xbohdpukc
12-03 02:42 PM
I think the most confusion is caused by our willingness to interpret the definition of discrimination too broadly. Let's see what exactly is done here when an employer refuses a visa sponsorship for a prospective employee.
I think no one on this forum will deny that an employment authorization H1b folks possess is limited in nature and valid only as long as the H1b recipient is working for the sponsoring employer. Should such an employee leave his sponsoring employer the employment authorization ceases to exist and a new employer must seek another employment authorization for his newly hired employee, a process commonly known as an H1b visa transfer.
According to the Workplace Fairness website the following stands true:
An employer should not ask about your citizenship status during a job interview. The employer can only notify you as a job applicant that, should a job be offered to you, you will be expected to provide evidence that you are legally entitled to work in the US within the first three days of starting work. The employer should say this to every job candidate, as saying this selectively may be illegal discrimination.
The only valid question during an interview or as a part of a pre-screen process could be "Are you authorized to work for any employer in this country?" This question will NOT constitute any discrimination, as per the law employers have to verify the work authorization status of all new hires by the way of I-9 form filing within 3 day period after employment commencement.
NO H1b person can answer YES to this question, therefore an employer has a right to refuse employment to any such applicant. Employer's willingness to apply for a visa transfer is a pure good will and no employer can be forced to do so under the current law.
As for the insurance, banking, etc., the decision to extend such services is always based on the risk assessment. You might argue that an H1b holder does not represent a greater risk for a US lender (insurer) than an ordinary US citizen. I am sure that all these insurance companies have their own studies somewhere which prove that people with no permanent status in the country represent a greater risk for their business, than those who possess such status. Providing that there are some stories about H1b workers who maxed out their credit lines, abandoned their houses and fled the country after being laid off, I do not think that any court in this country would side with non-immigrants on this matter.
But we can always keep complaining on here how badly treated and unprotected we are.
I think no one on this forum will deny that an employment authorization H1b folks possess is limited in nature and valid only as long as the H1b recipient is working for the sponsoring employer. Should such an employee leave his sponsoring employer the employment authorization ceases to exist and a new employer must seek another employment authorization for his newly hired employee, a process commonly known as an H1b visa transfer.
According to the Workplace Fairness website the following stands true:
An employer should not ask about your citizenship status during a job interview. The employer can only notify you as a job applicant that, should a job be offered to you, you will be expected to provide evidence that you are legally entitled to work in the US within the first three days of starting work. The employer should say this to every job candidate, as saying this selectively may be illegal discrimination.
The only valid question during an interview or as a part of a pre-screen process could be "Are you authorized to work for any employer in this country?" This question will NOT constitute any discrimination, as per the law employers have to verify the work authorization status of all new hires by the way of I-9 form filing within 3 day period after employment commencement.
NO H1b person can answer YES to this question, therefore an employer has a right to refuse employment to any such applicant. Employer's willingness to apply for a visa transfer is a pure good will and no employer can be forced to do so under the current law.
As for the insurance, banking, etc., the decision to extend such services is always based on the risk assessment. You might argue that an H1b holder does not represent a greater risk for a US lender (insurer) than an ordinary US citizen. I am sure that all these insurance companies have their own studies somewhere which prove that people with no permanent status in the country represent a greater risk for their business, than those who possess such status. Providing that there are some stories about H1b workers who maxed out their credit lines, abandoned their houses and fled the country after being laid off, I do not think that any court in this country would side with non-immigrants on this matter.
But we can always keep complaining on here how badly treated and unprotected we are.
wallpaper Fresno State Bulldogs 2008
gimme Green!!
07-06 02:55 PM
This is great stuff.
Hope something good comes out of this.
Good luck, Dr!!
This is the great break through so far as long as media attention is concern. NBC nightly news is very popular news. I always watch NBC news.
Thanks to Dr. Murtaza Bahrainwala.
Hope something good comes out of this.
Good luck, Dr!!
This is the great break through so far as long as media attention is concern. NBC nightly news is very popular news. I always watch NBC news.
Thanks to Dr. Murtaza Bahrainwala.
sandy_anand
11-06 12:11 PM
Does anyone know when VB will be out this month?
2011 Fresno State Bulldogs Logo Set
newuser
09-19 03:35 PM
So those guys who attended the hearings or met with senators. what was the result? what did they accomplished? did they get the opportunity to participate with the senator or law maker in an action plan? or we just wasted that opportunity asking for autographs? please those guys post your comments. - I strongly object to the language used in your post. How can you say the IV members just went to get the autographs. If you were involved in any of the meetings with the lawmeekers, you would know the difference. Just don't come here for name sake and post whatever you want.
Get educated yourself before posting these silly questions. Also open the thread in the appropriate forum.
Get educated yourself before posting these silly questions. Also open the thread in the appropriate forum.
more...
abhijitp
07-10 09:39 AM
have already done programs/ articles taking an issue with his reporting. We can write to them explaining how he is spreading false info.
I dont think we should mention his name in a peaceful rally.
I dont think we should mention his name in a peaceful rally.
nozerd
01-04 10:30 AM
The kids from the second marriage can definitely come. He can call the first wife get her the green card, then divorce her and go and marry the second wife and bring her here.
more...
gcseeker2002
01-30 07:10 AM
Anybody Travelled with only Advance Payrole through Frankfurt recently please post ?
where they will check for transit visa in usa while boarding or in frankfurt or in india while return ?
My nationality is Indian. Presently i am residing in USA . I have " Advance Payrole Document " . I am planning to travel in this February 2011 from " Atlanta -> Frankfurt -> India(Hyderabad) " and return is in May 2011 from " India(Hyderabad) -> Frankfurt -> Atlanta " in lufthansa airways.
So shall i go for this round trip with a valid " Advance Payrole Document " only ? or i need to have " Air Transit Visa ? If i need Air transit Visa could you please let me know how to apply and what documents i need to submit .
please help already buyed tickets from lufthansa website. non refundable ticket. before that one time i cancelled ticket. airport transit visa shall we apply by post/mail ? in person cant go because very far totally 30 hors drive that too with infant driving not possible . please help ?
While pending i-485 if i applied for German airport transit visa is there any negative concerns because of that ?
Please reply soon . I really appriciate you . Thank You.
I went to India in 1st week of Dec and returned Jan 1st through Lufthansa(Frankfurt), and both ways, no transit visa was asked for or checked for either before boarding/check-in or in Frankfurt. On the way to India, they just make sure you have a Indian visa(or passport) and on way back, they just check if you have US visa(or AP). Don't worry too much, believe me, it is more of an embarrasment for Lufthansa ,in front of several hundreds of travellers, to deny boarding to someone without transit visa. If they do it, they know they would get free negative publicity that would erode their traveller base for years .
where they will check for transit visa in usa while boarding or in frankfurt or in india while return ?
My nationality is Indian. Presently i am residing in USA . I have " Advance Payrole Document " . I am planning to travel in this February 2011 from " Atlanta -> Frankfurt -> India(Hyderabad) " and return is in May 2011 from " India(Hyderabad) -> Frankfurt -> Atlanta " in lufthansa airways.
So shall i go for this round trip with a valid " Advance Payrole Document " only ? or i need to have " Air Transit Visa ? If i need Air transit Visa could you please let me know how to apply and what documents i need to submit .
please help already buyed tickets from lufthansa website. non refundable ticket. before that one time i cancelled ticket. airport transit visa shall we apply by post/mail ? in person cant go because very far totally 30 hors drive that too with infant driving not possible . please help ?
While pending i-485 if i applied for German airport transit visa is there any negative concerns because of that ?
Please reply soon . I really appriciate you . Thank You.
I went to India in 1st week of Dec and returned Jan 1st through Lufthansa(Frankfurt), and both ways, no transit visa was asked for or checked for either before boarding/check-in or in Frankfurt. On the way to India, they just make sure you have a Indian visa(or passport) and on way back, they just check if you have US visa(or AP). Don't worry too much, believe me, it is more of an embarrasment for Lufthansa ,in front of several hundreds of travellers, to deny boarding to someone without transit visa. If they do it, they know they would get free negative publicity that would erode their traveller base for years .
2010 Fresno State Bulldogs Apex
supu
10-31 02:48 AM
Can anyone please tell , What is a Service Request ?
I know about infopass and the call center telephone number.
I know about infopass and the call center telephone number.
more...
gcformeornot
11-27 12:27 AM
here...............
hair Home of the Fresno State
willgetgc2005
05-15 12:02 PM
Copanies like INFOSYS are not the culprits. This is going tangenatially. It is the local small desi body shops that suck blood and hold candidates life in their hand because of GC. They should be investigated.
I think they have to pay the minimum wage as declared in their petition.
But I doubt whether they even send those employees on assignments. I guess they process these H1s as a carrot to retain the employees or to preprepared for any future assignments (they may not even come and the visas are never used)...
Wish there is a different category of visas for outsourced kind of work so that H1s can be used by America based companies and H1 is not seen in such a bad light.
I think they have to pay the minimum wage as declared in their petition.
But I doubt whether they even send those employees on assignments. I guess they process these H1s as a carrot to retain the employees or to preprepared for any future assignments (they may not even come and the visas are never used)...
Wish there is a different category of visas for outsourced kind of work so that H1s can be used by America based companies and H1 is not seen in such a bad light.
more...
red200
10-26 11:01 PM
there should not be a issue
hot Schutt Fresno State Bulldogs
greatguy
11-13 09:20 AM
I have prior bitter experience in taking employer to court - and my take is, it is not worth it. Here is my story:
At one point, my employer owed me over 20k+ in backwages and unpaid overtime. I threatened him to going to court and he paid about 5k.
I then submitted a formal complaint to virginia department of labor, who sent it to me back stating 'since a formal employment agreement is *in place*, they are will not interfere' and directed me to go to the courts. Two months passed.
I then filed a case against my employer in the small claims court in California, where my employer resides. Small claims courts can adjudicate upto 5k. They took my case and asked me to be physically present in the court. Visiting CA, salary loss, hotel etc, would add upto 1k. Also, if the employer does not show up, I need to file another case in the normal court for attaching his property. Long shot and therefore withdrew the case.
I then contacted an attorney; surprisingly most of the attorneys did not want to take up my case( unless I have a company). Finally, one guy offered to take up the case, but insisted on paying him 4k upfront as retention fees and $200/hr rate. With no certainity of making my employer pay, I did not pursue.
There was a happy ending though.I bluffed to my employer that my team is hiring big time and I can get him some business, but before doing so, he should pay me all the past dues. I conducted some mock interviews through my friends to make the drama look real. Presto, he paid me every penny.
The whole cycle took over a year and then I resigned, going back to square on green card; but atleast had the money.
At one point, my employer owed me over 20k+ in backwages and unpaid overtime. I threatened him to going to court and he paid about 5k.
I then submitted a formal complaint to virginia department of labor, who sent it to me back stating 'since a formal employment agreement is *in place*, they are will not interfere' and directed me to go to the courts. Two months passed.
I then filed a case against my employer in the small claims court in California, where my employer resides. Small claims courts can adjudicate upto 5k. They took my case and asked me to be physically present in the court. Visiting CA, salary loss, hotel etc, would add upto 1k. Also, if the employer does not show up, I need to file another case in the normal court for attaching his property. Long shot and therefore withdrew the case.
I then contacted an attorney; surprisingly most of the attorneys did not want to take up my case( unless I have a company). Finally, one guy offered to take up the case, but insisted on paying him 4k upfront as retention fees and $200/hr rate. With no certainity of making my employer pay, I did not pursue.
There was a happy ending though.I bluffed to my employer that my team is hiring big time and I can get him some business, but before doing so, he should pay me all the past dues. I conducted some mock interviews through my friends to make the drama look real. Presto, he paid me every penny.
The whole cycle took over a year and then I resigned, going back to square on green card; but atleast had the money.
more...
house 25 Fresno State Bulldogs (2-1,
mheggade
12-27 03:53 PM
Everyone of those people using AC21 will come from an existing job. They will typically go to a higher paying job. Every one of those jobs vacated will have to be sought on the open market, where they'll have market rates of today vs three years ago.
So my glass is half full. :D
yes..agreed. But you are forgeting all the new EAD's (H4's) who will be part of the mix.
So my glass is half full. :D
yes..agreed. But you are forgeting all the new EAD's (H4's) who will be part of the mix.
tattoo Fresno State - Bulldogs
willwin
02-20 01:06 PM
judging by how much class you're displaying sorry to say your pet dog deserves a gc more than you do. :p
Mantric, you are absolutely right. Also, I am totally agree with your points and whatever you have mentioned in your message is appreciable.
LOL. What a punch!!!
Mantric, you are absolutely right. Also, I am totally agree with your points and whatever you have mentioned in your message is appreciable.
LOL. What a punch!!!
more...
pictures 1996 Fresno State Bulldogs
rbharol
05-22 02:58 PM
Logiclife,
Competeamerica too is not happy with this bill.
Has IV talked to them about their stance and their plan of action?
How do you think Congress will react to these provisions?
They have STRIVE in the house. Is there a chance we get something
in the middle of the senate bill and STRIVE?
Competeamerica too is not happy with this bill.
Has IV talked to them about their stance and their plan of action?
How do you think Congress will react to these provisions?
They have STRIVE in the house. Is there a chance we get something
in the middle of the senate bill and STRIVE?
dresses Fresno State Bulldogs 48x60
kicca
02-13 09:41 AM
^
more...
makeup Four former Fresno State
vin13
06-24 01:32 PM
Source: Frank Sharry: Memo to the President: Yes, Move Immigration Reform This Year (http://www.huffingtonpost.com/frank-sharry/memo-to-the-president-yes_b_220072.html)
On June 25th, President Obama is convening a bi-partisan meeting to discuss the prospects for moving on comprehensive immigration reform later this year. If he asked me about the politics of immigration reform in this economic climate, this is the memo I would send to him:
Mr. President, with so many challenges facing America, is it too much to tackle immigration reform this year?
Reform advocates point to the pledge you made on the campaign trail, to make immigration reform a "top priority in my first year." Yet skeptics argue that the economic crisis makes your campaign promise moot. They believe you should delay immigration legislation and focus on the economy and your other legislative priorities. While addressing immigration may seem to be heaping another issue onto an already-full plate of priorities, there are four compelling reasons for you to move forward with reform this year.
First, the public support for immigration reform is growing stronger notwithstanding the conventional wisdom advanced by the political class. For a big majority of Americans, the failure to address immigration is a symbol of Washington's failure to confront and solve tough problems. Comprehensive immigration reform - the key elements of which require strong enforcement at the borders and in the workplace, coupled with a mechanism for unauthorized immigrants to get legal, learn English and pay taxes - is viewed by the majority of Americans as the most practical approach to addressing this complicated problem.
And in this economic downturn, voters are actually more supportive of immigration reform than at any other time. As pollster Celinda Lake tells it, "voters are very focused on finding solutions to our problems. They support comprehensive immigration reform as a practical, common-sense solution and have no patience for politicians who want to point fingers and score points rather than fix the problem."
The evidence for this point of view is growing. A Washington Post/ABC News poll showed 61% support for giving undocumented immigrants the right to live in the U.S. "if they pay a fine and meet other requirements," a 12% increase since 2007. The Pew Research Center recently found that 63% of respondents supported a pathway to citizenship, up 5% from 2007.
In polling conducted in May by Pete Brodnitz of Benenson Strategies for the organization I direct, 64% of voters support comprehensive immigration reform before it is described, and a whopping 86% support comprehensive reform after it is described. In response to a head-to-head question that pits comprehensive reform against the enforcement-only approach favored by most Republicans and some conservative Democrats, comprehensive wins 67% to 31%. Among those voters who describe themselves as undecided for the 2010 Congressional elections, they not only favor comprehensive reform at the same levels as Democratic voters, by a 69% - 28% they want their elected leaders to tackle immigration reform this year.
The second reason you should move forward is that your commitment to move on immigration reform has created enormous expectations in the Latino community. Your campaign promise was a galvanizing factor in motivating Latinos - especially Latino immigrant voters - to turn out in record numbers in 2008 and swing decisively to the Democratic column. These new voters helped flip at least four states that voted for George W. Bush in 2004 to Obama states in 2008 (Florida, Colorado, New Mexico, and Nevada).
While some like to point out that polls of Hispanics put issues related to the economy as higher on the priority list than immigration reform, the fact is that Immigration reform is a defining issue for Latinos the way civil rights is for many African-American voters, choice is for many female voters, and Israel is for many Jewish voters. For example, in a recent poll of Latino voters conducted by Bendixen and Associates on behalf of America's Voice, 82% called the issue personally important and 87% said they would not consider voting for a Congressional candidate who favors forcing most of those in the U.S. illegally to leave the country. Moreover, expectations are sky-high: three out of four Latino voters expect you to keep your pledge to move on immigration reform in the first year.
The third reason you should move forward is that fixing immigration is a critical component of fixing the economy. Immigration reform will benefit American taxpayers by requiring workers and their employers to get legal and comply with their tax obligations; it will benefit American workers whose wages and working conditions are depressed by unscrupulous employers who exploit unauthorized workers; and it will benefit law-abiding employers currently undercut by bad-actor competitors by significantly reducing the incentive to underpay workers and pay them off the books in order to win business. As for increased revenues, get this: a Congressional Budget Office study of a legalization component included in the 2006 McCain-Kennedy bill projected increased revenues over 10 years totaling $66 billion. Not bad at a time of squeezed budgets.
Finally, the moral stakes are high and getting higher. How we as a nation deal with illegal immigration has become a defining moral issue for our nation. Ultimately, the question we face is this: are we going to allow hardliners who want nothing less than the expulsion of millions of immigrant families already living in our communities to dominate the debate? Or are we going to live up to our tradition as both a nation of immigrants and a nation of laws and write a new chapter in the American story of how including "them" makes for a stronger "us?"
Immigration reform will not be easy, and yet, this is the kind of big issue that led you to proclaim the fierce urgency of now and run for President.
This is your kind of fight, Mr. President. History is calling.
On June 25th, President Obama is convening a bi-partisan meeting to discuss the prospects for moving on comprehensive immigration reform later this year. If he asked me about the politics of immigration reform in this economic climate, this is the memo I would send to him:
Mr. President, with so many challenges facing America, is it too much to tackle immigration reform this year?
Reform advocates point to the pledge you made on the campaign trail, to make immigration reform a "top priority in my first year." Yet skeptics argue that the economic crisis makes your campaign promise moot. They believe you should delay immigration legislation and focus on the economy and your other legislative priorities. While addressing immigration may seem to be heaping another issue onto an already-full plate of priorities, there are four compelling reasons for you to move forward with reform this year.
First, the public support for immigration reform is growing stronger notwithstanding the conventional wisdom advanced by the political class. For a big majority of Americans, the failure to address immigration is a symbol of Washington's failure to confront and solve tough problems. Comprehensive immigration reform - the key elements of which require strong enforcement at the borders and in the workplace, coupled with a mechanism for unauthorized immigrants to get legal, learn English and pay taxes - is viewed by the majority of Americans as the most practical approach to addressing this complicated problem.
And in this economic downturn, voters are actually more supportive of immigration reform than at any other time. As pollster Celinda Lake tells it, "voters are very focused on finding solutions to our problems. They support comprehensive immigration reform as a practical, common-sense solution and have no patience for politicians who want to point fingers and score points rather than fix the problem."
The evidence for this point of view is growing. A Washington Post/ABC News poll showed 61% support for giving undocumented immigrants the right to live in the U.S. "if they pay a fine and meet other requirements," a 12% increase since 2007. The Pew Research Center recently found that 63% of respondents supported a pathway to citizenship, up 5% from 2007.
In polling conducted in May by Pete Brodnitz of Benenson Strategies for the organization I direct, 64% of voters support comprehensive immigration reform before it is described, and a whopping 86% support comprehensive reform after it is described. In response to a head-to-head question that pits comprehensive reform against the enforcement-only approach favored by most Republicans and some conservative Democrats, comprehensive wins 67% to 31%. Among those voters who describe themselves as undecided for the 2010 Congressional elections, they not only favor comprehensive reform at the same levels as Democratic voters, by a 69% - 28% they want their elected leaders to tackle immigration reform this year.
The second reason you should move forward is that your commitment to move on immigration reform has created enormous expectations in the Latino community. Your campaign promise was a galvanizing factor in motivating Latinos - especially Latino immigrant voters - to turn out in record numbers in 2008 and swing decisively to the Democratic column. These new voters helped flip at least four states that voted for George W. Bush in 2004 to Obama states in 2008 (Florida, Colorado, New Mexico, and Nevada).
While some like to point out that polls of Hispanics put issues related to the economy as higher on the priority list than immigration reform, the fact is that Immigration reform is a defining issue for Latinos the way civil rights is for many African-American voters, choice is for many female voters, and Israel is for many Jewish voters. For example, in a recent poll of Latino voters conducted by Bendixen and Associates on behalf of America's Voice, 82% called the issue personally important and 87% said they would not consider voting for a Congressional candidate who favors forcing most of those in the U.S. illegally to leave the country. Moreover, expectations are sky-high: three out of four Latino voters expect you to keep your pledge to move on immigration reform in the first year.
The third reason you should move forward is that fixing immigration is a critical component of fixing the economy. Immigration reform will benefit American taxpayers by requiring workers and their employers to get legal and comply with their tax obligations; it will benefit American workers whose wages and working conditions are depressed by unscrupulous employers who exploit unauthorized workers; and it will benefit law-abiding employers currently undercut by bad-actor competitors by significantly reducing the incentive to underpay workers and pay them off the books in order to win business. As for increased revenues, get this: a Congressional Budget Office study of a legalization component included in the 2006 McCain-Kennedy bill projected increased revenues over 10 years totaling $66 billion. Not bad at a time of squeezed budgets.
Finally, the moral stakes are high and getting higher. How we as a nation deal with illegal immigration has become a defining moral issue for our nation. Ultimately, the question we face is this: are we going to allow hardliners who want nothing less than the expulsion of millions of immigrant families already living in our communities to dominate the debate? Or are we going to live up to our tradition as both a nation of immigrants and a nation of laws and write a new chapter in the American story of how including "them" makes for a stronger "us?"
Immigration reform will not be easy, and yet, this is the kind of big issue that led you to proclaim the fierce urgency of now and run for President.
This is your kind of fight, Mr. President. History is calling.
girlfriend Fathead Fresno State Bulldogs
Marphad
06-17 10:04 AM
I support.
hairstyles Fresno State Bulldog Stadium:
kumar1
07-19 01:55 PM
Thanks to every person who answered this post. I managed to get an appointment in mumbai for Aug 2nd. This will give enough time to send necessary document from my end and also give enough breathing to file the application.
Very good, ask your wife to bring a load of sweets for IV member. ;)
Very good, ask your wife to bring a load of sweets for IV member. ;)
java06
01-30 09:59 AM
sent the letters to IV and Mr. President.
kannan
06-20 02:45 PM
My lawyer files I- 485 for me and my family, I want to file EAD and AP for me and my family by myself still do I need to file one more G- 28 .
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