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  • PlainSpeak
    01-13 10:06 AM
    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.
    Since you have a valid EAD you are good status vice. Of course you moving to EAD is letting go of the safety net of H1B but that is something you have no choice on. Make sure you apply for EAD extension excatly 120 days before the expiry of current EAD. Since you are EB2 2006 most probabaly you will only get 1 year EAD

    If I get laid off and my employer cancels the h1b, Am i out of status?
    If you get laid off because of cost cutting (and not because of performance) you might get some money form teh company depeneding on your number of years of service. You might also get extended medical coverage for your family fo rthe same rate which goes out of your paycheck currently for some time (CORBA rule). Employer will most probabaly cancel your H1B since total H1B count for each company is kept an eye on by USCIS. Cancelling of H1B will NOT make you out of status since you will automatically move to EAD. Best thing right now for you will be to not worry about layoffs but to start search for a new job .Remember on EAD a permenant open ended job is better than a contract job with a end date. If you have the option do NOt join a staffing firm.

    2) Can they cancel my approved i 140?
    Yes they can because a 140 shows a companies ability to pay and if they need to proceess new GC they wil have problem with existing 140 which tehy do not need to hold since candidate has left. Most probabaly in your companies case since they are in a bad situation financialy they might not cancle 140 because cancellation costs money too. In any case register your 140 on USCIS case status website and keep checking it everyday for any LUD's. If an LUD happens on your 140 and IF its because of company cancelling the 140 uSCIS will send you a NOID (Notice of Intent to Deny) which has a time limit of 30 days to reply. The reply will be that you have joined another compnay with similar job and ur AOS intent is satisfied. For that to happen you need to have another job if and when you get NOID. If no reply is made to teh NIOD then USCIS will cancle your 485 and tat would be bad for you

    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?
    See above ....

    Hope i was able to help you. I went through the same thing so if you need additonal clarification go ahead and ask me





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  • ragz4u
    03-14 01:34 PM
    Hi

    Are there any updates to the Bill that is being discussed right now ? I mean we have updates saying that they are discussing illegal immigration, border security, etc. I guess all of us are waiting to see & hear if something about us is getting discussed there. Something which would benefit our own community.

    Please don't get me wrong, but many people hopefully look at the posts everyday thinking that there might be an update which might benefit thier case.I would urge & request someone from core members to give continuous updates.That would also eliminate lot of doubts especially amongst groups who are not very clear on the immigration voice activities.

    Thanks
    GCcomesoon

    This is the link for the other thread http://immigrationvoice.org/forum/showthread.php?t=278

    FYI, the debate will resume tomorrow again. Updates will be provided real time (hopefully).





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  • iamvenkat
    06-20 01:23 PM
    I was working for company A as a Title X through H1 B visa
    And company A filed my GC sponsorship petition with title Y and I-140 cleared.
    I resigned company A for job Title X and joined company B (H1 transfer) (I did not rejected or asked him to cancel my EB based GC petition)

    But Company A revoked my EB based sponsored petition.
    Is there a legal right for me to ask why did he revokes my EB based sponsorship petition when I have not rejected his offer for GC Title Y

    Please clarify





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  • help43
    09-10 09:02 PM
    I Have H1-B Approval but I dont have I94 with it.

    Actually my H1-B valid from October 1st.

    I went to my friends consultancy, those people said like you can work for any employer in OPT Status. So they want to run my paystubs up to september 1st 2008.Once I got the H1-B they want to run my paystubs from another company(througth Which i applied My h1-b).

    Now I got the h1-b approval but i didnt get the new i-94 with it. And my previous employer ready to run paystubs with new h1-b company.

    My OPT expiration date is on dec 29 2008.I am planning to go to consulate in the month of November 2008.

    Please help me out what do i need to

    1) Which Country i need to go?(Canada, INDIA or Mexico)

    2) What documents i need to take?



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  • chanduv23
    12-08 06:45 PM
    Come on folks, time for some contributions.....





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  • sandy_anand
    06-04 09:54 AM
    Thats the Senate and House for you...they get up very late since they party late into the night!...:)



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  • Robert Kumar
    01-03 08:51 AM
    SEVIS applies to F, M and J nonimmigrant students irrespective of undergraduate or graduate studies. I don't think Robert Kumar should consider F1, because he already has AOS pending status and not considered a nonimmigrant student anymore. Its no different than a permanent resident applying for a F1 visa. BTW, I took more than 18 credits in year 2010 @ resident tuition rate with my I-485 receipt, and received federal student loan as an eligible non-citizen with my AP stamp on passport. From what I heard on this forum, some universities are reluctant in considering AOS for resident tuition rate, but one can get help from the justice department in such cases. Here in Arizona all state universities accept AOS as equivalent status of a permanent resident.

    All,
    Thank you.

    So are you saying I can join school, not get paid by employer during full time study of MBA and still maintain status. And will not face any problem in my 485 approval.
    And that I dont need to change to F1 status. I really dont need aid. I'm ok with paying my tuition, as long as my status is maintained.
    My EB3 will take some more time.





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  • kumar1
    12-27 12:02 PM
    I would say, you will be unemployed during that search period.
    what if i want to join a company(like Teksystems,GCI,etc,...) on an hourly basis on their W2.What will be my status when an assignment is over and i have to search for another project.



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  • bmoni
    08-21 01:35 PM
    Thank you all.

    Thanks for bringing up the I-94 validity based on the validity of PP. I will definitely get PP renewed while I'm in India with Takkal scheme.

    @bushman06: Did the immigration officer gave you I-94 validity till PP expiry date or Visa expiry date.

    Again thanks for all your thoughtful responses. I really appreciate it.





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  • gk_2000
    08-28 02:22 AM
    There is no point in moving the PD if they cannot process the PD's who are current. This is what is happenning now in USCIS. I would rather they move it by small amounts and process those who are current than give false hope to people!

    Maybe false hope for your situation, but for a lot of us it means getting freedom via ac21



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  • gultie2k
    07-02 08:48 PM
    Thanks! Will I be out of status immediately? How much time do I have to leave the country?





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  • Sakthisagar
    05-19 11:02 AM
    Look i am not trying to say "mera bharat Mahan". All i am saying is tell me why should the Indian PM work to get us the Green Card. If you feel the Indian PM is incompetent, that is a different issue. Even if there was a competent PM, why should he/she work to get our Green Card?

    Mexico is a bordering country and has a different kind of trade and agreeements. It is not the same for other countries like India and China.

    Tell me why not Indian PM can't indicate to The US President on immigration? what is wrong in that logically, only for dollars and election fund they need NRIs how many Indians who are in US contribute to the Indian economy. Tell me what is wrong in asking ?

    Mexico might be bordering country but India aslo ahve trade agreements with US, is PM afrain of US authorities? or there is no order for the all powerful all is wel madame and her son who is good for nothing?

    Tail Note: heard from confidential sources when Indian PM visited White house it is said for every question President Obama asks he was on hot line with his master madame in Delhi for answers, he can never say anything without asking her!



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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?





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  • san3297
    08-31 12:35 PM
    HI All,
    I currently have 797 approval document from Nov 2009 to Nov 2012 and My current 797 document is valid till Nov 2009.When i was coming back from india last week at POE the immigration officer gave me I 94 dated till Nov 2009.I said to him that as i have 797 till Nov 2012 i should get I 94 till that date.But he insisted saying as the current document is still valid he can only go with that.He cant give me I 94 date on my future 797 starting from Nov 2009.I kept asking him for about 5 min but again dint wanted argue a lot as it was border security immigration.

    So what should i do now.Can i stay here after Nov 2009 or i need to go to stamping and come back before Nov 2009.What are my options.I dont have any travel plans atleast a year from now.Do let me know is it mandatory for me to leave before Nov 2009.Also my New 797 as I 94 attached do you guys think if it is sufficient for me to stay here without any problems.



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  • venky08
    10-30 06:15 PM
    bump





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  • greencard_fever
    09-03 10:25 PM
    Jeez! This is a really deplorable situation. USCIS has all the information and they are asking AILA for help? Why not just ask the guys who have their AOS cases pending? It's so unfortunate that this needs to be done.

    Well Said..we can help USCIS (Volunteer) to process our Application on time:D:D:D:D



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  • calaway42
    10-04 01:31 AM
    hey after im done deleting.. it says Now deselect (CTRL +D) now holding CTRL move the highlight of layer to down 2 pixels and right 2 pixels so it look like the image opposite. i dont get what "move the highlight of layer" is..





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  • rajpatelemail
    12-09 05:43 PM
    yeah
    this guy can not even dare to reveal id....
    pity pity....

    To avoid this type of d***less Buttheads comments, we are requesting to reveal ids.

    Comments and reds are very much fine and apprciated... No issues.
    So that we can learn from others comments.
    But Revealing ID is very very important.

    see my comments , this d***less is giving comments and do not have spine to reveal his/her id, yet.





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  • kaisersose
    07-23 09:01 AM
    All,

    I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!

    Here is my situation -

    Previous Employer -
    EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

    New Employer -
    EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

    Question -

    Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

    Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

    Any "Creative" thoughts on how to approach USCIS moving forward.

    Thanks in advance for your replies.

    Aamchimumbai

    You do not have to wait till Dec 07 becomes current. I assume when you applied for your second 140, you already requested them to use the earlier EB-3 PD. So when your EB2 140 is approved, it will have the earlier PD, which means you can apply for 485 when your 04 date is current.

    Now all you have to do is wait for your 140 to be approved.





    Redeye
    08-21 03:21 PM
    Thank you, however I was not expecting it.

    Be nice, give it forward. It easy to be frustrated does not take much, it takes a lot to be nice.

    Njoy life . Buy a corvette. :)


    Thanks, I gave you some green dots for your answers.
    You asked about my age: I will be 40yrs old this December..





    jvordar
    04-17 08:29 PM
    Even if you transferred you can still work for old company and keep on working there without joining new company.

    That's what i believe. Please consult attorney for confirmation

    on what basis can i work for old company coz my H1 is already transfered right??? i'm confused... btw this is the new company's lawyers telling me.. i just wanted to see if any one has been in this situation or know of somebody in such a situation..



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