I have seen many questions that have been repeated on this board. Seems lot of people are in the similar situation, like unsecured job situation and want to get out of this mess as soon as possible. I therefore took the liberty of drafting this for everybody including those who is new on the board and those who need to recap everything. I have mentioned some sites where I visit from time to time to get the latest information\'s and happenings in INS. However, please note that this is just my view point and is not a legal advise. Please append this discussion with any other things that you think can help the people coming on the board. I suggest we keep this thread running for the benifit of all.
Important things one must know whose adjustment of status (AOS) is pending in these economic conditions:
1]Terminology for understanding the Green Card Process:
RD - Receipt Date
ND - Notice Date
FP - Finger Printing Date
AP - Advance Parole
EAD - Employment Authorization document
LC - Labor Certification
AD - Approval Date
2] Stages of GC Process
a) Labor
b) I-140
c) EAD/AP/Finger Printing/Background Check/I-485 Approval
d) Passport Stamping
e) Actual Card Receipt
3] A Green Card can be filed for any company whether you are working for them or not. A Green Card is based on the condition that there is an intent to work for the sponsoring employer after the Green Card is approved.
4] It is advisable to apply for EAD and Advance Parole along with the I-485 application. EAD is normally issued for a period of one year.
An EAD (Employment Authorization Document) allows you to work for any employer. Applicants on H-1B visa have an option to
change their status from H-1B to EAD once the application is approved. This can be done by filing a simple I-9 form with the employer.
However, once the status is changed to EAD then you don\'t have the option to go back to H-1B unless somebody sponsors them again for the same.
One must therefore make sure if he wants to remain a H-1B or change his status to EAD, this depends on individual situation.
An applicant can get his EAD card from the local immigration center if the INS does not approve the EAD with-in 90 days of the receipt of the application for EAD.
Advance Parole is required to travel outside the country for a person on EAD status.
5] AC 21 Provision - The new law states that applicants with 485 (status of adjustment) pending for 180 days can change their jobs after that. The sponsoring employer cannot cancel the I-140 in that case and the GC process will continue. Although the law has been approved, the actual regulations have still not been released by INS. However this law holds a lot of promise to those who are in a tough situation (like me) and are facing a lay-off.
6] If you get laid off or are expecting any sort of layoff in these circumstances when your AOS is pending, please visit http://www.murthy.com/chat.html and check out the chat sessions from July 9 to July 23. They seem to be very informative about the things you can do to still protect your Green Card. In general apart from looking at these regulations you can do other things like,
1] Immediately contact a good lawyer to advise you on the situation and take any action as required.
2] Request your employer to allow you a long vacation rather than laying you off and let your GC continue.
3] Request any sort of letters from your employer that can serve as a back-up for you to get the GC process successfully.
4] Offer things like paying for your Green Card
5] Actively start looking for a job.
6] Post your situation immediately on the board for Ciba or somebody to respond and help you.
7] Try to stick to your job as much as possible, atleast 180 days after the AOS is pending.
7] Some of the sites that I visi
Important things one must know whose adjustment of status (AOS) is pending in these economic conditions:
1]Terminology for understanding the Green Card Process:
RD - Receipt Date
ND - Notice Date
FP - Finger Printing Date
AP - Advance Parole
EAD - Employment Authorization document
LC - Labor Certification
AD - Approval Date
2] Stages of GC Process
a) Labor
b) I-140
c) EAD/AP/Finger Printing/Background Check/I-485 Approval
d) Passport Stamping
e) Actual Card Receipt
3] A Green Card can be filed for any company whether you are working for them or not. A Green Card is based on the condition that there is an intent to work for the sponsoring employer after the Green Card is approved.
4] It is advisable to apply for EAD and Advance Parole along with the I-485 application. EAD is normally issued for a period of one year.
An EAD (Employment Authorization Document) allows you to work for any employer. Applicants on H-1B visa have an option to
change their status from H-1B to EAD once the application is approved. This can be done by filing a simple I-9 form with the employer.
However, once the status is changed to EAD then you don\'t have the option to go back to H-1B unless somebody sponsors them again for the same.
One must therefore make sure if he wants to remain a H-1B or change his status to EAD, this depends on individual situation.
An applicant can get his EAD card from the local immigration center if the INS does not approve the EAD with-in 90 days of the receipt of the application for EAD.
Advance Parole is required to travel outside the country for a person on EAD status.
5] AC 21 Provision - The new law states that applicants with 485 (status of adjustment) pending for 180 days can change their jobs after that. The sponsoring employer cannot cancel the I-140 in that case and the GC process will continue. Although the law has been approved, the actual regulations have still not been released by INS. However this law holds a lot of promise to those who are in a tough situation (like me) and are facing a lay-off.
6] If you get laid off or are expecting any sort of layoff in these circumstances when your AOS is pending, please visit http://www.murthy.com/chat.html and check out the chat sessions from July 9 to July 23. They seem to be very informative about the things you can do to still protect your Green Card. In general apart from looking at these regulations you can do other things like,
1] Immediately contact a good lawyer to advise you on the situation and take any action as required.
2] Request your employer to allow you a long vacation rather than laying you off and let your GC continue.
3] Request any sort of letters from your employer that can serve as a back-up for you to get the GC process successfully.
4] Offer things like paying for your Green Card
5] Actively start looking for a job.
6] Post your situation immediately on the board for Ciba or somebody to respond and help you.
7] Try to stick to your job as much as possible, atleast 180 days after the AOS is pending.
7] Some of the sites that I visi