Laid off on EAD

[oliTwist]

Originally Posted by radhay

supreet, I am also here since 98 trying to get through this GC process. I was told by employer (after getting attorney's advise) that if on EAD there is no need to be on the job through out the process. If an RFE is issued you may be able to get EVL from some desi company.

Supreet, Am also in the same boat. Laid off and going to be on EAD. Came in 2000. Being on EAD, is some consolation. So its ok that you need not be on job for a long time, while you are actively searching for jobs similar/same to the profile in I140.

Market is getting better.Lets hope for the best.

[jthomas]

when a person is waiting on EAD and has a A# number. He gets 26 weeks of unemployment benifits. It may differ by state. However i feel its okay to take unemployment benifits. My case has been reported to USCIS by UI and they have allowed 26 weeks of unemployment benifit. Another friend of mine from east coast is gettting 30 weeks of unemployment and he is also not allowed 59 weeks of unemployment.

I have heard that its legal to be unemployed when one has I-485 pending(EAD). Take unemployment benifits, Take a small break to vent your anger why is that you were laid off and then start looking for a job.

If anybody has been laid off and is taking unemployment. please post a message as it will some confidence for others to take unemployment benifits. However, we have been contributing to unemployment insurance.

I don't think things are improving. Employers are interviewing but at this moment nobody would like to hire. I have been interviewed roughly 3 times a week. Some of them have interviewed me twice.

take this as a positive thing. Study, improve your knowledge, improve your contacts through linkedin, yahoo and google groups etc..., Be active in replying to technical forums, Let other senior guys in the same group look at the quality of your answers and call you. and later when the recession gets over. Find a better job, I don't want to suggest you to go back to the same employer.

J Thomas

[supreet]

Thanks everyone for your detailed replies and personal messages to my multiple threads. I really appreciate.
I am actively looking for a job. Hopefully something will come up in the next few weeks.
For now, I have decided not to file for Unemployment benefits. However, I am going to apply for ARRA to get assistance for my COBRA health insurance payments. We have a special needs child with monthly medical bills, and we definitely need a good medical insurance.
My employer has citied “Work Force Reduction” as a “cost-cutting measure” for the lay offs. I am not sure if this will give me any additional time/appropriate reason in case of a RFE. For now, I will hope for the best and concentrate on my job search. In the meantime I will also continue to look for a consulting/desi company which can give me an offer letter with similar job responsibilities.
I know my employer is definitely going to withdraw the I-140 since their lawyers are the dreaded Fragomen firm.
If you know of any attorney based in Bay Area, California (San Jose/San Francisco) with some experience in answering such RFEs, please let me know.
Thanks again for all your replies.

- s

[saileshdude]

Originally Posted by supreet

Bpadala, Babuworld and Morchu, thanks so much for your quick responses.

A couple of followup questions.

1. So can I get a job in a different profile and not file for AC21. Finally, when I am able to get a job with same profile I will
switch again and then file for AC21 (Morchu, as you said, I am EB3, it will be at least 4-5 years before my 485 comes for approval).
Can there be any potential issue with this approach?

2. What happens if my company does withdraw I140? Now that my 485 has been pending for more than 180 days, should I even worry about it?
What can I do to mitigate any potential issue?

3. Just to be on a safe side (in case USCIS does send a RFE) is it better to get an offer letter with the exact same profile from a desi
company (or I register my own company with same profile) while continue to look for a job? Any potential issues with that?

Thanks again for all your responses.

- s

Question in regards to (2):

Why do you think your employer will revoke I-140. Have you confirmed this with them ? Also you mention the lawyer firm's name as a reason that your I-140 will be revoked. Did you also confirm this with the lawyer.

In response to (3),

It will be difficult to prove that offer is legit thru some desi company and also the job offer's permanent nature will be questionable since you may have to prove how the job is permanent if the employer's main business is consulting. Anyway all this points should be considered when going with desi consulting companies.



Also

[supreet]

Actually, no. I have not confirmed this (I-140 withdrawal) with my employer or with their law firm. However, law firm Fragomen is notorious for recommending I-140 withdrawal once the employement has been ended. I don't want to bring this question to my employer or the law firm in case they have not (yet) thought about this. I hope they don't actually revoke my I-140.

I agree, it will be difficult for me to prove that the job offer is permanant if I go through a desi company. I will try that only when I have exhausted all my other options. I am still hoping it won't come to that and I will be able to get a new job in the next few weeks.

Thanks,
- S

[sankap]

Originally Posted by saileshdude

Question in regards to (2):
It will be difficult to prove that offer is legit thru some desi company and also the job offer's permanent nature will be questionable since you may have to prove how the job is permanent if the employer's main business is consulting. Anyway all this points should be considered when going with desi consulting companies.
Also

Do you really have to state (on the EVL) / prove that the offer is for a "permanent" job? How would that be different from an offer for a "regular" job? I've changed jobs on H-1B, and none of the offer letters said those jobs were "permanent." Also, why can't a consulting job (Big 4/body shoppers/Desi cos) be considered "permanent?" A lot of ppl are on H1B/GC thru consulting companies...

[EB3_SEP04]

Originally Posted by saileshdude

In response to (3),

It will be difficult to prove that offer is legit thru some desi company and also the job offer's permanent nature will be questionable since you may have to prove how the job is permanent if the employer's main business is consulting. Anyway all this points should be considered when going with desi consulting companies.
Also

Dude, Please do not mislead people. it is in your mind that cunsulting job is not permanent, USCIS does not see it that way. EVERY JOB is permanent unless the offer letter says it is for a specific duration, you don't have to prove it. Even an offer letter from a friend's company opened yesterday with zero revenue is good enough provided the job duties are same/similar to what's in Labor cert. The ability to pay is not an issue at 485 level (it is at I140).

You are probably thinking "the employee will likely be fired when the project is over and company does not have any other projects ", and it is right, but it applies to EVERY company, if there is not enough business/revenue then even Google/Apple will lay off in thousands. Does that mean jobs at Google/Apple are not permanent? Also do you think consulting jobs at IBM, Microsoft are permanent ?

[MagUser]

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[jthomas]

1. Join the http://groups.google.com/group/ivjobhunters group.
2. Check employers who have hired on 2006, 07, 08 in your field. google their website and apply.
3. If you know of any open position other than the popular job boards. Post it in the above group

J thomas

[chanduv23]

Originally Posted by sankap

Do you really have to state (on the EVL) / prove that the offer is for a "permanent" job? How would that be different from an offer for a "regular" job? I've changed jobs on H-1B, and none of the offer letters said those jobs were "permanent." Also, why can't a consulting job (Big 4/body shoppers/Desi cos) be considered "permanent?" A lot of ppl are on H1B/GC thru consulting companies...

In my EVL RFE and many other similar RFEs - there is a question about prospect of the job. Basically, it is such a "non intelligent question". What is the prospect of any job? We can never tell. Usually we respond stating "Prospects of the job is good"

Only thing you have to be worried about AC21 when you are working on a w2 contract job with some company who will state "this is a contract for 6 months" instead of " permanant job with good prospect"

If you are self employed or employed in a permanant basis (even through a consulting firm who may hire you for a project but will continue with your services even if your current coontract gets over and places you in different contract) then you are fine.

[psaxena]

I have recently gone thru the lay off. Working with a high salary and position, pretty much was on the same boat as yours, Pending 485, working on H1B had EAD as well.

When the news cracked on my head , that I am the part of restructuring because of the recession, I felt "Jameen pairon tale sarak gayee" but I kept myself cool and started thinking in all the directions with in fraction of second.
First thing that came to my mind is I have to move on EAD. Second thing the company gonna revoke my H1B which may trigger RFE on EVL so I immediately made the counter for a month severance that was offered to extend it for 2 months with the same amount. There are 2 benefits of that - 1. You get the health coverage for you and your family for 2 months
2. The letter to the USCIS will be sent after 2 months enough time to search a job.

The third thing I did was to create a backup plan for the RFE, in case I get it. So I called a friend of mine who runs his own games development company to hire me temporarily, he said he can but wait till you get the RFE, otherwise there is no point on paying the taxes which you are not earning. Anyways there is enough time to reply the RFE.

So I got all my sides covered and then started looking for a job (actually before that I went on a vacation for a week to clear up my head.) and then I came back and got another job in 2 weeks. Also remember especially the desi companies will try to exploit the most of your situation. They are here to make profit off of everything. So never show that you are compromisable and desperate.
Like the one called me from NH and asked if I can work for 19$/Hr first I said no then he raised the billing amount and 21$/hr which I didn't agree to but he requested me to atleast go thru the interview, we can work it out and then he said you will have to come for F2F to NH at my own expense.. I hung up the call. There were few others on whom I brushed up my college days language.
The bottom line is right now who lost there jobs are not victims, but you will be a victim the moment you start compromising on not at all practical terms and conditions.
The other part is money, I hope everyone has enough savings for atleast 6 months of survival, use that wisely and try to make the most out of the unpaid vacation.
One simple thing, we all are really intelligent and very experienced, thats one of the reasons companies spend thousands of $$$ to get us here and our families. So no matter what , there will definitely be the companies who will be looking for this experience and intelligence.

If there are any dba looking for a job PM me. One of the department in my company is actively hiring right now. I saw the intranet Job portal, I think all the positions are thru internal referral only.

All the best guys..

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Some more red dots please

Originally Posted by jthomas

1. Join the http://groups.google.com/group/ivjobhunters group.
2. Check employers who have hired on 2006, 07, 08 in your field. google their website and apply.
3. If you know of any open position other than the popular job boards. Post it in the above group

J thomas

[harlyharly]

Very well said! Thanks for the info!

Originally Posted by psaxena

I have recently gone thru the lay off. Working with a high salary and position, pretty much was on the same boat as yours, Pending 485, working on H1B had EAD as well.

When the news cracked on my head , that I am the part of restructuring because of the recession, I felt "Jameen pairon tale sarak gayee" but I kept myself cool and started thinking in all the directions with in fraction of second.
First thing that came to my mind is I have to move on EAD. Second thing the company gonna revoke my H1B which may trigger RFE on EVL so I immediately made the counter for a month severance that was offered to extend it for 2 months with the same amount. There are 2 benefits of that - 1. You get the health coverage for you and your family for 2 months
2. The letter to the USCIS will be sent after 2 months enough time to search a job.

The third thing I did was to create a backup plan for the RFE, in case I get it. So I called a friend of mine who runs his own games development company to hire me temporarily, he said he can but wait till you get the RFE, otherwise there is no point on paying the taxes which you are not earning. Anyways there is enough time to reply the RFE.

So I got all my sides covered and then started looking for a job (actually before that I went on a vacation for a week to clear up my head.) and then I came back and got another job in 2 weeks. Also remember especially the desi companies will try to exploit the most of your situation. They are here to make profit off of everything. So never show that you are compromisable and desperate.
Like the one called me from NH and asked if I can work for 19$/Hr first I said no then he raised the billing amount and 21$/hr which I didn't agree to but he requested me to atleast go thru the interview, we can work it out and then he said you will have to come for F2F to NH at my own expense.. I hung up the call. There were few others on whom I brushed up my college days language.
The bottom line is right now who lost there jobs are not victims, but you will be a victim the moment you start compromising on not at all practical terms and conditions.
The other part is money, I hope everyone has enough savings for atleast 6 months of survival, use that wisely and try to make the most out of the unpaid vacation.
One simple thing, we all are really intelligent and very experienced, thats one of the reasons companies spend thousands of $$$ to get us here and our families. So no matter what , there will definitely be the companies who will be looking for this experience and intelligence.

If there are any dba looking for a job PM me. One of the department in my company is actively hiring right now. I saw the intranet Job portal, I think all the positions are thru internal referral only.

All the best guys..

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Some more red dots please