newbee7
04-12 02:48 PM
If I were you, I would send a letter with the facts. I do not see a downside to this. On the upside, if the employer decides to settle you could potentially get some of your money back.
wallpaper lt;free fun birthday e cardsgt;
jthomas
05-18 11:15 AM
Thanks for more information
1. I guess you don't have a H1B visa
2. You never had a EAD card. because you need your W2 verified by USCIS
3. Once you leave company 1 employer-employee relation does not exist. So you can never apply for EAD.
you are a fake guy. you just wanted one more anti-immigrant to answer this post by the way you think and start opposing us.
Thanks
J thomas
Hey
Thanks for responding to my question.Many thanks
Here is the Sequence of events :
Joined company 1
<>Labor filed in Nov 2005 under EB2 and approved
<>-I-140 Approved somewhere Aug 06
<> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
<>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
<>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
<> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP
My Q's are
<> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
<> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
<> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
<> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.
I just dont know know with all this EB2 retrogression what is the best plan of action.
MANY Thanks Again
Sam
1. I guess you don't have a H1B visa
2. You never had a EAD card. because you need your W2 verified by USCIS
3. Once you leave company 1 employer-employee relation does not exist. So you can never apply for EAD.
you are a fake guy. you just wanted one more anti-immigrant to answer this post by the way you think and start opposing us.
Thanks
J thomas
Hey
Thanks for responding to my question.Many thanks
Here is the Sequence of events :
Joined company 1
<>Labor filed in Nov 2005 under EB2 and approved
<>-I-140 Approved somewhere Aug 06
<> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
<>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
<>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
<> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP
My Q's are
<> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
<> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
<> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
<> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.
I just dont know know with all this EB2 retrogression what is the best plan of action.
MANY Thanks Again
Sam
brij523
12-28 07:43 AM
Hi Paskal,
I have the ppt file ready. Can you PM me your e-mail address so that I can send you the file.
Thanks
I have the ppt file ready. Can you PM me your e-mail address so that I can send you the file.
Thanks
2011 free free funny birthday card
akkakarla
08-17 06:53 PM
One thing that stands out from US vs Europe(UK included) is that it is very difficult to blend into the main stream. Especially in UK where it is divided into Zones. These zones say that you belong to that community and that race.
Secondly, the number of IT jobs are comparatively less in UK and Europe and some places you need to know the language ex. Working with SAP AG or in SAP AG you need to know Deutsche otherwise you feel you are lost.
Thirdly, there is difference in the way the Operations are done, Process and procedures followed.
As the proverb goes The other side of the wall is always green. We cannot say UK is good or Germany is good unless we experienced. And also just one person becomes successful everyone cannot. One thing I can say for sure If anyone has MBA from top notch schools they can go to the top of the ladder easily in London Financial Industries.
Einen sch�nen Tag noch!
Secondly, the number of IT jobs are comparatively less in UK and Europe and some places you need to know the language ex. Working with SAP AG or in SAP AG you need to know Deutsche otherwise you feel you are lost.
Thirdly, there is difference in the way the Operations are done, Process and procedures followed.
As the proverb goes The other side of the wall is always green. We cannot say UK is good or Germany is good unless we experienced. And also just one person becomes successful everyone cannot. One thing I can say for sure If anyone has MBA from top notch schools they can go to the top of the ladder easily in London Financial Industries.
Einen sch�nen Tag noch!
more...
stuckinmuck
05-30 01:27 PM
Have written to my Immigration Coordinator who will confirm with the company lawyer if this rule applies to 'pending' I-140 approvals or will 'filed' and 'approved' I-140 (prior to May-15-07) be safe.
Will let you know his response.
__________________________________________
Contribution so far: $1000
Webfaxes sent to all Senators
Emails sent to Senators, Representatives, Reporters
Will let you know his response.
__________________________________________
Contribution so far: $1000
Webfaxes sent to all Senators
Emails sent to Senators, Representatives, Reporters
noone2day78
02-10 04:32 PM
Hi all,
I have received my EAD in oct 07 and my AP last month, with my spouse being primary applicant. Currently I am on h1b, however, I have a better offer at hand thro another employer who does not sponsor h1b. I was searching for posts on comparing h1b vs ead..but could not locate one.
Could someone enlighten me on this issue as to what wld be common issues that are raised if one switches to ead (other than the possibility of being out of status). I am presuming that if my spouse stays on h1b I can switch to h4 status if required?
Please advice..I need to make a decision this weekend!!
Thanks
San
I have received my EAD in oct 07 and my AP last month, with my spouse being primary applicant. Currently I am on h1b, however, I have a better offer at hand thro another employer who does not sponsor h1b. I was searching for posts on comparing h1b vs ead..but could not locate one.
Could someone enlighten me on this issue as to what wld be common issues that are raised if one switches to ead (other than the possibility of being out of status). I am presuming that if my spouse stays on h1b I can switch to h4 status if required?
Please advice..I need to make a decision this weekend!!
Thanks
San
more...
Rune
August 27th, 2004, 01:12 AM
Here in Europe the biggest problem is ATMs that has been modified. The most simple modification is a simple loop inserted into the slot that tries to fool its victims into believing the machine ate their card. In addition a helpful person will appear and tell the victim that there's a secret code to be keyed in (999 + personal pin code) to make the machine spit out the card again...
Then they upped the stakes a bit. Today's con-person installs a small card reader at the ATM's slot. In addition there's a small camera (here's the relevant bit) that take pictures as people enter their code. This has been used and such equipment has even been recovered in atleast one case.
As for someone looking over your shoulder in the store, and perhaps even snapping a picture of it... Well, lets just say you don't want to leave your card out of sight. Don't assume your card is worthless plastic in someone else's hands.
We card users are basically using yesterday's (actually: last decade's/century's) technology to access our money while the countless villains out there are armed with today's technology. We're sitting ducks.
The card companies are reluctant to tell us this, but eventually as they roll out new technology (smart cards with bio-signatures) it will become blatantly apparent to everyone. Here in Norway they're scheduled to do this over the next year I think.
Then they upped the stakes a bit. Today's con-person installs a small card reader at the ATM's slot. In addition there's a small camera (here's the relevant bit) that take pictures as people enter their code. This has been used and such equipment has even been recovered in atleast one case.
As for someone looking over your shoulder in the store, and perhaps even snapping a picture of it... Well, lets just say you don't want to leave your card out of sight. Don't assume your card is worthless plastic in someone else's hands.
We card users are basically using yesterday's (actually: last decade's/century's) technology to access our money while the countless villains out there are armed with today's technology. We're sitting ducks.
The card companies are reluctant to tell us this, but eventually as they roll out new technology (smart cards with bio-signatures) it will become blatantly apparent to everyone. Here in Norway they're scheduled to do this over the next year I think.
2010 irthday ecardsquot;photo
atul555
12-15 09:52 PM
Atul555:
Cool down. Nothing to be warried. Since you are married, 485 is not of much help. So you should think of maintaining h1b in order to keep your wife status h4.
1. With cool mind start applying for jobs, increase network. To be on safer side. find a good consultant. Ping me if you need help in finding a good consulatant. Yes when say good consualtant..he is good...!!!!
you still have 4 months time. SO cheer up.
My 2 cents..don't think of using EAD & keeping u r wife on foloow to join blah blah....!!!!
Also if you change your job , your GC journey you had so far will not get wasted. You don't have to file Labour/i-40 again. Make sure the new job is same or similiar. Discuss with your potential employer, they will help you.
Whats your area of work..??Are you into IT...????
Thanks everyone, your input has been very helpful.
I am assuming, my EB3 India PD of Mar 2004 would take about two years to become current and once it does, I can file my spouse as dependent and attain EAD for both of us.
Till then based on your inputs I believe I have two recourse.
1> I transfer my H1 and keep the spouse on H4. AC21 would apply in that case and my GC process would continue unabated.
2> I go on EAD and put my wife on F1 to maitain legal status.
Here are the caveats with each.
With no 1 approach there would be very few jobs for H1-b next year and I would probably have to be at the mercy of some unscrouplous desi consultant.
With no 2 approach, I have more choices in job but I have to get my wife on F1 which would be a drain on finances as well as time consuming for the spouse.
I guess either way I have to tough it out for a couple of years and I was leaning towards no. 1.
BTW, tabletpc, thanks for your suggestion, I am in IT (J2EE websphere) background with considerable experience. I would appreciate any input for a good consultant.
Cool down. Nothing to be warried. Since you are married, 485 is not of much help. So you should think of maintaining h1b in order to keep your wife status h4.
1. With cool mind start applying for jobs, increase network. To be on safer side. find a good consultant. Ping me if you need help in finding a good consulatant. Yes when say good consualtant..he is good...!!!!
you still have 4 months time. SO cheer up.
My 2 cents..don't think of using EAD & keeping u r wife on foloow to join blah blah....!!!!
Also if you change your job , your GC journey you had so far will not get wasted. You don't have to file Labour/i-40 again. Make sure the new job is same or similiar. Discuss with your potential employer, they will help you.
Whats your area of work..??Are you into IT...????
Thanks everyone, your input has been very helpful.
I am assuming, my EB3 India PD of Mar 2004 would take about two years to become current and once it does, I can file my spouse as dependent and attain EAD for both of us.
Till then based on your inputs I believe I have two recourse.
1> I transfer my H1 and keep the spouse on H4. AC21 would apply in that case and my GC process would continue unabated.
2> I go on EAD and put my wife on F1 to maitain legal status.
Here are the caveats with each.
With no 1 approach there would be very few jobs for H1-b next year and I would probably have to be at the mercy of some unscrouplous desi consultant.
With no 2 approach, I have more choices in job but I have to get my wife on F1 which would be a drain on finances as well as time consuming for the spouse.
I guess either way I have to tough it out for a couple of years and I was leaning towards no. 1.
BTW, tabletpc, thanks for your suggestion, I am in IT (J2EE websphere) background with considerable experience. I would appreciate any input for a good consultant.
more...
nk2006
12-07 02:40 PM
Friends,
I apoligizeif I was posting this message in the wrong section.
I'm on H1B and filed my 140/485 concurrently in Aug 2007. Can I do ONLINE MBA with out affecting GC process?
Yes.
I think you can take classes (online or even regular in-class) as long as you maintian your primary H1B status - i.e. continue to work with the employer on the specified job/number of hours etc.
(note: I am not a lawyer)
I apoligizeif I was posting this message in the wrong section.
I'm on H1B and filed my 140/485 concurrently in Aug 2007. Can I do ONLINE MBA with out affecting GC process?
Yes.
I think you can take classes (online or even regular in-class) as long as you maintian your primary H1B status - i.e. continue to work with the employer on the specified job/number of hours etc.
(note: I am not a lawyer)
hair searchquot;irthday ecard free
PD_Dec2002
08-05 11:04 PM
I came to know about my interview from the embassy web site and they send us pakage 4 also. Then we informed them by mail asking to postpond for 3 month. They confirmed the same. I am in India embassy is in New Delhi
Jeny: I believe you are referring to an interview for Consular Processing; not Adjustment of Status, correct?
Thanks,
Jayant
Jeny: I believe you are referring to an interview for Consular Processing; not Adjustment of Status, correct?
Thanks,
Jayant
more...
acecupid
06-25 11:29 AM
You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.
Elaine,
Thanks for your response. I am very curious to know if you have been successful in responding to an RFE in the manner you mentioned and USCIS accepted the agrument and continued with AOS for any of your clients. I understand that given the circumstances the OP does not have much of an option since he does not have a job right now. But it would be interesting to know if USCIS has accepted such an argument in the past.
Elaine,
Thanks for your response. I am very curious to know if you have been successful in responding to an RFE in the manner you mentioned and USCIS accepted the agrument and continued with AOS for any of your clients. I understand that given the circumstances the OP does not have much of an option since he does not have a job right now. But it would be interesting to know if USCIS has accepted such an argument in the past.
hot free funny birthday cards to
gc_check
02-11 12:14 PM
Thanks for the updates. There seems to be something happening at the least. Hopefully some thing works out to get the mess cleared.
more...
house free adult funny birthday card
sumagiri
02-25 03:08 PM
USCIS can pre-adjudicate a case, even when visa numbers are not available. This means that USCIS processes all the application, but just waits for a visa number to finalize it.
Pre-adjudication. That would be really good. According to latest processing times, NSC shows July 30th 2007 for 485. So does that mean that cases before that are either adjudicated/pre-adjudicated or atleast there is an RFE?
Is there any one who confirmed that their case is pre-adjudicated @ NSC. ?
Pre-adjudication. That would be really good. According to latest processing times, NSC shows July 30th 2007 for 485. So does that mean that cases before that are either adjudicated/pre-adjudicated or atleast there is an RFE?
Is there any one who confirmed that their case is pre-adjudicated @ NSC. ?
tattoo Birthday E-cards gt; Hipster
kevnss
03-26 02:33 PM
Any one has any updates/suggestions on my issue posted above?
more...
pictures free funny birthday ecards
coolmanasip
03-22 10:54 AM
It should be safe to travel for both of you.....
I am exactly in the same situation.....EB2, I40 approved, PD June 2006, and filed 485 in the july 2007 mess... I changed my job immediately after 6 months passed in March 2008....I have not informed USCIS about job change (AC21)......and my port of entry was Washington DC (IAD) airport......
I have travellled twice using the AP, once in April 2008 and once in December 2009.....went through typical two step exit process from immigration......first time, I was asked who do I work for ---- I told the name of the new company and said I used to work for XX compnay (filing company).....no follow up questions or documents were asked for.....second time no questions at all.....
Both times, I got a feel from what they were checking is that all they check is whether your I-485 is pending or not in their system......
hope this helps...
Thanks....
I am exactly in the same situation.....EB2, I40 approved, PD June 2006, and filed 485 in the july 2007 mess... I changed my job immediately after 6 months passed in March 2008....I have not informed USCIS about job change (AC21)......and my port of entry was Washington DC (IAD) airport......
I have travellled twice using the AP, once in April 2008 and once in December 2009.....went through typical two step exit process from immigration......first time, I was asked who do I work for ---- I told the name of the new company and said I used to work for XX compnay (filing company).....no follow up questions or documents were asked for.....second time no questions at all.....
Both times, I got a feel from what they were checking is that all they check is whether your I-485 is pending or not in their system......
hope this helps...
Thanks....
dresses maxine irthday e cardsquot;
Kevin Sadler
June 6th, 2005, 05:00 AM
It's hard to tell in this particular photo but it looks like the majority of the frame is either shadow or dark green. The metering systems in these cameras tries to make everything "gray", or make really dark things lighter, or really light things darker. It works most of the time where there is a good mix of tones. However in this case since the majority of the frame is dark it may be trying to bring it up and as a result blow out some of the flower petals that are on the edge of the bright side.
You can check the meter on your camera very easily by doing a poor man's spot meter.
1. Get close enough to the yellow plant so that the flower fills the entire frame in your viewfinder. Press the shutter halfway down and note the meter reading. If your lens won't focus that close don't worry about it, you just need the aperture and shutter speed numbers.
2. Check your manual to find out how to use Exposure Lock. At this point, lock the exposure, move back, compose the image the way you want, and take the picture with the metering from #1. If everything is working, your flowers should be exposed correctly but all of those shadows in the back will probably be black with no detail.
I found a photo from cox on this forum that has a similar light condition. This guy is a master at it. http://www.dphoto.us/forumphotos/showphoto.php/photo/25275/cat/887
Let us know how it works out!
Good Luck, Kevin
You can check the meter on your camera very easily by doing a poor man's spot meter.
1. Get close enough to the yellow plant so that the flower fills the entire frame in your viewfinder. Press the shutter halfway down and note the meter reading. If your lens won't focus that close don't worry about it, you just need the aperture and shutter speed numbers.
2. Check your manual to find out how to use Exposure Lock. At this point, lock the exposure, move back, compose the image the way you want, and take the picture with the metering from #1. If everything is working, your flowers should be exposed correctly but all of those shadows in the back will probably be black with no detail.
I found a photo from cox on this forum that has a similar light condition. This guy is a master at it. http://www.dphoto.us/forumphotos/showphoto.php/photo/25275/cat/887
Let us know how it works out!
Good Luck, Kevin
more...
makeup and funny birthday cards
nomorelogins
11-08 06:10 PM
check page 114 ( 132/145 ) of http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf
girlfriend top free funny birthday e
iman.karta
11-07 11:30 AM
Letstalklc,
Thanks! Good luck with yours too.
No, my application is not filed by Fragoman.
Apparently, there are some fellow in my law firms, who got audited before September 2007 (mine is November 2007), and they havent been approved. So apparently, it is more random than FIFO.
It really sucks.
Thanks! Good luck with yours too.
No, my application is not filed by Fragoman.
Apparently, there are some fellow in my law firms, who got audited before September 2007 (mine is November 2007), and they havent been approved. So apparently, it is more random than FIFO.
It really sucks.
hairstyles top free funny birthday e
theperm
07-13 02:29 PM
Guys....suits will have ppl swooning over coz of the heat....pure white won`t look as crisp. Business casual outfits (Crisp shirts & pants with formal shoes)for both guys & gals will beat the summer heat look professional will send the message across. & a Big bottle of water for sure !!!
-my 2 cents
-my 2 cents
Vet04
12-08 11:53 AM
I have been in USA Since 2003.
I started the GC process in 2004, started the process again, recaptured old PD. Was hoping to get GC this year when my PD was current for 2 months. Hope will get it this year.
After moving I saw lots of engineer,mostly software, seemed happy with jobs. Started doing some search and found that this is one of the least stressful jobs in US with great salary and growth potential. Thanks for the views guys, would like to know if can do MS with a bachelors in non engineering field.
I started the GC process in 2004, started the process again, recaptured old PD. Was hoping to get GC this year when my PD was current for 2 months. Hope will get it this year.
After moving I saw lots of engineer,mostly software, seemed happy with jobs. Started doing some search and found that this is one of the least stressful jobs in US with great salary and growth potential. Thanks for the views guys, would like to know if can do MS with a bachelors in non engineering field.
hopein07
02-09 10:26 AM
http://timesofindia.indiatimes.com/Breaking_news_Indian_docs_lose_case_against_Britis h_govt/articleshow/1586856.cms
Anybody thinking of trying a lawsuit in US should better think again. It's of NO USE. It will only aggravate the average Americans and you will lose whatever little support we have from moderates. Lawsuit will yeild nothing.
We must try Gandhian approach of appealing to their innate sense of justice.
Only President bush can do something if somehow he can be convinced.
MIXED OUTCOME, WIN ONE PART, LOSE OTHER PART:
From NDTV : http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070032358&ch=11/9/2007%209:16:00%20PM
Indian doctors on HSMP visas wishing to train or work in Britain won a major court ruling in their favour on Friday.
Judges have decided that employers will now have to treat Indian doctors on par with doctors from Europe.
The court case revolved around a challenge to a health ministry guidance that would have compelled prospective employers such as hospitals to discriminate against non-European candidates, first by establishing that their skills were not found in Europe and then, if selected, to apply for work permits for them.
However, in a unanimous ruling, three judges of the Appeals Court called the ministry guidance ''illegal'', sparking instant celebrations among campaigners of the British Association of Physicians of Indian Origin (BAPIO) on Diwali day.
''This is a great ruling. We are absolutely ecstatic, and feel exuberant,'' BAPIO's Dr Sheethal Mathew said.
''Our doctors from India, Pakistan or Sri Lanka will now be able to compete with European doctors on an equal footing. Employers cannot discriminate against us now,'' he said.
The ruling is expected to immediately benefit some 10-15,000 doctors of South Asian origin, who are living in Britain and have been eagerly awaiting the outcome of the case.
However, the campaigners lost a second challenge - against the British government's abrupt changes to the Highly Skilled Migrant Programme (HSMP) last year. BAPIO challenged the changes on the grounds that their members were not consulted.
But Mathew said BAPIO will not take any further legal action.
''About 5,000 doctors were affected by the changes, and they have left already because they knew they had no choice.''
The British government introduced the HSMP scheme in 2002, offering workers such as accountants, doctors and scientists the right to settle down and work in Britain. Some 49,000 people took up the offer.
But the changes ostensibly to guard against 'abuse' of the system meant that those who had already come in on HSMP visas were faced with sudden restrictions in the job market.
Their employers would have to prove that the qualifications and skills that these candidates possessed were not available among European and British candidates. And if these non-Europeans were hired, the employers would have to apply for work permits.
Anthony Robinson, a solicitor for BAPIO said: ''As is widely acknowledged, the NHS has for many years relied upon the contribution of doctors from overseas, and in particular the Indian sub-continent, in order to provide a quality service in times of shortage of British doctors.
''Now that more British graduates are coming through, the Department of Health is trying to get round the rights of HSMP doctors who have already made Britain their home because it failed to plan ahead,''he added.
The next round of hiring by the state-sector National Health Service (NHS) is expected in January-February, 2008.
Anybody thinking of trying a lawsuit in US should better think again. It's of NO USE. It will only aggravate the average Americans and you will lose whatever little support we have from moderates. Lawsuit will yeild nothing.
We must try Gandhian approach of appealing to their innate sense of justice.
Only President bush can do something if somehow he can be convinced.
MIXED OUTCOME, WIN ONE PART, LOSE OTHER PART:
From NDTV : http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070032358&ch=11/9/2007%209:16:00%20PM
Indian doctors on HSMP visas wishing to train or work in Britain won a major court ruling in their favour on Friday.
Judges have decided that employers will now have to treat Indian doctors on par with doctors from Europe.
The court case revolved around a challenge to a health ministry guidance that would have compelled prospective employers such as hospitals to discriminate against non-European candidates, first by establishing that their skills were not found in Europe and then, if selected, to apply for work permits for them.
However, in a unanimous ruling, three judges of the Appeals Court called the ministry guidance ''illegal'', sparking instant celebrations among campaigners of the British Association of Physicians of Indian Origin (BAPIO) on Diwali day.
''This is a great ruling. We are absolutely ecstatic, and feel exuberant,'' BAPIO's Dr Sheethal Mathew said.
''Our doctors from India, Pakistan or Sri Lanka will now be able to compete with European doctors on an equal footing. Employers cannot discriminate against us now,'' he said.
The ruling is expected to immediately benefit some 10-15,000 doctors of South Asian origin, who are living in Britain and have been eagerly awaiting the outcome of the case.
However, the campaigners lost a second challenge - against the British government's abrupt changes to the Highly Skilled Migrant Programme (HSMP) last year. BAPIO challenged the changes on the grounds that their members were not consulted.
But Mathew said BAPIO will not take any further legal action.
''About 5,000 doctors were affected by the changes, and they have left already because they knew they had no choice.''
The British government introduced the HSMP scheme in 2002, offering workers such as accountants, doctors and scientists the right to settle down and work in Britain. Some 49,000 people took up the offer.
But the changes ostensibly to guard against 'abuse' of the system meant that those who had already come in on HSMP visas were faced with sudden restrictions in the job market.
Their employers would have to prove that the qualifications and skills that these candidates possessed were not available among European and British candidates. And if these non-Europeans were hired, the employers would have to apply for work permits.
Anthony Robinson, a solicitor for BAPIO said: ''As is widely acknowledged, the NHS has for many years relied upon the contribution of doctors from overseas, and in particular the Indian sub-continent, in order to provide a quality service in times of shortage of British doctors.
''Now that more British graduates are coming through, the Department of Health is trying to get round the rights of HSMP doctors who have already made Britain their home because it failed to plan ahead,''he added.
The next round of hiring by the state-sector National Health Service (NHS) is expected in January-February, 2008.
No comments:
Post a Comment