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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 08-16-2007, 06:25 PM
Member
Priority Date
:
Jan-06
Category
:
EB2
I140 Mailed Date
:
01/09/2007
Chargeability
:
India
Processing Stage
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I-485
I485 Mailed Date
:
07/17/2007
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Posts: 69
phillyag is just really nice phillyag is just really nice phillyag is just really nice phillyag is just really nice
Unhappy Filed I-1485, getting laid off !!

I have my H1-B expiring JAn 2008
Filed my 485 on July 17th.
I got married last week to file for my spouse
I will be getting laid off/ fired in 2 weeks.

I have I-140 approved. Have not filed for EAD as employer was not willing to do so as I have valid H1-1

What are my options ? I am shit scared and loosing sleep.

Please advise.
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  #2 (permalink)  
Old 08-16-2007, 06:29 PM
Member
Priority Date
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Oct-03
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EB3
I140 Mailed Date
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10/26/2005
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India
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:
07/13/2007
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Posts: 29
jai_immigration is infamous around these parts
Default

You can file for EAD your self, with just the proof of delivery of I-485, for cases filed between July1 to July17.This came in one of the USCIS FAQ, I believe it was FAQ2. After you get EAD, switch for another company and after 180 days apply for AC21.
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  #3 (permalink)  
Old 08-16-2007, 06:31 PM
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Aug-04
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Posts: 60
sgupta33 has a spectacular aura about sgupta33 has a spectacular aura about
Default I'm sorry

Hello,

I'm sorry to read about your situation. I would consult with a good immigration attorney to get the most accurate information on what your options are (sometimes it can help to consult with a couple of them to be sure you're getting the right information). Good luck!
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  #4 (permalink)  
Old 08-16-2007, 06:31 PM
Senior Member
Priority Date
:
Jul-03
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EB3
I140 Mailed Date
:
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:
India
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:
I-140
I485 Mailed Date
:
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Default File for EAD first

First file for EAD with your proof of deliveryof I-485, make sure your 485 is not withdrawed and File for H1B through a desi employer and make a switch to that employer, as soon as 7 months passes(one extra month for safety), invoke AC21 portability and hang in there, yu will get ur GC
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  #5 (permalink)  
Old 08-16-2007, 06:33 PM
Senior Member
Priority Date
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Mar-06
Category
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EB2
I140 Mailed Date
:
06/11/2006
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India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
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Default

Lot of people in same boat - There are a lot of IV members in same situation - please connect with each other on this issue and discuss
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  #6 (permalink)  
Old 08-16-2007, 06:33 PM
Senior Member
Priority Date
:
Mar-05
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EB2
I140 Mailed Date
:
05/13/2011
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India
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I-485
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:
06/29/2007
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diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute
Default Your Options ...

1) 1st of all find an employer and transfer your H1B asap. You should have 30 days at hand because after laying off
employers are allowed 15 days to keep the employee's H1B alive.

2) EAD doesn't depend on employer - File with on your own by spending $180 and 485 Filing Proof of USPS/Fedex.

There are some more options which you can take after this 485 rots for 180 days in Nebraska cold storage.

You are lucky that your 140 is APPROVED. I have seen peoples in similar position with pending 140 and got them out of waters. Dont lose your sleep - You are doing good !

Quote:
Originally Posted by phillyag View Post
I have my H1-B expiring JAn 2008
Filed my 485 on July 17th.
I got married last week to file for my spouse
I will be getting laid off/ fired in 2 weeks.

I have I-140 approved. Have not filed for EAD as employer was not willing to do so as I have valid H1-1

What are my options ? I am shit scared and loosing sleep.

Please advise.
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  #7 (permalink)  
Old 08-16-2007, 06:42 PM
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Jun-06
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gcformeornot will become famous soon enough
Default Approved 140

Can employer revoke/cancle approved 140? If yes make sure you cover that with you current employer.
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  #8 (permalink)  
Old 08-16-2007, 06:46 PM
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Jul-03
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Posts: 33
eyeopeners05@yahoo.com is on a distinguished road
Default What will happen if employer withdraws the I140 before 180 days expire ?

If employer withdraws or cancels the I140 before the 180 days , what will happen ?

How does I140 cancellation work. Does it have a backlog too. If it does and if it takes 6months or 5months, then people getting laid off after applying in july are good.

If 140 cancellation is quick, then even if you file 485 and EAD and you are in your second month, you loose your green card 485 application

((Alternative is you can file perm under a new employer(after getting a new h1), file I140 and port the priority date of the cancelled I140(if you have the original copy) and then file the 485 if you are current by then.

The loss in this situation is if your priority date is recent, you will not get the opportunity to file 485/ead till your date becomes current.
However, if your date is 2001/02 or even 03, you should be fine. ))
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  #9 (permalink)  
Old 08-16-2007, 06:47 PM
Senior Member
Priority Date
:
Mar-05
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:
EB2
I140 Mailed Date
:
05/13/2011
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:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
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Default gcformeornot - good reminder !

Sorry - i missed saying that.

But since this is a layoff instead of employee leaving generally employers dont show Hostility in their behavior and try to co-operate as much as they can within Legal Scope. "Employer H1B" must be revoked within 15 days of layoff but "Employer 140" can hang in there peacefully for ever as per law.

phillyag - Please doubleconfirm that with you Employer as gcformenot reminded.

Quote:
Originally Posted by gcformeornot View Post
Can employer revoke/cancle approved 140? If yes make sure you cover that with you current employer.
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  #10 (permalink)  
Old 08-16-2007, 06:50 PM
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:
Jul-03
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I140 Mailed Date
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:
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eyeopeners05@yahoo.com is on a distinguished road
Default I140 cancellation

Because firms lawyers want to keep their books clean, I140s are generally cancelled. Not sure though. What is the process of I140 cancellation. I dont get this info anywhere . Some said its just a letter.
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  #11 (permalink)  
Old 08-16-2007, 06:59 PM
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gcformeornot will become famous soon enough
Default About I-140, I read

Quote:
Originally Posted by diptam View Post
Sorry - i missed saying that.

But since this is a layoff instead of employee leaving generally employers dont show Hostility in their behavior and try to co-operate as much as they can within Legal Scope. "Employer H1B" must be revoked within 15 days of layoff but "Employer 140" can hang in there peacefully for ever as per law.

phillyag - Please doubleconfirm that with you Employer as gcformenot reminded.
on this forum from UnitedNations, that most companies try to clean up hanging 140s. Why because when they get RFEs for any other employee. USCIS asks them all sorts of questions how many H1/L1 you have, how many GC you filed, how many of those employees are still there, how many 140s you filed, are those employess still there?
So they try to keep their slate clean. I don't know about OP employer. But maybe Desi Employers have different practices.
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  #12 (permalink)  
Old 08-17-2007, 12:37 AM
Member
Priority Date
:
Jan-06
Category
:
EB2
I140 Mailed Date
:
01/09/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
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Join Date: Jan 2006
Posts: 69
phillyag is just really nice phillyag is just really nice phillyag is just really nice phillyag is just really nice
Unhappy Free Falling

I am also suppose to travel to India for my marriage ceremony end of this year? can I travel to India?

I believe I will get a indian consulting company to higher me.

Life is on a free fall at this moment
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  #13 (permalink)  
Old 08-17-2007, 12:55 AM
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jhegde is an unknown quantity at this point
Default I would try to convince not to revoke I-140 at least next 180 days

Even if the employer/attorney wants to keep their slate clean by revoking I-140, I would request them (if at all they want to revoke) to do it after the lapse of at least 180 days. There is no law which obligate employer to revoke their I-140 unlike H1-B petition.

This way their slate is clean and at the same time, they go "clean" in the minds of their former employee




Quote:
Originally Posted by gcformeornot View Post
on this forum from UnitedNations, that most companies try to clean up hanging 140s. Why because when they get RFEs for any other employee. USCIS asks them all sorts of questions how many H1/L1 you have, how many GC you filed, how many of those employees are still there, how many 140s you filed, are those employess still there?
So they try to keep their slate clean. I don't know about OP employer. But maybe Desi Employers have different practices.
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  #14 (permalink)  
Old 08-17-2007, 01:09 AM
Senior Member
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Apr-04
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Default

No life is not on a free fall.. not if you have faith.
Is your situation concerning?.. Yes. But not as bad as you think.
Breathe.. hang in there.
People have already given you the right piece of advice. Get on it.



Quote:
Originally Posted by phillyag View Post
I am also suppose to travel to India for my marriage ceremony end of this year? can I travel to India?

I believe I will get a indian consulting company to higher me.

Life is on a free fall at this moment
__________________
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  #15 (permalink)  
Old 08-17-2007, 01:14 AM
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GCchakravyuh is on a distinguished road
Default What If Employer Revokes 485, Inspite Of I140 Approved?

Can someone answer please?
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