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

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  #91 (permalink)  
Old 09-18-2007, 12:12 AM
Member
Priority Date
:
Jul-04
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N/A
I140 Mailed Date
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:
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Join Date: Jul 2007
Posts: 72
loudoggs is on a distinguished road
Default Sent you a PM

I have sent you a PM. Please read it.

Quote:
Originally Posted by missourian View Post
Filed I-485 on July 31,2007, till date not received my receipt and my checks not en cashed either, Today I have been told my last day in the company would be September 28,2007.I have given following options, please advice

Options

1. Two weeks pay that's it I need to leave the company which leads me to one of GC processing(Having approved I140 with PD Dec 2004 in EB3)

2. I will be transferred to Indian operations of the same company ( I leaning towards this option) if I choose options they agreed to continue my GC, but since I filed for AOS is there any way convert my AOS application to consular processing?

Guys please advice
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  #92 (permalink)  
Old 09-18-2007, 01:46 AM
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Priority Date
:
Jan-05
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:
EB3
I140 Mailed Date
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:
India
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:
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I485 Mailed Date
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Join Date: May 2007
Posts: 79
missourian is on a distinguished road
Default Thank You

Hi loudoggs, I replied your PM waiting for your answer
__________________
Contributions $200 so far..

EB3 INDIA
1. Approved Labor with PD Dec 2004
2. Got I-140 approved April 2007 from NSC
3. Filed 485, EAD and AP on August 1st 2007 to NSC
4. Got all receipts from TSC RD 08/06/2007 ND 10/02/2007
5. Got EAD on 10/18/2007
6. Done FP and Got AP too
7.e-Filled EAD renewal
8. FP done for EAD renewal
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  #93 (permalink)  
Old 09-18-2007, 11:24 PM
Member
Priority Date
:
Jan-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: May 2007
Posts: 79
missourian is on a distinguished road
Default Bump

Anyone !!!
__________________
Contributions $200 so far..

EB3 INDIA
1. Approved Labor with PD Dec 2004
2. Got I-140 approved April 2007 from NSC
3. Filed 485, EAD and AP on August 1st 2007 to NSC
4. Got all receipts from TSC RD 08/06/2007 ND 10/02/2007
5. Got EAD on 10/18/2007
6. Done FP and Got AP too
7.e-Filled EAD renewal
8. FP done for EAD renewal
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  #94 (permalink)  
Old 10-02-2007, 08:09 PM
Senior Member
Priority Date
:
Dec-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Jun 2007
Posts: 452
indyanguy has a spectacular aura about indyanguy has a spectacular aura about indyanguy has a spectacular aura about
Default

A very surprising thing happened in our company today. Shocking it may seem, they laid off 5 employees in my department today without any notice. Today's happenings makes me want to gather as much info as possible in case something unexpected might happen.

I am a July 2nd filer of 140/485 concurrently. No I140 approval yet. Received AP and EAD for both me and my wife.

If I request my employer not to revoke I140, will I be able to use my EAD for my next job?

Can someone give suggestions on what other options I have if something terrible happens to me?

Thanks
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  #95 (permalink)  
Old 10-02-2007, 08:29 PM
Member
Priority Date
:
Feb-05
Category
:
EB2
I140 Mailed Date
:
01/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
01/01/2007
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Join Date: Jul 2007
Posts: 42
gaggu is on a distinguished road
Question Getting laid off before 180 days of RD (485)

I filed my 485 in July 11th and have received the 485 receipts. There is a possibility that I might get laid off before Jan 11 (180 days). My H1 B expires Nov 2008.

Questions

1. Can I stay legally in US if I get laid off in Oct 07 ?

2. How can I proceed with my Green Card process ?

I think this might be a repeat question, but would still like to get your thoughts.

Gagan
__________________
Got Greened on 07/01 after 11 years of US residence, now waiting for the card to show up.
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  #96 (permalink)  
Old 10-05-2007, 08:26 PM
Senior Member
Priority Date
:
Dec-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
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:
I-140
I485 Mailed Date
:
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Join Date: Jun 2007
Posts: 452
indyanguy has a spectacular aura about indyanguy has a spectacular aura about indyanguy has a spectacular aura about
Default

any help with my queries is really appreciated..

Quote:
Originally Posted by indyanguy View Post
A very surprising thing happened in our company today. Shocking it may seem, they laid off 5 employees in my department today without any notice. Today's happenings makes me want to gather as much info as possible in case something unexpected might happen.

I am a July 2nd filer of 140/485 concurrently. No I140 approval yet. Received AP and EAD for both me and my wife.

If I request my employer not to revoke I140, will I be able to use my EAD for my next job?

Can someone give suggestions on what other options I have if something terrible happens to me?

Thanks
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  #97 (permalink)  
Old 10-05-2007, 09:30 PM
Senior Member
Priority Date
:
Jul-03
Category
:
N/A
I140 Mailed Date
:
08/01/2004
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
04/10/2005
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Join Date: Jan 2006
Posts: 188
baburob2 is on a distinguished road
Default

To my knowledge you can leave your employer only after your I-140 has been approved and your I-485 has been pending for 180 days or more. However if your employer is able to continue ur GC as future employee till the I-140 is approved then you could transfer ur H1B to another employer . Plz check with an attorney though.
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  #98 (permalink)  
Old 10-05-2007, 09:33 PM
Senior Member
Priority Date
:
Jul-03
Category
:
N/A
I140 Mailed Date
:
08/01/2004
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
04/10/2005
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Join Date: Jan 2006
Posts: 188
baburob2 is on a distinguished road
Default

Quote:
Originally Posted by gaggu View Post
I filed my 485 in July 11th and have received the 485 receipts. There is a possibility that I might get laid off before Jan 11 (180 days). My H1 B expires Nov 2008.

Questions

1. Can I stay legally in US if I get laid off in Oct 07 ?

2. How can I proceed with my Green Card process ?

I think this might be a repeat question, but would still like to get your thoughts.

Gagan
If your I-140 is approved and if ur employer could continue ur GC for more than 180 days as a future employee you could work for another employer on H1B till then and then the new employer could take over ur GC process. However plz check with an attorney though.
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  #99 (permalink)  
Old 10-05-2007, 09:51 PM
Junior Member
Priority Date
:
Mar-05
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:
N/A
I140 Mailed Date
:
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:
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:
I-485
I485 Mailed Date
:
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Join Date: Oct 2007
Posts: 7
lostjob can only hope to improve
Default More clarifications needed... Please answer

I have been laid off yesterday. My employment ends Dec.
My 180 days expire Jan. My company said they will not revoke the I-140.

So can anyone explain the steps that needs to be taken by company B after they transfer my h1, for time period Dec thru Jan.

Can I use ac21 afterwards? and

Can myself or my wife work on the EAD that will come to our home address?.

What else needs to be done by company B.

Will we just get our green card in email.

If a query comes should I prove that I'm employed with the former company or is it to sufficient to show employment with similar position alone?

In short if the former company does not revoke I-140 and I take care of the status thru H1b transfer for the 1 month to hit 180 days, will I need to reapply for the GC?

Please advice to what you think is right based on your best knowledge.
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  #100 (permalink)  
Old 10-05-2007, 11:03 PM
Senior Member
Priority Date
:
Jul-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
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Join Date: Feb 2007
Posts: 1,120
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Default

Quote:
Originally Posted by lostjob View Post
I have been laid off yesterday. My employment ends Dec.
My 180 days expire Jan. My company said they will not revoke the I-140.

So can anyone explain the steps that needs to be taken by company B after they transfer my h1, for time period Dec thru Jan.

Can I use ac21 afterwards? and

Can myself or my wife work on the EAD that will come to our home address?.

What else needs to be done by company B.

Will we just get our green card in email.

If a query comes should I prove that I'm employed with the former company or is it to sufficient to show employment with similar position alone?

In short if the former company does not revoke I-140 and I take care of the status thru H1b transfer for the 1 month to hit 180 days, will I need to reapply for the GC?

Please advice to what you think is right based on your best knowledge.

you need to hope and pray no query for EVL comes until 180 days past your filing of 485. After that if you get a query you can show company Bs letter. the job in B needs to be in the same or similar position.
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  #101 (permalink)  
Old 10-08-2007, 05:40 PM
Junior Member
Priority Date
:
Oct-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Oct 2007
Posts: 3
legalservice is on a distinguished road
Default

Quote:
Originally Posted by lostjob View Post
I have been laid off yesterday. My employment ends Dec.
My 180 days expire Jan. My company said they will not revoke the I-140.

So can anyone explain the steps that needs to be taken by company B after they transfer my h1, for time period Dec thru Jan.

Can I use ac21 afterwards? and

Can myself or my wife work on the EAD that will come to our home address?.

What else needs to be done by company B.

Will we just get our green card in email.

If a query comes should I prove that I'm employed with the former company or is it to sufficient to show employment with similar position alone?

In short if the former company does not revoke I-140 and I take care of the status thru H1b transfer for the 1 month to hit 180 days, will I need to reapply for the GC?

Please advice to what you think is right based on your best knowledge.
You should be OK as long as you don't get a query. If the query is for the I-140, just send them the information they ask for without explaining too much. If the RFE is for the I-485, hopefully, you'd be able to show that you worked 180 days for your sponsoring company. You may want to consult an immigration attorney on this one.

Disclaimer: My opinion is the result of my immigration experience and free consultations with immigration attorneys as provided through legalserviceplans.info; however, it does not constitute legal advice.
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  #102 (permalink)  
Old 10-20-2007, 09:09 AM
Senior Member
Priority Date
:
May-03
Category
:
EB3
I140 Mailed Date
:
05/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/20/2007
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Join Date: Dec 2005
Posts: 294
indio0617 has a spectacular aura about indio0617 has a spectacular aura about
Default Job Change - Job Loss situation

Hi.

My friend's wife is in a tricky situation. She has an approved EAD through her husband's I-485 petition.

She was working with company A on her own H-1 and decided to quit employer A and join new company B on EAD. At the very last minute company B has rescinded her job offer. She now cannot return to former employer A as well.

Is she in any status violation if she justs sits at home with an EAD but no job for a few weeks ?

Can anyone share their views ?

Thank You.
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  #103 (permalink)  
Old 10-20-2007, 09:51 AM
Senior Member
Priority Date
:
Sep-05
Category
:
EB2-NIW
I140 Mailed Date
:
09/29/2005
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
09/29/2005
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Join Date: May 2006
Posts: 110
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Quote:
Originally Posted by indio0617 View Post
Hi.

My friend's wife is in a tricky situation. She has an approved EAD through her husband's I-485 petition.

She was working with company A on her own H-1 and decided to quit employer A and join new company B on EAD. At the very last minute company B has rescinded her job offer. She now cannot return to former employer A as well.

Is she in any status violation if she justs sits at home with an EAD but no job for a few weeks ?

Can anyone share their views ?

Thank You.
I do not see any issue here at all. Most of the housewives (including mine) and sons/daughter take EAD/AP and do not work. EAD is just an authorization, not a compulsion to work. Being legal here stems from the fact that her petition to adjust status (I485) is pending for decision from USCIS.
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  #104 (permalink)  
Old 10-20-2007, 10:06 AM
Junior Member
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
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:
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
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Join Date: Oct 2007
Posts: 4
sachi12 can only hope to improve
Default Please advise - urgent

Hi,
My H1B 6 years will be finished in February. My I140/485 were filed in August and I will be laid off on December 31. What options do I have now?

- My employer had filed my immigration papers at my current work location. They are willing to relocate me to different location but are not sure on the impact of change in address. Can I relocate with my current 140/485 filed for current address?

- Can my H1 be extended based on approved labor? I can then move to new location with same employer on renewed H1B and start the entire process again?

Thanks
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  #105 (permalink)  
Old 10-20-2007, 10:34 AM
Senior Member
Priority Date
:
Dec-04
Category
:
EB3
I140 Mailed Date
:
06/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
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I think you can transfer to the company's new address as a new job offer after 180 days of I485 application. You can consider AC21 for this new job. In this case you have to stay atleast 180 days in your current location after 485 application. If you cannot stay in this location for 180 days then you can transfer to the new location and apply labor and then 140 premium processing. If it get approved within your current H1 duration then you can transfer your old PD from previous application to your new application. In this case you need to get H1 extension immidiately so that you would be in valid status all the time.
Please discuss this with your attorney.


Quote:
Originally Posted by sachi12 View Post
Hi,
My H1B 6 years will be finished in February. My I140/485 were filed in August and I will be laid off on December 31. What options do I have now?

- My employer had filed my immigration papers at my current work location. They are willing to relocate me to different location but are not sure on the impact of change in address. Can I relocate with my current 140/485 filed for current address?

- Can my H1 be extended based on approved labor? I can then move to new location with same employer on renewed H1B and start the entire process again?

Thanks
__________________
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Last edited by Suva; 10-20-2007 at 10:42 AM.
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