reddy77
01-12 10:33 PM
Hello Immi Gurus,
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
2) Can they cancel my approved i 140?
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?
Thanks so much for all your help, Thanks ...
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
2) Can they cancel my approved i 140?
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?
Thanks so much for all your help, Thanks ...
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chanduv23
10-02 10:08 AM
^^^^^^^^^^^^
gc28262
07-29 06:00 PM
Lesson learned:
Always note the rep id, date and time when talking to USCIS customer service.
This information will come handy when reporting issues to Ombudsman's office.
Always note the rep id, date and time when talking to USCIS customer service.
This information will come handy when reporting issues to Ombudsman's office.
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damialok
04-22 03:45 PM
I-485 could be from family based, EB1 and ROW categories. I dont all these became Unavailable on July 2nd. Also you are right, USCIS didnt reject applications even though they came in between July 2nd and 17th.
more...
GC_1000Watt
05-25 01:50 AM
Please share if anyone of us has taken care of PIMS thing in any way. I wanted to handle this PIMS thing well in advance in order to avoid any possible hassle or delays later on while I go for stamping in Mumbai consulate.
Thanks in advance.
Thanks in advance.
HRPRO
02-18 10:47 AM
Jagan,
Unless you go in person to the consualte, you are not going to be able to speak to anyone. Moreover with suacha tight time constraint, you should have made a visit to the embassy and should have used your US address, which is what they ask you do at the DC Embassy.
I am sorry, I cant help you with any personal contacts, but advice you go there in person to get your issue resolved.
Unless you go in person to the consualte, you are not going to be able to speak to anyone. Moreover with suacha tight time constraint, you should have made a visit to the embassy and should have used your US address, which is what they ask you do at the DC Embassy.
I am sorry, I cant help you with any personal contacts, but advice you go there in person to get your issue resolved.
more...
reddy77
07-23 08:25 AM
Pittsburg ?? what state CA or PA ?? since there is no "h", I assume you are talking about pittsburg in CA ...
Hi Thanks for your inputs.
But both the employers are consultant.
One is in Fremont CA and other in Pittsburg. Both are offering almost same salary.
So which should be an better option, if they have a similar better client list?
Hi Thanks for your inputs.
But both the employers are consultant.
One is in Fremont CA and other in Pittsburg. Both are offering almost same salary.
So which should be an better option, if they have a similar better client list?
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rkotamurthy
09-29 10:20 PM
There are lot of action items post DC Rally/Lobby Day. If you have ideas for
increasing IV's publicity, visibility or member participation, this meeting
would be a good platform to brainstrorm. We will need to move into a high
gear and start agressive campaign in So Cal.
Please join Local IV chapter and also attend Oct 6th meeting in Cerritos, CA. Meetings details can be found on Yahoo Group. For new members, this will be a great chance to meet and greet local IV members. For not-so-new members, this will be good chance to brainstrom about future actions.
Please be assured that it will not be a wasted Saturday afternoon.:)
increasing IV's publicity, visibility or member participation, this meeting
would be a good platform to brainstrorm. We will need to move into a high
gear and start agressive campaign in So Cal.
Please join Local IV chapter and also attend Oct 6th meeting in Cerritos, CA. Meetings details can be found on Yahoo Group. For new members, this will be a great chance to meet and greet local IV members. For not-so-new members, this will be good chance to brainstrom about future actions.
Please be assured that it will not be a wasted Saturday afternoon.:)
more...
coopheal
01-26 10:28 AM
Good movement. Looks like USCIS going work.
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Dhundhun
07-16 03:53 PM
If the processing date is July 17, on what basis they are selecting files which has reciept date July 30...
In case of EADs, we saw that for straight forward cases, they sent card in even 2 weeks, where on website Processing Date used to be reported 90 days before posting date.
So perhaps the simpler cases, which they though to be complete, while receiving FP feedback or Name Check feedback - just a guess - and yes while Processing Date is July 17, people of much later dates got approved. This is despite USCIS telling that applications will be processed in order.
In case of EADs, we saw that for straight forward cases, they sent card in even 2 weeks, where on website Processing Date used to be reported 90 days before posting date.
So perhaps the simpler cases, which they though to be complete, while receiving FP feedback or Name Check feedback - just a guess - and yes while Processing Date is July 17, people of much later dates got approved. This is despite USCIS telling that applications will be processed in order.
more...
pcs
07-30 04:11 PM
I like many others got a PERM labor & got 140 based on PERM labor.
Recenty , I applied 485 (based on this 140 )in this mad rush
Meanwhile, I have also received Labor approval ( from the same employer) from backlog center with an EARLIER PD .
The question is ..... Can I change the PD based on EARLIER PD after I have filed 485 ?????
I am sure many of us double PDs & might need to find an answer to this ?
can someone help ??
Thanks
Recenty , I applied 485 (based on this 140 )in this mad rush
Meanwhile, I have also received Labor approval ( from the same employer) from backlog center with an EARLIER PD .
The question is ..... Can I change the PD based on EARLIER PD after I have filed 485 ?????
I am sure many of us double PDs & might need to find an answer to this ?
can someone help ??
Thanks
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perm2gc
08-02 02:22 PM
You probably meant to say that you are NOT an immigration lawyer. Correct?
Yes..sorry for the Mistake
Yes..sorry for the Mistake
more...
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waitin_toolong
10-30 07:07 PM
There si no such requirement, but I hope you mentioned the current address in G325
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kevinkris
08-06 01:57 PM
Is it a big blow for desi consulting firms??
US raises H-1B, L1 visa fee by $2000
Washington: The US Senate today approved a substantial increase in application fees for H-1B and L1 visas, most sought after by Indian IT professionals to fund a $ 600 million emergency package to improve security along the porous Mexican border.
The proposed massive increase in H-1B and L1 visa application fee would primarily affect the top Indian IT companies who rely majorly on these categories of visas to continue with their work in the US. The Senate measure increases the visa fee to $ 2,000 per application on those companies that have less than 50 percent of their employees as American citizens.
"I prefer our source, which is from these companies which are not, as I say they are companies whose whole purpose is to bring people in on H-1B and the vast majority of them from other countries who go back to the other countries. That is a better funding source," Senator Charles Schumer from New York said in his remarks on the Senate floor.
Schumer along with his other democratic colleagues including Senator Claire McCaskill has introduced the legislation in this regard, which was passed by unanimous consent. During the debate, however, Senator John McCain wanted to fund the security along the Mexican border with the stimulus money, which was turned down by Schumer.
"The bottom line is this. I like the H-1B programme, and I think it does a lot of good for a lot of American companies. In fact, in the immigration proposal I made, along with Senator Reid and Senator Menendez, as well as the outline with Senator Graham, we expand H-1B in a variety of ways," Schumer argued.
"There is a part of H-1B that is abused, and it is by companies that are not American companies or even companies that are making something. Rather, they are companies that take foreign folks, bring them here, and then they stay here for a few years, learn their expertise, and go back. We think we should increase the fees when they do that," the Senator said.
Rejecting McCain's proposal to get the funding from the stimulus money, Schumer said: "I hope, even though I cannot accept these amendments, that maybe we could come together on something that we could bring back in September because I do believe we have to secure the border."
Schumer said: "Even in the comprehensive proposal that we made, we said we have to secure the border and do other things as well. It is my belief that securing the border alone will not solve our immigration problems; that until we have comprehensive reform, particularly in making sure employers do not hire illegal immigrants which they now do, even though they do not know they are illegal immigrants because documents are so easily forged, that we have to do comprehensive. But we should do the border. To say we have to do comprehensive does not gainsay that we have to work on theborder and work on it quickly and soon."
It is not clear yet, if this increase would also apply only to those firms that are also H-1B-dependent.
US raises H-1B, L1 visa fee by $2000
Washington: The US Senate today approved a substantial increase in application fees for H-1B and L1 visas, most sought after by Indian IT professionals to fund a $ 600 million emergency package to improve security along the porous Mexican border.
The proposed massive increase in H-1B and L1 visa application fee would primarily affect the top Indian IT companies who rely majorly on these categories of visas to continue with their work in the US. The Senate measure increases the visa fee to $ 2,000 per application on those companies that have less than 50 percent of their employees as American citizens.
"I prefer our source, which is from these companies which are not, as I say they are companies whose whole purpose is to bring people in on H-1B and the vast majority of them from other countries who go back to the other countries. That is a better funding source," Senator Charles Schumer from New York said in his remarks on the Senate floor.
Schumer along with his other democratic colleagues including Senator Claire McCaskill has introduced the legislation in this regard, which was passed by unanimous consent. During the debate, however, Senator John McCain wanted to fund the security along the Mexican border with the stimulus money, which was turned down by Schumer.
"The bottom line is this. I like the H-1B programme, and I think it does a lot of good for a lot of American companies. In fact, in the immigration proposal I made, along with Senator Reid and Senator Menendez, as well as the outline with Senator Graham, we expand H-1B in a variety of ways," Schumer argued.
"There is a part of H-1B that is abused, and it is by companies that are not American companies or even companies that are making something. Rather, they are companies that take foreign folks, bring them here, and then they stay here for a few years, learn their expertise, and go back. We think we should increase the fees when they do that," the Senator said.
Rejecting McCain's proposal to get the funding from the stimulus money, Schumer said: "I hope, even though I cannot accept these amendments, that maybe we could come together on something that we could bring back in September because I do believe we have to secure the border."
Schumer said: "Even in the comprehensive proposal that we made, we said we have to secure the border and do other things as well. It is my belief that securing the border alone will not solve our immigration problems; that until we have comprehensive reform, particularly in making sure employers do not hire illegal immigrants which they now do, even though they do not know they are illegal immigrants because documents are so easily forged, that we have to do comprehensive. But we should do the border. To say we have to do comprehensive does not gainsay that we have to work on theborder and work on it quickly and soon."
It is not clear yet, if this increase would also apply only to those firms that are also H-1B-dependent.
more...
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singhsa3
10-22 01:00 PM
Some one gave me negative feedback on this thread.
To that person, why not you come out in open and discuss your problem.
To that person, why not you come out in open and discuss your problem.
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GCard_Dream
02-22 11:38 PM
I wasn't aware of that. Thanks for the clarification.
a large number of thsoe "extra" GC were schedule A recaptures and did not affect most applicants. so really it was by profession not by country.
a large number of thsoe "extra" GC were schedule A recaptures and did not affect most applicants. so really it was by profession not by country.
more...
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stupendousman11
01-14 09:36 AM
Same here. We submitted 485 on Jul2 without our medicals and some other major documents like birth certificates etc. Have had not issues till now. Got our receipt notices for 485, AP & EAD. Also got our EADs pretty quickly.
Wondering whether one can mail in the missing docs (including medical) with the 485 receipt instead of waiting for the RFE. Any ideas?
Wondering whether one can mail in the missing docs (including medical) with the 485 receipt instead of waiting for the RFE. Any ideas?
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shirish
09-02 01:54 PM
I am in the same situation. My lawyer sent the application with out medicals one day before the medical reports reached him.
He is saying, he checked with USCIS customer service, that the medicals do expire after 12 months. So i will have to go for medical exam again when i get RFE.
As explained earlier I proactively decided to send in the medicals with a copy of the receipt notices since I didn't want to waste processing time through RFEs and was under the impression that medicals expire in 12-18 mths. However, when I spoke to the lawyer about this she said: "The medicals do not expire any more . . . let's "keep our fingers crossed" that the medicals make it to your files; we usually wait for CIS to send us an RFE, as that way there is a bar code on the cover letter to help get the medical to the examiner who has the file."
She also said that I wouldn't get any receipt notice or anything regarding the submission. So I guess I'll have to keep my fingers crossed.
He is saying, he checked with USCIS customer service, that the medicals do expire after 12 months. So i will have to go for medical exam again when i get RFE.
As explained earlier I proactively decided to send in the medicals with a copy of the receipt notices since I didn't want to waste processing time through RFEs and was under the impression that medicals expire in 12-18 mths. However, when I spoke to the lawyer about this she said: "The medicals do not expire any more . . . let's "keep our fingers crossed" that the medicals make it to your files; we usually wait for CIS to send us an RFE, as that way there is a bar code on the cover letter to help get the medical to the examiner who has the file."
She also said that I wouldn't get any receipt notice or anything regarding the submission. So I guess I'll have to keep my fingers crossed.
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danu2007
10-09 09:11 PM
Please go to below thread and update the list with your details.
http://immigrationvoice.org/forum/showthread.php?t=5935
http://immigrationvoice.org/forum/showthread.php?t=5935
valatharv
07-16 10:54 AM
Write to the Indian Consulate and check for a solution with them. They will have definitely handled these types of cases before.
Thanks for replying...
I have already renewed my passport in April 2010 and corrected father name ...
I am worried for USCIS old forms before RFE for 485, my father name shows as <lastName> then <FirstName>.
Thanks for replying...
I have already renewed my passport in April 2010 and corrected father name ...
I am worried for USCIS old forms before RFE for 485, my father name shows as <lastName> then <FirstName>.
desi3933
05-11 05:11 PM
Hello Attorney,
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
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