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  • lfadgyas
    01-13 09:42 AM
    Assuming (but hope not) you will be laid off:

    1) If I get laid off and my employer cancels the h1b, Am i out of status?

    No. First of all your employer will not cancel your H1b � i.e. as far as I know they do not have to report this. Of course as of your employment is terminated your H1B is useless since it is connected to the old employer. So in a simple way you can not use it for new employment (unless you find other employers willing to help you transfer your H1B � it is possible but probably hard to find one at this time, and I guess you need to initiate this while you are still employed�-not sure)

    As far as your immigration status: since your i485 is pending you are not out of status. Unfortunately you are in an inconvenient status � if between jobs they ask for Employment verification or some other stuff and you can not proof that
    i) you are working for your sponsoring company OR
    ii) working for an other one (certain rules here see EAD/AC21 topics ) OR
    iii) have an offer letter for some company who willing to employ you when you receive your CG
    well, then you will have issues�

    2) Can they cancel my approved i 140?

    I believe: no they can not. They can of course report that there was some fraud and you misused them to get a GC and so on � and this case i140 will be revoked. But why would they do this? If this is a layoff situation they will not care about your h1b/labor certification � whatever. They �costsaving� and they let you go � any other thing will incur extra cost for them�

    But before you go: try to get the approval letter from the company (and ALL other documents they might hold regarding your case, Copies etc.).

    3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?

    Not sure � as I mentioned before you are not out of status (until your application is pending) so in theory you can be here without a job and use your savings till you run out cash or they will request some evidence about your employment�
    So in practice you need to find a job as soon as you could. If you have valid EAD it should not be an (immigration) issue.

    So here it is:
    -Collect your immigration papers;
    -Check your EAD exp date! If it is close (120days) try to renew it with your old company right know!
    -Check your AP exp date if you have one and renew it while you are employed/ apply for one if you do not have it.
    -Search for a job: make sure you go by the AC21 rules (need to be same or similar job etc ).
    -If you are the primary applicant do not apply for unemployment benefits (Could be that you can and will receive some benefits � but somewhere I�ve seen this warning)
    -If you move: report your new address!





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  • new_horizon
    08-27 09:30 AM
    Thanks guys for response...
    so basically in short....
    I can aply for visitors visa an visit cananda while my PR is in proceess right..??

    You can visit Canada when your PR is pending, provided you have a valid visitor visa. They'll issue you a visitor visa even though your PR App is pending.
    However once your PR app. is approved, you can only apply for a immigrant visa, and get into Canada as a Landed immigrant. From posts from another thread what I understand is you can return to US soon after you land in Canada as a Landed immigrant. Hope this clarifies.





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  • transpass
    08-01 12:42 PM
    I am pleasantly surprised and would like to thank Sen Menendez on behalf of all the IV members in his constituency for sponsoring visa recapture bill in Senate. Few days back when we called his office, his position was different. But because of we all calling and requesting for his support, he graciouly has agreed to take up our case. Speaking with his staff, I came to know that more than thousand calls were made to his office in support of the visa recapture bill.

    This is just my thinking...

    Sen Menendez vigorously supports family based immigration...I watched the failed comprehensive immigration debate on senate floor almost in its entirety. There, he was like a lone warrior arguing against the senators (Like Sessions) who said CIR bill encourages chain migration, etc...He was totally supporting visas that enable family reunions.

    hr 5882 supports recapture of lost family based visas along with those of employment based. So no surprise Sen Menendez introduced the senate version of the house bill...And that's good for us...and we will take it...





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  • royus77
    05-22 04:31 PM
    Good question , I also want to know more on this as i am thinking of moving . Is there any hard date where USICS stop accepting I 140 petitions ?



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  • Gravitation
    03-06 02:19 PM
    I say EB3 India will move to Jan 1st 2002.





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  • a_dips_1999
    06-16 05:39 PM
    Hi,
    I applied for my Perm on March 11, 2008. I haven't heard back from DOL yet. Can my employer send a letter to the congress man to enquire about this case. Is there a format for such a letter.

    any help/feed back is appreciated

    thank you
    Dips



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  • coolest_me
    01-14 04:50 PM
    I used this charity to donate. It accepts only paypal.

    Hope for Haiti, (http://www.hopeforhaiti.com/)





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  • gc12292004
    09-11 04:53 PM
    Taken second FP on 09/03/2009 and waiting!!!



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  • gbof
    08-01 08:31 PM
    Thank you for your valuable input.
    So in other words, visa numbers for the entire family are NOT assigned right away with the family if one has to go for an interview. The worst part was that the interview was due to a missing medical which was filed by us but misplaced by USCIS.

    Re. 8 C.RR. Sec. 205.1(a)(3)(i)(C) is for Family based visa, hers is EB based (piggy backing on mine) Does this mean I should really consider filing a 130 to convert to family based?

    Congressman can't help in ending this "humanitarian" trauma while I am still alive?

    You seem o be enormously worried. Everyone knows dealing with uscis is a torture of a different kind. I will say Just relax and have good faith.

    God Bless Our Family





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  • bobzibub
    04-29 09:03 AM
    Can you please explain why it is utter nonsense? I think you have very strong reasons for saying so. Would like to hear from you.

    Thanks!

    The original quote: puts the priorities of illegals above those of Citizens and legal people

    There is no allowance for "illegals" in the legal system. They are basically tarring roofs and picking crops with no government protection for their safety etc. The crap jobs are always the worst for this sort of thing. And since they are "exploitable" it is essentially a subsidy for business to hire them.

    Is there *any* case where an "illegal" has superior rights to a Citizen? I don't think so. The statement is nonsense.



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  • amslonewolf
    05-11 02:06 PM
    http://www.visalaw.com/teleconform.html

    Please post and email this question at the above teleconf..

    I already did.





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  • rimzhim
    06-07 11:48 PM
    www.msnbc.com
    www.cnn.com

    Cheers!
    You mean rust in peace !!!!!!!:D :D :D



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  • eb3retro
    04-20 03:39 PM
    i have a question to you guys..how much time NSC is taking these days to process AP applications? I sent my AP application online and documents last week. Whats the average time these days for getting AP renewal done? any inputs???





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  • go_guy123
    05-14 06:13 PM
    It is time to pass the DREAM Act.

    DREAM Act is held hostage up by the CIR advocates just like skilled immigration.

    But the repeated failures will weaken the CIR coalition as some Latino organizations
    like MALDEF have grudgingly started thinking about piecemeal options.

    Dream act gives GC to illegals brought here as children by illegal parents. But then why shouldn't non-USC children of H1B get
    GC before non-USC children of illegals. It is extremely hard to justify illegals are ahead of line of legals. But legals themselves
    are so massively backlogged that asking illegals to go to the end of the line behind legals means nothing (practically) for illegals
    amnesty advocates. H1Bs/EBs will put up with the country quota pain but La Raza et al will never buy that.

    In fact, it is hard core anti-amnesty camp that is using the "piecemeal" strategy and winning again and again by ratcheting up the pressure through piecemeal bills like REAL ID act, Arizona law and its copy cat in different states.



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  • baba84
    04-30 11:38 AM
    We are a small group, and most of our provisions are reasonable, and hopefully we can get our provisions passed. I wish the same for the undocumented too. If it happens in one bill all the better!





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  • santa123
    07-30 11:43 PM
    Hello,

    I just received RFE for I-140.
    I-140 Details:
    I have applied I-140 under EB2 India.
    I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
    Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.

    In labor(PERM) we mentioned Masters required
    & Major field of study is Computers.

    Do I qualify for EB2?? Plz let me know.

    RFE details:
    1) Degree evaluation(what's the procedure?)
    &
    2) They want most recent W2 for 2007.

    In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.

    In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.

    Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
    Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
    Is this a serious problem???

    My labor already got approved.
    My company is financially very good.

    Now which wage USCIS consider or match with W2??

    I will really appreciate your response.

    Thanks.

    Didn't you submit your education eval when you filed your 140?
    Is this in addition to the one you sent?
    Get proper eval done ASAP and send it out. Try one or two evals even. Course by course cld be waste of money.

    Didnt you submit the W2 copies also?
    Looks like this could be just a case of missing docs... Dont worry...
    Good luck!



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  • crystal
    08-02 01:06 PM
    if you want to get something from India. I think DHL is ok so far for me. But make sure that you are shipping it from the DHL main center .Never ever do it from normal (shop)braches as they would take their own sweet time to deliver them to main center.

    I was wanted to know what is the best way to get something from India, please share if you had any experience.

    thanks





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  • kbsyed61
    04-23 02:20 PM
    June 31?





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  • Sachin_Stock
    08-24 12:35 PM
    Hey man, thats cool that at least they asked you some questions, or RFE. Some movement in ur case, somewhere!!

    I am Eb3 with PD Jan 2004 and I am totally in dark :(





    edaltsis
    07-22 01:11 PM
    What do you mean "both the employers are consultant" ? When they employ you and you work on assignments for them, you become a "consultant" for them. Consultant means "An expert who gives advice", considering you good at the subject you are called an expert.

    Without knowing anything about the company no one will be able to suggest you which is good or bad. Apart from the salary & the benefits they offer, you have to take a decision.





    belmontboy
    09-15 02:53 PM
    Any ideas? (My wife and son are in india now).
    Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.

    Sharab & Kabab.



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