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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GCOP
05-05 01:03 PM
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Participated in Call Campaign to House Representatives for HR 5882
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wandmaker
10-30 08:41 PM
1. File AR11 form with USCIS online, by giving the receipt numbers you can change the current address on file. Next day call USCIS 1800 # and confirm the address change.
2. If you are doing by yourself, eFILE EAD & AP - Since it is going to be your first EAD/AP you will have to attach a copy of biographical page of your passport or Driver License (DL is not mandatory) along with other supporting documents.
3. File for AR11 again, when you move again.
4. At the time applying for 485, I assume you have mentioned your current address in G325.
yes i did , but just asking as i am planning for applying hence thinking whether Drivers License required if so obviously addresses should match isnt?
2. If you are doing by yourself, eFILE EAD & AP - Since it is going to be your first EAD/AP you will have to attach a copy of biographical page of your passport or Driver License (DL is not mandatory) along with other supporting documents.
3. File for AR11 again, when you move again.
4. At the time applying for 485, I assume you have mentioned your current address in G325.
yes i did , but just asking as i am planning for applying hence thinking whether Drivers License required if so obviously addresses should match isnt?
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dealsnet
02-26 10:31 AM
Don't give advise, if you are not sure.
Nobody can file AOS, if they are out of status.
If it was the case every one will make it that way.
Your advise is good, if she is in status. Filing I-485, AP, EAD ....ETC.
She need to consult a reputed immigration lawyer first before the marriage.
Out of status more than 6 months will trigger a ban from 3 to 10 years.
CONSULT A LAWYER.
If you get married to him you shouldn't have any issue. After you get married you should have him file an immigrant petition (I-130) along with the adjustment of status (I-485). You will also have to file a biographic information sheet (G-325) along with an affidavit of support (I-864) and medical examination (I-693). You can also file for employment authorization (EAD), form I-765 if you want to work and Advance parole (I-131) if you need to travel outside the US. Supporting documents such as birth certificates, marriage certificate and photos will be required.
All these forms are available at the USCIS website.
They will ask you to come for fingerprining at a biometric center in a few weeks.
After a few months, you will be called for an interview to determine if your marriage is bonafide. If successful, you will be given what's called a conditional residency. 90 days before the two year anniversary of your conditional residency, you and your husband have to jointly apply for removal of conditions (form I-751), upon which you will be granted full permanent residency. After the third year, if you're still married, you can apply for US Citizenship.
Goodluck with the process !
Disclaimer: I am not a lawyer and the advice in this post no way constitutes any kind of legal advice and I accept no liability for any of the advice in this post.
Nobody can file AOS, if they are out of status.
If it was the case every one will make it that way.
Your advise is good, if she is in status. Filing I-485, AP, EAD ....ETC.
She need to consult a reputed immigration lawyer first before the marriage.
Out of status more than 6 months will trigger a ban from 3 to 10 years.
CONSULT A LAWYER.
If you get married to him you shouldn't have any issue. After you get married you should have him file an immigrant petition (I-130) along with the adjustment of status (I-485). You will also have to file a biographic information sheet (G-325) along with an affidavit of support (I-864) and medical examination (I-693). You can also file for employment authorization (EAD), form I-765 if you want to work and Advance parole (I-131) if you need to travel outside the US. Supporting documents such as birth certificates, marriage certificate and photos will be required.
All these forms are available at the USCIS website.
They will ask you to come for fingerprining at a biometric center in a few weeks.
After a few months, you will be called for an interview to determine if your marriage is bonafide. If successful, you will be given what's called a conditional residency. 90 days before the two year anniversary of your conditional residency, you and your husband have to jointly apply for removal of conditions (form I-751), upon which you will be granted full permanent residency. After the third year, if you're still married, you can apply for US Citizenship.
Goodluck with the process !
Disclaimer: I am not a lawyer and the advice in this post no way constitutes any kind of legal advice and I accept no liability for any of the advice in this post.
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kirupa
01-22 01:35 AM
Ok, proper previews have been added thanks to krilnon! Click on the bolded View Entry link next to each entry to see it.
gcwanter
06-27 08:38 AM
If i am on H1 and am the prinicipal applicant ; what is my A# number?
Is it the number on I94?
assume I140 is pending
Is it the number on I94?
assume I140 is pending
more...
meridiani.planum
08-11 11:41 PM
Hi Guys,
I am in a similar position, I have applied for my I-485 last july and PD is Jan 2007, I haven't got any RFE yet but reading all the posts I think I might get one for BC. My BC has 20th August as date of birth but from my school certificate,PP, DL all have 17th August date and I have send an affidavit with I-485 from my parents that I was born on 17th August. But Now when I read all the forums I think I should have send the affidavit which should have said that 20th was right but I did not know that uscis gives more importance to BC date instead of dates on other documents.
Does somebody know what uscis might do? Should I support 17th or 20th date now? and if 20th then is it possible date on school certificate, DL can be changed? I finished my 10th in 1990 and CBSE board. but on CBSE website they say they can change the DOB but only if I had finished 10th in the last two years.
Can somebody please suggest what to do since I can be ready if i get RFE.
Thanks in advance.
of all the docs, only the birth certificate is off right? that too by just 3 days. Rest everything is in sync. Moreover you have sent an affidavit also saying 17th is the date. I think you will be ok, just relax.
DO NOT send an affidavit now claiming 20th is your birth date, when you have just sent one claiming 17th. An affidavit is a serious statement, and you cant keep changing the facts you state in it. At the end of the day USCIS wants clear-cut documents on date and place of birth, and when in doubt or if there are conflicts, then an affidavit is needed. You have sent it all in and settled on the 17th, stick by that story now. In the unlikely event you get an RFE, you can get another affidavit from your parents confirming that the date on the cert is wrong.
I am in a similar position, I have applied for my I-485 last july and PD is Jan 2007, I haven't got any RFE yet but reading all the posts I think I might get one for BC. My BC has 20th August as date of birth but from my school certificate,PP, DL all have 17th August date and I have send an affidavit with I-485 from my parents that I was born on 17th August. But Now when I read all the forums I think I should have send the affidavit which should have said that 20th was right but I did not know that uscis gives more importance to BC date instead of dates on other documents.
Does somebody know what uscis might do? Should I support 17th or 20th date now? and if 20th then is it possible date on school certificate, DL can be changed? I finished my 10th in 1990 and CBSE board. but on CBSE website they say they can change the DOB but only if I had finished 10th in the last two years.
Can somebody please suggest what to do since I can be ready if i get RFE.
Thanks in advance.
of all the docs, only the birth certificate is off right? that too by just 3 days. Rest everything is in sync. Moreover you have sent an affidavit also saying 17th is the date. I think you will be ok, just relax.
DO NOT send an affidavit now claiming 20th is your birth date, when you have just sent one claiming 17th. An affidavit is a serious statement, and you cant keep changing the facts you state in it. At the end of the day USCIS wants clear-cut documents on date and place of birth, and when in doubt or if there are conflicts, then an affidavit is needed. You have sent it all in and settled on the 17th, stick by that story now. In the unlikely event you get an RFE, you can get another affidavit from your parents confirming that the date on the cert is wrong.
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satish_hello
07-19 02:24 PM
Hi ,
Even i got this same message on 5/19/2008, please look at my all posting, we have been discussing in seperate thread.
It is Hard LUD.
Please update if you get any info.
Thanks
Even i got this same message on 5/19/2008, please look at my all posting, we have been discussing in seperate thread.
It is Hard LUD.
Please update if you get any info.
Thanks
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IamWithImmiVoice
06-17 09:00 PM
Contributed 100 dollars. Hopefully everyone here contributes and we meet our goals..
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mukeshjaiswal
11-07 10:51 AM
Gurus,
On Aug 13th got an automated email from USCIS that they received information from DOS on Aug 9th and the present status is "Post Decision Actvity". I think my case is moving. Anybody knows how long it took from now?. I appreciate your valuable answers.
Hello bharmohan,
What is status of your current status, did you got the visa or still waiting for the response.
I am also in same boat and got the 221 - g green slip on Aug 11th at Delhi consulate and later my I-797 status was changed to Post Decision Activity, I am still waiting on my case, please update on your status.
On Aug 13th got an automated email from USCIS that they received information from DOS on Aug 9th and the present status is "Post Decision Actvity". I think my case is moving. Anybody knows how long it took from now?. I appreciate your valuable answers.
Hello bharmohan,
What is status of your current status, did you got the visa or still waiting for the response.
I am also in same boat and got the 221 - g green slip on Aug 11th at Delhi consulate and later my I-797 status was changed to Post Decision Activity, I am still waiting on my case, please update on your status.
more...
franklin
06-14 08:04 PM
I was told that as long as your priority date is current, you can file for AOS.
As soon as your application gets to the service center, and assuming your PD is current, it makes no difference what it ACTUALLY is. At this point, it goies to "whatever system they want to use" and has no relation to PD, but more to the RD of application
As soon as your application gets to the service center, and assuming your PD is current, it makes no difference what it ACTUALLY is. At this point, it goies to "whatever system they want to use" and has no relation to PD, but more to the RD of application
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ras
02-11 08:03 PM
http://www.thedegreepeople.com/eb-petition.html
So go ahead on sign in the petition. Dont know how far it goes but atleast it does something good.
So go ahead on sign in the petition. Dont know how far it goes but atleast it does something good.
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lskreddy
07-30 11:22 AM
These calls with Ombudsman are important because they are attended by USCS and probably other officials from DHS. It is a time to talk about policy matters, recommendations, response of these recommendations from USCIS, and delays in their implementation. That can help bring positive changes for everyone rather than questions about individual cases. Just my opinion.
I do not doubt that these calls serve a purpose. What I am not very happy about is what transpires after the call. I look for some kind of gratification or closure after a certain issue has been raised. When we participate in such calls with Ombudsman, and even when individuals focus on their own issues, it would not be too difficult to identify some of the generic problems. From the calls this time and the past one, I would be surprised it they did not see customer service and processing times as major issues. Not to say these are high priority problems but that most likely would be the summary of two calls.
But, what happens after that? We do not see what procedures are in place/discussions to rectify these problems.
Thats where I think calls/meeting with USCIS local or DC body could help. Thanks for pointing out that such meetings are already in the works. I will defer my discussion to my local chapter. Thanks.
I do not doubt that these calls serve a purpose. What I am not very happy about is what transpires after the call. I look for some kind of gratification or closure after a certain issue has been raised. When we participate in such calls with Ombudsman, and even when individuals focus on their own issues, it would not be too difficult to identify some of the generic problems. From the calls this time and the past one, I would be surprised it they did not see customer service and processing times as major issues. Not to say these are high priority problems but that most likely would be the summary of two calls.
But, what happens after that? We do not see what procedures are in place/discussions to rectify these problems.
Thats where I think calls/meeting with USCIS local or DC body could help. Thanks for pointing out that such meetings are already in the works. I will defer my discussion to my local chapter. Thanks.
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mbartosik
09-05 09:09 PM
So how about a fax campaign in favor.
That should not be too distracting from rally preparations.
Specifically we should highlight support for the increase in greencards. Other provision in STRIVE may have more enemies. Lou Dobbs is already all over it.
That should not be too distracting from rally preparations.
Specifically we should highlight support for the increase in greencards. Other provision in STRIVE may have more enemies. Lou Dobbs is already all over it.
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lostinus
07-17 06:56 PM
Great job IV team. Congratulations. Thanks a million.
Contributed $100 today. Pledge to put more in every quarter.
Contributed $100 today. Pledge to put more in every quarter.
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amitga
04-28 03:20 PM
Eco Factory - Reid: "The Energy Bill is Ready... I don't have an Immigration Bill." (http://www.ecofactory.com/news/reid-energy-bill-ready-i-dont-have-immigration-bill-042810)
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zbd
01-12 08:47 PM
Probably,all this criterias already matching to your case, right ?
If you're on H1 on 4 years, have been suffering from not able file 485, and if the legislation says "6 years on H1" or whatever year on 140, how would you feel? Cheerful? Joyful? or Zealous? or Joyless, depressed?
You're just a selfish guy to cover your asz, right?
Are you planning to get some benefit from your brother's delayed cases?
It's time to comply, time to be unite.
Be simple and support what we have. We don't have that much luxurious to discuss your fantasies even though here is a free platform, yet it's NOT the TIME.
Thanks for your understanding...
Zbd
If you're on H1 on 4 years, have been suffering from not able file 485, and if the legislation says "6 years on H1" or whatever year on 140, how would you feel? Cheerful? Joyful? or Zealous? or Joyless, depressed?
You're just a selfish guy to cover your asz, right?
Are you planning to get some benefit from your brother's delayed cases?
It's time to comply, time to be unite.
Be simple and support what we have. We don't have that much luxurious to discuss your fantasies even though here is a free platform, yet it's NOT the TIME.
Thanks for your understanding...
Zbd
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hydubadi
03-31 12:19 PM
Thanks for the reply.
How to dispute against this fake criminal record in background check.
How to dispute against this fake criminal record in background check.
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gandalf_gray
06-02 10:13 AM
Kaiser.
thx for replying . but I do not want both Visa on Oct1.
My L1 ends sometime in mid September.
My H1 would be effective only from Oct 1.
So, during this time I will be out of status right ?
So if I do my L1 Extension, I might solve the problem.
But Will doing that affect the approved H1 ?
Pls. help. thanks.
thx for replying . but I do not want both Visa on Oct1.
My L1 ends sometime in mid September.
My H1 would be effective only from Oct 1.
So, during this time I will be out of status right ?
So if I do my L1 Extension, I might solve the problem.
But Will doing that affect the approved H1 ?
Pls. help. thanks.
bobbydalal
08-24 11:49 AM
Hi there read ur post so u got an interview even when ur priority date is no where current . M i understanding u rite.
bklog_sufferer
12-05 08:45 PM
can anyone answer this please??