WeShallOvercome
09-11 01:03 PM
I filed for 485 in July without EAD and AP document since my H1B is valid for another 2 years. In a month's time the most unfortunate thing happened. The company that sponsored my H1B/Green Card just got acquired. It is anticipated that as a result several people will get laid off including me. I have yet to recieve the reciept notice for 485. What happens when something like this happens 180 days before? What are my options if I were to get laid off?
1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.
Stay calm!!!
It's already about 2 months since you filed your AOS application.
Now you THINK that you might be laid off - Are you sure ?
But in any case, it's good to be prepared for the worst.
Apply for EAD/AP without wasting a minute (Just include your Fedex receipt or proof of delivery with your application and include a bright colored paper in your application and write the following on it:
Attn: Mail room
This I-765 application is in connection with the I-485 application filed on xx/xx/xxxx the receipt for which has not been received. The details of the I-485 application are:
Lastname
Firstname
DoB
Country
EB category
PD
"
After you have done that, Find a new employer and get your H1 transfer process started. It does not have to be approved for you to start working for the new employer, it just needs to be filed. But keep working for the current employer as long as possible.
If you are laid off, talk to the HR and make sure they keep your I-140 alive for atleast until 6 months have passed.
Even if you are laid off before 6 months, you'll be fine if your I-485 is not adjudicated within 6 months(it WILL NOT happen)..
You don't need to be on constant payroll after filing your AOS. Just that sometimes they send an RFE asking for recent paystubs, Which is not likley to happen in your case. A few weeks break is fine..What is your PD btw?
1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.
Stay calm!!!
It's already about 2 months since you filed your AOS application.
Now you THINK that you might be laid off - Are you sure ?
But in any case, it's good to be prepared for the worst.
Apply for EAD/AP without wasting a minute (Just include your Fedex receipt or proof of delivery with your application and include a bright colored paper in your application and write the following on it:
Attn: Mail room
This I-765 application is in connection with the I-485 application filed on xx/xx/xxxx the receipt for which has not been received. The details of the I-485 application are:
Lastname
Firstname
DoB
Country
EB category
PD
"
After you have done that, Find a new employer and get your H1 transfer process started. It does not have to be approved for you to start working for the new employer, it just needs to be filed. But keep working for the current employer as long as possible.
If you are laid off, talk to the HR and make sure they keep your I-140 alive for atleast until 6 months have passed.
Even if you are laid off before 6 months, you'll be fine if your I-485 is not adjudicated within 6 months(it WILL NOT happen)..
You don't need to be on constant payroll after filing your AOS. Just that sometimes they send an RFE asking for recent paystubs, Which is not likley to happen in your case. A few weeks break is fine..What is your PD btw?
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gcdreamer05
12-12 11:36 AM
Prashanthi was there on chat for 30 min and as no one turned up to ask questions she left. She will be available for chat every Thursday at 9.30 PM EST.
Oh no missed it, i will surely be online next thursday to talk to the attorney.
Oh no missed it, i will surely be online next thursday to talk to the attorney.
paskal
02-14 08:38 PM
WD is right that this is a model for groups with specific issues within iv. it is not possible for iv leaders to maintain focus on every issue in the realm of this warped system. as an organization it is only appropriate for iv to focus on the big overarching goal of ending retrogression to benefit all.
however specific groups do have a way to take initiative for their issues within the iv framework. it is necessary though to find leaders, take initiative and build your own momentum with continuous efforts.
iv-physicians is a model for this and it's hopefully continued and eventual success will inspire others.
however specific groups do have a way to take initiative for their issues within the iv framework. it is necessary though to find leaders, take initiative and build your own momentum with continuous efforts.
iv-physicians is a model for this and it's hopefully continued and eventual success will inspire others.
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GC_Geek
10-01 05:52 PM
I already pllued all of my paperwork from attorney.
You must have at least a copy of all your filing paperwork from Labor Filing till today. This is required when you are filing anything new or responding any RFE, you sould match each and everything on the USCIS records when you are submitting any new paper work as a part of RFE/new application etc.
So, better have a copy of all paprework before..
I dont intend to change my employer/lawyer but just got all original approvals and copy of each and every paperwork from my attorney till date about my GC.. just to be safe..
I can pull out my G28 and be on my own at any time, but still save my ongoing pending petitions..
You must have at least a copy of all your filing paperwork from Labor Filing till today. This is required when you are filing anything new or responding any RFE, you sould match each and everything on the USCIS records when you are submitting any new paper work as a part of RFE/new application etc.
So, better have a copy of all paprework before..
I dont intend to change my employer/lawyer but just got all original approvals and copy of each and every paperwork from my attorney till date about my GC.. just to be safe..
I can pull out my G28 and be on my own at any time, but still save my ongoing pending petitions..
more...
eb3India
04-08 10:50 AM
Tell him that this is NOT India or any other country where they can do 10 things to get votes. I heard this from one guy who is on EAD and thinks something will happen in the election year. purely ludacris..
it means you don't have any experience in US politics, your relative is right election year is going to play some rule in immigration politics, democrats are pitching of hispanic votes they will try to do everything possible to get their vote, but main concern here is American public are against increase in any form of immigration. so odds are itz going to be counter productive for us as our case always depends on illegals.
so your relative is right but itz better for you to change job and get along with your life, if they laws are changed for better you can start your GC with new company and get it without losing lot of time, if not atleast your going to make good money
it means you don't have any experience in US politics, your relative is right election year is going to play some rule in immigration politics, democrats are pitching of hispanic votes they will try to do everything possible to get their vote, but main concern here is American public are against increase in any form of immigration. so odds are itz going to be counter productive for us as our case always depends on illegals.
so your relative is right but itz better for you to change job and get along with your life, if they laws are changed for better you can start your GC with new company and get it without losing lot of time, if not atleast your going to make good money
vin13
03-13 12:51 PM
FBI Arrests DC Official (http://blogs.abcnews.com/politicalpunch/2009/03/fbi-arrests-dc.html)
Comments of people in this blog; perhaps they think of non-immigrant the same way people think of Mutant in X-men.
Some Contracting IT companies are giving a bad name to the whole H1-B process. Again, I am saying "SOME" not all.
Comments of people in this blog; perhaps they think of non-immigrant the same way people think of Mutant in X-men.
Some Contracting IT companies are giving a bad name to the whole H1-B process. Again, I am saying "SOME" not all.
more...
chanduv23
01-25 02:43 PM
This is still on. Singhsa3 will be there. Please attend this
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pappu
05-28 03:11 PM
I think this is system account which go and read blogs from different sites. No body reads your comment. Please donot waste time on those system automated message.
You can post comments.
We are trying to pull helpful blog comments from Lawyers in one place for our members. Members can then discuss those issues, updates etc on these threads.
You can post comments.
We are trying to pull helpful blog comments from Lawyers in one place for our members. Members can then discuss those issues, updates etc on these threads.
more...
chanukya
10-01 05:49 PM
Same kind of comments by Hillary were slammed as racist comments, after which she had to re-tract or explain what she meant.
This is a kind of Type Casting all Indian-Americans as working for or owning 7/11 or Dun-kin Donuts, some people cannot see beyond that, as they are the day-to-day interactions they have with Indian-Americans....Remember we are still not Indian-Americans, we are still Indians only, but some are aspiring to be...
In politics, especially Election Season, anything you say will be portrayed as wrong by somebody....(bi-product of freedom of speech)....we 7/11 and Dunk-in Donut guys know well about this from our Indian Politics...Feeling kind of in India only, no difference, as far as politics is concerned, our guys have mastered this art of politics, may be US should outsource this also, they might be already doing this, we do not know.
So do not shoot the messenger....
This is a kind of Type Casting all Indian-Americans as working for or owning 7/11 or Dun-kin Donuts, some people cannot see beyond that, as they are the day-to-day interactions they have with Indian-Americans....Remember we are still not Indian-Americans, we are still Indians only, but some are aspiring to be...
In politics, especially Election Season, anything you say will be portrayed as wrong by somebody....(bi-product of freedom of speech)....we 7/11 and Dunk-in Donut guys know well about this from our Indian Politics...Feeling kind of in India only, no difference, as far as politics is concerned, our guys have mastered this art of politics, may be US should outsource this also, they might be already doing this, we do not know.
So do not shoot the messenger....
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Yeldarb
05-29 08:55 PM
www.barbdwyer.com/profiles/DHSMaroon13 - a simple PHP based AOL Instant Messenger subProfile that I threw together :)
You can view it in its original state by looking at my profile (SN: DHSMaroon13)
You can view it in its original state by looking at my profile (SN: DHSMaroon13)
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sweet_jungle
12-29 09:52 PM
3 year h1 extension requires I140 to be approved plus non-current priority dates. You can get a copy of the approval from your attorney
I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
An actual case would be helpful.
I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
An actual case would be helpful.
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pappu
05-15 10:41 AM
A few IV(I+We)'ans from several state chapters across the US have been working really hard to gather support for our bills to recapture EB visa numbers, eliminate per country caps and exempt STEM graduates from GC Quota. We have started a funding drive of 50,000$ to support lobbying efforts of these bills 25 days ago. So far we have raised 16256$ with the help of 167 members. We still need 33,744$ to reach our goal.From time to time IV'ans have come together and have made miracles happen. We have achieved Reversal of the July Visa Bulletin and succeeded in obtaining a few Admin Fixes ..
Can we come together and raise the remainder of 33,744$?
Yes we can and we will
Let's do it again IV(I+We)'ans
Click "Contribute Now (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44)" and make a donation.
Want to donate an alternate amount not listed on the contributions page?. Login to paypal and send in your desired amount to donations@immigrationvoice.org
Let's do it..Cheers
Please Click here for a list of members who have contributed so far (http://immigrationvoice.org/forum/showpost.php?p=248292&postcount=6)
Great post. Thanks
Pls contribute
Can we come together and raise the remainder of 33,744$?
Yes we can and we will
Let's do it again IV(I+We)'ans
Click "Contribute Now (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44)" and make a donation.
Want to donate an alternate amount not listed on the contributions page?. Login to paypal and send in your desired amount to donations@immigrationvoice.org
Let's do it..Cheers
Please Click here for a list of members who have contributed so far (http://immigrationvoice.org/forum/showpost.php?p=248292&postcount=6)
Great post. Thanks
Pls contribute
more...
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RNGC
02-11 03:40 PM
It worked before...I had uploaded in the NY/NJ yahoo user group. Did someone delete it from there ? Not sure. Anoone know of free sites where I can upload the files ?
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gcnirvana
06-18 05:06 PM
Here is my situation:
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
Yes It applies to new employer as well.
Here is my timeline
on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4
EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
Yes It applies to new employer as well.
Here is my timeline
on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4
EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.
more...
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perm2gc
11-15 11:31 PM
Hello Experts,
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
Dont about worry about your wife now..I140 is yours and you can file it...when you file I485..you attorney will guide you..
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
Dont about worry about your wife now..I140 is yours and you can file it...when you file I485..you attorney will guide you..
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Krishanpal
07-22 07:25 AM
I guess NSC is much faster than other centres. I am not sure if they have more staff than others.
more...
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glus
07-17 04:46 PM
Guys,
August visa bulletin does not look good, but see point D which states that I485 in in JULY will be accepted.
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdraw
http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3269.html:D
August visa bulletin does not look good, but see point D which states that I485 in in JULY will be accepted.
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdraw
http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3269.html:D
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Green.Tech
08-03 12:10 PM
Lisap - The GC approval will depend on your Priority Date. The more recent your PD, the longer it can take for GC. In any case, I think it's a safe option to get your H-1 extended unless you want to take the risk to wait for your EAD.
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gcfriend65
01-19 07:44 AM
Mine was filed on May 01, 2006 EB-2 and I am still waiting. I has been close to 9 months now. I also logged in an enquiry 35 days ago, but still no reply. Worried as what to do. Do, I convert to Premium?
eb3_nepa
08-02 11:54 AM
I am wondering if there is a potential issue for the applications filed between July 3rd to july 17th. This is the period when everything was in limbo. Is there any disadvantage for these folks?
So far I haven't seen anyone getting checks cashed or recipted in this period. We do see July 2nd notices comming in.
I had my 485 application received at NSC on July 3rd. And now we are hearing that they may transfer cases to TSC if I-140 was approved from there. Another delay! This wait is getting me restless.
Yeah so far only TWO notices though. I am seriously beginning to wonder if filers between July 2 - July 17 are actually going to be penalized coz NOTHING in USCIS is ever "FIFO".
So far I haven't seen anyone getting checks cashed or recipted in this period. We do see July 2nd notices comming in.
I had my 485 application received at NSC on July 3rd. And now we are hearing that they may transfer cases to TSC if I-140 was approved from there. Another delay! This wait is getting me restless.
Yeah so far only TWO notices though. I am seriously beginning to wonder if filers between July 2 - July 17 are actually going to be penalized coz NOTHING in USCIS is ever "FIFO".
vegasbaby
10-04 12:14 AM
Would greatly appreciate some advice regarding my fiancee.
She is currently in the US on a B1-B2 Tourist/Business visa. This is her fifth visa and has visited the US a total of 10 times over the past 5 years, spending 1-5 months each time. She has NEVER had a problem on arrival at the airport, never been called into the room for questioning, etc.
We are planning on getting married, but we need to make a trip to her home country for my work in the next few weeks for about a month. We were planning on waiting till 30 days after our return to marry and then to apply for her I-130/I-485 after that.
We just had a consultation with an immigration lawyer who recommended that she does NOT leave the country, and that we should get married ASAP and apply for the I-130/I-485 now, wait 2-3 months and make our trip then. The lawyer thought that there was a possibility that she might not be admitted the next time she comes in if the border agent has even the tiniest suspicion that she is entering to get married.
Although her previous B1-B2 visas were renewed each year without an interview, this year she was called in and they asked her some questions. She mentioned that she was doing some work for me in China, and that she would be staying with me in the US. She also put me down as her financial guarantee in the US.
I understand the basics of dual intent, and would not want to compromise her ability to enter the country.
Of course no one can know for sure, but would be grateful for some experienced advice about this. What are her chances of being refused entry when she returns? (Her visa is valid for one year, so it would be on the same visa she arrived here on this summer.) Would it be better if she arrived on a different flight than me? Or even better if she arrived on a flight to another city rather than the one where we live?
Any suggestions or advice would be greatly appreciated. Thank you.
I have to agree with the attorney here...B1/B2s visa are not much of a gain to USCIS. The beneficiary is not paying any taxes while in US. So there is every possibility of rejection/denial at POE. Best would be getting married while in US..The attorney's would have much more control if COS was done from US. Most attorney's would not be of much help when consular processing is involved.
She is currently in the US on a B1-B2 Tourist/Business visa. This is her fifth visa and has visited the US a total of 10 times over the past 5 years, spending 1-5 months each time. She has NEVER had a problem on arrival at the airport, never been called into the room for questioning, etc.
We are planning on getting married, but we need to make a trip to her home country for my work in the next few weeks for about a month. We were planning on waiting till 30 days after our return to marry and then to apply for her I-130/I-485 after that.
We just had a consultation with an immigration lawyer who recommended that she does NOT leave the country, and that we should get married ASAP and apply for the I-130/I-485 now, wait 2-3 months and make our trip then. The lawyer thought that there was a possibility that she might not be admitted the next time she comes in if the border agent has even the tiniest suspicion that she is entering to get married.
Although her previous B1-B2 visas were renewed each year without an interview, this year she was called in and they asked her some questions. She mentioned that she was doing some work for me in China, and that she would be staying with me in the US. She also put me down as her financial guarantee in the US.
I understand the basics of dual intent, and would not want to compromise her ability to enter the country.
Of course no one can know for sure, but would be grateful for some experienced advice about this. What are her chances of being refused entry when she returns? (Her visa is valid for one year, so it would be on the same visa she arrived here on this summer.) Would it be better if she arrived on a different flight than me? Or even better if she arrived on a flight to another city rather than the one where we live?
Any suggestions or advice would be greatly appreciated. Thank you.
I have to agree with the attorney here...B1/B2s visa are not much of a gain to USCIS. The beneficiary is not paying any taxes while in US. So there is every possibility of rejection/denial at POE. Best would be getting married while in US..The attorney's would have much more control if COS was done from US. Most attorney's would not be of much help when consular processing is involved.
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