shruthii_1210@yahoo.com
09-30 12:07 PM
Hi,
I received my EAD recently ,I-140 got approved (separate filing) last year and 485 still pending (not reached 180 days so far).
Now i have the following questions.
1) If anything happens like layoff with my current employment , is it possible to use AC21 wihin 180 days of 485 filing may be with the similar new job?
2) I have worked a for the past 5 years in this country, and how come bcz of my current company lays me out then my 485 will get affected?
3) if it is not possible to use ac21 , can i join another company to apply for a new LC , I140 ,I485 again, if so i have only 1.5 years left .. is that okay ?
4) I cannot get the LC copy also from my employer if at all i want ti use ac21?
Advance Thanks for your replies ...
Thanks
karthik
I received my EAD recently ,I-140 got approved (separate filing) last year and 485 still pending (not reached 180 days so far).
Now i have the following questions.
1) If anything happens like layoff with my current employment , is it possible to use AC21 wihin 180 days of 485 filing may be with the similar new job?
2) I have worked a for the past 5 years in this country, and how come bcz of my current company lays me out then my 485 will get affected?
3) if it is not possible to use ac21 , can i join another company to apply for a new LC , I140 ,I485 again, if so i have only 1.5 years left .. is that okay ?
4) I cannot get the LC copy also from my employer if at all i want ti use ac21?
Advance Thanks for your replies ...
Thanks
karthik
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logiclife
08-21 06:07 PM
Some people have said that employers will never agree to employee hiring their own lawyers if they are already having a company retained lawyer that they are using for all employees.
While employers who tend to provide free lawyers with the intention of controlling and stalling your immigration process will not agree with the idea of you having your own lawyer there is a possible way out.
For this, there are 2 solutions:
1. If you are already with this employer:
If you are already with the employer and represented by company's lawyer, then you need to change your lawyer. To do that, you need to negotiate this new arrangement at the time when your employer is most vulnerable and most amenable to bend to your terms. If you pick up the phone one fine morning and start arguing with your employer for changing your lawyer, that wont work.
You need to get your employer for negotiating tough things when you have just signed up for a new project. There is a very brief window of opportunity in consulting business when the individual has most bargaining power and the employer has the least. The time period between the contract (corp to corp or direct contract) getting signed between parties for a project and the time you report to the project physically. This short window of time, for 2-3 days (or maybe a week) is the time, when your employer cannot afford to dissolve the contract and fire your or let you go on your own way. HE WOULD THEREFORE NEGOTIATE with you about changing to a new lawyer who doesnt have conflict of interest. If he doesnt negotiate with you, then he risks losing the project, losing the reputation with client or preferred vendor (the middle party who is more close to client) as well as all future business opportunities. That is a loss no businessman (desi or American) can tolerate. So even his daddy will come on negotiation table and agree to your terms, whether its getting a new conflict-of-interest-free lawyer or getting a raise or getting moving expenses etc. USE THAT OPPORTUNITY.
2. If you plan on joining an untrustworthy employer in future:
When joining a new employer, if you have the luxury of joining and picking your employer before you quit your current job, then sure, ask them for all the terms, including your own independent lawyer, otherwise tell them "No deal". If you are a good hire for them, they will agree to terms. But you need to do that BEFORE you even transfer your H1. So that that record is straight from the get-go.
While employers who tend to provide free lawyers with the intention of controlling and stalling your immigration process will not agree with the idea of you having your own lawyer there is a possible way out.
For this, there are 2 solutions:
1. If you are already with this employer:
If you are already with the employer and represented by company's lawyer, then you need to change your lawyer. To do that, you need to negotiate this new arrangement at the time when your employer is most vulnerable and most amenable to bend to your terms. If you pick up the phone one fine morning and start arguing with your employer for changing your lawyer, that wont work.
You need to get your employer for negotiating tough things when you have just signed up for a new project. There is a very brief window of opportunity in consulting business when the individual has most bargaining power and the employer has the least. The time period between the contract (corp to corp or direct contract) getting signed between parties for a project and the time you report to the project physically. This short window of time, for 2-3 days (or maybe a week) is the time, when your employer cannot afford to dissolve the contract and fire your or let you go on your own way. HE WOULD THEREFORE NEGOTIATE with you about changing to a new lawyer who doesnt have conflict of interest. If he doesnt negotiate with you, then he risks losing the project, losing the reputation with client or preferred vendor (the middle party who is more close to client) as well as all future business opportunities. That is a loss no businessman (desi or American) can tolerate. So even his daddy will come on negotiation table and agree to your terms, whether its getting a new conflict-of-interest-free lawyer or getting a raise or getting moving expenses etc. USE THAT OPPORTUNITY.
2. If you plan on joining an untrustworthy employer in future:
When joining a new employer, if you have the luxury of joining and picking your employer before you quit your current job, then sure, ask them for all the terms, including your own independent lawyer, otherwise tell them "No deal". If you are a good hire for them, they will agree to terms. But you need to do that BEFORE you even transfer your H1. So that that record is straight from the get-go.
coopheal
03-13 10:12 AM
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
I know from my company lawyers that if employee leaves the company they have to inform USCIS about the leaving by requesting to cancel the H1B.
I am not sure why you company would like you to move from H1B to EAD?
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
I know from my company lawyers that if employee leaves the company they have to inform USCIS about the leaving by requesting to cancel the H1B.
I am not sure why you company would like you to move from H1B to EAD?
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ambals03
03-10 04:54 PM
I transfered last week, I got msg saying it has been remitted today. No issues.
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bsbawa10
08-03 06:41 AM
The answer is yes. you can get inifinte 3 year extensions . I am one of the examples myself.
skynet2500
07-09 12:35 PM
DOS issued one more bulletine today on 9th July 2007 !!!!!!!!!!!!!
Please post the link. What is new anyways in this?
Please post the link. What is new anyways in this?
more...
yabadaba
06-30 03:23 PM
Gautam Agarwal...who was planning on going to Wharton based on the july bulletin... have you heard anything from the ombudsman office on this speculation of retrogression???
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pappu
09-08 01:29 PM
*
Pls get in touch with your chapter leads and they will answer every question you have. It seems you are from NC. Pls get in touch with Ramus. He will talk to you and answer your questions. Thanks for coming to the rally.
Pls get in touch with your chapter leads and they will answer every question you have. It seems you are from NC. Pls get in touch with Ramus. He will talk to you and answer your questions. Thanks for coming to the rally.
more...
natrajs
08-18 04:26 PM
Mine Got approved in 6 Days in TSC
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pappu
01-01 02:47 PM
Congrats and thanks for the contribution
more...
pal351
05-27 04:35 PM
I called and my employer called them. they said case is ending no further info. is available.
thanks for replys.
thanks for replys.
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ItIsNotFunny
09-22 03:06 PM
Please post how many people you called!
Trent Franks (R-Ariz.)202- 225-4576
Steve King (R-Iowa)202- 225-4426 (NOT IN FAVOR)
Mike Pence (R-Ind.) 202-225-3021
Louie Gohmert (R-Texas) 202-225-3035
Lamar S. Smith (R-Texas), Ranking Member 202- 225-4236 (NOT IN FAVOR)
Steve Chabot (R-Ohio) 202-225-2216
Chris Cannon (R-Utah)202- 225-7751
Jim Jordan (R-Ohio) 202-225-2676
Bob Goodlatte (R-Va.)202- 225-5431
J. Randy Forbes (R-Va.)202- 225-6365
Tom Feeney (R-Fla.) 202-225-2706 (NOT IN FAVOR)
Ric Keller (R-Fla.)202- 225-2176
Elton Gallegly (R-Calif.)202- 225-5811
Darrell Issa (R-Calif.)202- 225-3906 (NOT IN FAVOR)
Dan Lungren (R-Calif.)202- 225-5716
Brad Sherman (D-Calif.) 202-225-5911
Adam B. Schiff (D-Calif.)202- 225-4176
Rick Boucher (D-Va.) 202-225-3861
Robert C. Scott (D-Va.) (202) 225-8351
Betty Sutton (D-Ohio) 202-225-3401
Howard Coble (R-N.C.) 202-225-3065
Steve Cohen (D-Tenn.)202- 225-3265
John Conyers (D-Mich.), Chairman 202-225-5126
William D. Delahunt (D-Mass.)202- 225-3111
Keith Ellison (D-Minn.) 202-225-4755
Luis Gutierrez (D-Ill.)202- 225-8203
Howard L. Berman (D-Calif.) 202-225-4695
Trent Franks (R-Ariz.)202- 225-4576
Steve King (R-Iowa)202- 225-4426 (NOT IN FAVOR)
Mike Pence (R-Ind.) 202-225-3021
Louie Gohmert (R-Texas) 202-225-3035
Lamar S. Smith (R-Texas), Ranking Member 202- 225-4236 (NOT IN FAVOR)
Steve Chabot (R-Ohio) 202-225-2216
Chris Cannon (R-Utah)202- 225-7751
Jim Jordan (R-Ohio) 202-225-2676
Bob Goodlatte (R-Va.)202- 225-5431
J. Randy Forbes (R-Va.)202- 225-6365
Tom Feeney (R-Fla.) 202-225-2706 (NOT IN FAVOR)
Ric Keller (R-Fla.)202- 225-2176
Elton Gallegly (R-Calif.)202- 225-5811
Darrell Issa (R-Calif.)202- 225-3906 (NOT IN FAVOR)
Dan Lungren (R-Calif.)202- 225-5716
Brad Sherman (D-Calif.) 202-225-5911
Adam B. Schiff (D-Calif.)202- 225-4176
Rick Boucher (D-Va.) 202-225-3861
Robert C. Scott (D-Va.) (202) 225-8351
Betty Sutton (D-Ohio) 202-225-3401
Howard Coble (R-N.C.) 202-225-3065
Steve Cohen (D-Tenn.)202- 225-3265
John Conyers (D-Mich.), Chairman 202-225-5126
William D. Delahunt (D-Mass.)202- 225-3111
Keith Ellison (D-Minn.) 202-225-4755
Luis Gutierrez (D-Ill.)202- 225-8203
Howard L. Berman (D-Calif.) 202-225-4695
more...
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ganguteli
02-03 01:50 PM
Hi
I hold a H1b Visa but did not work after coming to US.
Can anybody guide me regarding my current status.
My H1 was approved in 2007 quota and i entered US in march 2008..but was not successful in getting a job and my employer is not running any payroll..
can anybody help me with this??
thankyou
Nice try!!
We all know you are an anti-immigrant trying to post this question and then will try to use it as an example to show how H1bs try to break the law.
Don't you have something better to do like, finding a job after getting laid off or learning something new to upgrade your skills.
I hold a H1b Visa but did not work after coming to US.
Can anybody guide me regarding my current status.
My H1 was approved in 2007 quota and i entered US in march 2008..but was not successful in getting a job and my employer is not running any payroll..
can anybody help me with this??
thankyou
Nice try!!
We all know you are an anti-immigrant trying to post this question and then will try to use it as an example to show how H1bs try to break the law.
Don't you have something better to do like, finding a job after getting laid off or learning something new to upgrade your skills.
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wandmaker
10-16 04:39 PM
Though USCIS mistakenly has given you H1 approval till May 2011, you will be considered beyond the 6 yr limit and could be held accountable for unlawful presence. End of the day, its your responsibility to make sure you are on the safe side. I have seen a similar case sometime ago where USCIS issued an RFE and the beneficiary had to go through a lot of trouble to get things straightened out. If I were you, I would have your company file an extension considering Apr 2010 as H1 expiry by providing evidence of your first entry to the US on H1 and your current H1 approval notice and asking them for 3 yrs extension based on approved I-140.
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looneytunezez
04-24 01:58 PM
As per my understanding 10 days is from the time you change your permanent address. Due to lease constraint I also had two apartments at same time. I filled online AR-11 within 10 days after I moved to new apartment.
Thanks folks
LT.
why the red dot btw?
Thanks folks
LT.
why the red dot btw?
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ItIsNotFunny
11-10 04:07 PM
Have you heard of "Jaane Bhi Do Yaaro"? Jalaluddin Akbar is a character in Ramayan and Mahabharat. Here is a proof.
YzSuM09Gz1w
.
Its only Mahabharat - people started forgetting Ramayan & Mahabharat.
YzSuM09Gz1w
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Its only Mahabharat - people started forgetting Ramayan & Mahabharat.
more...
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gcpool
10-06 01:27 PM
If your I-485 EAD comes through you have to use that and not the F1 EAD.
My wife has both OPT EAD (on F1) and 485 EAD. Both are valid. The OPT EAD was applied before july since we did not know abt the july thing earlier....
Now my question is which one should she use for employment..Also if either can be used then OPT ead is preferred since on OPT you do not have to pay Social Security and Medicare Taxes
My wife has both OPT EAD (on F1) and 485 EAD. Both are valid. The OPT EAD was applied before july since we did not know abt the july thing earlier....
Now my question is which one should she use for employment..Also if either can be used then OPT ead is preferred since on OPT you do not have to pay Social Security and Medicare Taxes
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lvinaykumar
05-12 10:55 AM
good, at-least we are seeing good number of approvals, All the best and good luck guys
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jonty_11
08-10 12:10 PM
concentrate on IV Rally instead....guys..
Who has gained any solace from Calling USCIS....
the tier 1 2, or 3 or Tier N at USCIS know nothing......
Who has gained any solace from Calling USCIS....
the tier 1 2, or 3 or Tier N at USCIS know nothing......
sduddukuri
04-01 02:38 PM
We went to India and got our visa stamped from chennai. Thank you all for all the help
some_guy
07-17 05:37 PM
Great news...... Keep going IV
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