Attn : CIBA and Others (*** VERY URGENT *** )

P

pachai

Registered Users (C)
Hi All,

My company had announced warning, like any other company in the valley, a couple of weeks back and also announced of its intention to re-structure its workoffice. I was part of engineering and i was told by my manager, they wouldn\'t touch engg this time. I was hoping (against hope that) that was a true statement.

My company had announced LAYOFF 2 days back, unfortunately i was one of the victims. Well, I was more surprised than Shocked to hear the news. Quietly I packaed all my stuff and diligenly handed over all the work that i had done for the company for the last 3 years to my manager. It has been a sad day for me. My Manager pleaded ignorance about what had happened to me.

My current situation and position with regard to GC:

GC started : 09/98 (EB2/RIR/India)
I-140 : 08/2000
I-485 : 09/29/2000 (ND)
I-485 : 10/02/2000 (RD)
EAD/AP : 01/20/2001
               (EAD is valid until 01/10/2002)
FP Done : 04/14/2001

My last day at my company is (for the records) 04/30/2001.

Since I got my EAD Approved (my wife too), I think i am safe and my
legality is not a problem. I did talk to my lawyer, she said since I had
alreay crossed the 180 days threshold, I should not have any problems in getting my GC (by the way, she indicated that i should get my GC approval notice in a couple of months time).

Could some one please answer the following things for me.

* How long it takes before i get to see my GC approval notice?
* If there is an interview call from INS, what will happen to my
    current processing. Is it adviceable to seek the services of an
    attorney then?
* What is the probability that I would get an Interview call?. Do they
    pick up candidates on a random basis for interview or specifoc cases?
    (Recently one of my friends who is working for the same compnay where
    i got laid off got his interview call from INS?)
* Can I work in a different capacity meaning - do i need to be in the
    same occupation or similar position in my new assignment?
* Is it a good idea to call IIO and find out the status and what is the
    best time to call INS CSC?.
* Once I get my GC stamped on my passport, I can do whatever i want -
    perhaps i can even change profession etc - is that correct?

I would really appreciate if some one could answer these questions?

I am perfectly fine for now and I am not really concerned about anything.
I will find a job sooner.

Pachai (TK)

Two days back,
 
No Title

Hi, Sorry to hear about your lay-off.

How long it takes before i get to see my GC approval notice?

  Generally 2-3 months after FP. Spmetimes even less.

If there is an interview call from INS, what will happen to my current processing. Is it adviceable to seek the services of an
    attorney then?
   
    In case of interviwe,better to take advice of attorney.

What is the probability that I would get an Interview call?. Do they pick up candidates on a random basis for interview or specifoc cases?
    (Recently one of my friends who is working for the same compnay where
    i got laid off got his interview call from INS?)

   Random and depends upon case to case. They may call if they
   want to find some specific things.

Can I work in a different capacity meaning - do i need to be in the same occupation or similar position in my new assignment?

    Preferbly similar position and same type of job.

Is it a good idea to call IIO and find out the status and what is the best time to call INS CSC?.

    YEs...call them to find out whether they received your FP.
    Just keep trying the CSC phone line.

Once I get my GC stamped on my passport, I can do whatever i want - perhaps i can even change profession etc - is that correct?

     YES...

   Hope this helps...Good luck.
 
No Title

Sorry to hear that Pachai. i guess u need to find a new job as soon as possible. even the 180 days passes, u need a job in the same category in case INS issues an RFE. if you did your FP earlier, ur case probably should have been approved long ago. u may get your approval anyday. i suggest u talk to IIO to find your case status.
 
No Title

Hi pachai,

Sorry to hear the layoff. Kevin is absoutely right. The first
thing you need to do is to find a similar type of job as
soon as possible to get your case going. You will need a
job in case of RFE.

Good luck and please keep us posted.

ciba
 
No Title

A former colleague of mine, who is in your situation, working with his EAD for a new employer but getting the pay through the former employer. In this case both are startup and the workout was agreed and this guy also finished 6+ on H1. Just for your info
 
No Title

Sorry to hear the bad news but look at it as an opportunity for a new beginning. One thing to remember is the company has the obligation of relocating you back to your home country. This would include airline tickets. Even though you have no intention of leaving the US, you may want to take the tickets for a little vacation.
 
No Title

Hi eadhopeful,

If you work for the new company with your EAD, (suppose you leave the old company 4 month after your 485 filing, the old company will keep you on the payroll for another 3 month, but you start a job new with EAD right away).
1. does the new company need to file any document to INS?
2. I heard such filing will jeopardise your case, is that true?
 
No Title

 i would suggest you not talk with your new company at all until it is necessary. first of all, you have good chance to have your approval before u r officailly off the old company payroll. second of all, even u don\'t get ur approval after u are off their payroll, INS may just approve ur case without issuing any RFE since there is no way they would know about it. the only worry is that they issue RFE for employment verification, in that case, you need your new company\'s help and use the 180 days rule to defend yourself.
 
No Title

Hi kevin,
If the new company ask me proval for working in US legally, what I should do? Should I just show them the EAD card? I am worry by showing the EAD card, they may need to file something to INS. Please suggest.

Thanks.
 
No Title

yeah, EAD is the only evidence that u can work legally. i don\'t think they\'d file anything to INS, the employer has no obligation to do so. don\'t worry about that.
 
No Title

Talk honestly to your old company (or manager) and request them to keep you on payroll (without pay and on leave of absence - just for formality - if your company is going to exist for a few months) until you get your approval. Loosing GC process at this stage is really pitiable situation.

It may take two to three months from FP date to get the approval.

Call CSC-IIOs an follow up your case.
 
No Title

Answers:

How long it takes before i get to see my GC approval notice?
Normally 1 to 2 months after FP.
 
If there is an interview call from INS, what will happen to my current processing. Is it adviceable to seek the services of an attorney then?
Yes.
 
What is the probability that I would get an Interview call?. Do they pick up candidates on a random basis for interview or specifoc cases?
(Recently one of my friends who is working for the same compnay where i got laid off got his interview call from INS?)
VERY LOW
 
Can I work in a different capacity meaning - do i need to be in the same occupation or similar position in my new assignment?
Same positionis better or same job description.
 
Is it a good idea to call IIO and find out the status and what is the best time to call INS CSC?.
If you can travel to CSC to find the status travel there.
 
Once I get my GC stamped on my passport, I can do whatever i want - perhaps i can even change profession etc - is that correct?
YES.
 
No Title

Hi pvsskr

Thanks for the response.

My company is one of the fortune 500 companies and it will survive for sure for next \'n\' years. It\'s so unfortunate they had lay off 13% of its workforce and i happened to be 1 among them that too after working for them for 3 years.

I will be on their payroll until middle of July-2001 (they gave me 3 months time to find a job)

I have been trying to contact CSC - but without success.

Is it a good idea to go over to CSC ( I live in northern california) and CSC is located in Southern california.

thanks for the reply

Pachai(TK)
 
No Title

There is nothing wrong in making a personal trip to CSC if the telephone is not going through. Then, you will get a rough idea about when you are going to get your approval. For most of the cases it is less than two months after FP.

Definitely you will get your approval within the next three months. You are fine. But, don\'t tell anybody at any INS office about your job situation. Just get your PP stamped immediately after getting the approval and start searching new jobs.
 
No Title

Thanks for the reply.

I will try to go to CSC one of these days and see what best I could do to convince them to approve my case.

So, What should i tell them - ask them to enter my info onto their System (I understand from other postings that INS CSC has two different systems, which one is ours meaning the place where INS enters the info for the officer to process/approve the cases.

Do IIO entertains these kinds of query at all in person?. I am little skeptical as to whether they entertain these kinds of questions?.

Anyways thanks for your suggestion. I am going to try to IIO first.

Pachai
 
No Title

Remember the theory about the two systems for FP, is just that "THEORY" .

Don\'t make a fool of yourself by asking an IIO on the phone or in person about that.

Just ask a general question." I would like to find out the status of my case"
 
No Title

Thanks Dimpu

I won\'t make a fool of myself - atlest not after living in this country for more than 6 years.

Pachai
 
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