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  • jkays94
    06-08 07:52 PM
    You have to see my quote from the context of immigration. I never said illegal immigrants do not have any rights. Human rights are across the board. Every nation must follow these standards. Illegal immigrants can not sneak into a country and then demand that they should be given citizenship.

    Regarding undocumented workers filing with EEOC, please quote me few cases like that. I doubt if it is ever possible. In my personal opinion, when such workers are subject to deportation when found, where is the foundation in that case? Are you suggesting that non-citizens can apply for jobs in defence and aviation and complain to EEOC if rejected?


    Again this could be looked at from many angles. The right to march and demand citizenship is protected under the 1st ammendment. Whether they get the citizenship or not is another issue but indeed yes, as ridiculous as it is, one is free to have the audacity to make statements that may be ridiculous in nature and that is their right under the 1st ammendment to do so as long as they are within the borders of the US. It is these types of freedoms that distinguish America from many other countries, to the extent to where even a person subject to deportation has the right to due process. The 1st ammendment guarantees the freedom of expression. Freedom of expression further covers the right to free speech, press, assembly and to petition the government for a redress of grievances (which is what the undocumented are doing in any case) etc [more here (http://www.law.cornell.edu/wex/index.php/First_amendment)]

    Indeed a Federal District court has already ruled that immigration status is not a matter that is debatable in a EEOC/discrimination law suit. If the below is not sufficient there are some actual cases involving undocumented workers who were not victims of human trafficking.

    Federal Court Bars Employers From Making Issue Of Immigration Status In Discrimination Lawsuits (http://www.eeoc.gov/press/3-10-06c.html)

    "We are pleased with the court's order because Title VII's protections against discrimination apply to all employees whether they are documented or undocumented," Burnside said. "Employers cannot discriminate against employees, and then threaten them by seeking information about their immigration status when they complain."

    If you read my other post correctly, it said the exemption was with security clearance related jobs. The two types of jobs you cited more than likely require security clearance but if they do not then its fair game for a discrimination complaint. Security clearance is only available to US citizens. My point is that if an employer with more than 4 employees whose job offering does not require security clearance or does not touch on matters of national security has a job posting claiming 'US Citizens Only' and an eligible for work non US citizen eg Green Card Holder or H1-B, EAD holder applies and is rejected primarily on the basis of their national origin or immigration status then yes, they do have credible grounds upon which to file an EEOC complaint. Note that an employer is only supposed to ask for documents that identify eligibility to work when they have made the decision to hire and are filing out form I-9. For instance there is already a case where EEOC or the DOJ won a case because an employer insisted on seeing an employee's GC and would not take an EAD. In summary, I'm not suggesting, it is the law and I believe I have given references to the relevant sections in my other post. But if in doubt, you may want to check with a lawyer and not take my word for it since I'm not one.





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  • ragz4u
    02-22 09:55 AM
    Bill Frist Website
    http://frist.senate.gov/index.cfm?FuseAction=Columns.Detail&Column_id=82


    AMERICA MUST NURTURE HOMEGROWN HIGH-TECHNOLOGY WORKFORCE
    --Op/Ed in San Jose Mercury News--


    Senator Frist listens as Dr. James Wingate, President of LeMoyne-Owen College in Tennessee, expresses support for the inclusion of the SMART Grant program in this week's Senate budget reconciliation bill, 11/2/05
    February 2006 - Every time I visit Silicon Valley I'm reminded of a simple fact: American businesses lead the world because they employ talented people. From the top executives at companies like Apple and Cisco to the science and engineering students I'll speak with Monday at San Jose State University, Americans sit on the cutting edge of technology.

    We have less than 5 percent of the world's population but produce almost a quarter of its wealth and enjoy the highest per capita income of any large industrial economy. Americans receive more patents than the citizens of any other country, have the world's best university system, do most of the world's basic research, and take home the lion's share of Nobel Prizes in the sciences.

    As many people working in Northern California's technology sector have realized, however, we can't afford complacence. China and India together now produce at least twice as many engineers as the United States. Both have fast growing populations and high-quality universities. In search of profits, companies have begun to outsource more low- and medium-skilled jobs to these nations.

    No amount of funding, furthermore, would allow the United States to catch -- much less exceed -- China and India's combined production of scientific personnel. We just don't have enough people. Even at our own universities, foreigners earn an ever-increasing percentage of degrees in the hard sciences. Some remain, but many end up taking their valuable skills back home. American companies, meanwhile, have thousands of scientific and engineering openings that they can't fill.

    If we hope to remain the world's pre-eminent economic power,/ we need to produce more scientists and engineers and train them better. One recent study, indeed, found that 85 percent of income growth stems from technological change.

    While every American deserves a high-quality education, we need to target additional resources on the most talented students to ensure America retains its competitive edge. In particular, we need to provide an incentive to all of America's bright, driven low-income students who want to pursue careers in the sciences. Right now, far too many talented students from poor backgrounds drop out of college or shift away from hard science because of the expense. It's bad for the country.

    One program that the president signed into law earlier this year takes the first major step toward fixing the problem. The SMART Grant program, which I developed, will focus assistance on students in science, math and strategic foreign languages who earn B averages or better during their junior and senior years of college. Next year, the California State University system estimates, more than 3,000 students systemwide -- including many at San Jose State -- will benefit from the program. Many will have their tuition payments eliminated entirely and the numbers will rise in coming years as the program attracts more people into the sciences. Thousands more students in the University of California system will also benefit.

    Of course, tuition subsidies alone can't ensure that we'll have enough talented workers. In the coming months, Congress will consider the president's proposals to improve K-12 math education, increase funding for basic research, support high-risk/high-reward applied science projects, and make the research and development tax credit permanent. Fiscal realities, of course, will play a role in any final decision as Congress examines these proposals.

    Silicon Valley companies already do an excellent job recruiting America's best and brightest. Now the government needs to build on its efforts to increase the ranks of homegrown scientists and engineers.

    Hey Sobers,

    Great work....I always look forward to your postings. Positive energy like yours helps IV in more ways than one.

    Keep it up





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  • GreenCard4US
    08-23 02:39 PM
    Thank you for the reply. When you say that if I go with Company A that there will be more scrutiny, do you mean they will check the vailidity of the offer and their ability to pay? I work for a Govt. Agency(Company C), they will give me an EVL but I am not sure if they will specify "in accordance with I140". I am actually doing the same job, same place, before as a contractor(Company A) and now as an Employee(Company C).

    Either way is fine. Is company A willing to hire you, and you intend to join them when GC comes through? If so, send that letter. There might be alittle bit more scrutiny that way.
    If you intend to stick with company C in the future, you can send the EVL of C and include a letter explanining you invoked AC21.
    Its not an issue that your H1 transfer to C occured before the 485 filed by A. Once its past 180 days, you are free to work whereever you wish.





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  • k_usa
    07-18 12:29 PM
    Reached USCIS - 7/02
    Service Center- NSC
    rejected/accepted - Do not know

    EB2 -
    PD -01/2006
    140 AD - 10/2006



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  • PlainSpeak
    04-19 07:26 PM
    Fully agree with each word you said. Many people with legit US education (not TVU kind that many not so educated people on this forum are taking shelter under the umbra of) who have been in the US for more than 10 years are still lawfully waiting in the line. And this idiot with a BCOM and MCA ( correspondence course from IGNOU) is dreaming of porting into EB2 and screw us up. Shame on USCIS and Shame on DOL. I am really concerned that if legit EB2 applicants don't talk to lawmakers and send emails to USCIS, we will be stuck here for years due to these fradulent porting.

    getgreensoon1....

    Do you even think before you open your mouth !!!!!!!!! ????????





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  • ssa
    10-08 03:19 PM
    I haven't received the physical H1B approval notice from my attorney yet so I don't know what's the I-94 # on that one although I doubt it will be the same. AFAIK each I-94 number is unique and different. Anyway, I don't think I-94 number itself matters any, just the fact that you have valid, not expired I-94 is sufficient.

    I did not fill the forms for the transfer myself (the attorney did) so I don't know for a fact what he entered in "last manner of entry" but I'm 99.99% sure they must have said "Paroled" as they asked for my I-94 that had "paroled" stamp on it to attach with the petition.

    Finally, I did not get any RFE.

    Hi ssa,
    Thanks for your response.
    Its good to know that you were able to do a H1B Transfer
    even after entering US on Advance Parole.

    Followup questions:

    1. Is the I-94 # on your New H1B Approval same as the I-94 which you got
    when you entered US on Advance Parole?
    2. I am sure that your Attorney might have mentioned that last manner of
    Entry into US is "Paroled" when he filed for your H1B transfer.
    Please confirm this.
    3. Finally, did u get any RFE for your H1B Transfer?



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  • ilwaiting
    07-11 07:36 AM
    By this action USCIS is creating more confusion and dilemma among July 485 filers. Not sure what is going on, but atleast government should atleast be fair in some ways.

    More drama and confusion. Thats all I think.





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  • annsheila79
    04-21 07:15 AM
    Yes...it proves.


    thanks for agreeing with me :)



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  • raghuram
    05-08 11:31 AM
    I took from:
    Visitor Health Insurance, Pre-existing condition coverage, AIU (http://www..org/)

    They cover pre existing conditions and one consultation for pre existing condition.

    Routine expenses are never covered in any plan. What may be covered is unexpected emergency due to pre-existing conditions. That is, an acute onset of pre-existing conditions. Those are two different things.

    Anyway, 's is a fixed coverage plan, that has daily limits on each coverage and pays only a small portion of actual expenses, even for new conditions.





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  • i4u
    11-19 08:47 AM
    Anybody who has had a parent with diabetes and taken insurance? If there were any problems, did the insurance pay the costs? If possible can you also mention what problems came up during the stay.

    Thanks.



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  • rimzhim
    02-07 07:22 PM
    My understanding of SKILL for US MS is that it will not be counted against the cap. I don't see it saying that PD does not matter for US MS. What am I missing? Thanks.
    if you are not counted against cap, that is equivalent to visa available = PD current.





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  • JS2225
    09-02 05:16 PM
    Thanks.

    I have another question:

    If the PERM was filed in a different state should the person move to that state after GC approval? This is under the assumption that the person continues to work for the sponsor company.



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  • husker
    07-19 06:32 PM
    I am sorry, not a computer guy, but can mass mailing for funding alerts from IV be possible to "loyal customers only"? I am not sure I am giving the right idea/ thought. But what I am thinking is lets say this Administrative cost re-imbursment works, can we send to selected 1000- 2000 non-core member like anzerraja or khodalmd (for example) and ask them to send money? Like how these sticky works...just a solid click and send money sticky. Or I dont know ask everyone...see how many people come in and divide the money...it can be 100 or more.





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  • gc_bulgaria
    11-09 09:36 PM
    Using H1B makes one safe. but how many years we want to do the safe job. If I-485 gets denied do u have enough patiences to file another green card. One thing is believe is "We are here to make money, most of us are in our thirties and we have short time remaining to reach our goals. I think we all have one year EAD. wait for 6 months then go on job hopping, learn whatever you can, get into whatever you want. Start a business, do something.... Anything you do will help you in future. Sitting with H1B in pocket may take 4 years cream of your life.
    If you have the talent you can get great salaries anywhere in the world. Because of your talents and hard work you guys are here. World is not small.

    I will use EAD soon.
    :-)
    If something goes wrong, I move to Europe!



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  • GC_sufferer
    07-11 11:48 AM
    What is HLG?

    HLG has confirmed that the CIS is not returning I-485 Applications back to those who filed I-485 during the first week of July. This is leading many to speculate that the CIS may reverse course and re-re-amend the July Visa Bulletin; whether the Visa Bulletin actually reopens remains to be seen. HLG normally refrains from commenting on rumors, but we have talked to several Washington insiders and believe that this is seriously being considered.





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  • boreal
    03-13 12:03 PM
    Yes, I guess the slowdown will happen when it hits the 2005 mark when PERM was introducted and a lot of EB3 were converted into EB2

    I believe overall, in 2005 few LCs got certified compared to the previous years..so i am guessing the real slowdown will start from Dec 2005...



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  • abhijitp
    04-19 09:38 AM
    Dear Friends,

    Got Green cards and Welcome notices for me and my wife .
    Surprisingly no uscis e-mail and online status is still "initial review"

    Our journey in short :

    How long in US : 10+ years

    First Labor in 2002 . Changed job in three years before approval of labor
    Second Labor in 2004 . Approved in 2007
    Filed I140 and 485 - in July 2007

    Since then I was enjoying EAD / AP with no complain .

    I donate to IV now and then , but for some reason only once (for few days) got access to IV-Donor Forum . But always had a faith that IV is doing good work .
    From non-donor IV forums and other forums I noticed that USCIS are transferring leftover Visas to other EB categories . I waited to see some thing coming to EB3 but ......nothing came .
    My Lawyer told me that I can port to EB2 and it is a normal a process.

    1. New Perm
    a. Filed in Feb and approved in 10 days ( Prep work takes 3 to 4 months before filing )
    b. Requirement : 4 years Engineering + 5 years minimum experience

    2. EB2 I140 (TSC)
    a. Filed in March - Premium Processing
    b. My Lawyer sent interfiling letter along with I140 filing
    c. Approved in 7 days (A# and Priority Date retained)
    d. Same week got Green Cards and Welcome Notices:) - Super-fast Approval
    e. No email and no updates on USCIS website

    Not sure about the USCIS and Lawyer fees . My company paid for every thing.
    Hope every one get the desired freedom asap and don't have to wait like me for 10+ years

    Wish you all the best ......to everyone who is waiting for GC.


    Thanks,
    Jimytomy

    Congratulations, your hard work and patience have paid off!





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  • chanduv23
    03-20 02:24 PM
    Hey guys, thanks for the replies and the good advice, which helps a lot. It's true that prevailing wage for H1b and CG are different, so I don't think my employer is breaking the law...at least not yet. (Logiclife, what do you think? Wouldn't the attorney had told them that they are breaking the law?) It's just a hard reality check to realize that all the "we care about our employees" is just a smoke screen.

    They do care about employees. They just can't handle immigration and visa issues. It is too complicated for a lot of employees. For a lot of employers, the term H1b visa or sponsership gives "jitters".

    While a lot of employers look at things from their perspective, they do understand all issues that you face. It all depends on how important you are and if your absence would make a difference. If you are irreplacable, and employer thinks they must keep you at any cost, then they will do it, or you have to take care of yourself.





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  • StukAtBEC
    01-31 10:06 AM
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    little_willy
    03-03 10:51 AM
    After reading through all the posts at IV, I've decided to get the Atlas America Medical insurance for my parents. This is the only comprehensive insurance I could find and most others have limited coverage. The cost is around $900 for 3 months for a $500000 policy with $2500 deductible.

    Could members who had this insurance post their experience?
    Also, is there any other comprehensive plan available for visitors?





    chicago60607
    09-17 11:14 AM
    Finally one member is seated, I guess it is Mr.King



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