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Texas Consolidated I140 Tracker
- Thread starter vangaru
- Start date
Irugnevm,
You will have to find a sponsorer for your GC. AC21 allows you to change employer (once 140 is approved and 485 has been pending for over 180 days) but you have to have a job with a similar job description as per your LC and same or more salary.
Even if you stay at home until you get an EAD you are out of status if you don't have a job. EADs based on 485s are employment related. The EADs that the dependents get are not job specific and they can work anywhere but not the primary applicant (you).
If you get laid off or something I recommend hooking up with one of these indian consultant companies that will readily hire and even if they don't pay (while you are on "bench") you will be legally in status. Make sure you inform USCIS about your new employer.
My two cents.....
Chimi.,..
You will have to find a sponsorer for your GC. AC21 allows you to change employer (once 140 is approved and 485 has been pending for over 180 days) but you have to have a job with a similar job description as per your LC and same or more salary.
Even if you stay at home until you get an EAD you are out of status if you don't have a job. EADs based on 485s are employment related. The EADs that the dependents get are not job specific and they can work anywhere but not the primary applicant (you).
If you get laid off or something I recommend hooking up with one of these indian consultant companies that will readily hire and even if they don't pay (while you are on "bench") you will be legally in status. Make sure you inform USCIS about your new employer.
My two cents.....
Chimi.,..
lrugnevm said:I applied for EAD this week.
What happens if i get layed off/fired/resign?(things are not pretty at work)
Do I have to leave the country or can I just sit at home until i get an ead?
atl-la-bore
Registered Users (C)
Question
When someone loses Job and if he is eligible for AC21, how many days can he stay in US before he can find a job. Any grace period? I found this in Murthy chat:
Question : Good evening, M"am. Thanks in advance. I have a full-time job and already have EAD, and I-485 is pending. I am now getting an opportunity for a part-time job in a field not related to the full-time job. Can I accept the job?
Answer : A person may work for any other employer in an unrelated field based on the EAD. The sponsoring GC employer"s job will help to obtain the GC approval, but a person on an EAD has no restrictions on the ability to work anyplace, except a duration restriction of 1 year of the EAD validity.
When someone loses Job and if he is eligible for AC21, how many days can he stay in US before he can find a job. Any grace period? I found this in Murthy chat:
Question : Good evening, M"am. Thanks in advance. I have a full-time job and already have EAD, and I-485 is pending. I am now getting an opportunity for a part-time job in a field not related to the full-time job. Can I accept the job?
Answer : A person may work for any other employer in an unrelated field based on the EAD. The sponsoring GC employer"s job will help to obtain the GC approval, but a person on an EAD has no restrictions on the ability to work anyplace, except a duration restriction of 1 year of the EAD validity.
chimi said:Irugnevm,
You will have to find a sponsorer for your GC. AC21 allows you to change employer (once 140 is approved and 485 has been pending for over 180 days) but you have to have a job with a similar job description as per your LC and same or more salary.
Even if you stay at home until you get an EAD you are out of status if you don't have a job. EADs based on 485s are employment related. The EADs that the dependents get are not job specific and they can work anywhere but not the primary applicant (you).
If you get laid off or something I recommend hooking up with one of these indian consultant companies that will readily hire and even if they don't pay (while you are on "bench") you will be legally in status. Make sure you inform USCIS about your new employer.
My two cents.....
Chimi.,..
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I don't think there is any grace period
atl-la-bore,
I am not sure if there is any grace period. Once a person loses their job without 485 approval its recommended to find a job immediately. I have known people who did not find another job but got approved anyway. They were lucky because there was no RFE on their case. If the USCIS is not notified that you are not working for the company anymore, how will they know? It all depends on luck my friend. The most sensible thing to do is to find a job in the same field as soon as possible. The worst scenario is to be out of a job and then have an RFE or something. A lot also depends on the employer that started your process. If they notify USCIS then there can be trouble.
Please note that the above are just my observations. Consult a professional lawyer for this one.
saras
atl-la-bore,
I am not sure if there is any grace period. Once a person loses their job without 485 approval its recommended to find a job immediately. I have known people who did not find another job but got approved anyway. They were lucky because there was no RFE on their case. If the USCIS is not notified that you are not working for the company anymore, how will they know? It all depends on luck my friend. The most sensible thing to do is to find a job in the same field as soon as possible. The worst scenario is to be out of a job and then have an RFE or something. A lot also depends on the employer that started your process. If they notify USCIS then there can be trouble.
Please note that the above are just my observations. Consult a professional lawyer for this one.
saras
Last edited by a moderator:
thank you atl-la-bore and chimi - salary - equal or more than in lc?
That clarifies a lot of things - But i was concerned about the point
for gc , would the next sponsoring company need to offer a salary equal or more than what was in lc? is that a must?
(the kind of work I am doing is exciting at the new employer, but the pay is not much. I am going there more for work experience and growth potential.)
That clarifies a lot of things - But i was concerned about the point
for gc , would the next sponsoring company need to offer a salary equal or more than what was in lc? is that a must?
(the kind of work I am doing is exciting at the new employer, but the pay is not much. I am going there more for work experience and growth potential.)
also additionally
Hi, I know everyone has views on this which are clearer than mine,.
But in the http://boards.immigrationportal.com/showthread.php?t=163643
there is an ac21 attachment which in no way says you need to have an ead or h1 to use ac21. ( it doesnt say you dont need it either)
So that made me believe 6+ months in AOS makes the case mine, and company has no control over it
any thoughts anyone?( as you can see i have a lot of free time....hehe)
Hi, I know everyone has views on this which are clearer than mine,.
But in the http://boards.immigrationportal.com/showthread.php?t=163643
there is an ac21 attachment which in no way says you need to have an ead or h1 to use ac21. ( it doesnt say you dont need it either)
So that made me believe 6+ months in AOS makes the case mine, and company has no control over it
any thoughts anyone?( as you can see i have a lot of free time....hehe)
Two things:
atl-la-bore,
There was a news article recently on murthy.com that talked about this issue of changing employers and even though the person had informed INS of the new employer yet his 485 was rejected as the previous company withdrew 140 (or something like that). Talk to a lawyer......
lrugnevm, as far as I know the salary can't be less, it has to be equal or more. But, again it all depends on luck and my advice is you better consult a lawyer before you take this huge step.
atl-la-bore,
There was a news article recently on murthy.com that talked about this issue of changing employers and even though the person had informed INS of the new employer yet his 485 was rejected as the previous company withdrew 140 (or something like that). Talk to a lawyer......
lrugnevm, as far as I know the salary can't be less, it has to be equal or more. But, again it all depends on luck and my advice is you better consult a lawyer before you take this huge step.
lrugnevm said:That clarifies a lot of things - But i was concerned about the point
for gc , would the next sponsoring company need to offer a salary equal or more than what was in lc? is that a must?
(the kind of work I am doing is exciting at the new employer, but the pay is not much. I am going there more for work experience and growth potential.)
sammygc,
If only anyone could explain how USCIS works (or doesn't work!!). Don't worry too much about EAD, it should be coming soon...my EAD took almost 45 days while most of the other guys where taking 20-30 days......
Relax and enjoy your 140.....just imagine all those who have been waiting for 140 for almost a year.....
chimi...
If only anyone could explain how USCIS works (or doesn't work!!). Don't worry too much about EAD, it should be coming soon...my EAD took almost 45 days while most of the other guys where taking 20-30 days......
Relax and enjoy your 140.....just imagine all those who have been waiting for 140 for almost a year.....
chimi...
sammygc said:Applied for EAD (ap ,140,485 too) on 30 OF DEC 04, not yet approved.Almost two months.I
s anyone in the same boat?
P.S-------AP(20 OF JAN) AND 140 ( 28 OF FEB) APPROVED!!!!!!
PLEASE ANSWER!
I140 applicants info
Hi friends....
I am new to this forum. I would like to know if anybody here is having his I140 processed through Allied Inf based in Atlanta. Any information would be greatly appreciated.This is solely for my personal information. You can reply by sending private message to me.
Hi friends....
I am new to this forum. I would like to know if anybody here is having his I140 processed through Allied Inf based in Atlanta. Any information would be greatly appreciated.This is solely for my personal information. You can reply by sending private message to me.
Rescheduling FP
Well, the FP notice asks you to send it to the ASC by mail to have the appoinment rescheduled. Based on some people's experience, I took the FP notice to the ASC in person and requested the immigration officer to reschedule it for her. She said as long as my wife could do it in 83 days, they would allow her to do the FP without rescheduling. However, I insisted that she put her initails in the notice so I can use it as a proof if USCIS said I didn't reschedule. So, she gave a date in March and put her intials on the FP letter. My wife had to postpone her return trip for 10 days and I have to reschedule again. However, this is only my experience. I have read from other people that some ASCs do allow 90 days grace period, and yet some don't allow anything at all (without rescheduling by mail). So, I suggest you to take the notice to the ASC in person and see if they can reschedule it. Good luck!!
chr said:Hi IngcQ,
Can you please share your experience or your findings in Rescheduling FP?
My spouce is planing to go to India for 4 months and I am wondering how does the Rescheduling of FP works?
thanks,
CHR
Well, the FP notice asks you to send it to the ASC by mail to have the appoinment rescheduled. Based on some people's experience, I took the FP notice to the ASC in person and requested the immigration officer to reschedule it for her. She said as long as my wife could do it in 83 days, they would allow her to do the FP without rescheduling. However, I insisted that she put her initails in the notice so I can use it as a proof if USCIS said I didn't reschedule. So, she gave a date in March and put her intials on the FP letter. My wife had to postpone her return trip for 10 days and I have to reschedule again. However, this is only my experience. I have read from other people that some ASCs do allow 90 days grace period, and yet some don't allow anything at all (without rescheduling by mail). So, I suggest you to take the notice to the ASC in person and see if they can reschedule it. Good luck!!
Guys,
My 140 is approved and 485 has been pending for 180 days. I am having some issues at work related to cmpany restructuring. I have an EAD till Oct 2005
Now I am planning to apply for a job. While applying for a jb under AC21, do i need to look for an emplyer who is willing to sponser, or can I apply for any job as if I was a greencard holder?
My 140 is approved and 485 has been pending for 180 days. I am having some issues at work related to cmpany restructuring. I have an EAD till Oct 2005
Now I am planning to apply for a job. While applying for a jb under AC21, do i need to look for an emplyer who is willing to sponser, or can I apply for any job as if I was a greencard holder?
I may be totally off here, but from what I know you don't need a sponsership of any kind if you are planning to use EAD for your new job.
Logically I think the only thing that you need to know is, what is the process for EAD extension. Who does it? Your past employer or can you do it yourself, will you need any documents from the sponsering employer and so on..
Once you figure that out and there is no issues in getting the EAD extended you should be good.
But the main thing that is important here is, you should be in good books with the sponsering employer.
You never know what kind of RFE's come up etc.
Logically I think the only thing that you need to know is, what is the process for EAD extension. Who does it? Your past employer or can you do it yourself, will you need any documents from the sponsering employer and so on..
Once you figure that out and there is no issues in getting the EAD extended you should be good.
But the main thing that is important here is, you should be in good books with the sponsering employer.
You never know what kind of RFE's come up etc.
singh244 said:Guys,
My 140 is approved and 485 has been pending for 180 days. I am having some issues at work related to cmpany restructuring. I have an EAD till Oct 2005
Now I am planning to apply for a job. While applying for a jb under AC21, do i need to look for an emplyer who is willing to sponser, or can I apply for any job as if I was a greencard holder?
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singh244,
You definitely need sponsorship as your GC is not yet approved. AC21 gives you the flexibily to change employers but you still need someone to sponsor you for GC. Now the old company can't sponsor you (as you are not working with them anymore). Read these two articles from murthy.com
http://murthy.com/news/n_risres.html
http://murthy.com/news/UDportme.html
Chimi.....
You definitely need sponsorship as your GC is not yet approved. AC21 gives you the flexibily to change employers but you still need someone to sponsor you for GC. Now the old company can't sponsor you (as you are not working with them anymore). Read these two articles from murthy.com
http://murthy.com/news/n_risres.html
http://murthy.com/news/UDportme.html
Chimi.....
singh244 said:Guys,
My 140 is approved and 485 has been pending for 180 days. I am having some issues at work related to cmpany restructuring. I have an EAD till Oct 2005
Now I am planning to apply for a job. While applying for a jb under AC21, do i need to look for an emplyer who is willing to sponser, or can I apply for any job as if I was a greencard holder?
FP questions
1. I heard people say you could go earlier than the scheduled FP dates, is that true in Atlanta?
2. If you cannot make it on the appointment date due to pre-planned international travel, can you go to Atlanta service center and ask them to reschedule?
1. I heard people say you could go earlier than the scheduled FP dates, is that true in Atlanta?
2. If you cannot make it on the appointment date due to pre-planned international travel, can you go to Atlanta service center and ask them to reschedule?
IS there a separate thread to track the I485 for Texas ?
Can any one tell whether there is any thread which tracks the I485 for TEXAS SERVICE CENTER.. I mean the current thread updates I140 mainly and add FP notices....
If any one has any idea of a thread exclusively for I485 for TEXAS service centre pls respond..
Thanks in Advance
ATLBOL
Can any one tell whether there is any thread which tracks the I485 for TEXAS SERVICE CENTER.. I mean the current thread updates I140 mainly and add FP notices....
If any one has any idea of a thread exclusively for I485 for TEXAS service centre pls respond..
Thanks in Advance
ATLBOL