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?
wallpaper wallpaper love you more than
ksircar
01-18 07:36 PM
My 140 receipt date is July 11, still no word from NSC, neither RFE nor approval.
kroy1976
04-14 08:05 AM
Yes, your reply is exactly same as her. But she added one more point. According to her The CBP officer can't deport a AP bearer. He/she has to parole the person and then can schedule a secondary check for I 140 validity. In such case my attorney can pitch in.
But I am not sure if this is true or she is being over assuring.
Thanks a lot
But I am not sure if this is true or she is being over assuring.
Thanks a lot
2011 love you more than funny
pinky001
09-18 03:51 AM
I am planning to attend an Visa interview, at present I am on H4 status.
My case is: Gor H4 in sept 2006 - April 2008, and got stamping
Later got H1 from Oct 2007 to oct 2010, and got stamping
Present Got H4 from sept 2009 to may 2011 and no stamping yet and hence planning to go for stamping
Question 1) But when I am selcting the appontment date it ask's for a question
" Are you applying for same visa class that expired in the last 12 months?" so In my case would it be yes or no?
2) Does H4 and H1 come under same Visa Class?
please reply ASAP, As I am planning to schedule an appt immediately
I am planning to attend an Visa interview, at present I am on H4 status.
My case is: Gor H4 in sept 2006 - April 2008, and got stamping
Later got H1 from Oct 2007 to oct 2010, and got stamping
Present Got H4 from sept 2009 to may 2011 and no stamping yet and hence planning to go for stamping
Question 1) But when I am selcting the appontment date it ask's for a question
" Are you applying for same visa class that expired in the last 12 months?" so In my case would it be yes or no?
2) Does H4 and H1 come under same Visa Class?
please reply ASAP, As I am planning to schedule an appt immediately
My case is: Gor H4 in sept 2006 - April 2008, and got stamping
Later got H1 from Oct 2007 to oct 2010, and got stamping
Present Got H4 from sept 2009 to may 2011 and no stamping yet and hence planning to go for stamping
Question 1) But when I am selcting the appontment date it ask's for a question
" Are you applying for same visa class that expired in the last 12 months?" so In my case would it be yes or no?
2) Does H4 and H1 come under same Visa Class?
please reply ASAP, As I am planning to schedule an appt immediately
I am planning to attend an Visa interview, at present I am on H4 status.
My case is: Gor H4 in sept 2006 - April 2008, and got stamping
Later got H1 from Oct 2007 to oct 2010, and got stamping
Present Got H4 from sept 2009 to may 2011 and no stamping yet and hence planning to go for stamping
Question 1) But when I am selcting the appontment date it ask's for a question
" Are you applying for same visa class that expired in the last 12 months?" so In my case would it be yes or no?
2) Does H4 and H1 come under same Visa Class?
please reply ASAP, As I am planning to schedule an appt immediately
more...
michael_trs
11-18 05:08 PM
I have H1 visa and my company started processing my GG. They published some ads, and in August applied for the LC. It turned out that they used EB3. They said that LC would be ready by February next year. Then it will take 4 years minimum for other steps. I was very surprised that I was EB3 but not EB2.
I have couple of questions:
1. How long does it take if to process it using EB3... 4 years, 5 years?
2. How long does it take if to process it using EB2? I am from Russia.
3. Is it possible to switch to EB2 somehow?
4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.
5. At what step of GC processing can I change a compamy that I work for?
Thank you
Michael
I have couple of questions:
1. How long does it take if to process it using EB3... 4 years, 5 years?
2. How long does it take if to process it using EB2? I am from Russia.
3. Is it possible to switch to EB2 somehow?
4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.
5. At what step of GC processing can I change a compamy that I work for?
Thank you
Michael
Asian
05-30 02:07 PM
As many of you have experienced, the pace of things here in general is slower than that of our home countries. Working in the project management, I often realize how hard it is to make the other party move faster when it is not involving the interest of the other side.
That is what makes me feel skeptical how much they would move, when we demand faster processing of our green card. Probably, the voice of our employer will be more effective. But is our employer losing anything from this slow process?
Even if our demand for more visa numbers is met and the retrogression problem is resolved, there is a big trap ahead waiting for us. Nobody really knows how much time it will take in the 3rd stage after all of us jump in and process our 485. It will be disastrous if it will be the same thing all over again.
It will do no good finger pointing for the lost time of ours in the past years. It does only good when we unite our voice and demand specific things to make up for the past.
Why is the green card so valuable to you? For me, it is the freedom of chaning jobs without making the new employer feel embarrassed.
If only they can allow us to submit I-485 regardless even though they can not process it until Visa number becomes current and if only they can remove the restrictions (same or similar rule) on AC-21 portability, these will save so many lives from being trapped.
These two legal changes which may be easier for the Congress, will actually make up for the lost time in our life waiting in line.
Maybe, it is time to be practical, realistic, and specific. Maybe, it is time to get smarter.
That is what makes me feel skeptical how much they would move, when we demand faster processing of our green card. Probably, the voice of our employer will be more effective. But is our employer losing anything from this slow process?
Even if our demand for more visa numbers is met and the retrogression problem is resolved, there is a big trap ahead waiting for us. Nobody really knows how much time it will take in the 3rd stage after all of us jump in and process our 485. It will be disastrous if it will be the same thing all over again.
It will do no good finger pointing for the lost time of ours in the past years. It does only good when we unite our voice and demand specific things to make up for the past.
Why is the green card so valuable to you? For me, it is the freedom of chaning jobs without making the new employer feel embarrassed.
If only they can allow us to submit I-485 regardless even though they can not process it until Visa number becomes current and if only they can remove the restrictions (same or similar rule) on AC-21 portability, these will save so many lives from being trapped.
These two legal changes which may be easier for the Congress, will actually make up for the lost time in our life waiting in line.
Maybe, it is time to be practical, realistic, and specific. Maybe, it is time to get smarter.
more...
ilikekilo
04-14 09:45 PM
If senior citizens have to travel frequently from India to the Bay area (California) what is the most preferred airlines?
Points of comparisons would be pricing (frequent flyer discounts), leg room, optimum layover, wheelchair facility, good in-flight attendance, food and so on...the experience with the emirates has been ok thus far.
emirates didn't provide the wheel chair at the airport although it was made available in india and sfo. also the leg from dubai to sfo is very long.
please share your experiences and provide your feedback.
If you could mention what place in INDIA (bangalore, delhi, bombay??) , folks could better answer your question..
Points of comparisons would be pricing (frequent flyer discounts), leg room, optimum layover, wheelchair facility, good in-flight attendance, food and so on...the experience with the emirates has been ok thus far.
emirates didn't provide the wheel chair at the airport although it was made available in india and sfo. also the leg from dubai to sfo is very long.
please share your experiences and provide your feedback.
If you could mention what place in INDIA (bangalore, delhi, bombay??) , folks could better answer your question..
2010 love you more than funny
rpat1968
03-09 12:04 PM
Per Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) the visa numbers for EB2 and EB3 - India & China to Stay at Current Levels in year 2007.
(Post from http://www.murthy.com/bulletin.html )
Employment-Based Second Preference / EB2
The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.
Employment-Based Third Preference / EB3
No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.
This means it is much more important and essential to get Congress to allot more numbers for Legal Immigration or lease we will be struck with this in GC black hole for years to come.
Guys wake up and start talking to Senators, Congressmen. Get your employers to send letters to Congress. Help IV by contributing and increasings IV membership, spread the word among you foreign friends , students.
Raj
(Post from http://www.murthy.com/bulletin.html )
Employment-Based Second Preference / EB2
The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.
Employment-Based Third Preference / EB3
No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.
This means it is much more important and essential to get Congress to allot more numbers for Legal Immigration or lease we will be struck with this in GC black hole for years to come.
Guys wake up and start talking to Senators, Congressmen. Get your employers to send letters to Congress. Help IV by contributing and increasings IV membership, spread the word among you foreign friends , students.
Raj
more...
AllVNeedGcPc
08-06 11:19 PM
- Received 2 Yr EAD expiring July 2010
- Current EAD expires in Sept 2008
- 140 Still Pending
- EB3 I, July 03 PD
- Current EAD expires in Sept 2008
- 140 Still Pending
- EB3 I, July 03 PD
hair love you more than funny
senthil1
02-19 12:27 PM
In the case of retrogession it is always better to apply EB2 if job description requires Master degree and if the candidate has approved master degree. Past history shows EB2 is atleast 2 years ahead of EB3 for India even if it is moving slower. But if you think any problem in eligiblity then it is better to apply EB3.
One question for I-140 for EB-2 versus EB-3.
If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?
Please confirm your views, as I have heard different versions.
Thanks!
One question for I-140 for EB-2 versus EB-3.
If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?
Please confirm your views, as I have heard different versions.
Thanks!
more...
bsbawa10
09-01 03:58 PM
Congrats to you....I am still waiting.
hot funny quotes on life images.
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?
more...
house i love you more than anything
go_getter007
12-20 11:45 AM
From your post, it sounds like she doesn't have an H4 stamp on her passport, but only the approval notice. She can't re-enter the US only by showing the approval notice at the port of entry. She needs to have the stamp on her passport as you already may be aware of.
Sending AP (or any other immigration document in original) outside of the US (e.g., to India) via courier/mail is risky, if not forbidden by law.
GG_007
PS: Not a lawyer, just my personal opinion.
Hi.
I have a question on whether Advance Parole is required for my wife to come back to the US.
She is coming back on December last week. Her H4 visa is expiring on JAN first week. she has her new H4 extension approval notice, 485 receipt notice with her. Does she need to have advance parole to come back?
(Her AP got approved after she left and I have received the docs recently. So I was wondering if I should fed-ex the docs to her).
Please advice
Sending AP (or any other immigration document in original) outside of the US (e.g., to India) via courier/mail is risky, if not forbidden by law.
GG_007
PS: Not a lawyer, just my personal opinion.
Hi.
I have a question on whether Advance Parole is required for my wife to come back to the US.
She is coming back on December last week. Her H4 visa is expiring on JAN first week. she has her new H4 extension approval notice, 485 receipt notice with her. Does she need to have advance parole to come back?
(Her AP got approved after she left and I have received the docs recently. So I was wondering if I should fed-ex the docs to her).
Please advice
tattoo Love You More Than Life. i
Vsach
05-16 09:00 AM
Its simple, do it online!! Save money....we did it 5 yrs ago.
more...
pictures love you more than funny
fcres
06-27 12:02 PM
Well there is a thread here talking about the pros and cons of multiple 485 filing so that means it can be done. As far as i have read its not illegal but it might delay the process. Different lawyers have diff opinion. Both our lawyers agreed for multiple filing and so to be on the safe side(one has an early PD and the other's job is more stable) we are filing 2 485s, but only one EAD and AP.
dresses Cute I Love You Quotes
finimits
05-03 09:55 AM
Hi Saji007,
Really? That is very encouraging indeed.
Even I have currently 5.5 years done on my H1B and looking to change soon.
BTW, I have my I-140, but I am not sure is there was ever a document they sent me with the PERM. Are these both the same thing?
I guess I don't have the PERM approval notice with me. Is this a hard requirement and if so do employers generally give the PERM approval notice to employees on request?
Really? That is very encouraging indeed.
Even I have currently 5.5 years done on my H1B and looking to change soon.
BTW, I have my I-140, but I am not sure is there was ever a document they sent me with the PERM. Are these both the same thing?
I guess I don't have the PERM approval notice with me. Is this a hard requirement and if so do employers generally give the PERM approval notice to employees on request?
more...
makeup love you more than funny
waitingnwaiting
12-10 08:10 AM
Its so depressing & frustrating Not to see any movement in EB2 dates. For the past 3 months there had been no movement in the EB2 dates. Every time I open with a hope that something will happen but its the same shit each time.
Don't know when this wait for GC will be over, friend of mine who spend equal or may be less time as me in UK had now got the PR of UK, some who went to AUS, S'Pore got PR within 1 yr and same with Canada...but this US is the only sucking place with screwed up policies which benefits only the business and govts.
You are EB2 and should be very happy. Imagine the pain of EB3 guys.
You will get your greencard in no time.
If you are depressed and frustrated in EB2, what do you think EB3 is?
Don't know when this wait for GC will be over, friend of mine who spend equal or may be less time as me in UK had now got the PR of UK, some who went to AUS, S'Pore got PR within 1 yr and same with Canada...but this US is the only sucking place with screwed up policies which benefits only the business and govts.
You are EB2 and should be very happy. Imagine the pain of EB3 guys.
You will get your greencard in no time.
If you are depressed and frustrated in EB2, what do you think EB3 is?
girlfriend i love you funny quotes. funny
fromnaija
01-04 09:05 AM
I dont know if this is possible but how about applying for EB3 using premium processing and once it is approved u have ur prority date set to Apr 2004 and then apply for EB2 I140 and ask for the April 2004 priority date.
I am not sure if u can do this, looking forward from others to see if this is possible.
It is possible as mnkaushik suggested. And your employers don't have to revoke the EB3 140 in order to file the EB2 140. You will need to file EB3 first and after it is approved, file EB2 and port the EB3 PD to the new application.
I am not sure if u can do this, looking forward from others to see if this is possible.
It is possible as mnkaushik suggested. And your employers don't have to revoke the EB3 140 in order to file the EB2 140. You will need to file EB3 first and after it is approved, file EB2 and port the EB3 PD to the new application.
hairstyles I love music that makes you
garybanz
10-23 06:17 PM
I'll be in a conference in SFO and can't make it to diwali mela myself, but I'll like to sponsor an Immigration Voice TX t-shirt to who ever donates maximum time to the IV booth*.
I'll let Needhelp decide who the winner is.
* Restrictions apply, core team not eligible
I'll let Needhelp decide who the winner is.
* Restrictions apply, core team not eligible
gconmymind
01-15 04:02 PM
8 months is too much...On one hand, we can not apply for H1 renewal before 6 months of expiration and on the other hand they take more than 6 months to process? Do they purposely want to create more complications here? What a bunch of baboons!!!
Anyways, is there a way we can convert our regular application to premium processing once it's already filed. I've filed for my extension in Oct 07 and till today no updates...USCIS is making me sick!!!!
You need to fill in a form (910 or something, i dont remember). With your receipt number and this form, you can convert your case to premium. I did that for 140, should be possible for H1 also. Talk to your lawyer for details...
Anyways, is there a way we can convert our regular application to premium processing once it's already filed. I've filed for my extension in Oct 07 and till today no updates...USCIS is making me sick!!!!
You need to fill in a form (910 or something, i dont remember). With your receipt number and this form, you can convert your case to premium. I did that for 140, should be possible for H1 also. Talk to your lawyer for details...
snathan
02-09 09:33 PM
"US Masters degree has no value anymore. Don't pursue a masters degree from US . You won't be able to find a job due to protectionist agends of US law makers.. Take your money somewhere less.Foreigners won't get jobs in USA "
Let us make atleast Indians run from Higer education industry of America and colleges will feel the heat as 50% of them have revenue stream out of foreign students. This will make these clown senators o understand the repercussions of protectionism.
If we can print an article in any leading daily in India, I am sure lots of other papers will pick up the same story.
Let us make atleast Indians run from Higer education industry of America and colleges will feel the heat as 50% of them have revenue stream out of foreign students. This will make these clown senators o understand the repercussions of protectionism.
If we can print an article in any leading daily in India, I am sure lots of other papers will pick up the same story.
No hay comentarios:
Publicar un comentario