knowDOL
06-20 07:14 AM
I hope supers789 gets the gist of retrogression and will plan his future accordingly for a way to live without GC for the next 3 or 4 years.
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WeShallOvercome
09-11 01:03 PM
I filed for 485 in July without EAD and AP document since my H1B is valid for another 2 years. In a month's time the most unfortunate thing happened. The company that sponsored my H1B/Green Card just got acquired. It is anticipated that as a result several people will get laid off including me. I have yet to recieve the reciept notice for 485. What happens when something like this happens 180 days before? What are my options if I were to get laid off?
1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.
Stay calm!!!
It's already about 2 months since you filed your AOS application.
Now you THINK that you might be laid off - Are you sure ?
But in any case, it's good to be prepared for the worst.
Apply for EAD/AP without wasting a minute (Just include your Fedex receipt or proof of delivery with your application and include a bright colored paper in your application and write the following on it:
Attn: Mail room
This I-765 application is in connection with the I-485 application filed on xx/xx/xxxx the receipt for which has not been received. The details of the I-485 application are:
Lastname
Firstname
DoB
Country
EB category
PD
"
After you have done that, Find a new employer and get your H1 transfer process started. It does not have to be approved for you to start working for the new employer, it just needs to be filed. But keep working for the current employer as long as possible.
If you are laid off, talk to the HR and make sure they keep your I-140 alive for atleast until 6 months have passed.
Even if you are laid off before 6 months, you'll be fine if your I-485 is not adjudicated within 6 months(it WILL NOT happen)..
You don't need to be on constant payroll after filing your AOS. Just that sometimes they send an RFE asking for recent paystubs, Which is not likley to happen in your case. A few weeks break is fine..What is your PD btw?
1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.
Stay calm!!!
It's already about 2 months since you filed your AOS application.
Now you THINK that you might be laid off - Are you sure ?
But in any case, it's good to be prepared for the worst.
Apply for EAD/AP without wasting a minute (Just include your Fedex receipt or proof of delivery with your application and include a bright colored paper in your application and write the following on it:
Attn: Mail room
This I-765 application is in connection with the I-485 application filed on xx/xx/xxxx the receipt for which has not been received. The details of the I-485 application are:
Lastname
Firstname
DoB
Country
EB category
PD
"
After you have done that, Find a new employer and get your H1 transfer process started. It does not have to be approved for you to start working for the new employer, it just needs to be filed. But keep working for the current employer as long as possible.
If you are laid off, talk to the HR and make sure they keep your I-140 alive for atleast until 6 months have passed.
Even if you are laid off before 6 months, you'll be fine if your I-485 is not adjudicated within 6 months(it WILL NOT happen)..
You don't need to be on constant payroll after filing your AOS. Just that sometimes they send an RFE asking for recent paystubs, Which is not likley to happen in your case. A few weeks break is fine..What is your PD btw?
eadguru
11-02 12:59 PM
I got the same queries guys.
i think most of vermont transferred applications are getting it.
i will also send color copies of all the documents mentined by you.
how do you have i 94 for all h1's. i just have my current one. rest all i gave it to immigration while departing to india.
appreciate any responses.
thanks,
srikanth
Sent the all the existing I 94's and Passport.
i think most of vermont transferred applications are getting it.
i will also send color copies of all the documents mentined by you.
how do you have i 94 for all h1's. i just have my current one. rest all i gave it to immigration while departing to india.
appreciate any responses.
thanks,
srikanth
Sent the all the existing I 94's and Passport.
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banta4u
07-13 04:23 PM
Looks like the PERMANENT SOLUTION was to allow all applicants to apply for AOS....but it's losing ground, it seems...
Looks like July 485 applications will be accepted soon....from the looks of it USCIS is admitting it's mistakes...
http://blogs.ilw.com/gregsiskind/
>>>>>>>>>>>>
BATTLE TAKING PLACE AT CIS OVER PRECISE REMEDY IN THE VISA BULLETIN MESS
I have been reporting on plans for USCIS to make a major announcement today or Monday regarding fixing the mess created by USCIS' not quite valid claim to have fully processed all remaining cases for the fiscal year.
Apparently, there are multiple camps arguing for different solutions, according to more than one of my sources with at least one side arguing for providing interim work and travel benefits without a visa number being available (the "permanent" solution), another arguing for only accepting adjustment applications for July and other possibilities as well. The "permanent" solution camp has apparently lost some ground since yesterday.
An announcement today is still possible which might make sense given the holding up of publishing of the Visa Bulletin and the deadline imposed by Congresswoman Lofgren. But obviously USCIS has to decide what it wants to do, check the legality, then draft and release a press statement.
I'll update you as I learn more.
Looks like July 485 applications will be accepted soon....from the looks of it USCIS is admitting it's mistakes...
http://blogs.ilw.com/gregsiskind/
>>>>>>>>>>>>
BATTLE TAKING PLACE AT CIS OVER PRECISE REMEDY IN THE VISA BULLETIN MESS
I have been reporting on plans for USCIS to make a major announcement today or Monday regarding fixing the mess created by USCIS' not quite valid claim to have fully processed all remaining cases for the fiscal year.
Apparently, there are multiple camps arguing for different solutions, according to more than one of my sources with at least one side arguing for providing interim work and travel benefits without a visa number being available (the "permanent" solution), another arguing for only accepting adjustment applications for July and other possibilities as well. The "permanent" solution camp has apparently lost some ground since yesterday.
An announcement today is still possible which might make sense given the holding up of publishing of the Visa Bulletin and the deadline imposed by Congresswoman Lofgren. But obviously USCIS has to decide what it wants to do, check the legality, then draft and release a press statement.
I'll update you as I learn more.
more...
m1801b
09-11 12:33 AM
Thanks for all the suggestions. Today, I discussed my option (H-1b extension and PERM) with a local lawyer. He mentioned that:
1. I can't recapture the time spent outside USA in the last 6 years for the new H-1 extension since I am currently in my 8th year of H-1 extension. I could have recaptured the time only if it was for 7th year extension.
2. If my employer transitions me to the new outsourcing company (my employer is transitioning all IT to this outsourcing company) instead of laying me off, my LC and I-140 won't remain the same since it is not a situation of acquisition or merger where the new company gets all liabilities from the old company. It will depend on the new outsourcing company whether to file a new petition for me or not.
3. If I am laid off with a severance pay (I know for sure that I would get 6 weeks of severance if I am laid off), I can show this amount as my usual salary for the next 1 and half months. This will give me ample grace period for doing the new H-1 and PERM with any new employer.
4. Even though my current H1 extension is valid for another 9 months only, the new H-1b petition with a new employer will get me 1 whole year of H-1b extension.
I felt that the the local lawyer (he is not 100% into immigration) was not 100% sure about the above things.
I am planning to talk to some other attorney (who is only into immigration) this weekend but I would appreciate any suggestions of you friendly and helpful folks over here in IV.
Some folks have suggested me to get a consulting from someone from Sheela Murthy.
Thanks you so much.
1. I can't recapture the time spent outside USA in the last 6 years for the new H-1 extension since I am currently in my 8th year of H-1 extension. I could have recaptured the time only if it was for 7th year extension.
2. If my employer transitions me to the new outsourcing company (my employer is transitioning all IT to this outsourcing company) instead of laying me off, my LC and I-140 won't remain the same since it is not a situation of acquisition or merger where the new company gets all liabilities from the old company. It will depend on the new outsourcing company whether to file a new petition for me or not.
3. If I am laid off with a severance pay (I know for sure that I would get 6 weeks of severance if I am laid off), I can show this amount as my usual salary for the next 1 and half months. This will give me ample grace period for doing the new H-1 and PERM with any new employer.
4. Even though my current H1 extension is valid for another 9 months only, the new H-1b petition with a new employer will get me 1 whole year of H-1b extension.
I felt that the the local lawyer (he is not 100% into immigration) was not 100% sure about the above things.
I am planning to talk to some other attorney (who is only into immigration) this weekend but I would appreciate any suggestions of you friendly and helpful folks over here in IV.
Some folks have suggested me to get a consulting from someone from Sheela Murthy.
Thanks you so much.
MetteBB
05-11 03:46 PM
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more...
STAmisha
09-30 05:53 PM
BUMP~
If somebody has an answer, please reply.
If somebody has an answer, please reply.
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sangmami
08-16 09:27 AM
we sent 3 seperate checks for each family member
more...
needhelp!
10-23 02:18 PM
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pappu
08-13 10:20 AM
Thanks Pappu for your reply.
I am not trying to get your status report. I do not want your battle plan either. I am trying to figure out if there is any ray of hope...
Yes there is no one-line amendment. But the objective of an amendment can be one line. That is what I mean. I saw many amendments before and am familiar with the political jargon. You are thinking that I am a novice when it comes to Immigration. That is ok and that is not the issue here.
Recently in one fundraising thread, I counted the number of retrogressed PD members contribution to others. Its in the ratio 1:5. The reason for this thread started at that time.
If members know that IV has the right strategy and right connections then the support to IV will be overwhelming. That is all I want to convey in the thread.
Thanks . We look forward to your participation in IV efforts. We currently have an action item to meet lawmakers. Please participate in that action item to get involved in the grassroots advocacy effort and know more how it works.
I am not trying to get your status report. I do not want your battle plan either. I am trying to figure out if there is any ray of hope...
Yes there is no one-line amendment. But the objective of an amendment can be one line. That is what I mean. I saw many amendments before and am familiar with the political jargon. You are thinking that I am a novice when it comes to Immigration. That is ok and that is not the issue here.
Recently in one fundraising thread, I counted the number of retrogressed PD members contribution to others. Its in the ratio 1:5. The reason for this thread started at that time.
If members know that IV has the right strategy and right connections then the support to IV will be overwhelming. That is all I want to convey in the thread.
Thanks . We look forward to your participation in IV efforts. We currently have an action item to meet lawmakers. Please participate in that action item to get involved in the grassroots advocacy effort and know more how it works.
more...
brb2
09-21 02:26 PM
As I see it, the 7% cap is nothing but a clear case of affirmative action on a global scale. Republicans would definitely support removing this cap if the debate was framed in this angle rather than to give relief to any particular country. Relief is to the business's in the US - the freedom for them to hire the best in the world not to forced in to affirmative action due to quotas in high skilled immigration.
without rising the current cap, increasing existing 7% limit will only lead to a worse retrogression in the ROW category.
without rising the current cap, increasing existing 7% limit will only lead to a worse retrogression in the ROW category.
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snathan
03-28 12:33 PM
Thanks, but will there be any charges against me for not filing the taxes before.
WIll it effect my immigration status.
I am not sure...check with a CPA.
WIll it effect my immigration status.
I am not sure...check with a CPA.
more...
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fide_champ
03-21 11:26 AM
Please see below for my answers..
I'm on H4. I have got an offer from a company and they will do my H1
I have few questions
1)How easy it is to transfer H1's to another company? What documents I need?
You'll have to file a Change of Status application with USCIS. If this is your first time H1-B, then you will be subjected to the cap.
2)Is it possible to convert back to h4? I have 2 kids so I might have to convert back to H4 from h1 if I cannot take the stress.
what documents do I need?Do I need to go out of US for this?
Yes, you can change your status to H4 from H1. You do not need to travel outside of US. You need to show that your spouse is maintaining proper status. You do not need to show your paystubs for this.
3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
Since you have already held H1-B status for a non-exempt employer, you are not subjected to the cap
I'm on H4. I have got an offer from a company and they will do my H1
I have few questions
1)How easy it is to transfer H1's to another company? What documents I need?
You'll have to file a Change of Status application with USCIS. If this is your first time H1-B, then you will be subjected to the cap.
2)Is it possible to convert back to h4? I have 2 kids so I might have to convert back to H4 from h1 if I cannot take the stress.
what documents do I need?Do I need to go out of US for this?
Yes, you can change your status to H4 from H1. You do not need to travel outside of US. You need to show that your spouse is maintaining proper status. You do not need to show your paystubs for this.
3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
Since you have already held H1-B status for a non-exempt employer, you are not subjected to the cap
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pamposh
08-05 02:26 PM
Filed 485 in vermont service center
--------------------------------------------------------------------------------
I sent my application to vermont based on the USCIS answering system on June 30th that folks with approved I-140s should send 485 applications to the center where it was approved. Any ideas, if there is a problem with that and if the app gets transferred how much time it will take.
anyone else in the same boat?
--------------------------------------------------------------------------------
I sent my application to vermont based on the USCIS answering system on June 30th that folks with approved I-140s should send 485 applications to the center where it was approved. Any ideas, if there is a problem with that and if the app gets transferred how much time it will take.
anyone else in the same boat?
more...
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waitforevergc
09-04 04:12 PM
Sadly, RFE's are the norm especially for folks in IT industry.
Also, when they submitted my H1 extension, our lawyer told us not to file under Premium as it might attract undue scrutiny, so we went normal process.
Also, when they submitted my H1 extension, our lawyer told us not to file under Premium as it might attract undue scrutiny, so we went normal process.
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ken
04-08 02:24 PM
Hello gurus
I filled my 485 in july fiasco at Nebraska service center. Today I recieved an online update on my and my wife case (485) saying that case has been transfered to miami,fl , the reason is because it falls under that jurisdiction.
I am EB3 India, PD Aug 2002.
I already recieved my EAD,AP
Let me know your thoughts or if some one else also recieve the same update.
Thanks in advance..
I filled my 485 in july fiasco at Nebraska service center. Today I recieved an online update on my and my wife case (485) saying that case has been transfered to miami,fl , the reason is because it falls under that jurisdiction.
I am EB3 India, PD Aug 2002.
I already recieved my EAD,AP
Let me know your thoughts or if some one else also recieve the same update.
Thanks in advance..
more...
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WeShallOvercome
07-23 02:14 PM
C. UHRMACHER @ 8:26am on July 2
No particular significance but I think it is just to relieve some nerves... If there are other applicants signed by the same person, you can be sure your file reached the right place :) (Or you are not alone if your lawyer screwed up and sent it to wrong address)
No particular significance but I think it is just to relieve some nerves... If there are other applicants signed by the same person, you can be sure your file reached the right place :) (Or you are not alone if your lawyer screwed up and sent it to wrong address)
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milind70
08-08 11:43 AM
It was less than year. See answers below..
I think there is a possiblity that they might not cross check you G325A with the consulate becuase DOS purges non immgrant applications whihc are one year old. Since there are so many applications filed by the time they go for this check your data may have been purged ( this is a very high possiblity ) as by the time this request is made it would december or so . As i heard that TSC will issue recipts by Oct End ,beofer cross checking g235A there are many checks and many other processes they need to follow. So this is a possiblity.
I think there is a possiblity that they might not cross check you G325A with the consulate becuase DOS purges non immgrant applications whihc are one year old. Since there are so many applications filed by the time they go for this check your data may have been purged ( this is a very high possiblity ) as by the time this request is made it would december or so . As i heard that TSC will issue recipts by Oct End ,beofer cross checking g235A there are many checks and many other processes they need to follow. So this is a possiblity.
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pappu
08-10 01:16 PM
Everyone. Calling and worrying about notices and checks is of no use. We are in constant communication with USCIS and they have told us that it will take about 40-60 days to clear the huge backlog for these notices and checks. So everyone needs to be patient. We have tried to explain several times but people keep opening threads or keep asking the same questions on various threads. Today everyone is tracking notices. Tommorrow we will all be tracking EADs and APs. By the time we get our EADs and APs, it will be time to apply for them again next year. So tracking of checks and notices will continue forever and will yield no productive result for our cause. We should be instead worried if the Greencard should come soon and if we dont have to keep applying for EADs and APs every year for the next 5-6 years. Is anyone worried about Namechecks and RFEs? Nobody. Instead of calling USCS we should be calling our lawmakers and ask them to fix the system. We should be working on making this rally successful so that we can all stop worrying about our notices and quickly get our greencards.
We should be worried that if the law does not pass soon, it is not likely to pass for another 2-3 years. And thus use that worry to help out with the rally.
Hope this helps reduce anxiety in everyone.
Please refer this post to anyone who is worried about notices and checks. It is mostly new members that are unaware of the history of the backlogs or the process worry about notices. Others then also start worrying about it seeing everyone worried and panic.
We should be worried that if the law does not pass soon, it is not likely to pass for another 2-3 years. And thus use that worry to help out with the rally.
Hope this helps reduce anxiety in everyone.
Please refer this post to anyone who is worried about notices and checks. It is mostly new members that are unaware of the history of the backlogs or the process worry about notices. Others then also start worrying about it seeing everyone worried and panic.
GC_LOOKIN
09-13 04:50 PM
All the checks have been cashed today :)and got the receipt numbers from the back of the check.
Received by NSC on July2nd at 9.01 AM signed by R.MICKELS
140 - NSC
Checks cashed today(september 13th)
Received by NSC on July2nd at 9.01 AM signed by R.MICKELS
140 - NSC
Checks cashed today(september 13th)
tpcool
05-31 10:21 PM
Thanks, this helps.
It would be helpful to know if anyone did this transition with the I-140 approval. Let us see if we get some more responses on this.
It would be helpful to know if anyone did this transition with the I-140 approval. Let us see if we get some more responses on this.