lfadgyas
01-13 09:42 AM
Assuming (but hope not) you will be laid off:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
No. First of all your employer will not cancel your H1b � i.e. as far as I know they do not have to report this. Of course as of your employment is terminated your H1B is useless since it is connected to the old employer. So in a simple way you can not use it for new employment (unless you find other employers willing to help you transfer your H1B � it is possible but probably hard to find one at this time, and I guess you need to initiate this while you are still employed�-not sure)
As far as your immigration status: since your i485 is pending you are not out of status. Unfortunately you are in an inconvenient status � if between jobs they ask for Employment verification or some other stuff and you can not proof that
i) you are working for your sponsoring company OR
ii) working for an other one (certain rules here see EAD/AC21 topics ) OR
iii) have an offer letter for some company who willing to employ you when you receive your CG
well, then you will have issues�
2) Can they cancel my approved i 140?
I believe: no they can not. They can of course report that there was some fraud and you misused them to get a GC and so on � and this case i140 will be revoked. But why would they do this? If this is a layoff situation they will not care about your h1b/labor certification � whatever. They �costsaving� and they let you go � any other thing will incur extra cost for them�
But before you go: try to get the approval letter from the company (and ALL other documents they might hold regarding your case, Copies etc.).
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?
Not sure � as I mentioned before you are not out of status (until your application is pending) so in theory you can be here without a job and use your savings till you run out cash or they will request some evidence about your employment�
So in practice you need to find a job as soon as you could. If you have valid EAD it should not be an (immigration) issue.
So here it is:
-Collect your immigration papers;
-Check your EAD exp date! If it is close (120days) try to renew it with your old company right know!
-Check your AP exp date if you have one and renew it while you are employed/ apply for one if you do not have it.
-Search for a job: make sure you go by the AC21 rules (need to be same or similar job etc ).
-If you are the primary applicant do not apply for unemployment benefits (Could be that you can and will receive some benefits � but somewhere I�ve seen this warning)
-If you move: report your new address!
1) If I get laid off and my employer cancels the h1b, Am i out of status?
No. First of all your employer will not cancel your H1b � i.e. as far as I know they do not have to report this. Of course as of your employment is terminated your H1B is useless since it is connected to the old employer. So in a simple way you can not use it for new employment (unless you find other employers willing to help you transfer your H1B � it is possible but probably hard to find one at this time, and I guess you need to initiate this while you are still employed�-not sure)
As far as your immigration status: since your i485 is pending you are not out of status. Unfortunately you are in an inconvenient status � if between jobs they ask for Employment verification or some other stuff and you can not proof that
i) you are working for your sponsoring company OR
ii) working for an other one (certain rules here see EAD/AC21 topics ) OR
iii) have an offer letter for some company who willing to employ you when you receive your CG
well, then you will have issues�
2) Can they cancel my approved i 140?
I believe: no they can not. They can of course report that there was some fraud and you misused them to get a GC and so on � and this case i140 will be revoked. But why would they do this? If this is a layoff situation they will not care about your h1b/labor certification � whatever. They �costsaving� and they let you go � any other thing will incur extra cost for them�
But before you go: try to get the approval letter from the company (and ALL other documents they might hold regarding your case, Copies etc.).
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?
Not sure � as I mentioned before you are not out of status (until your application is pending) so in theory you can be here without a job and use your savings till you run out cash or they will request some evidence about your employment�
So in practice you need to find a job as soon as you could. If you have valid EAD it should not be an (immigration) issue.
So here it is:
-Collect your immigration papers;
-Check your EAD exp date! If it is close (120days) try to renew it with your old company right know!
-Check your AP exp date if you have one and renew it while you are employed/ apply for one if you do not have it.
-Search for a job: make sure you go by the AC21 rules (need to be same or similar job etc ).
-If you are the primary applicant do not apply for unemployment benefits (Could be that you can and will receive some benefits � but somewhere I�ve seen this warning)
-If you move: report your new address!
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Guest007
02-12 02:07 PM
I was in same boat. And apparently there is nothing like I-94 extension according to my lawyer. So after your passport comes.. You go out of the country and come back for a new I-94. Or you apply for visa renewal. I had to apply for h1 extension anyway within 5 mos. So I applied for renewal. Hope this helps.
I have my visa valid till Dec 2008. But PP Expires on July 1st 2007. when I was entering US on Dec 30th 2007, They gave me I94 valid till july 1st 2007. So I have to extend my I94 once I will get my new passport for which i have already applied in Chicago. Does any one know, how many days it takes for passport renewal? I had sent my passport to chicago Indian consulate on jan 10th and still waiting.
I have my visa valid till Dec 2008. But PP Expires on July 1st 2007. when I was entering US on Dec 30th 2007, They gave me I94 valid till july 1st 2007. So I have to extend my I94 once I will get my new passport for which i have already applied in Chicago. Does any one know, how many days it takes for passport renewal? I had sent my passport to chicago Indian consulate on jan 10th and still waiting.
jnraajan
03-27 11:56 AM
I am celebrating the good news from IV by pledging $100 to IV. Any one care to up the ante on this?
My Receipt ID: 54118296K6578915K
My Receipt ID: 54118296K6578915K
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rbalaji5
02-09 04:12 PM
Hi Bojja,
Do I need a canadian visa to go to Canada.?.
Thnx.
Do I need a canadian visa to go to Canada.?.
Thnx.
more...
burnt
04-07 03:44 PM
Does it in any way affect my Naturalization Application?
gcformeornot
12-31 10:02 PM
Same here, september 11 notice date case transferred to TSC, EAD and AP recieved for self and spouse but no FP yet.
Some say it is not an issue, some say it can be an issue
but you never know with USCIS... anyways its more than 5 months...... that got me worried....
But I am little better now... see my signature.....
Some say it is not an issue, some say it can be an issue
but you never know with USCIS... anyways its more than 5 months...... that got me worried....
But I am little better now... see my signature.....
more...
sankap
07-06 06:31 PM
I'm not sure that the comment "once you use EAD, you cannot go back to H1B" is correct. True, once you use EAD, you don't have an H1 status, but I understood you could always go back to the H1 status (with a new filing/transfer). Any one has more info/reference?
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sujith1
07-30 12:41 PM
Same situation happened to me - My status shows as card production ordered while hers have no update.
The sad part is that I m continuing on H1 while she is working on her EAD and needs it approved soon
The sad part is that I m continuing on H1 while she is working on her EAD and needs it approved soon
more...
reddog
06-25 01:09 PM
Me and my group of friends have used this method and the photos look better than the Walgreen/CVS ones. And they are already on US passports/other stuff.
http://www.dpchallenge.com/tutorial.php?TUTORIAL_ID=22 Photoshop/GIMP required.
Another cheap place is Sams Club, if you dont have a digital camera(pun intended) they give 3 photos for 5 bucks.
http://www.dpchallenge.com/tutorial.php?TUTORIAL_ID=22 Photoshop/GIMP required.
Another cheap place is Sams Club, if you dont have a digital camera(pun intended) they give 3 photos for 5 bucks.
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kaisersose
07-27 02:37 PM
Hi All,
Has anybody used this Freedom of Information Act to obtain the information. I was going over the Form G-639 and it looks like they are asking for couple of information which I don't have and I am not sure if my employer will provide (Thats the sole reason why I want to use this act).The form is asking for the Alien Registration # and Petition #. I dont have them. Also for the information needed to search what needs to be mentioned if I need to get a copy of my Labour certification (Not sure If I could get that ) and my I-140 related documents say (Receipt Notice/Approval Notice). Any advise/input on this is highly appreciated.
Thanks.
You really do not need your labor certificate. You do not need the A# as it is optional. Leave it blank.
You however need to have the 140 petition number. Ask your employer for the number. Tel him you would like to have it for tracking purposes.
Has anybody used this Freedom of Information Act to obtain the information. I was going over the Form G-639 and it looks like they are asking for couple of information which I don't have and I am not sure if my employer will provide (Thats the sole reason why I want to use this act).The form is asking for the Alien Registration # and Petition #. I dont have them. Also for the information needed to search what needs to be mentioned if I need to get a copy of my Labour certification (Not sure If I could get that ) and my I-140 related documents say (Receipt Notice/Approval Notice). Any advise/input on this is highly appreciated.
Thanks.
You really do not need your labor certificate. You do not need the A# as it is optional. Leave it blank.
You however need to have the 140 petition number. Ask your employer for the number. Tel him you would like to have it for tracking purposes.
more...
Minnylolly
07-26 03:35 AM
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jcrajput
06-09 04:07 PM
Does anyone knows how is the visa stamping procedure in CANADA? Is it risky?
more...
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shahuja
02-06 09:06 PM
hello casinoroyal, singhv, stuckhere, statuslaw, bepositive..EVERYBODY..need help..
this is the email came from my lawyer today..for the inquiry they did with the consulate regarding my visa.
Hi Shweta,
We understand how frustrating this is for you. We received a response to our inquiry with the consulate. It seems the application is being kept pending for additional administrative processing. The stated reason for the review falls within the law under Section 221(g) of the Immigration and Nationality Act. Under these circumstances, we typically see that the government issues a notice to the applicant wherein additional information is often requested. Kindly advise if you have received any notification from the consulate on this issue.
Best regards,
IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???
also the same day i called DOS and they told me case was approved already in jan..so that means that now more processing needs to be done ??
ADVICE ??
this is the email came from my lawyer today..for the inquiry they did with the consulate regarding my visa.
Hi Shweta,
We understand how frustrating this is for you. We received a response to our inquiry with the consulate. It seems the application is being kept pending for additional administrative processing. The stated reason for the review falls within the law under Section 221(g) of the Immigration and Nationality Act. Under these circumstances, we typically see that the government issues a notice to the applicant wherein additional information is often requested. Kindly advise if you have received any notification from the consulate on this issue.
Best regards,
IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???
also the same day i called DOS and they told me case was approved already in jan..so that means that now more processing needs to be done ??
ADVICE ??
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fromnaija
12-12 02:20 PM
What if i leave it just like that?
That, my dear friend, is courting disaster at a later date and would be very unwise.
That, my dear friend, is courting disaster at a later date and would be very unwise.
more...
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amoljak
02-09 12:33 PM
Let's not forget that the reason Immigration Voices exists and the reason we are standing in the long line of immigration is exactly what David Brooks has outlined in the first few paragraphs.
If India and China were to blow by the US... why would we be here in the first place?
So instead of making an argument that you will be damned if you don't let us in (which is not entirely true), we should argue that US is a great country and a land of opportunities and we can help to make it even better...
If India and China were to blow by the US... why would we be here in the first place?
So instead of making an argument that you will be damned if you don't let us in (which is not entirely true), we should argue that US is a great country and a land of opportunities and we can help to make it even better...
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learning01
05-11 01:14 PM
http://cpr.org/listen/
and click any link under KCFR. Program going good.
and click any link under KCFR. Program going good.
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GCard_Dream
04-06 11:51 AM
I know some of you can answer this in your sleep. You guys are that knowledgable. Care to help?
I guess the only question that remains now is if I beat the clock and am able to file I-485 (assuming everything works out in EB2 case) before the current H1B expires, what would my status be until I receive my EAD. My understanding is that is takes few months for the EAD to be approved but the H1 has long expired. Are you in status or out of status then?
I guess the only question that remains now is if I beat the clock and am able to file I-485 (assuming everything works out in EB2 case) before the current H1B expires, what would my status be until I receive my EAD. My understanding is that is takes few months for the EAD to be approved but the H1 has long expired. Are you in status or out of status then?
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starving_dog
06-05 07:42 AM
Did anyone notice the change in the wording on I-485 adjustment of status? It used to say that it takes between 850 and 900 days to process this type of request. Now it just says that the will notify you when a decision has been made. This change was just made in the last week or two. Curious.
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andy garcia
08-23 07:00 AM
... 160 views until now and no one offered any help yet :o
please help :D
Hi GCanyMinute;
The PD only shows on the Approval Notice of the I140 . The I485 does not show any PD.
thanks
andy
please help :D
Hi GCanyMinute;
The PD only shows on the Approval Notice of the I140 . The I485 does not show any PD.
thanks
andy
itsmesabby
07-06 02:57 PM
Using AP does not change one's immigration status. It is just a travel document. You will continue to maintain your H1-B even if you use the AP to re-enter.
Using AP has no relation to using EAD. I have confirmed this with my attorney as well.
Using AP has no relation to using EAD. I have confirmed this with my attorney as well.
krishmunn
03-04 12:31 PM
do you know what is the cost of filing a LCA amendment, and is it necessary to take a copy of that LCA and hang it on the client notice board ????????
There is no cost to file a LCA unless you engage a lawyer. The LCA process seems to be pretty easy but again, it is something your employer should (and allowed to ) do, not you. One reason why employer might be avoiding filing a new LCA is if the new location has a higher wage requirement (eg. moving from mid-west to New York city) , the LCA should reflect that and they need to pay you accordingly.
There is no cost to file a LCA unless you engage a lawyer. The LCA process seems to be pretty easy but again, it is something your employer should (and allowed to ) do, not you. One reason why employer might be avoiding filing a new LCA is if the new location has a higher wage requirement (eg. moving from mid-west to New York city) , the LCA should reflect that and they need to pay you accordingly.
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