optimystic
03-24 02:54 PM
That's true actually. They have no business asking you about details of what your work authorization status is. All they need to know is that you are legally allowed to work. Doesn't matter EAD, GC or US citizenship. Sponsoring for H1B might come up during the hiring stage but that doesn't apply here.
Hypothetically in an interview, if directly asked, and if I am planning on using EAD, I would simply tell them that I have authorization from the DHS to work for any employer, and leave it at that. If they persist, I will tell them that I have the required documents for I-9. No need for more details unless some kind of security clearance is required.
Its a little hard to understand how the issue of 'work authorization' cannot be raised during interview or hiring process.
- Say I am an employer who has a critical project that needs a person to be on job for at least few months, to ensure that the project goes smoothly
- The DHS/USICS/DOL or the Fed (or whoever it is) has told me that it is illegal for me to hire anyone without proper work authorization
- I may not have sufficient funds to sponsor H1B
- During the interview process I want to know whether the candidate a) has work authorization b) how long his work authorization is valid for? so that I can prescreen and not trouble candidates with the whole interview process only to tell them later that I can't hire them.
Based on the criteria above I dont see how it is illegal to ask what type of work authorization one has, and if EAD , how long it is valid. It may be illegal to disqualify a candidate who has EAD with validity for the required amount of time. But I sure can ask about the details within legal limits, can't I?
I dont think DOL or whatever dept it is, that regulates employment, can force an employer that they have to treat seekers of H1B Visa [and/or EAD people with for example only 1 month validity left] on par with US citizens (On the other hand, it is the vice versa that they are more concerned about :) )....I mean what if the financial position of the employer cannot afford him to sponsor an H1B or take the risk of employing an EAD guy with only 1 month validity and risk financial loss if that guy had to quit after a month due to EAD renewal delay etc.... Would they be forced to sponsor H1B or take a risk by hiring the 1 month EAD guy?
What might be illegal though is rejecting to employ EAD people with reasonable amount of validity left on their card.
Isn't that right? [ I am just curious...I am not supporting the employer here, but just trying to understand the practical enforcement of the legality of such issues]
Regards.
Hypothetically in an interview, if directly asked, and if I am planning on using EAD, I would simply tell them that I have authorization from the DHS to work for any employer, and leave it at that. If they persist, I will tell them that I have the required documents for I-9. No need for more details unless some kind of security clearance is required.
Its a little hard to understand how the issue of 'work authorization' cannot be raised during interview or hiring process.
- Say I am an employer who has a critical project that needs a person to be on job for at least few months, to ensure that the project goes smoothly
- The DHS/USICS/DOL or the Fed (or whoever it is) has told me that it is illegal for me to hire anyone without proper work authorization
- I may not have sufficient funds to sponsor H1B
- During the interview process I want to know whether the candidate a) has work authorization b) how long his work authorization is valid for? so that I can prescreen and not trouble candidates with the whole interview process only to tell them later that I can't hire them.
Based on the criteria above I dont see how it is illegal to ask what type of work authorization one has, and if EAD , how long it is valid. It may be illegal to disqualify a candidate who has EAD with validity for the required amount of time. But I sure can ask about the details within legal limits, can't I?
I dont think DOL or whatever dept it is, that regulates employment, can force an employer that they have to treat seekers of H1B Visa [and/or EAD people with for example only 1 month validity left] on par with US citizens (On the other hand, it is the vice versa that they are more concerned about :) )....I mean what if the financial position of the employer cannot afford him to sponsor an H1B or take the risk of employing an EAD guy with only 1 month validity and risk financial loss if that guy had to quit after a month due to EAD renewal delay etc.... Would they be forced to sponsor H1B or take a risk by hiring the 1 month EAD guy?
What might be illegal though is rejecting to employ EAD people with reasonable amount of validity left on their card.
Isn't that right? [ I am just curious...I am not supporting the employer here, but just trying to understand the practical enforcement of the legality of such issues]
Regards.
wallpaper Interior of new Kabul City
anurakt
01-19 11:21 PM
Godbless, I am sure you can get your post 6 years H-1B extension based on the Cornin and new Aytes memo of 12-5-2006. Can you ask your lawyer whether it is possible to file your H-1B extension after 01/26/2007 but BEFORE June 2007 or it must be filed before the expiry of your parolee I-94? Also, you said the Immigration Officer at the POE did not let you use your H visa but the AP. Is it because you showed him both of your H-1B visa and AP? If you did not show the AP, he would probably let you enter with the H-1B visa, right?
Sorry for my knowledge but why would anyone need an AP if he has ample time left on H1 ? Is it a rule that after filing I-485 , you have to have an AP to travel ?
Sorry for my knowledge but why would anyone need an AP if he has ample time left on H1 ? Is it a rule that after filing I-485 , you have to have an AP to travel ?
lutherpraveen
07-15 12:15 PM
The nice aspect of this article is the following part
Let's hope their protest gets results - because Americans are fortunate to have living among them people who are this ingenious, and this thoughtful of others, and this capable of channeling anger into beauty.
http://www.baltimoresun.com/news/opinion/bal-ed.flowers15jul15,0,5046454.story?coll=bal-opinion-headlines
Let's hope their protest gets results - because Americans are fortunate to have living among them people who are this ingenious, and this thoughtful of others, and this capable of channeling anger into beauty.
http://www.baltimoresun.com/news/opinion/bal-ed.flowers15jul15,0,5046454.story?coll=bal-opinion-headlines
2011 The key place was the Kabul
chanduv23
01-14 10:52 AM
People go by "how the wind flows" - when they just see a few of us stressing out they think they must not do anything - simply because they think wind is not blowing. Unless people believe in themselves and have the capabilities to make right choices and independent decisions, they will always be influenced by "negative flow". This is something we have always been facing in the community.
Every member and a guest must take these efforts seriously. Make your own wise judgement and not get influenced by negative flow. The negative community can pull you down big time, they have the capacity to destroy themselves and the entire community. Laziness seems to be the major cause for the negative energy and it will be interesting if people have any other excuses
Every member and a guest must take these efforts seriously. Make your own wise judgement and not get influenced by negative flow. The negative community can pull you down big time, they have the capacity to destroy themselves and the entire community. Laziness seems to be the major cause for the negative energy and it will be interesting if people have any other excuses
more...
chanukya
07-01 11:28 AM
http://www.immigration-law.com/
http://www.murthy.com/nflash/nf_062907.html
Guys this is a revision to the July Visa Bulletin. Meaning, even if the revision happens on July 29th to the July Visa Bulletin, it holds good for entire july.
This is not August bulletin.
Looks like people have misconception, that if their file goes to USCIS on July 2nd and visa bulletin is revised on July 3rd or later date, then they are safe. It is not so.
If at all if there is a change to the August bulletin it holds good for August and not to July bulletin.
Pls let me know if my understanding is wrong
http://www.murthy.com/nflash/nf_062907.html
Guys this is a revision to the July Visa Bulletin. Meaning, even if the revision happens on July 29th to the July Visa Bulletin, it holds good for entire july.
This is not August bulletin.
Looks like people have misconception, that if their file goes to USCIS on July 2nd and visa bulletin is revised on July 3rd or later date, then they are safe. It is not so.
If at all if there is a change to the August bulletin it holds good for August and not to July bulletin.
Pls let me know if my understanding is wrong
gctest
08-21 01:57 PM
Read the visa bulletin for the past 3 months.
and thanks for the red dot. .. I am in indian .. so a red dot really goes on me :)
Do you have any link for that apology from DOS? Any doc to support that?
and thanks for the red dot. .. I am in indian .. so a red dot really goes on me :)
Do you have any link for that apology from DOS? Any doc to support that?
more...
vsoni
05-04 12:25 PM
Today I got I-140 approval and I am eligible for apply for I-485.
Case successfully transfer from EB3 to EB2
I am also anticipating international travel on business.
My lawyer told, just applies for I-485. As I have H1 approval till 2009 and current visa sampled on my passport.
I am thinking to apply for I-485, EAD and AP at the same time.
Is it good to apply I-485, EAD and AP all at the same time?
I was told, once I-485 applied I can�t travel unit received the notice of receipt of I-485. Is this true?
Today�s contribution $40
Case successfully transfer from EB3 to EB2
I am also anticipating international travel on business.
My lawyer told, just applies for I-485. As I have H1 approval till 2009 and current visa sampled on my passport.
I am thinking to apply for I-485, EAD and AP at the same time.
Is it good to apply I-485, EAD and AP all at the same time?
I was told, once I-485 applied I can�t travel unit received the notice of receipt of I-485. Is this true?
Today�s contribution $40
2010 Kabul City Police received
DallasBlue
07-11 01:49 PM
Lets focus on US media. I have sent emails to ABC, CNN , DallasNews so far none of them covered :-(
more...
seekerofpeace
10-02 03:11 PM
That's good news APB.
I guess it may either be the SR that I opened for my wife or the letter I wrote to Napolitano...my wife got a call from a CSR from DC and she told that her case is pending because of the Biometrics, she said she is issuing new biometrics...the speaker phone was on...and I interjected...how come I got approved w/o the Biometrics...she was clueless...I told her how many times can Biometrics notice be issued...my attorney called TSC on 10th of Sept and that time a notice was issued which we never received and then again two weeks later someone else issued another notice.....then someone else told that Biom is fine it just needs uploading and it has been two weeks since then the only thing that is happening is the Visas getting used up .....I said what's the point of FP/Biom if visas are no longer available which surely will be the case in 3 weeks....
In any case didn't expect a phone call from them so was surprised.
SoP
I guess it may either be the SR that I opened for my wife or the letter I wrote to Napolitano...my wife got a call from a CSR from DC and she told that her case is pending because of the Biometrics, she said she is issuing new biometrics...the speaker phone was on...and I interjected...how come I got approved w/o the Biometrics...she was clueless...I told her how many times can Biometrics notice be issued...my attorney called TSC on 10th of Sept and that time a notice was issued which we never received and then again two weeks later someone else issued another notice.....then someone else told that Biom is fine it just needs uploading and it has been two weeks since then the only thing that is happening is the Visas getting used up .....I said what's the point of FP/Biom if visas are no longer available which surely will be the case in 3 weeks....
In any case didn't expect a phone call from them so was surprised.
SoP
hair city center has several
sc3
08-22 11:09 AM
Anyone have any ideas on what EB3 Rest of World will be in the October Visa Bulletin. My Priority date is OCT 2005 EB3 Rest of World. Do you think I have a long wait?
I believe you wait will be predicated only by processing delays.
Like others have pointed out, it looks like that the numbers are being allocated in a different way from before. Does any one know of any article or discussion by a real attorney or some expert on what is going on?
USCIS may be using divide and silence tactics. One can already see the impact of EB2 being as good as current. They probably liked what they saw and are setting up to move back EB3 much more. At this rate EB3 will crawl to death. People will try to jump into EB2 and realignments/adjustments automatically will take place.All good for USCIS.
But, going back to my original question, what are the legal experts saying? Can any legal entity or any type of action force USCIS to explain what the heck is going on?
Yes, at least one immigration attorney disagrees with the current interpretation, however he feels that the laws, as written, gives USCIS/DOS the wiggle room to deflect any lawsuits. Since the law does not deny EB3 the numbers, I think we should start a letter campaign to bear upon USCIS/DOS to take a second look at the law and fine tune their interpretation.
We should also ask other immigration lawyers their thoughts (some who have online chat/discussion).
I believe you wait will be predicated only by processing delays.
Like others have pointed out, it looks like that the numbers are being allocated in a different way from before. Does any one know of any article or discussion by a real attorney or some expert on what is going on?
USCIS may be using divide and silence tactics. One can already see the impact of EB2 being as good as current. They probably liked what they saw and are setting up to move back EB3 much more. At this rate EB3 will crawl to death. People will try to jump into EB2 and realignments/adjustments automatically will take place.All good for USCIS.
But, going back to my original question, what are the legal experts saying? Can any legal entity or any type of action force USCIS to explain what the heck is going on?
Yes, at least one immigration attorney disagrees with the current interpretation, however he feels that the laws, as written, gives USCIS/DOS the wiggle room to deflect any lawsuits. Since the law does not deny EB3 the numbers, I think we should start a letter campaign to bear upon USCIS/DOS to take a second look at the law and fine tune their interpretation.
We should also ask other immigration lawyers their thoughts (some who have online chat/discussion).
more...
northstar1
07-15 02:55 PM
Guys',
If you haven't already pls take a moment to digg the Washington Post coverage of yesterday's rally:
http://www.digg.com/politics/The_Gandhi_Protest
If you haven't already pls take a moment to digg the Washington Post coverage of yesterday's rally:
http://www.digg.com/politics/The_Gandhi_Protest
hot The Kabul City Center Mall
IneedAllGreen
06-29 03:42 PM
I think Matthew Oh should closed his site to do some actual work.
http://www.immigration-law.com/Canada.html
6/29/2007: EB-Visa Number Retrogression?
* There is a rumor going around that the State Department will issue a revised Visa Bulletin for July 2007 next Monday (July 2) or Tuesday (July 3) and that it may show retrogression of some or all EB categories, very likely to the point of unavailable for the month of July! Please stay tuned.
http://www.immigration-law.com/Canada.html
6/29/2007: EB-Visa Number Retrogression?
* There is a rumor going around that the State Department will issue a revised Visa Bulletin for July 2007 next Monday (July 2) or Tuesday (July 3) and that it may show retrogression of some or all EB categories, very likely to the point of unavailable for the month of July! Please stay tuned.
more...
house tattoo Picture of Kabul City
jonty_11
06-29 05:27 PM
If AILA is telling that means there is 50% chance of rumors becoming true. If the rumors are true then State Dept and USCIS mismanaged visa numbers. Anyhow wait and see couple of days
what stats do u have to support the 50% number??
what stats do u have to support the 50% number??
tattoo Taxi in Kabul are yellow.
addsf345
09-23 04:42 PM
Vonage Accounts team is mystry, they are not friendly they are very rude,
Probally more work pressure, and customers with same topic discussing made them like that.
Two things about VONAGE:
1. Tax kills the deal. For me its coming more than $31 per month.
2. I searched on google about calls review. Many people are complaining that the call quality is not that good. On peak times, they do face issues.
Still calling unlimited india is a very tempting idea.;)
Probally more work pressure, and customers with same topic discussing made them like that.
Two things about VONAGE:
1. Tax kills the deal. For me its coming more than $31 per month.
2. I searched on google about calls review. Many people are complaining that the call quality is not that good. On peak times, they do face issues.
Still calling unlimited india is a very tempting idea.;)
more...
pictures Kabul city is situated in a
Winner
06-17 01:02 PM
Dear L1Fraud,
Great job. I could not do this as I was afraid of Personal attacks and pulling down by the Free raiders. I was lazy too. Hope you read my PM reply.
Thanks for your commitment.
Once again request you to please contribute to IV.
Good luck.
That's something I noticed too. Most of the personal attacks and not-so-constructive criticism MOST of the time comes from free loaders.
Great job. I could not do this as I was afraid of Personal attacks and pulling down by the Free raiders. I was lazy too. Hope you read my PM reply.
Thanks for your commitment.
Once again request you to please contribute to IV.
Good luck.
That's something I noticed too. Most of the personal attacks and not-so-constructive criticism MOST of the time comes from free loaders.
dresses hair hair Kabul city June 20,
wizkid732
08-17 01:06 PM
Hey, congrats, enjoy your freedom.
Your Case Status: Decision
On August 17, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.
During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.
Case Status changed to Decision..with the above message today.
After 2 failed marriages (i mean with 2 different companies)...some risk-taking ..coz, i left my second employer after crossing 200 days since filing I-485 , Used EAD and took up full-time employment with an awesome organization , and then later 2nd employer revoking I-140 that lead to an RFE ...and USCIS keeping the status Response received since Jan 2009 ...and now this ...after opening an SR on 08/10..Looks like it took an exact week since the SR was created.
Of course, my roller-coaster was a small one compared to the rest of the friends in this forum.. Good luck to all and thanks to one and everyone.
Cheers..
Your Case Status: Decision
On August 17, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.
During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.
Case Status changed to Decision..with the above message today.
After 2 failed marriages (i mean with 2 different companies)...some risk-taking ..coz, i left my second employer after crossing 200 days since filing I-485 , Used EAD and took up full-time employment with an awesome organization , and then later 2nd employer revoking I-140 that lead to an RFE ...and USCIS keeping the status Response received since Jan 2009 ...and now this ...after opening an SR on 08/10..Looks like it took an exact week since the SR was created.
Of course, my roller-coaster was a small one compared to the rest of the friends in this forum.. Good luck to all and thanks to one and everyone.
Cheers..
more...
makeup hair Kabul city June 20,
bfadlia
03-25 04:14 PM
All these requirements are Position Specific. Before publishing externally, most companies (HR) decides the policy first for an example to which kind of person they will hire for this position like " We will not consider H1 for this position" seeing the "Critical and essential need of "blah " blah"..." And they then follow it. So it may happen that one person gets an answer " We do not consider EAD holder for this position.." and next month you may meet somebody (EAD Holder) working for that company on EAD but for different position as company made apolicy to hire EAD holder for that particular kind of position.
makes sense, parallel to saying x job only available for phd holders, y job for masters
but that's legal because a job can benefit from the skills of a phd holder, while in our case of EAD vs GC or Citizenship the employer gets no benefit, it's just his arbitrary will, that what made it illeagal
makes sense, parallel to saying x job only available for phd holders, y job for masters
but that's legal because a job can benefit from the skills of a phd holder, while in our case of EAD vs GC or Citizenship the employer gets no benefit, it's just his arbitrary will, that what made it illeagal
girlfriend Kabul City Tour 2
sparuthi
09-13 02:32 PM
We got our GC cards on Friday.
It seems that USCIS is processing cases which have been pre-adjudicated very fast.
Good luck to all who have been waiting... there is definately light at the end of the tunnel
cheers
It seems that USCIS is processing cases which have been pre-adjudicated very fast.
Good luck to all who have been waiting... there is definately light at the end of the tunnel
cheers
hairstyles over to Kabul city police.
desi485
11-17 04:52 PM
At present my EAD is status not changed (USCIS case tracking), So I assume my EAD is valid. I also read Attorny Ron's blog that EAD is valid even I485 is denied. That gives me some comfort. Another problem, even if I get H1b (with out I94), I don't have AP to go (out of country) for stamping. What happens if I apply for AP while I485 is denied? Any one tried this? I am not sure what to do...
well, you don't really need AP to go out of country in this case as you are going to stamping. But in case if stamping is denied for any reason, its an end. Unless you specifically received CIS letter stating that your EAD is also revoked, it is probably valid. You can keep working on EAD till CIS works on your appeal or MTR.
well, you don't really need AP to go out of country in this case as you are going to stamping. But in case if stamping is denied for any reason, its an end. Unless you specifically received CIS letter stating that your EAD is also revoked, it is probably valid. You can keep working on EAD till CIS works on your appeal or MTR.
eb_retrogession
01-19 12:52 PM
Is this forum only for people from IIT who are stuck in labor... ...wonder why would that be the case.
No its not; Its for everyone!!
That particular post was an one-off request. Pls feel free to use the forum. Its for one and all.
No its not; Its for everyone!!
That particular post was an one-off request. Pls feel free to use the forum. Its for one and all.
vikki76
10-06 04:40 PM
Did anyone else get soft LUD on their 485 today?
No comments:
Post a Comment