meridiani.planum
10-19 08:46 PM
Dear Friends, my 140 just got approved at TSC (EB3-India, PD Feb 03, 140/485 filed in July 07). Given the current economic turmoil, my company may lay off people. I have a valid EAD till Oct 09. God forbid, if I can't find another job here after my layoff, is it legal to go to my home country (i.e., India) for a few months and then come back before Oct 09 to renew my EAD? Assuming the USCIS doesn't adjudicate my 485 while I'm away, could I have any problems at the port of entry (since I would be using Advance Parole but wouldn't have a job)?
Thanks.
GG_007
if you go back to your home country without a job, and you get an RFE for an employment verification letter, how are you going to respond to that?
Also note that earlier most RFEs had a response time of 12 weeks, starting from a few months ago the IO has the discretion to choose the response time. So for something like an EVL (which he would assume you can provide within a few days) you might only have a response time of 4 weeks... Also, its not necesasry that you get the RFE only when your PD is current, USCIS is continuing to process cases, and you can get an RFE even if your date is not current...
As some posters have mentioned, travel on AP has also troublesome for some people. No one that I know of has been denied entry, but IOs at some port-of-entries have insisted that travel on AP should be only for emergencies. Again, its just harassment due to unclear policies, no one that I know of has been denied entry.
Thanks.
GG_007
if you go back to your home country without a job, and you get an RFE for an employment verification letter, how are you going to respond to that?
Also note that earlier most RFEs had a response time of 12 weeks, starting from a few months ago the IO has the discretion to choose the response time. So for something like an EVL (which he would assume you can provide within a few days) you might only have a response time of 4 weeks... Also, its not necesasry that you get the RFE only when your PD is current, USCIS is continuing to process cases, and you can get an RFE even if your date is not current...
As some posters have mentioned, travel on AP has also troublesome for some people. No one that I know of has been denied entry, but IOs at some port-of-entries have insisted that travel on AP should be only for emergencies. Again, its just harassment due to unclear policies, no one that I know of has been denied entry.
FinalGC
05-10 04:50 PM
I do not think USCIS declares that as a status, since u r in "LIMBO" status when in EAD or doing adjustment of your status, from previous to current.
If something negative happens to your case...you immediately become illegal status......So this is why all lawyers recommend to keep your h1 status valid, when you file your 485. Getting into EAD is a risk, which some bold take and survive, others like me who try to play safe....stay on H1 until the 485 is approved.
If something negative happens to your case...you immediately become illegal status......So this is why all lawyers recommend to keep your h1 status valid, when you file your 485. Getting into EAD is a risk, which some bold take and survive, others like me who try to play safe....stay on H1 until the 485 is approved.
punjabi77
08-18 11:27 AM
does anyone know to whom should i report the issues i have with my previous employer?
it is regarding the salary and unpaid dues..
it is regarding the salary and unpaid dues..
copsmart
02-21 07:36 PM
I feel sorry for your situation, and I know how difficult it is, because I am pretty much on the same boat (I mean, we have a newborn too, 4 weeks old). Except, I recently lost my job and got some severance pay for February. Plus, I took advantage of the law and collected some money from my employer for the return ticket. I ask them to pay cash rather than buying me the actual ticket. So, I do have some time to breath.
I am actively looking for a job right now, and the only thing happening is the meetings with the recruiters every so often. If you call a recruiter, they will obviously want to see you in person before they submit your resume. Time goes by so fast, it�s been a month already, no client interviews yet.
But, I do see some positions open for my skill set, it�s not so dry. So, I haven�t lost my hope yet.
Anyway, I�ve decided not to look for a H1 sponsor anymore, because it is going to be a total waste of time in this tough economy. I�m only looking to use my EAD. I�m ready to relocate, if the job is in a different location. I�ve also decided to take a pay cut, if at all necessary.
So, that�s my side of the story�
BTW, if you have made up your mind to go back to your home country, why can�t you take advantage of the unemployment benefits? Some states like Massachusetts even pay your COBRA premiums when you apply for unemployment. Because, that will give you some more time to survive.
I hope you will find a job pretty soon. Good luck and take care of the newborn.
God bless the Jobless!!!
>>Looks like you are on EAD. Are you still finding it difficult to find a job?
If I am on H1, I could have already packed my bags.
Here is the temporary crisis for me.
With out a job, cash is running out. Needs to pay attention to my newborn. getting interviews are tough. hopefully something comes in another 1,2 moths.
I am actively looking for a job right now, and the only thing happening is the meetings with the recruiters every so often. If you call a recruiter, they will obviously want to see you in person before they submit your resume. Time goes by so fast, it�s been a month already, no client interviews yet.
But, I do see some positions open for my skill set, it�s not so dry. So, I haven�t lost my hope yet.
Anyway, I�ve decided not to look for a H1 sponsor anymore, because it is going to be a total waste of time in this tough economy. I�m only looking to use my EAD. I�m ready to relocate, if the job is in a different location. I�ve also decided to take a pay cut, if at all necessary.
So, that�s my side of the story�
BTW, if you have made up your mind to go back to your home country, why can�t you take advantage of the unemployment benefits? Some states like Massachusetts even pay your COBRA premiums when you apply for unemployment. Because, that will give you some more time to survive.
I hope you will find a job pretty soon. Good luck and take care of the newborn.
God bless the Jobless!!!
>>Looks like you are on EAD. Are you still finding it difficult to find a job?
If I am on H1, I could have already packed my bags.
Here is the temporary crisis for me.
With out a job, cash is running out. Needs to pay attention to my newborn. getting interviews are tough. hopefully something comes in another 1,2 moths.
more...
reddog
03-09 11:22 AM
I think she need to fill I-9 form to switch to EAD and thus switching out of H1.
Right now she is on H1 as well as AOS.
incorrect thought.
I-9 is a Employment Eligibility Verification form that stays with the Employer.
She is considered to be on an AOS status. nothing to be done.
Right now she is on H1 as well as AOS.
incorrect thought.
I-9 is a Employment Eligibility Verification form that stays with the Employer.
She is considered to be on an AOS status. nothing to be done.
watzgc
04-22 08:06 PM
i had the same situation. your friend can apply for H1-B coz he is already counted. He'll loose whatever time that he is used on EAD and get the remaining time that is left on his 6 year period. If 6 years is already passed, he can still file for H1-B based on labor, 140 approval. In my case, my H1-B got denied coz of employer issues and i have an another H1-B with another company. Mean while i have filed AC21 with my new employer to be able to work..Hope this helps..
Hi Sankar,
Can one apply for another h1b if h1b extn not come thru and h1b already expired ?
Hi Sankar,
Can one apply for another h1b if h1b extn not come thru and h1b already expired ?
more...
svr_76
11-27 05:16 PM
Well...so now they have added addln staff to handle the annual load (1 - 1.3 mil) EAD/AP requests....
TomPlate
07-05 12:47 PM
Did you guys called... Senior Members please call or search from
www.switchboard.com
www.switchboard.com
more...
sweet_jungle
10-23 01:02 PM
so brooklyn then?
it is in west coast, my dear. I am surprised that nobody wants to answer the question.
nobody seems to be interested in MBA
it is in west coast, my dear. I am surprised that nobody wants to answer the question.
nobody seems to be interested in MBA
forever
07-23 04:08 PM
There was no mention of travellers going out of the country without receipt notice.
more...
GCwaitforever
09-22 04:16 PM
So can I ask my colleague to send me a notarized experience letter ?
Notarizing means taking an oath in front of a notary. Also be aware that notary is done for documents not in the public domain. Your freind better be sure of what he is vouching for. Otherwise he will get into trouble.
Why would not your ex-employer sign your experience letter? HR department of every company once in a while receive requests like this from ex-employees and they should not have a problem with it.
Notarizing means taking an oath in front of a notary. Also be aware that notary is done for documents not in the public domain. Your freind better be sure of what he is vouching for. Otherwise he will get into trouble.
Why would not your ex-employer sign your experience letter? HR department of every company once in a while receive requests like this from ex-employees and they should not have a problem with it.
MYGCBY2010
10-02 05:25 PM
Filed in Nebraska...Went to CSC... Got my Receipt Number Sept last week...
more...
gc_check
06-26 04:20 PM
Please take the above poll.
In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.
Depends on the employed company's policy and the agreement given to you initially with this regards. My company policy is they will cover all expenses/fees related to Green Card, except for I-131 for employee. This has to be taken care by employee themselves. For dependents they will NOT cover any expenses/fees and we have to pay, but they will do the paper work and will file for you. We have to just pay the appropriate fees. Also we do not have external law firm doing the paper work, the company has its own legal department with immigration attorney's who does the paper work.
In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.
Depends on the employed company's policy and the agreement given to you initially with this regards. My company policy is they will cover all expenses/fees related to Green Card, except for I-131 for employee. This has to be taken care by employee themselves. For dependents they will NOT cover any expenses/fees and we have to pay, but they will do the paper work and will file for you. We have to just pay the appropriate fees. Also we do not have external law firm doing the paper work, the company has its own legal department with immigration attorney's who does the paper work.
illusions
07-11 12:57 PM
Called her. But she is interviewing Ashish who is in Manhattan, and even though i'm not Indian and since i'm working in Westchester (about 10~15) miles from the city she would not be able to conduct the interview.
I urge that anybody who is not Indian and in Manhattan to please call her.
I urge that anybody who is not Indian and in Manhattan to please call her.
more...
bbenhill
10-06 08:29 PM
^^^^
sdrblr
02-02 10:16 PM
Don't worry about it. Infact I had 3 different numbers..one for EAD on F1, 140 and 485.
The 485 and EAD (GC based) had the same number. When ever I had to apply for AP or EAD (did only once as I always had H1), I used the one on 485 receipt as this is what I have on my GC.
I was under the impression that I will have only one A#... apparently I was wrong :)..many people said go take an infopass, get it consolidated etc.. I think this will mess up things than clearing it going by their efficiency.
Forget about the one on 140....always use what they gave you on 485 receipt... leave the consolidation part to them.
The 485 and EAD (GC based) had the same number. When ever I had to apply for AP or EAD (did only once as I always had H1), I used the one on 485 receipt as this is what I have on my GC.
I was under the impression that I will have only one A#... apparently I was wrong :)..many people said go take an infopass, get it consolidated etc.. I think this will mess up things than clearing it going by their efficiency.
Forget about the one on 140....always use what they gave you on 485 receipt... leave the consolidation part to them.
more...
morchu
05-13 09:50 AM
I have no question about that. The immigration intent was proven at the time he filed 140.
But intent is not something which stays forever.
In another way, even after filing 485 (or even after GC), staying outside of US for lengthier period of time itself is considered as an intention not to permanently stay in US, and can be used as a reason to revoke GC. So in a way USCIS interprets long absence from US as an intention of not immigrating (even if it is for a completely separate cause).
I know that one of my friends parents after getting GC, revoked them, and later wanted to visit their son and got approved for visitor visa.
I know it may not be easy, but all I am saying is "it is NOT a closed door". The argument should be "intent was there but not now". And it is on the applicant's shoulder to prove, "why not now".
"immigrant intent" is proven/shown when and if one files "immigrant petition"
But intent is not something which stays forever.
In another way, even after filing 485 (or even after GC), staying outside of US for lengthier period of time itself is considered as an intention not to permanently stay in US, and can be used as a reason to revoke GC. So in a way USCIS interprets long absence from US as an intention of not immigrating (even if it is for a completely separate cause).
I know that one of my friends parents after getting GC, revoked them, and later wanted to visit their son and got approved for visitor visa.
I know it may not be easy, but all I am saying is "it is NOT a closed door". The argument should be "intent was there but not now". And it is on the applicant's shoulder to prove, "why not now".
"immigrant intent" is proven/shown when and if one files "immigrant petition"
trictrac
09-08 12:34 PM
I am too in same boat, just numbers here and there. Infact my employer has done this to all his guys. He is minting... man!!! yours is atleast asking for contract, mine just said give me flat cash, n no paperwork. he says he will return, but you know who returns.
also he changed name of the company and so all the approved 140s has to be reapproved so all are again stuck.
also he changed name of the company and so all the approved 140s has to be reapproved so all are again stuck.
SL%%
08-18 09:27 PM
hi sl
which service center is processing your application ?
nsc
which service center is processing your application ?
nsc
gc_check
11-26 05:31 PM
As far as I know, if you re-enter using AP, you should just be fine..I would not get the H1B stamp and enter on H1....
I'm not an expert on this, Remember reading in the forum, you can go to local USCIS office with the approval letter if you have one already and get stamped in passport.
On other thread, also read you can reenter using AP and the IO in the POE will tell you that your Petition has been already approved and will let you in.
Please verify this with an attorney.
I'm not an expert on this, Remember reading in the forum, you can go to local USCIS office with the approval letter if you have one already and get stamped in passport.
On other thread, also read you can reenter using AP and the IO in the POE will tell you that your Petition has been already approved and will let you in.
Please verify this with an attorney.
rajuseattle
08-12 08:35 PM
Sab,
If you do the paper file for which you submit all the initial evidence and supporting docs, you dont need to do finger printing.
but if you do e-file then you will have to go for finger printing.
Anytime you do your finger printing it is valid for about 15 months.
For me too I gave my finger prints in Nov 2007, but still USCIS sent me FP notification for code2 Finger printing.
by the way USCIS's RFE for me turn out to be that they dont have my code-2 finger prints in their system, so they need to know the details about my FP appointment and what's the schedule.
USCIS processing is really goofed up for e-filed applicants.
This is my personal expereince and their are lot of other folks who filed around the same time frame are facing the RFEs for fingerprints.
anyways i am going to respond to my RFE once i complete my biometrics on august 22nd 2008, by that time i will have the acknowledgement from the Seattle, ASC that they indeed complete my code-2 FP for the EAD purpose.
If you do paper based EAD renewal, you will receive EAD cards but it says fingerprints not available. As long as your employer is accepting the EAD cards it doesnt matter wether its with fingerprints or without fingerrints.
I hope this helps.
If you do the paper file for which you submit all the initial evidence and supporting docs, you dont need to do finger printing.
but if you do e-file then you will have to go for finger printing.
Anytime you do your finger printing it is valid for about 15 months.
For me too I gave my finger prints in Nov 2007, but still USCIS sent me FP notification for code2 Finger printing.
by the way USCIS's RFE for me turn out to be that they dont have my code-2 finger prints in their system, so they need to know the details about my FP appointment and what's the schedule.
USCIS processing is really goofed up for e-filed applicants.
This is my personal expereince and their are lot of other folks who filed around the same time frame are facing the RFEs for fingerprints.
anyways i am going to respond to my RFE once i complete my biometrics on august 22nd 2008, by that time i will have the acknowledgement from the Seattle, ASC that they indeed complete my code-2 FP for the EAD purpose.
If you do paper based EAD renewal, you will receive EAD cards but it says fingerprints not available. As long as your employer is accepting the EAD cards it doesnt matter wether its with fingerprints or without fingerrints.
I hope this helps.
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