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?
Puncher
May 20th, 2005, 10:53 AM
It looks like the picture is quite severely overexposed. Since you have a bright moon on a black background, depending on the relative sizes of the moon and background, the exact focusing point and how the metering works you'll easily end up with an overexposed moon (due to the dark background).
As an alternative , spotmeter the moon to figure out the exposure and/or use the histogram.
As an alternative , spotmeter the moon to figure out the exposure and/or use the histogram.
saratswain
11-06 12:27 PM
I did not have it either and I had tow A# number for me. This is what my lawyer did
> Wrote a letter citing ref# to the porting rule
> Submitted evidence
I did it through my company attorney. I have full access to her though.
Please send me a personal msg and I can give templates for the letter, it might help.
Thanks for the information.
Unfortunately my EB2 I140 does not have the EB3 priority date assigned as my attorney did not seek that when applying. Now He is trying to get the EB2 I140 amended with the EB3 priority date. TSC keep rejecting it without giving any reason.
Did you use your own attorney?
--Kiran
> Wrote a letter citing ref# to the porting rule
> Submitted evidence
I did it through my company attorney. I have full access to her though.
Please send me a personal msg and I can give templates for the letter, it might help.
Thanks for the information.
Unfortunately my EB2 I140 does not have the EB3 priority date assigned as my attorney did not seek that when applying. Now He is trying to get the EB2 I140 amended with the EB3 priority date. TSC keep rejecting it without giving any reason.
Did you use your own attorney?
--Kiran
jfredr
07-26 01:49 PM
my colleague whose 485 was mailed on june 27th had his checked cleared yesterday.
more...
Gravitation
06-29 01:12 PM
My docs and signed applications reached attorney last Friday. Paralegal seems to be working on it as he keeps sending questions by email. However, when I asked the forms might be mailed by June 29th, he didn't reply. My feeling -by the questions asked- is that my form are complete. I'm hoping he'll mail it latest by first week of July.
monkeyman
08-29 02:05 PM
I checked my bank account today. The checks got encashed.
USCIS issued receipt notice on Aug 27th. Checks were encashed on Aug 28th.
Nothing so far - lawyer says not one check is encashed so far -
USCIS issued receipt notice on Aug 27th. Checks were encashed on Aug 28th.
Nothing so far - lawyer says not one check is encashed so far -
more...
fastergcwanted
07-26 09:13 AM
My attorney tells me they don't give employees copies of labor applications.
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
Same thing with me. Lawyer does not release copies of Certified LC or I-140 approval.
From what I understand that should not cause issues with AC21; however I would feel much better having these copies in my hand just in case....my 2 cents...of course ask attorney before making any moves...
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
Same thing with me. Lawyer does not release copies of Certified LC or I-140 approval.
From what I understand that should not cause issues with AC21; however I would feel much better having these copies in my hand just in case....my 2 cents...of course ask attorney before making any moves...
panchotronera
08-12 09:20 PM
Mu I140 was approved back in May /07. I got a LUD today bit I don't know what it means. I have the receipt notice of my I485. I also got LUD on my I131 for me and my family.
My case EB3 PD Jan 2004
I40 approved TSC July 2007
485 filed at NSC July 2nd
LUD is 8/12/2007
Does this mean anything ?
My case EB3 PD Jan 2004
I40 approved TSC July 2007
485 filed at NSC July 2nd
LUD is 8/12/2007
Does this mean anything ?
more...
MerciesOfInjustices
03-06 08:32 PM
All,
In every campaign, every battle, there is a bunch of people who move the agenda forward, and there is a bunch of people who sit on the sidelines predicting the worst. Gnashing their teeth, ruing their fate, wondering if the people who are working are working hard enough...
...Read our basic documents and educate yourselves. I'm continually shocked by the number of people caught in this jam who can't be bothered to read about the mess they are in. If you are wondering which documents -- go to the Resources for lawmaker meetings page -- that has a list of 5 with links.
best,
Berkeleybee
Well said!
There are 270,000 in retrogression and nearly double this number in back-logs. If you wonder where are they, I think you will end up spending all of your time doing that!
I hear the refrain everywhere that - "they" will do something because of the sheer numbers, and the basic fairness of the US!
Please do not count on it! Our hopes failed once last year, and it can very well happen again! The cause is just, but it can only succeed if there is a clamor for it! So, call your lawmakers, and send personal emails to others to make them do so.
Send personal emails to members of the Indian community urging them to recall their days of struggle, and now contribute to those in the struggling phase.
Organize 'chai-samosa' or 'idli-sambar' fund-raisers, for God's sake, if nothing else - to raise funds!
Time is of essence - we may have just a month or two to board this bus together, or wait for the next one, God knows when!
In every campaign, every battle, there is a bunch of people who move the agenda forward, and there is a bunch of people who sit on the sidelines predicting the worst. Gnashing their teeth, ruing their fate, wondering if the people who are working are working hard enough...
...Read our basic documents and educate yourselves. I'm continually shocked by the number of people caught in this jam who can't be bothered to read about the mess they are in. If you are wondering which documents -- go to the Resources for lawmaker meetings page -- that has a list of 5 with links.
best,
Berkeleybee
Well said!
There are 270,000 in retrogression and nearly double this number in back-logs. If you wonder where are they, I think you will end up spending all of your time doing that!
I hear the refrain everywhere that - "they" will do something because of the sheer numbers, and the basic fairness of the US!
Please do not count on it! Our hopes failed once last year, and it can very well happen again! The cause is just, but it can only succeed if there is a clamor for it! So, call your lawmakers, and send personal emails to others to make them do so.
Send personal emails to members of the Indian community urging them to recall their days of struggle, and now contribute to those in the struggling phase.
Organize 'chai-samosa' or 'idli-sambar' fund-raisers, for God's sake, if nothing else - to raise funds!
Time is of essence - we may have just a month or two to board this bus together, or wait for the next one, God knows when!
eb2dec2005
02-22 09:49 PM
No, i was little skeptical i using AC21.I did not inform USCIS at all.
Morover, i was hoping my PD would be current shortly.
Am i in trouble?
Morover, i was hoping my PD would be current shortly.
Am i in trouble?
more...
thatwillbeit
05-24 08:47 PM
Hi Gurus...
I am one of the July 2007 EAD filers and did not file for AP at that time.
So I am in the process of the renewing EAD & Applying for AP for the first time.
I have couple of questions..
do you get Finger Printing for EAD Renewal ?
do you get Finger Printing / Biometrics for first time applying of AP [Advance Parole]
Your help is much appreciated
I am one of the July 2007 EAD filers and did not file for AP at that time.
So I am in the process of the renewing EAD & Applying for AP for the first time.
I have couple of questions..
do you get Finger Printing for EAD Renewal ?
do you get Finger Printing / Biometrics for first time applying of AP [Advance Parole]
Your help is much appreciated
kedrex
02-10 09:37 PM
I was in a similar situation and sponsored my parents, sister and bro in law. The univ. graduation letter made a big difference and they got their visa.
more...
greenguru
01-30 06:11 PM
An EB2 labor applied in March got approved in Sep.
Labor it is taking min 8 months as of today.
I-140 : Please check immigration-law.com first post today. he gave some stats...
Labor it is taking min 8 months as of today.
I-140 : Please check immigration-law.com first post today. he gave some stats...
bigboy007
02-25 10:13 PM
I laughed at it when i first saw this in OhLaw website. Any employee who thinks of AC21 job change would be in either of those buckets mentioned and conclusion is NO AC21 for EB employees if truely interpreted another scary tactic though.....
more...
ravi_hyd
10-26 10:53 PM
RD Texas: 3rd Aug
AP - Case pending
FP- Not Received
EAD - Card Prod. ordered
AP - Case pending
FP- Not Received
EAD - Card Prod. ordered
VivekAhuja
09-29 01:53 PM
You cannot get reimmbursed or file a claim. You can but will not get $$ back.
more...
ksiddaba
08-22 03:23 PM
My questions:
While on H1B can a professional engineer sign a design and plans offcourse for free. Say to a friend design and plan.
While owning this business one is free to sponsor and support other H1Bs. In other words, you can hire a h1B as well (like your spouse). This could be yourself, although that would be at some level unfair.
Incidentally, you could get a second H1B to work with your friend through a company that your friend set up to do this consulting work (if your original H1B employer lets you and you keep your original employment). You would have to go through the labor etc. Secondary H1Bs are suprisingly not uncommon.
As for just signing plans for free, and not being paid for it, but sharing in the profits resulting from the venture is pushing the "intent" of the law. I think what the USCIS wants to see is you taking a passive approach in the business (say giving up front investment) or making contacts available to the business or giving a talk or seminar to promote the business. Signing off a design would I think be considered as day to day operations of the business which would violate the intent of the law. But like all laws (esp. immigration ones) everything is a question of interpretation. You get a good lawyer to back you and you would be ok with how much you can get away with, within the law.
While on H1B can a professional engineer sign a design and plans offcourse for free. Say to a friend design and plan.
While owning this business one is free to sponsor and support other H1Bs. In other words, you can hire a h1B as well (like your spouse). This could be yourself, although that would be at some level unfair.
Incidentally, you could get a second H1B to work with your friend through a company that your friend set up to do this consulting work (if your original H1B employer lets you and you keep your original employment). You would have to go through the labor etc. Secondary H1Bs are suprisingly not uncommon.
As for just signing plans for free, and not being paid for it, but sharing in the profits resulting from the venture is pushing the "intent" of the law. I think what the USCIS wants to see is you taking a passive approach in the business (say giving up front investment) or making contacts available to the business or giving a talk or seminar to promote the business. Signing off a design would I think be considered as day to day operations of the business which would violate the intent of the law. But like all laws (esp. immigration ones) everything is a question of interpretation. You get a good lawyer to back you and you would be ok with how much you can get away with, within the law.
Gigantic697
10-13 04:08 PM
I'm going to meet the lawyer to see what is the option here. But what is the best thing to do ...go back to India and get the H4 or apply the cos from h1->H4 from here?
prolegalimmi
03-27 06:44 PM
Below is a Copy.
"Dear Editor,
I hope that this letter of mine gets a few minutes of your precious time.
While there is a raging debate going on in the Senate about how to accomodate illegal immigrants, while there is so much time being given to find solutions to the issue of illegal immigration, a little known fact is that upwards of 350,000 legal immigrants, who have come to the United States legally, contributing to the american community positively, putting their special skill sets to practice to keep american technical, engineering, research and such jobs in america, paying taxes for every penny they earn, for every day they have lived here, these people are languishing for more than five years because of governmental delays and lack of governmental resources to process their applications in a timely manner.
No coverage at all is being given to the plight of these more than 350,000 'legal' immigrants. These legal immigrants are even afraid to come out and protest lest they get into legal problems with the law enforcement because they might be disturbing peace or affecting productivity negatively. Would NPR kindly give a voice to these legal immigrants and let the public know about the silent suffering that these legal immigrants are going through. If any more information is needed at all, please do visit immigrationvoice.com, or contact any of these individuals who are here legally, shrey@immigrationvoice.org
jay@immigrationvoice.org
sandeep@immigrationvoice.org
nagaraj@immigrationvoice.org
kapooraman@immigrationvoice.org
OR call (281) 576-7185 .
Thank You very much for your time."
"Dear Editor,
I hope that this letter of mine gets a few minutes of your precious time.
While there is a raging debate going on in the Senate about how to accomodate illegal immigrants, while there is so much time being given to find solutions to the issue of illegal immigration, a little known fact is that upwards of 350,000 legal immigrants, who have come to the United States legally, contributing to the american community positively, putting their special skill sets to practice to keep american technical, engineering, research and such jobs in america, paying taxes for every penny they earn, for every day they have lived here, these people are languishing for more than five years because of governmental delays and lack of governmental resources to process their applications in a timely manner.
No coverage at all is being given to the plight of these more than 350,000 'legal' immigrants. These legal immigrants are even afraid to come out and protest lest they get into legal problems with the law enforcement because they might be disturbing peace or affecting productivity negatively. Would NPR kindly give a voice to these legal immigrants and let the public know about the silent suffering that these legal immigrants are going through. If any more information is needed at all, please do visit immigrationvoice.com, or contact any of these individuals who are here legally, shrey@immigrationvoice.org
jay@immigrationvoice.org
sandeep@immigrationvoice.org
nagaraj@immigrationvoice.org
kapooraman@immigrationvoice.org
OR call (281) 576-7185 .
Thank You very much for your time."
gc_chahiye
09-25 01:44 PM
hermione,
How to know if name check has been done. Is there a number to call to confirm NC clearance?.
We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know
name check is separate from the FP clearance.
How to know if name check has been done. Is there a number to call to confirm NC clearance?.
We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know
name check is separate from the FP clearance.
eb2dec2005
02-23 10:59 PM
Case reopened or reconsidered based on USCIS determination, and the case is now pendiDid anyone see this kind of status on their approved H1b application?
Please share your views.
Please share your views.