zamoo
09-13 11:48 PM
I have to admit that I'm a little less educated in these immigration things than a lot of others. So, some questions might be of very basic nature.
I have been with a company for almost 9 years now. It was a relatively small one (2000 people). A bigger company (20,000 people) bought that. And, an even bigger (70,000 people) one bought that !! In all this process, my H-1B and GreenCard applications have been well-cared for by the company attorneys/lawyers. My I485 was filed in July 2007 during the rush. I have EAD...it has been renewed once as well.
My PD is NOT current as of September VB.
Although I have EAD, I used my H-1B extension to enter US in 2008 as this H-1B is valid till Jun 2010.
Now, I see a possibility of getting laid-off due to the latest acquisition/merger.
In order to find a new job, I want to know what all things I should care about and/or worry about. I don't think if I get laid-off, the company will do anything nasty without talking to me or at least telling me. So, here is what I'm trying to find out :
00. Should I immediately hire a lawyer to care for my pending I485 case with USCIS ?
01. If laid-off, what documents should I ask from my company for my records ?
02. I have EAD. So, is it true that I can still live in US as long as I want/my case is in pending status even if I cannot land a job ? If not true, how much time do I have on my hands to wrap-up and leave ?
03. Do I HAVE TO find a new employer that will be willing to support my I485 case ? If so, what all things the new employer will need to do ? Or, can I join a company that is may not be willing to support a foreign national's GC process and handle the case myself ?
04. Is it ABSOLUTELY necessary to find a job that identical to what job I'm currenytly doing and my LC was certified for ?
05. If and when laid-off, can I do part-time jobs that are related to the field of my epertise but not same in nature as in my LC. For example : If I'm a Java programmer, can I teach at a training institute couple hours a day, 3-days a week ?
Any response will be very much appreciated...
Thanks&Regards
I have been with a company for almost 9 years now. It was a relatively small one (2000 people). A bigger company (20,000 people) bought that. And, an even bigger (70,000 people) one bought that !! In all this process, my H-1B and GreenCard applications have been well-cared for by the company attorneys/lawyers. My I485 was filed in July 2007 during the rush. I have EAD...it has been renewed once as well.
My PD is NOT current as of September VB.
Although I have EAD, I used my H-1B extension to enter US in 2008 as this H-1B is valid till Jun 2010.
Now, I see a possibility of getting laid-off due to the latest acquisition/merger.
In order to find a new job, I want to know what all things I should care about and/or worry about. I don't think if I get laid-off, the company will do anything nasty without talking to me or at least telling me. So, here is what I'm trying to find out :
00. Should I immediately hire a lawyer to care for my pending I485 case with USCIS ?
01. If laid-off, what documents should I ask from my company for my records ?
02. I have EAD. So, is it true that I can still live in US as long as I want/my case is in pending status even if I cannot land a job ? If not true, how much time do I have on my hands to wrap-up and leave ?
03. Do I HAVE TO find a new employer that will be willing to support my I485 case ? If so, what all things the new employer will need to do ? Or, can I join a company that is may not be willing to support a foreign national's GC process and handle the case myself ?
04. Is it ABSOLUTELY necessary to find a job that identical to what job I'm currenytly doing and my LC was certified for ?
05. If and when laid-off, can I do part-time jobs that are related to the field of my epertise but not same in nature as in my LC. For example : If I'm a Java programmer, can I teach at a training institute couple hours a day, 3-days a week ?
Any response will be very much appreciated...
Thanks&Regards
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Photogenius
04-17 08:47 AM
like the blurred japanese letter at the back
techbuyer77
09-24 08:50 AM
Thanks for the response div. I did think it was too good to be true. It is.
ssn for green card holders is without restrictions, It does not have any banner on them
ssn for green card holders is without restrictions, It does not have any banner on them
2011 David Duchovny: Cinema Sunday
chi_shark
08-18 11:36 AM
afaik there is no impact on GC... EXCEPT: if there is an RFE, you have to prove beyond doubt to uscis that you have a full time job and your job duties are "Same or similar" to what is in your labor application... however, if you asked me, from a tax and liability perspective, i would recommend going for llc/s-corp/c-corp (based on your situation) instead of 1099... even 1099 can be used for good tax benefits but is not that great from a liability perspective... having said that, if you are into software development, it is likely that you will be asked to buy liability insurance... so, it all depends on your situation...
Hello
I am planning to work part time on 1099, just wanted to know will it impact the GC process in anyway
My status
Working full time on EAD with GC Employer (planning to port job and use AC21 as soon as there is any opportunity)
485 pending since more than 6 months
Thank you
Hello
I am planning to work part time on 1099, just wanted to know will it impact the GC process in anyway
My status
Working full time on EAD with GC Employer (planning to port job and use AC21 as soon as there is any opportunity)
485 pending since more than 6 months
Thank you
more...
nb_des
09-15 10:54 AM
Attorneys sometimes do not provide case number because they do not want you to be calling BEC for to inquire your case. Try convincing your employer you will use it only for online status check and hopefully they will give it to you.
All the best.
All the best.
Blog Feeds
05-12 09:50 AM
U.S. Citizenship and Immigration Services (USCIS) today announced a final rule that adopts, without change, an interim rule to improve the integrity of the Employment Eligibility Verification (Form I-9) process. USCIS received approximately 75 public comments in response to the interim rule, which has been in effect since April 3, 2009.
The main changes made by the interim rule and adopted by the final rule include: prohibiting employers from accepting expired documents; revising the list of acceptable documents by removing outdated documents and making technical amendments; and adding documentation applicable to certain citizens of the Federated States of Micronesia and the Republic of the Marshall Islands.
Employers must complete Form I-9 for all newly hired employees to verify their identity and authorization to work in the United States. The list of acceptable documents that employees may present to verify their identity and employment authorization is divided into three sections: List A documents, which show identity and employment authorization; List B documents, which show identity only; and List C documents, which show employment authorization only.
The final rule will be published in the Federal Register tomorrow and will be available at www.uscis.gov (http://www.uscis.gov). The final rule is effective on May 16, 2011. Employers may continue to use the current version of the Form I-9 (Rev. 08/07/2009) or the previous version (Rev. 02/02/2009). The Handbook for Employers, Instructions for Completing the Form I-9 (M-274) was updated on Jan. 5, 2011, and is available for review at www.uscis.gov/files/form/m-274.pdf (http://www.uscis.gov/files/form/m-274.pdf).
Let us know if we can help in your I-9, E-verify or Public Access Files compliance.
More... (http://www.visalawyerblog.com/2011/05/uscis_issues_final_rule_on_emp.html)
The main changes made by the interim rule and adopted by the final rule include: prohibiting employers from accepting expired documents; revising the list of acceptable documents by removing outdated documents and making technical amendments; and adding documentation applicable to certain citizens of the Federated States of Micronesia and the Republic of the Marshall Islands.
Employers must complete Form I-9 for all newly hired employees to verify their identity and authorization to work in the United States. The list of acceptable documents that employees may present to verify their identity and employment authorization is divided into three sections: List A documents, which show identity and employment authorization; List B documents, which show identity only; and List C documents, which show employment authorization only.
The final rule will be published in the Federal Register tomorrow and will be available at www.uscis.gov (http://www.uscis.gov). The final rule is effective on May 16, 2011. Employers may continue to use the current version of the Form I-9 (Rev. 08/07/2009) or the previous version (Rev. 02/02/2009). The Handbook for Employers, Instructions for Completing the Form I-9 (M-274) was updated on Jan. 5, 2011, and is available for review at www.uscis.gov/files/form/m-274.pdf (http://www.uscis.gov/files/form/m-274.pdf).
Let us know if we can help in your I-9, E-verify or Public Access Files compliance.
More... (http://www.visalawyerblog.com/2011/05/uscis_issues_final_rule_on_emp.html)
more...
drak70
03-06 01:36 PM
I thought FNU meant First name Unknown
used onlu when you have a single name
Lastly you can alsways go toa court and officialy add your surname to hers legally
used onlu when you have a single name
Lastly you can alsways go toa court and officialy add your surname to hers legally
2010 David Duchovny
WaitingUnlimited
01-18 02:17 PM
I have copy of approved 140. But second green card processing from my new employer needs to be filed again.
more...
pyrosleepy
08-09 11:03 AM
I joined a new employer in May and also had applied for H1B transfer at that time. Now I have a very good offer from another firm but my first H1B transfer is still pending. The new offer is much more rewarding financially. Is it possible to apply for H1 B transfer to the new employer without jeopardizing my H1B status. Please note that I got laid off in April and I was in a hurry to get the new job then, it was also about just over a month when I applied for my H1B transfer since losing that job so I am kind of nervous about the results from USCIS.
Thanks in advance for your suggestions, friends!
Thanks in advance for your suggestions, friends!
hair David Duchovny
Steve Mitchell
February 18th, 2006, 08:00 PM
What are your impressions of the D200? Are you happy with it?
Mine shows this lightly under some conditions. It's not been a major problem for me, unlike what some overly vocal folks at another forum would like everyone to think, but I'll probably send it in to have it calibrated anyway.
Mine shows this lightly under some conditions. It's not been a major problem for me, unlike what some overly vocal folks at another forum would like everyone to think, but I'll probably send it in to have it calibrated anyway.
more...
amitga
02-27 01:36 PM
No wonder you joined IV today.
Guys,
how far do u think the PD will advance id the DOL hopefully eliminates all backlog by 2007?
DO u think the PD will move forward by months,years?any Ideas?
Guys,
how far do u think the PD will advance id the DOL hopefully eliminates all backlog by 2007?
DO u think the PD will move forward by months,years?any Ideas?
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jackhardy
02-03 01:02 PM
i used this letter as a template.
Letter to President Obama & USCIS re: Green Card Processing Delays and Immigration Reform | E3 Visa (http://e3visa.info/2009/11/07/letter-to-president-obama-green-card/)
Letter to President Obama & USCIS re: Green Card Processing Delays and Immigration Reform | E3 Visa (http://e3visa.info/2009/11/07/letter-to-president-obama-green-card/)
more...
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Blog Feeds
06-29 03:40 PM
Canadian Immigration Minister Kenney said that Canadian citizenship is more than a legal status, more than a passport. We expect citizens to have an ongoing commitment, connection and loyalty to Canada while introducing a new changes in Canadian Immigrant norms. The main motive behind these changes to prevent citizenship fraud. As promised in the Speech from the Throne, these amendments will streamline the process to take citizenship away from those who have acquired it by fraud, including by concealment of their war crimes. And it would take decision-making away from politicians and give it to the courts.
The proposals in the Strengthening the Value of Canadian Citizenship Act are as follows:
- There are likely to be tough new regulations covering citizenship consultants and tougher measures taken against those who gain Canadian Citizenship fraudulently. This follows on from proposed amendments to the Immigration and Refugee Protection Act relating to immigration consultants � The Cracking Down on Crooked Consultants Act.
- The penalties for citizenship fraud are likely to be increased to a maximum of $100,000 or up to five years in prison or both.
- The intention is to increase the residence requirements so that to gain Canadian citizenship you will have to be physically present in Canada for three of the previous four years.
- In future criminals including violent foreign criminals will be prevented from becoming Canadian citizens.
- The process for revoking citizenship and the removal process will be speeded up. In future decisions on revocations will be made by the Federal Court instead of the Governor in Council.
- Making sure that Canadian law fully implements the first generation limit to passing on citizenship. Generally, Canadians living abroad will only be able to pass on citizenship to one generation. If living abroad the second generation will not normally be able to pass on citizenship to their children. The exception to this will be children of parents who are working for the Canadian Government or a Canadian Province or in the Canadian armed forces.
More... (http://www.visalawyerblog.com/2010/06/recent_changes_to_canadian_cit.html)
The proposals in the Strengthening the Value of Canadian Citizenship Act are as follows:
- There are likely to be tough new regulations covering citizenship consultants and tougher measures taken against those who gain Canadian Citizenship fraudulently. This follows on from proposed amendments to the Immigration and Refugee Protection Act relating to immigration consultants � The Cracking Down on Crooked Consultants Act.
- The penalties for citizenship fraud are likely to be increased to a maximum of $100,000 or up to five years in prison or both.
- The intention is to increase the residence requirements so that to gain Canadian citizenship you will have to be physically present in Canada for three of the previous four years.
- In future criminals including violent foreign criminals will be prevented from becoming Canadian citizens.
- The process for revoking citizenship and the removal process will be speeded up. In future decisions on revocations will be made by the Federal Court instead of the Governor in Council.
- Making sure that Canadian law fully implements the first generation limit to passing on citizenship. Generally, Canadians living abroad will only be able to pass on citizenship to one generation. If living abroad the second generation will not normally be able to pass on citizenship to their children. The exception to this will be children of parents who are working for the Canadian Government or a Canadian Province or in the Canadian armed forces.
More... (http://www.visalawyerblog.com/2010/06/recent_changes_to_canadian_cit.html)
tattoo David Duchovny
BMS1
09-07 09:13 PM
Yes I have seen that before (though I do not remember if it was Williston). At that time, Fedex told me that they have a some sort of bulk pickup arrangement (probably they may not be able to run the scanner after that pickup). But there were no problem due to that for me and my packet was delivered in time.
more...
pictures David Duchovny (DEA Agent
ramaonline
11-03 09:52 PM
for changing status from h1 to h4 u must file Change of status form on I539 - This can be downloaded from uscis.gov
You wld get into h4 status once u receive the new i94 from uscis showing h4 start and end dates.
If you travel , you must obtain a h4 visa stamp before re-entry to get back into h4 status
You wld get into h4 status once u receive the new i94 from uscis showing h4 start and end dates.
If you travel , you must obtain a h4 visa stamp before re-entry to get back into h4 status
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go_gc_way
11-25 05:16 PM
Not to discourage any one but , my understanding from this forum is nothing with respect to RETROGRESSION and THUS OF SKILLED PEOPLE LEAVING THE SHORES will be done in the Lame duck session.
I wish some one prove me wrong and let us know if there is any new news.
Hello ,
It is unrealistic to expect something to happen with out participation. My sincere REQUEST to "YOU" all is
i) BECOME A MEMBER : If you are guest and visiting this site to know about retrogression and your self waiting for a green card and stuck due to retrogression, become a member and participate the forum.
ii)TELL YOUR FRIENDS : If you are member and have not told about this forum to your other retrogression stuck friends/collegues, please do so.
iii) CONTRIBUTE : if you are a member, and have not contributed, please think of contributing
iv) PARTICIPATE : participate this forum more actively with your comments.
It has been the appeal of IV core team MANY times for i), ii) & iii) above.
Also I have seen on many web sites related to green cards, it is suggested to come forward and let know your problems .. Things otherwise, may not happen magically.
Friends on the forum, who think likewise and IV team, please add/correct my comments.
-- From a IV member
I wish some one prove me wrong and let us know if there is any new news.
Hello ,
It is unrealistic to expect something to happen with out participation. My sincere REQUEST to "YOU" all is
i) BECOME A MEMBER : If you are guest and visiting this site to know about retrogression and your self waiting for a green card and stuck due to retrogression, become a member and participate the forum.
ii)TELL YOUR FRIENDS : If you are member and have not told about this forum to your other retrogression stuck friends/collegues, please do so.
iii) CONTRIBUTE : if you are a member, and have not contributed, please think of contributing
iv) PARTICIPATE : participate this forum more actively with your comments.
It has been the appeal of IV core team MANY times for i), ii) & iii) above.
Also I have seen on many web sites related to green cards, it is suggested to come forward and let know your problems .. Things otherwise, may not happen magically.
Friends on the forum, who think likewise and IV team, please add/correct my comments.
-- From a IV member
more...
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upuaut
08-30 12:41 AM
try 6.0 version ai as the file type.
girlfriend David Duchovny Fox Mulder
Blog Feeds
09-28 12:40 PM
Andrew Sullivan, uber-blogger and one of the country's most influential political pundits warns that our paralyzed immigration system is at a point where it is harming our economic security: The legal immigration system - the same one that has kept me in limbo for a quarter of a century - is reaching a breaking point. Skilled immigrants are returning home to the more fertile opportunities in China and India because America makes it almost impossible for talented immigrants to move here: "What was a trickle has become a flood," says Duke University's Vivek Wadhwa, who studies reverse immigration. Wadhwa projects...
More... (http://blogs.ilw.com/gregsiskind/2009/09/andrew-sullivan-immigration-system-at-a-breaking-point.html)
More... (http://blogs.ilw.com/gregsiskind/2009/09/andrew-sullivan-immigration-system-at-a-breaking-point.html)
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IneedAllGreen
04-24 02:39 AM
If yes then you should be fine but with or without original 797 and no stamping in passport it will be difficult to get into USA. Unless you have AP to get back into USA. Hope this help. Good luck for your travel tomorrow.
Hi,
I just checked all immigration documents and found that original I797 (H1b approval) is missing. I have a copy but not original. We are travelling to India tomorrow. Is it must that we need to have original I797 at POE or is a copy ok. Appreciate if you could please let us know about this as soon as possible.
Thank you so much.
Hi,
I just checked all immigration documents and found that original I797 (H1b approval) is missing. I have a copy but not original. We are travelling to India tomorrow. Is it must that we need to have original I797 at POE or is a copy ok. Appreciate if you could please let us know about this as soon as possible.
Thank you so much.
baburob2
04-29 01:05 PM
Regd conversion to PERM ie refile in PERM and retain the PD your title, minimum job requirements, employer's name, employer's address etc should remain the same except the prevailing wage.
Some of the factors to consider before refiling:
1)Length of time the traditional or RIR Labor certification application has been pending: If you feel that traditional or RIR will be certified soon don't refile in PERM else do it.
2)Alien requiring a seventh-year extension:
It is uncertain at this time whethre USCIS will permit the alien to withdraw the labor certification and retain the PD date for the purpose of replying on the provision under AC21 to obtain a seventh-year extension. Until USCIS pronounces a clear policy in this area, one should proceed with extreme caution before refiling under the PERM regulatoins.
3)Economic factor like Layoffs in the industry, Recent layoffs by employer, increased costs for the employer
If the above economic factors seem to cause any issues dont refile.
This is from a OLD PERM manual i believe so please check with your attorney on recent ones and proceed ahead. However i do see a lot of people doing it successfully.
Some of the factors to consider before refiling:
1)Length of time the traditional or RIR Labor certification application has been pending: If you feel that traditional or RIR will be certified soon don't refile in PERM else do it.
2)Alien requiring a seventh-year extension:
It is uncertain at this time whethre USCIS will permit the alien to withdraw the labor certification and retain the PD date for the purpose of replying on the provision under AC21 to obtain a seventh-year extension. Until USCIS pronounces a clear policy in this area, one should proceed with extreme caution before refiling under the PERM regulatoins.
3)Economic factor like Layoffs in the industry, Recent layoffs by employer, increased costs for the employer
If the above economic factors seem to cause any issues dont refile.
This is from a OLD PERM manual i believe so please check with your attorney on recent ones and proceed ahead. However i do see a lot of people doing it successfully.
awi_ok
02-19 09:24 AM
I would suggest you ask your employer B to file thru premium processing. Just to be on the safe side
cancellation takes atleast a month if not more. (4-5 months is not a confirmed number so its better to assume the worse case of 1 month)
cheers
nat
Thank you for the advice nat23. I will talk to my lawyer about this.
T.
cancellation takes atleast a month if not more. (4-5 months is not a confirmed number so its better to assume the worse case of 1 month)
cheers
nat
Thank you for the advice nat23. I will talk to my lawyer about this.
T.