Ennada
01-13 10:21 AM
Hello Immi Gurus,
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
2) Can they cancel my approved i 140?
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Thanks so much for all your help, Thanks ...
I was in the same boat in 2009. I got laid off in Feb without a job for 4 months and found a job in June. Had no problems from USCIS, no RFEs. My H1 was revoked. My employer said that they won't revoke 140 and is not required for them to do so. I used my EAD in my new job. And one fine day in Sept got my GC. It was a roller coaster ride that ended well. I hope and wish you get a job soon and GC soon too.
In my opinion, you are OK. My understanding is that the rule says that you need to have a job at the time of adjudication of your GC.
Good Luck.
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
2) Can they cancel my approved i 140?
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Thanks so much for all your help, Thanks ...
I was in the same boat in 2009. I got laid off in Feb without a job for 4 months and found a job in June. Had no problems from USCIS, no RFEs. My H1 was revoked. My employer said that they won't revoke 140 and is not required for them to do so. I used my EAD in my new job. And one fine day in Sept got my GC. It was a roller coaster ride that ended well. I hope and wish you get a job soon and GC soon too.
In my opinion, you are OK. My understanding is that the rule says that you need to have a job at the time of adjudication of your GC.
Good Luck.
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speddi
10-04 10:05 AM
finally found someone who is interested from Alabama..I am in Birmingham, Alabama.
indianindian2006
07-24 03:41 PM
Hi,
My situation is as follows:
1) approved RIR labor 2002
2) approved perm labor 2005
3) approved i-140 2006 (PD 2005)
4) ALL of above for company-A. 2006 company-B took over.
My lawyer said i cannot file and have to start again with new labor as merger/acquistion was 'asset only' type.
I want to self-file i-485 giving the company "name change" letter as the only proof along with the rest of regular documents. Company-B employer is in 100% support of my application.
SHOULD I just waste $$$$ money or take a chance ? PLEASE HELP...TIRED OF WAITING FOR LAST 5 years :(
Regards,
-Ravi
I was wondering if you file for perm with company B and then at the time of 140 try to get the 2002 date of the RIR which is approved,if that can happen then you may be fine.I can be wrong in this.
My situation is as follows:
1) approved RIR labor 2002
2) approved perm labor 2005
3) approved i-140 2006 (PD 2005)
4) ALL of above for company-A. 2006 company-B took over.
My lawyer said i cannot file and have to start again with new labor as merger/acquistion was 'asset only' type.
I want to self-file i-485 giving the company "name change" letter as the only proof along with the rest of regular documents. Company-B employer is in 100% support of my application.
SHOULD I just waste $$$$ money or take a chance ? PLEASE HELP...TIRED OF WAITING FOR LAST 5 years :(
Regards,
-Ravi
I was wondering if you file for perm with company B and then at the time of 140 try to get the 2002 date of the RIR which is approved,if that can happen then you may be fine.I can be wrong in this.
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immigrationvoice1
03-20 11:54 AM
I entered US through Logan on Dec 12th, 2007 and got i94 till Nov 2010.
When I applied for SSN at Norwood SSN office, they told me that the immigration dept have to cross verify my visa details and confirm them back which is still not done. Without SSN, Payroll is not generated. I have to return back to India in next 1 week. Can someone let me know the contact info of immigration people. Is this common thing to happen or i need to fight it out Any input will be appreciated. Thanks
I was in the same situation and was told by the SSN office person ( a very helpful guy) to re-apply and enter my address as of the SSN office address and he kept my cell number. He said he will call me as soon as the number arrives and then again when the actual card arrives. He called me on both occasions and I got my number in 2 days and the card in less than a month !
I was very grateful for the help and advice the SSN office person provided me at that time.
When I applied for SSN at Norwood SSN office, they told me that the immigration dept have to cross verify my visa details and confirm them back which is still not done. Without SSN, Payroll is not generated. I have to return back to India in next 1 week. Can someone let me know the contact info of immigration people. Is this common thing to happen or i need to fight it out Any input will be appreciated. Thanks
I was in the same situation and was told by the SSN office person ( a very helpful guy) to re-apply and enter my address as of the SSN office address and he kept my cell number. He said he will call me as soon as the number arrives and then again when the actual card arrives. He called me on both occasions and I got my number in 2 days and the card in less than a month !
I was very grateful for the help and advice the SSN office person provided me at that time.
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ramus
06-27 02:33 PM
I heard people who has I-140 approved after June 2006 got A# assigned. I have my 140 approved in 02/2006 but don't have A# assigned.
iwantgc
05-08 10:47 AM
Hello all and Pappu, thank you all for your response. I will take Pappu's advice as far as what to discuss with them plus my family's concern, my husband who had to be away from me for straight two years has returned to US and been hopeful to get a work permit through my GC process.
I am planning to return a call to the office of congressat 12 noon mountain time, im in Nebraska. I will keep in touch with IV core members after then.
I am planning to return a call to the office of congressat 12 noon mountain time, im in Nebraska. I will keep in touch with IV core members after then.
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immilaw
09-27 09:00 AM
Hello,
I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...
Ask the lawyer to give you a copy of the RFE.
I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...
Ask the lawyer to give you a copy of the RFE.
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deecha
08-06 11:15 AM
My i-140 premium processing application was filed on the 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.
I think you should resend the packet in with proof of prior mailing.
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.
I think you should resend the packet in with proof of prior mailing.
more...
new2gc
06-24 04:05 PM
to take appointment that close to the arrival date. What if your flight cancelled or delayed?
I know it will eat up at least 3 days of our vacation if we have to travel from hometown to these cities, but I feel we have to factor in while planing our vacation.
What is the best way to send the documents to the emabassy? I asked because I live in Ahmedabad and I am planning to go for stamping the very next day I arrive in India.
Thanks for your help.
jignesh
I know it will eat up at least 3 days of our vacation if we have to travel from hometown to these cities, but I feel we have to factor in while planing our vacation.
What is the best way to send the documents to the emabassy? I asked because I live in Ahmedabad and I am planning to go for stamping the very next day I arrive in India.
Thanks for your help.
jignesh
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vin13
05-19 10:57 AM
How come Mexican president doing Illegal immigration stuff. Indian PM can at least talk about waiting people, family reunion and backlogs.
I can understand where you coming from.. Mera Bharath Mahan
But I cant but differ from your views. Indian Prime Minister is not so great as you think. He is only a puppet in Dynasty tantras
Look i am not trying to say "mera bharat Mahan". All i am saying is tell me why should the Indian PM work to get us the Green Card. If you feel the Indian PM is incompetent, that is not related to immigration. Even if there was a competent PM, why should he/she work to get our Green Card? Tell me how India gains by you or me becoming US Citizens. Please don't tell population reduction for India. Give some substantial benefit for India.
Mexico is a bordering country and has a different kind of trade and agreements. It is not the same for other countries like India and China.
I can understand where you coming from.. Mera Bharath Mahan
But I cant but differ from your views. Indian Prime Minister is not so great as you think. He is only a puppet in Dynasty tantras
Look i am not trying to say "mera bharat Mahan". All i am saying is tell me why should the Indian PM work to get us the Green Card. If you feel the Indian PM is incompetent, that is not related to immigration. Even if there was a competent PM, why should he/she work to get our Green Card? Tell me how India gains by you or me becoming US Citizens. Please don't tell population reduction for India. Give some substantial benefit for India.
Mexico is a bordering country and has a different kind of trade and agreements. It is not the same for other countries like India and China.
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nutakksa
08-20 07:38 PM
Did any body received FP notices from TSC recently. Looks like TSC has become slow for TSC direct fillings.
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GCforever1
09-15 01:08 PM
wow !!! freedom when your wife is in India ....go to strip bar and have fun:) you need to enjoy
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
more...
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pjalan
04-01 03:08 PM
I spoke to one lawyer and he said I can respond to I-140 RFE myself if I know wht it is about.
If USCIS allows one to port I-1485 and approvable I-140 I am not sure what is all this mess about?
Can't I myself respond to the RFE?
If USCIS allows one to port I-1485 and approvable I-140 I am not sure what is all this mess about?
Can't I myself respond to the RFE?
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rogerdepena
07-18 01:25 PM
It's a free country and everyone, including Lou Dobbs have a right to voice their opinion - boycotts will not serve any purpose.
If you feel so passionately about it, here's what I suggest. Create a blog/website and every single day after his program, post an article pointing out factual inaccuracies in Lou's reports and views. If you don't want to watch the program, then CNN publishes a transcript a couple of hours later - follow that.
It's hard work but believe me - do it consistently and do it well and you will see that it will work.
Best of luck and post the address of your site/blog here should you decide to do it.
blogging is not a problem. i'll try to make one at eblog. ill post the link when im ready. i would also like to ask others to pm me Lou Dobbs-related issues so that i can look at it and write an article about it.
If you feel so passionately about it, here's what I suggest. Create a blog/website and every single day after his program, post an article pointing out factual inaccuracies in Lou's reports and views. If you don't want to watch the program, then CNN publishes a transcript a couple of hours later - follow that.
It's hard work but believe me - do it consistently and do it well and you will see that it will work.
Best of luck and post the address of your site/blog here should you decide to do it.
blogging is not a problem. i'll try to make one at eblog. ill post the link when im ready. i would also like to ask others to pm me Lou Dobbs-related issues so that i can look at it and write an article about it.
more...
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JunRN
11-05 08:26 PM
I guess one option is "follow-to-join". Go back to home country and apply for follow to join.
But you should not miss that period when your PD becomes current. It usually takes one whole month for PD being current so I don't see a reason why they cannot file in time.
But you should not miss that period when your PD becomes current. It usually takes one whole month for PD being current so I don't see a reason why they cannot file in time.
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Munshi75
08-08 06:47 PM
include options for all the people in the EB-3. Are you trying to discrimiate recent applicants? I am one of them with 2006 PD.
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ladyliberty
09-23 11:23 PM
Hi!
Much like many in this forum, my husband and I are stuck in this retrogression mess. I have spent 3 years on H4 and 3 more in H1. I am told now that I will not be able to work until my husband's greencard process has moved beyond the 485 stage. Our lawyer is suggesting that I can extend my H1 by 3 years by making a good faith argument to the USCIS that I have not utilized the full 6 years in H1 time and a secondary arguement that my husband has an approved 140 petition that can allow extension of H time. I will really appreciate any opinions from the forum members and from people who may tried this before. Please respond!
Much like many in this forum, my husband and I are stuck in this retrogression mess. I have spent 3 years on H4 and 3 more in H1. I am told now that I will not be able to work until my husband's greencard process has moved beyond the 485 stage. Our lawyer is suggesting that I can extend my H1 by 3 years by making a good faith argument to the USCIS that I have not utilized the full 6 years in H1 time and a secondary arguement that my husband has an approved 140 petition that can allow extension of H time. I will really appreciate any opinions from the forum members and from people who may tried this before. Please respond!
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Robert Kumar
01-03 08:51 AM
SEVIS applies to F, M and J nonimmigrant students irrespective of undergraduate or graduate studies. I don't think Robert Kumar should consider F1, because he already has AOS pending status and not considered a nonimmigrant student anymore. Its no different than a permanent resident applying for a F1 visa. BTW, I took more than 18 credits in year 2010 @ resident tuition rate with my I-485 receipt, and received federal student loan as an eligible non-citizen with my AP stamp on passport. From what I heard on this forum, some universities are reluctant in considering AOS for resident tuition rate, but one can get help from the justice department in such cases. Here in Arizona all state universities accept AOS as equivalent status of a permanent resident.
All,
Thank you.
So are you saying I can join school, not get paid by employer during full time study of MBA and still maintain status. And will not face any problem in my 485 approval.
And that I dont need to change to F1 status. I really dont need aid. I'm ok with paying my tuition, as long as my status is maintained.
My EB3 will take some more time.
All,
Thank you.
So are you saying I can join school, not get paid by employer during full time study of MBA and still maintain status. And will not face any problem in my 485 approval.
And that I dont need to change to F1 status. I really dont need aid. I'm ok with paying my tuition, as long as my status is maintained.
My EB3 will take some more time.
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cal97
08-15 08:01 PM
I am in the same boat. Filed I-485 with an EB2 approved I-140 P.D June 2004. DBEC approved my EB3 LC with PD 2001.
This is what I know can be done:
1. File I-140 and I-485 for the older LC. USCIS may later ask you to withdraw
one case.
2. File for a new I-140 for the older LC, wait for it to be approved and then
file for substitution of I-140. Then the EB2 will get the older PD. This is the
I-140 porting process that my attorney explained to me.
3. File for I-140 and after approval file for CP.
I have opted for the last option. My attorney has filed for my EB3 I-140 and asked for CP. Since I-140 approvals are taking so long and with no PP I do not expect anything for a year more atleast. Again, you have an option to port the I-140 to EB2 if you do not want to go through the CP route after the older PD I-140 is approved.
Hope this helps.
HI!
I have approved EB-2/I-140(PD October'2005) & also approved labor(EB-3)(PD October'2003). I have filed for I-485 last month. According to my lawyer, he has asked USCIS to port EB-3 priority date to EB-2 (by giving required documents+ letters +forms etc). Will USCIS approve this porting?
Regards,
USA2007
This is what I know can be done:
1. File I-140 and I-485 for the older LC. USCIS may later ask you to withdraw
one case.
2. File for a new I-140 for the older LC, wait for it to be approved and then
file for substitution of I-140. Then the EB2 will get the older PD. This is the
I-140 porting process that my attorney explained to me.
3. File for I-140 and after approval file for CP.
I have opted for the last option. My attorney has filed for my EB3 I-140 and asked for CP. Since I-140 approvals are taking so long and with no PP I do not expect anything for a year more atleast. Again, you have an option to port the I-140 to EB2 if you do not want to go through the CP route after the older PD I-140 is approved.
Hope this helps.
HI!
I have approved EB-2/I-140(PD October'2005) & also approved labor(EB-3)(PD October'2003). I have filed for I-485 last month. According to my lawyer, he has asked USCIS to port EB-3 priority date to EB-2 (by giving required documents+ letters +forms etc). Will USCIS approve this porting?
Regards,
USA2007
gc_chahiye
11-02 10:54 AM
Schedule A workers first get GCs from EB3 quota and when they finsih that, they take the recapture numbers. When there is no recapture rule, they are treated as other regular EB3s.
exactly! this is almost a disaster for EB folks, most people dont realize that: they think the queue is getting smaller. The queue will remain the same, the chance (& amount) of recapture that might happen for regular EB folks is getting reduced. One recapture was alreayd done for Nurses back in 2005-06. This is the second one. One or two more such recaptures, and there will nothing for US to recapture.
exactly! this is almost a disaster for EB folks, most people dont realize that: they think the queue is getting smaller. The queue will remain the same, the chance (& amount) of recapture that might happen for regular EB folks is getting reduced. One recapture was alreayd done for Nurses back in 2005-06. This is the second one. One or two more such recaptures, and there will nothing for US to recapture.
Kapils573
10-07 03:07 PM
I had a OHIO driver's license for last 5 yrs and moved as a consultant. I worked in Memphis,Texas and PA. I did not change my OHIO license in Memphis and Texas as the duration of the projects were short. Finally I did change to PA drivers license. When I did change to PA driver's license ,I took with me my apartment lease copy, Telephone bill, H1B-I797 and OHIO driver's license.
I was able to change it to PA driver's license. Maybe if u show more supporting documents , or go to another license bureau in Maryland they will change the license for u
Hope that helps
Kapil
I was able to change it to PA driver's license. Maybe if u show more supporting documents , or go to another license bureau in Maryland they will change the license for u
Hope that helps
Kapil
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