The Service is waiting for VISA availability." So called helpline again and was able to get to 2nd Level IO. She said that this statement is a mistake and that Visas are still available. However she said that I might be required to do FP again. : Contacted local congressman and asked help for following up. Latest status: Still waiting, not sure what other action I can take. I have heard similar things from employers about hiring people on H-1B.Īre you just assuming or have you actually tried to find out if there is indeed some law which allows employers to not consider a candidate solely based on the fact that he/she has an EAD as opposed to a green card? I can certainly understand that you don't want to get involved in a lawsuit and pay lawyer fees when you can easily find another job. But its not that difficult to contact OSC.
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Having said that, I do understand that the employer can find a number of reasons to not hire somebody and all that would be legal. But here we have a case where you have 5 companies who have refused to consider you solely based on your immigration status. Somebody earlier has this in writing from Capital One. I urge you and anybody else who has gone through this to find out more about this by calling the OSC's hotline.
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() If I were in your situation, I would at least want to find out what my rights are, what is discriminatory and what is allowed by law. Call them and simply explain that you believe that you were not considered eligible for a job because you have an EAD card as opposed to a Green Card. Yes, I am aware about this but in my case I do not have any written or tape recorded evidence. In other guy's case at least he have written proof (Capital One) and that can be the base. Now many companies are doing this so it is ofcourse my assumption that they can do this under "Hire and fire" authority. And main problem is that, when you are out for a job, you do not stop thinking to takle particular one "no", you want to just move haead and fix your job first. There is nothing wrong in reporting fraud.
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However your argument that you are reporting it since you cannot tolerate fraud isn't that convincing. If you were always against injustice/lawlessness, you will see a lot of it in your daily life. Do you report or take action against each of those ? I don't think so.Īfter living in India for long and seeing people put up with all injustice and sometimes doing it themselves, it is hard to believe your argument that you are doing it just for the sake of law.