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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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  • insbaby
    07-22 07:10 AM
    Now I understand why June 12 VB says "Current". If everyone (atleast 300K) files in July and close the gate, all are stuck in the old fee system, which in future is constant revenue for USCIS.

    300,000 X $600 = $180,000,000 / Year

    can anyone miss this?





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  • ajaypr
    04-13 11:25 AM
    You can open up an IRA account with any of the brokerage firms like Scottrade, Fidelity or Ameritrade. You usually open up an IRA account first on their website or by visiting their offices in your area. Then contact your company's 401K provider to transfer your 401K amount to the new account directly. They usually would sent you a check in the name of your brokerage firm like Fidelity.As far as I know the check cannot be in your name coz then the IRA would tax the 401k amount and also charge an early withdrawal penalty.So make sure they transfer it directly to the brokerage firm. If things are not clear, you can always contact the customer service of your brokerage firm to help you or walk you through.But I also found that many times the customer service people are not up to the mark and may even provide you with wrong advice. So its better you call several times and speak with different customer service people at the brokerage firm and verify all the information.

    I personally did not like the fact that your company is forcing you to sell your stocks and mutual fund in your 401K account. This is bad as you may occur losses because of the bad market scenario.







    Thanks gcisadawg.
    I do not think 1st option will work for me since I was told by my old company that I SHOULD move my 401 K.
    I do not have any existing IRA account kindly provide more details how I can set it up & how long it take to set it up?
    Thanks,





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  • Krilnon
    01-21 11:31 PM
    Feel free to steal any of the tedious collection work that I've done, like the JS/AS array associating the filename, author, and title.

    Here is a ZIP archive with the SWFs that I harvested: http://reclipse.net/kirupa/fxpression09/fxpression_entries.zip



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  • gcformeornot
    12-31 02:15 PM
    please vote....... be good samaritans..... you know what I mean...





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  • genscn
    01-29 12:22 PM
    Is there something wrong with Indian Consulate-Houston's website? http://www.cgihouston.org/

    Are they close for some reason?



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  • lacrossegc
    12-08 05:28 PM
    A thought came to mind for those still not convinced on this
    Think of this IV drive as an opportunity to SAVE on future payments to USCIS.

    All those "enjoying" Interim benefits will likely be shelling out atleast $350 every yr for renewals of EAD, AP (if you apply yourself) considerable more if you go through a lawyer... for those still on H1 ... you'll be spending on H1 renewals, travel to counsulates, Visa reciporocal fees etc etc

    The wait time for the final Green card approval for those with more recent Priority dates with no changes could be anywhere from 3-4 yrs....

    So conservatively you would be spending 4* 350 = $1400

    Think about it.... what if IV's drive for changes is successful in lobbying for better provisions which reduce OUR wait times even if by a little bit ... lets say ... by one yr .... YOU would INSTANTLY SAVE $350 ... and it multiplies for every year you save waiting for the final approval.

    Lets say you contributed $100 today and you saved 1 yr in wait time ...
    YOUR Profit is $250 on a $100 contribution in 3 yrs
    atleast 250% returns in 3 yrs .... Can any stock market/bond or CDs match that rate of return

    Contribute now so that IV can make that profit for YOU





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  • mayhemt
    07-03 11:04 AM
    You guys still dont get it..do you??
    Why would they ban non-immigrants from investing when there is ZERO loss for the country?
    Its upto each individual to evaluate their priorities and go ahead and move their investments. I have already done it as I am just an alien waiting for permanent residency and I do not want my money stuck in any of the investment vehicles in a foreign land making it difficult for me to take it along with me when the day comes to leave the country.

    Well for the why part...Its absurd, I understand. But then why is there country limit? Why is H4 not same as L2? There are absurdities and depends on the perspective you look from.

    Why would they ban?? If they have compelling point like "To protect Americans assets against speculation and to preserve capital within the country".

    I also see that it is individual's prerogative, however the point here is to show some numbers we (L1, H1, EADs) are responsible for & hopefully, grease the wheels towards smoother status adjustments.



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  • surabhi
    09-16 10:21 PM
    surabhi,
    At the Port of Entry, were you asked if you are still working for the GC sponsoring employer? Did you have to show any documentation from new employer?

    I am planning to travel to India in December on AP. I recently changed jobs.

    Thanks in advance.

    THe IO asked who filed my green card. He didnt followup to ask if I am still working with the original employer or not.





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  • boston_gc
    01-20 09:29 PM
    My I-797 approval notice was received several months ago. Does that reduce the possibility of security delays? Also, is there a way to take proactive steps to make sure PIMS is cleared before visa interview date?



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  • newbee7
    07-05 12:53 AM
    Ombudsman had correctly predicted this fiasco back in June before the dates were made current:

    There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38

    http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf





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  • techbuyer77
    06-20 03:18 PM
    if they revoke the petition after 180 days that you filed i-485 nothing will happen you can invoke ac21, if before you can not



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  • himu73
    08-14 12:47 PM
    I support the theory part of your concept, but I dont think USCIS has the capability to implement it. I would rather say that , The earlier stages Labor and 140 might be more appropriate to apply your theory, wherein direct employees with bigger organizations will have faster approvals, which indirectly would makes their adjustment of status faster.

    Also, as mentioned in the earlier post, being proactive with your case and having a good lawyer also affect the speed at which case is processed.

    This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Am I missing something here? :confused::confused:

    People may post their answers, proving that I am wrong.





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  • jsb
    12-15 10:08 AM
    Thanks Chris for sharing this info
    This is a good news. But It is scary that they don't have any mechanism to pull the application based on PD/country.
    ....
    USCIS offices process application in order they receive them physically (not in RD sequence). They don't process based on PD's. For adjudication ty need physical file to review documents, medicals, photocopies, etc. Sorting physical files of such a large volume in any other order would be a tedious task. Obviously they don't index files, and keep that info on the system, which would makei it easy to locate a file. Therefore, unless they do that, even if they know A# of cases due for approval, process is unlikely to work.



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  • indio0617
    02-08 09:29 AM
    Yes. Travelling through Europe has become a big hassle these days. Avoid the London route. It is the worst. I have travelled via Frankfurt (Lufthansa) several times. But Lufthansa is getting troublesome too these days.

    The South Asian route via Singapore is the best. SIA In- flight service is excellent and you will notice a marked difference in their "attitudes". I have heard about China Airlines too. You might want to check that out as well.





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  • neerajvir
    07-17 06:18 PM
    Just put a $100 contribution and pledge to put more in every quarter!



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  • BPforGC
    05-21 04:54 PM
    July 2009
    July 2010
    July 2011
    July 2012...or

    By the way things are moving backwards, We will be awarded GC posthumously in a Rose Garden Ceremony by the President (who will be my son since he was born here and eligible to be come President. He will be contesting elections in 2060 under 'American Nava Nirman Sena' Ticket).





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  • pappu
    10-30 01:37 PM
    See this link, give your comments ( I suggest to be brief & to the point).

    http://blogs.usatoday.com/oped/2006/10/immigration_is_.html
    pls. try to also post IV link in your reply on usatoday.com





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  • obelix
    08-21 07:24 PM
    I am in a similar boat [not sure about the reason though, no reasons were given]. My lawyer is going to re-file with premium processing citing an old receipt date of June 27th, 2007. Any updates from your side?

    My i-140 premium processing application was filed on the 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
    Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
    I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
    What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.





    Kodi
    07-03 11:08 AM
    Texas service center. I think they move much faster than Nebraska.

    Oh... ok. Where can I see which service station the aplication should go to? I'm in NY





    MKT79
    07-02 05:00 PM
    Application Support Center Appointment Rescheduling - July 6 - 10, 2009

    System errors caused a number of Application Support Centers to be overscheduled during the week of July 6-10, 2009. As a result, some applicants may receive cancellation notices for appointments originally scheduled during this timeframe.

    If you do not receive a cancellation notice, please appear at your ASC appointment as scheduled. If you do receive a cancellation notice, you will soon receive an ASC appointment notice for a new date and time, typically for an appointment within the next two to four weeks.


    USCIS Alert (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3e9815ecdd732210VgnVCM100000082ca60aRCR D&vgnextchannel=4b18dc4d88889010VgnVCM10000045f3d6a1 RCRD)



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