zamoo
09-13 11:48 PM
I have to admit that I'm a little less educated in these immigration things than a lot of others. So, some questions might be of very basic nature.
I have been with a company for almost 9 years now. It was a relatively small one (2000 people). A bigger company (20,000 people) bought that. And, an even bigger (70,000 people) one bought that !! In all this process, my H-1B and GreenCard applications have been well-cared for by the company attorneys/lawyers. My I485 was filed in July 2007 during the rush. I have EAD...it has been renewed once as well.
My PD is NOT current as of September VB.
Although I have EAD, I used my H-1B extension to enter US in 2008 as this H-1B is valid till Jun 2010.
Now, I see a possibility of getting laid-off due to the latest acquisition/merger.
In order to find a new job, I want to know what all things I should care about and/or worry about. I don't think if I get laid-off, the company will do anything nasty without talking to me or at least telling me. So, here is what I'm trying to find out :
00. Should I immediately hire a lawyer to care for my pending I485 case with USCIS ?
01. If laid-off, what documents should I ask from my company for my records ?
02. I have EAD. So, is it true that I can still live in US as long as I want/my case is in pending status even if I cannot land a job ? If not true, how much time do I have on my hands to wrap-up and leave ?
03. Do I HAVE TO find a new employer that will be willing to support my I485 case ? If so, what all things the new employer will need to do ? Or, can I join a company that is may not be willing to support a foreign national's GC process and handle the case myself ?
04. Is it ABSOLUTELY necessary to find a job that identical to what job I'm currenytly doing and my LC was certified for ?
05. If and when laid-off, can I do part-time jobs that are related to the field of my epertise but not same in nature as in my LC. For example : If I'm a Java programmer, can I teach at a training institute couple hours a day, 3-days a week ?
Any response will be very much appreciated...
Thanks&Regards
I have been with a company for almost 9 years now. It was a relatively small one (2000 people). A bigger company (20,000 people) bought that. And, an even bigger (70,000 people) one bought that !! In all this process, my H-1B and GreenCard applications have been well-cared for by the company attorneys/lawyers. My I485 was filed in July 2007 during the rush. I have EAD...it has been renewed once as well.
My PD is NOT current as of September VB.
Although I have EAD, I used my H-1B extension to enter US in 2008 as this H-1B is valid till Jun 2010.
Now, I see a possibility of getting laid-off due to the latest acquisition/merger.
In order to find a new job, I want to know what all things I should care about and/or worry about. I don't think if I get laid-off, the company will do anything nasty without talking to me or at least telling me. So, here is what I'm trying to find out :
00. Should I immediately hire a lawyer to care for my pending I485 case with USCIS ?
01. If laid-off, what documents should I ask from my company for my records ?
02. I have EAD. So, is it true that I can still live in US as long as I want/my case is in pending status even if I cannot land a job ? If not true, how much time do I have on my hands to wrap-up and leave ?
03. Do I HAVE TO find a new employer that will be willing to support my I485 case ? If so, what all things the new employer will need to do ? Or, can I join a company that is may not be willing to support a foreign national's GC process and handle the case myself ?
04. Is it ABSOLUTELY necessary to find a job that identical to what job I'm currenytly doing and my LC was certified for ?
05. If and when laid-off, can I do part-time jobs that are related to the field of my epertise but not same in nature as in my LC. For example : If I'm a Java programmer, can I teach at a training institute couple hours a day, 3-days a week ?
Any response will be very much appreciated...
Thanks&Regards
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belmontboy
09-10 05:55 PM
Hello gurus,
I woked with Company A and got my I140 approved(PD sep 04 EB2). I had issue with Company A that they asked me wait to apply my I485 in july 2007 wave. I frustrated and moved to Company B and substitued another labor(PD May-2002 EB3), got theI140 approval and 485 is pending from july 2007. In the Meantime, Company A withdrawn my approved EB2 I140 petition couple of months ago to protect one of their employee I140 petition.
Currently i believe the situvation is not good for EB3 and planned to enable my "Company A" I140 petition to apply for I485. Will USCIS allow company A to enable the withrdrawn I140 petition to apply my I485? Your help would be greatly appreciated.
Regards
Natan
No, unless the withdrawl was in error from your company.
I woked with Company A and got my I140 approved(PD sep 04 EB2). I had issue with Company A that they asked me wait to apply my I485 in july 2007 wave. I frustrated and moved to Company B and substitued another labor(PD May-2002 EB3), got theI140 approval and 485 is pending from july 2007. In the Meantime, Company A withdrawn my approved EB2 I140 petition couple of months ago to protect one of their employee I140 petition.
Currently i believe the situvation is not good for EB3 and planned to enable my "Company A" I140 petition to apply for I485. Will USCIS allow company A to enable the withrdrawn I140 petition to apply my I485? Your help would be greatly appreciated.
Regards
Natan
No, unless the withdrawl was in error from your company.
macho
09-05 07:46 PM
Hi,
I am writing here for the first time.
My checks got encashed only for EAD/AP.
I filed concurrently I140/485 and PD is 2006.
Can some one tell if this is normal?
Thanks
I am writing here for the first time.
My checks got encashed only for EAD/AP.
I filed concurrently I140/485 and PD is 2006.
Can some one tell if this is normal?
Thanks
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wandmaker
01-01 07:07 PM
H1B LUDs may be due to PIMS data collection, I heard most of the H1Bs approved after Jan 2004 had LUDs and the status did not change; and 140 could be a regular system touch.
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javadeveloper
07-24 10:41 AM
Hi ,
I was working for company A and got my labor and I-140 approved and then i changed to company B. My priority date is jan 2005. Is there any way that i can continue my green card process with company A. WOuld be of great help if somone can tell me if there is any way to do it.
company A can continue your GC process while you working for company B,Talk to company A about this.I guess company A asks you to join their company , for that you need to apply H1 transfer from B to A.It's not a big problem talk to company A first.Good Luck
I was working for company A and got my labor and I-140 approved and then i changed to company B. My priority date is jan 2005. Is there any way that i can continue my green card process with company A. WOuld be of great help if somone can tell me if there is any way to do it.
company A can continue your GC process while you working for company B,Talk to company A about this.I guess company A asks you to join their company , for that you need to apply H1 transfer from B to A.It's not a big problem talk to company A first.Good Luck
pramodirt
12-06 11:07 AM
My employer sent the documents for my H1b extension today to USCIS and they applied it through premium process, can anyone please let me know how many days it will take to get the Receipt notice both in Email and hardcopy?
My H1b expires on Dec 15th 2010 and if I wont get my receipt notice by than can I stay in US legally or should I have to leave US?
Please let me know your suggestion.
H1b extension Receipt Notice issue time in PP
My H1b expires on Dec 15th 2010 and if I wont get my receipt notice by than can I stay in US legally or should I have to leave US?
Please let me know your suggestion.
H1b extension Receipt Notice issue time in PP
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mikoo
03-26 08:56 PM
so, far only one person has sent a pm to me.
if, there are anymore persons affected by retrogression please do email /pm me asap.
if, there are anymore persons affected by retrogression please do email /pm me asap.
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kaisersose
07-30 05:19 PM
Hello
I am working on a L1 B Blanket Visa since the past 3 years. My visa is expiring on 11/18/08 and my employer encourages me to apply for a fresh petition from India rather than apply for an extension here due to the no. of cases denied. My wife is presently employed through EAD which expires the same date.
Is there any way that she can retain her employment while we both get our VISA stamped a month before my current VISA expiry date from India ? She might not get 2 months leave without pay which is the usual processing time for a re-extension of EAD considering we both arrive in US after getting a new VISA in the first week of November 2008. Please advise.
I don't see the gain. Although a fresh L petition has better chance of approval, you still have to get a visa approved, which may get rejected.
Given your wife's situation of EAD, you are better off applying for an extension here. They will not reject an application as long it meets all the requirements.
I am working on a L1 B Blanket Visa since the past 3 years. My visa is expiring on 11/18/08 and my employer encourages me to apply for a fresh petition from India rather than apply for an extension here due to the no. of cases denied. My wife is presently employed through EAD which expires the same date.
Is there any way that she can retain her employment while we both get our VISA stamped a month before my current VISA expiry date from India ? She might not get 2 months leave without pay which is the usual processing time for a re-extension of EAD considering we both arrive in US after getting a new VISA in the first week of November 2008. Please advise.
I don't see the gain. Although a fresh L petition has better chance of approval, you still have to get a visa approved, which may get rejected.
Given your wife's situation of EAD, you are better off applying for an extension here. They will not reject an application as long it meets all the requirements.
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mkumar
04-20 07:54 PM
thank you
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sapking
07-31 08:20 PM
Have you talked to your attorney? They will guide you.
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ksircar
06-24 09:58 PM
If I-140 is approved and priority date is current is it possible to keep on extending H1B for couple of years without applying for I-485? I am asking this quetion because my employer is not allowing me to apply for I-485 as my I-140 is pending. It looks like he want to use me for couple of years on H1b.
Better do not trust your employer, it may turn out to be an infinite loop. Try to convince your employer by all means to file for I485. You never know what your employer really means by "couple of years".
Better do not trust your employer, it may turn out to be an infinite loop. Try to convince your employer by all means to file for I485. You never know what your employer really means by "couple of years".
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Cheran
02-15 11:42 AM
Unless you have some specific reason, you will face tough question if you go to any other country. If it is Mexico or Canada, they are neighbouring countries and you have a point to argue.
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llcooljin
12-09 08:30 PM
My situation:
1. My six year limit on my H-1B expires Jan 2008
2. My Priority Date is Jan 06 under EB3 category
3. My I-140 was approved on Sep 06
4. Currently waiting on my Priority Date to become current so that I-485 can be applied.
What are my options as far as changing employers? Do I have any options?
1. My six year limit on my H-1B expires Jan 2008
2. My Priority Date is Jan 06 under EB3 category
3. My I-140 was approved on Sep 06
4. Currently waiting on my Priority Date to become current so that I-485 can be applied.
What are my options as far as changing employers? Do I have any options?
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aadimanav
08-06 03:50 PM
I have heard/read that the person should work with GC sponsoring company for at least 6 months after RECEIVING the GC. Is that true?
This is 6 months after RECEIVING the GC and not just filing the 485 - Correct?
This is 6 months after RECEIVING the GC and not just filing the 485 - Correct?
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axp817
06-14 08:02 PM
I believe the maximum time frame for an MTR is close to 6 months, but a lot of times it gets resolved sooner, with intervention from other agencies/groups.
You should look at this thread, and get in touch with IV (I believe you can do that via that thread), they might (read will) be able to help.
http://immigrationvoice.org/forum/showthread.php?p=350511&posted=1#post350511
Good luck.
You should look at this thread, and get in touch with IV (I believe you can do that via that thread), they might (read will) be able to help.
http://immigrationvoice.org/forum/showthread.php?p=350511&posted=1#post350511
Good luck.
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ciab
09-05 10:57 PM
i could use a flash footer.
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neeidd
08-31 06:15 PM
bump
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raysaikat
11-13 09:55 AM
I am working as a biomedical research fellow on a J1 visa for the last 3 years in a non-profit research institute but they cannot sponsor my H1B. I am planning to get a J1 waiver and apply for H1B as I plan to work in the private industry. I am not sure whether I can apply for H1B without an employment offer? I would appreciate any suggestions.
You can never apply for H1-B. Your employer has to petition H1-B on your behalf. So obviously you need to find an employer first with an opening (i.e., you need to find a job first).
You can never apply for H1-B. Your employer has to petition H1-B on your behalf. So obviously you need to find an employer first with an opening (i.e., you need to find a job first).
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pd_recapturing
06-17 09:17 PM
Hi guys, I have a unique situation, thanks to july visa bulletin. I have a EB3 labor and I 140 approved with the PD as May 2004. Recently I applied EB2 PERM in order to port the PD from EB3 to EB2. My EB2 perm is approved now. Now, I am in dilemma to choose between EB2 and EB3. I can apply EB2 I 140 and I 485 concurrently (by assuming that they will port the PD) or I can apply I485 (for previously approved EB3). Please suggest as to what route I should take.
snedle
06-17 07:03 PM
Doc will give you Sealed & stamped envlope with copy for you. You need to take this envlope and give to your attorney, who will file your case along will your other forms
~Kipper~
04-17 07:11 PM
and it means to "paint/draw" so it has huge relevance to kirupa.com.
ealier posted by djn
ealier posted by djn
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