. The story of a law-abiding,tax-paying resident trying to remain here just does not make for a glamorous cause for either the media or the politicians. Whatever little attention the media gives us is gobbled up by either the H1-B visa increase lobbyists or someone complaining about not being able to re-unite with his wife/brother etc etc in the US !! And to top it all, the anti-immigrationalists will go out of their way to see us clubbed together with the illegals; even as they shed crocodile tears for legal immigrants affected by amnesty.
In short, none of the "movers and shakers" have a vested interest in us.Thats the hard truth.
hot Kidman or Tom Cruise,
waitnwatch
06-20 01:21 AM
I have a fundamental question here. What exactly has to happen to actually say that the CIR has died? Will the house have to vote and kill it? I guess there are no legal time lines for a bill to lapse - or is there one? Does the bill automatically die when the present congress' term ends?
Could anybody more knowledgeable than me throw some light.
Could anybody more knowledgeable than me throw some light.
more...
house Gala Honoring Tom Cruise
kannan
02-15 11:25 AM
Me too, No FP till Today.......
tattoo tom-cruise-oprah-
jsb
12-03 11:06 AM
....
New employment: Have an offer to start a new job around middle of next year by which 180 days will be complete. New job is very different than current one. Here is my plan:
1. Don't file AC21, hope that I won't receive RFE since my PD wont be current for a long time.
2. Change address, but give friend's address in the same city as mentioned on application
3. Convince current employer to respond to RFE (in case any) positively
4. May be have an arrangement with current employer to work part time when I start new job. So that way, I'll remain on previous employer's payroll and he can respond to RFE...
Post 78 above, should answer your question/concern.
New employment: Have an offer to start a new job around middle of next year by which 180 days will be complete. New job is very different than current one. Here is my plan:
1. Don't file AC21, hope that I won't receive RFE since my PD wont be current for a long time.
2. Change address, but give friend's address in the same city as mentioned on application
3. Convince current employer to respond to RFE (in case any) positively
4. May be have an arrangement with current employer to work part time when I start new job. So that way, I'll remain on previous employer's payroll and he can respond to RFE...
Post 78 above, should answer your question/concern.
more...
pictures Does A Body Good. jeans
GCStatus
09-15 12:07 PM
Yes, great to see fellow determined souls here so far
Goal is to get atleast 1000 to start with.
First step is to collect details ( Name, E-mail and Ph No# )
Please send them MAN-WOMAN-GC ASAP . He has gracefully offered to maintain a spreadhseet.
Once we reach the number of resources, we will have conference calls, meet in person whoever can, arrange for money, decide on lawyers ( which MadhuVJ has some very good suggestions ) and move on from there
We are doing it brothers and sisters.
Goal is to get atleast 1000 to start with.
First step is to collect details ( Name, E-mail and Ph No# )
Please send them MAN-WOMAN-GC ASAP . He has gracefully offered to maintain a spreadhseet.
Once we reach the number of resources, we will have conference calls, meet in person whoever can, arrange for money, decide on lawyers ( which MadhuVJ has some very good suggestions ) and move on from there
We are doing it brothers and sisters.
dresses Metal God Tom Cruise?
obviously
07-27 11:13 PM
It is indeed sad that you continue to pontificate from a perch of indifference and ignorance. We all know that the entire EB immigration system is not a zero sum game (just ask Ron Hira and his ilk). Sad thing is, when it comes to EB3 I's, EB 2's such as you suddenly transform into a Ron Hira lite ... going about throwing broad hints about how the system is setup the way it is ... to serve those 'higher in the pecking order'.
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.
For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.
For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?
more...
makeup Tom Cruise#39;s Diet and Exercise
BharatPremi
11-08 11:47 AM
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,
In my opinion, This Job code/description related facts ONLY relates to immigration related paper work. In real life , practically one may be handling the load of directing or managing people though for immigration pupose s/he may just be a software engineer or programmer. But in this kind of scenario one has to be extra cautious to have "Software Engineer or programmer" on offer letter till s/he gets done with immigration. Now some companies may prefer to go by book then one may not have a lot of levarage or choice other than performing the things what offer letter says.. And in that case one should not accept the oppertunity of higher skill and/or function inspite of its lucrativeness as to conclude immigration successfully.
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,
In my opinion, This Job code/description related facts ONLY relates to immigration related paper work. In real life , practically one may be handling the load of directing or managing people though for immigration pupose s/he may just be a software engineer or programmer. But in this kind of scenario one has to be extra cautious to have "Software Engineer or programmer" on offer letter till s/he gets done with immigration. Now some companies may prefer to go by book then one may not have a lot of levarage or choice other than performing the things what offer letter says.. And in that case one should not accept the oppertunity of higher skill and/or function inspite of its lucrativeness as to conclude immigration successfully.
girlfriend The famous Tom Cruise
bkam
06-26 12:59 PM
This and many other threads have undoubtedly a huge racist component and we urge the administrators to quickly remove them.
You don't deserve to get a green card!
What is the difference between that anti-mexican speech and Sensenbrener's & Tancredo's theories?:(
We could say" We are not going to worship cows and take ritual baths in dirty rivers..."
Shame on you!
Dear mpkmaster, it is easy to ignore facts and throw stones like "your are rasist". And it is not easy to face the reality. Since you are so smart, I would like to ask you some questions:
1. Why there are long immigration lines in the US, Europe, Australia, Canada, Singapore etc, and almost none for Mexico, Latin America, Middle East etc. Maybe because these countries a full of "racists" ?
2. Tell me why some some people/countries can manage their economy and become attractive centers for immigration and other are just hell holes. There is a huge difference between Japan, S. Korea, China and N. Korea and they are populated by the same race - what has racism has to do with that ?
3. Why did you immigrate from your own country?
I will tell you one thing - due to my profession I have visited most countries in the world, including India. And definitely have a better understanding what is racism, what is protectionism, what is laziness, stupidity etc. Do not hide all these behind "racism", won't work...
Come on, Admin, delete quickly this "racist" evil message :-)
You don't deserve to get a green card!
What is the difference between that anti-mexican speech and Sensenbrener's & Tancredo's theories?:(
We could say" We are not going to worship cows and take ritual baths in dirty rivers..."
Shame on you!
Dear mpkmaster, it is easy to ignore facts and throw stones like "your are rasist". And it is not easy to face the reality. Since you are so smart, I would like to ask you some questions:
1. Why there are long immigration lines in the US, Europe, Australia, Canada, Singapore etc, and almost none for Mexico, Latin America, Middle East etc. Maybe because these countries a full of "racists" ?
2. Tell me why some some people/countries can manage their economy and become attractive centers for immigration and other are just hell holes. There is a huge difference between Japan, S. Korea, China and N. Korea and they are populated by the same race - what has racism has to do with that ?
3. Why did you immigrate from your own country?
I will tell you one thing - due to my profession I have visited most countries in the world, including India. And definitely have a better understanding what is racism, what is protectionism, what is laziness, stupidity etc. Do not hide all these behind "racism", won't work...
Come on, Admin, delete quickly this "racist" evil message :-)
hairstyles Tom Cruise
rustum
09-27 03:25 PM
How much tense I should feel!!! Applied on July 23rd at NSC and no news so far.
Anyone in the same boat?
Thanks,
-rk.
Application reached on 27th NSC. I am also waiting for news.
Anyone in the same boat?
Thanks,
-rk.
Application reached on 27th NSC. I am also waiting for news.
franklin
07-11 12:49 PM
http://immigrationvoice.org/forum/showthread.php?t=6365
Admins, can we close this thread and replace the action item link with the thread above for this coming Saturday's rally.
Admins, can we close this thread and replace the action item link with the thread above for this coming Saturday's rally.
chmur
07-27 06:58 PM
It has been hinted that EB3 lobbying undermines recapture efforts . Could proponents of this theory explain how??
Why both cannot happen simultaneously??
I have only seen implications to this effect but nobody has come forward and said it plainly - You EB3 folks don't spoil the EB2 party because you had it good previous years and we are afraid if you make too loud a noise, our party might come crashing down.
Everybody seems to imply it but nobody wants to call it as plainly as I stated it above.
I might have exaggerated the fear factor but I am unable to find any other reason as to they would discourage EB3-I lobby under the pretext of recapture efforts.
Why both cannot happen simultaneously??
I have only seen implications to this effect but nobody has come forward and said it plainly - You EB3 folks don't spoil the EB2 party because you had it good previous years and we are afraid if you make too loud a noise, our party might come crashing down.
Everybody seems to imply it but nobody wants to call it as plainly as I stated it above.
I might have exaggerated the fear factor but I am unable to find any other reason as to they would discourage EB3-I lobby under the pretext of recapture efforts.
No comments:
Post a Comment