Urgent-please help me

C

canus_immi

Volunteer Moderator
I finshed my project ... my 485 is filed and 180 days is not yet completed . if company terminate me what will be my situation?

1) Can I apply for transfer and star working on new H1 will it effect to my GC processing

2) Can I apply for EAD??


please help me

thanks in advance
 
sorry to hear that

I believe you should apply for EAD ( Try luck by visiting local INS office - most of them I saw on this post have stopped issuing the same day EAD but some of them are giving it ) .You just need 485 reciept / I-94 to get EAD .Do not go through lawyer as is costs more and it would unnecessarily delay application . Ask employer if he can give you unpaid vacation till you complete 180 days and search for project on basis of EAD ... Good Luck
 
Apply for EAD right now!

Download the EAD form (I-765) from the INS site and get your pictures taken (2 pictures according to the specification outlined in form M-378). Try to have everything complete so that you can mail it out tomorrow before the post office closes (use prioty mail - cheap and gives you a tracking number that you can check online). If you mail it on Saturday the INS will receive it on Monday. My EAD took just 4 weeks, but some other people posted here that these days the INS is even quicker and you could have your EAD (or little Green Card) as soon as in two weeks (not the actual card but the approval, which is the important thing).

It is not so much important that you complete 180 days, it is important that the INS takes more than 180 days to work on your 485 file (and we all know that the INS takes much more than 180 days).

Chances are your employer will not lay you off from one day to the other and hopefully you have at least one month left at that company. Use the time to look for a new job. With the EAD you can start at a new company without much hassle at all (compared to transferring the H1B visa). I would not even tell the new company anything about the visa issues.

In 8 out of 10 cases you won't get an RFE. Just make sure that the job is similar to what was specified in your Labor Certification so that you can use the AC21 ruling if asked by INS. You are not required to inform the INS about changing jobs unless they ask you via RFE. If you are able to find a new job without having to move even better! Should you move you will have to inform both the INS service center and the Kentucky office about your new address, which would increase your chances for an RFE. But even if, thanks to AC21, you have little to worry about.

Good Luck!

P.S. Also, use the search function on this board to find much more info and links. Your problem was dealt with here (successfully)plenty times before.
 
Thank you all for the information


I live in philly area .. is INS philly giving same day EAD??

Will it be a problem if i send the EAD form to INS and also apply for EAD at local office ?
 
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Another thing you may be worried about is that your old company doesn't revoke your I-140 - it's the company that "owns" I-140, not you. If I-140 gets revoked, your I-485 will be denied.
Don't panic though - most companies don't do that ( some of them don't even know that they can ) and the law doesn't requite them to do that either. Besides, that gives a company no benefit whatsoever. Just something to keep in mind - in case you can affect their decision here.
Good luck
 
I somewhere read on this forum

that someone got the EAD same day or within a week from Philly . Philly INS is open on Sat. Give it a shot if not then mail it tomorrow by priority ....
 
Thanks for the information!!!!

My I-94 card (the card which gave it POE of entry ) is expired But I have valid I-94 period ob i-797 approval . in this case Can i send both white card and I-94 card on i-797 aproval? Do i need to send the current employer i-797 approval ?

Thanks for the help
 
I believe that you need to send the most recent I-94, which is probably the one attached to the original I-797. If whatever you have doesn't have I-94 affixed, then I'm not sure... maybe courtesy copy of I-797 works, maybe not.
In any case never send originals to INS. First off, they are not required, secondly it's very hard to get them back. Always send copies.
With your I-485 filed, you are in status whether your employer lays your off or not - H1-B has a very limited role in your life now. From what I know, your current employment situation is irrelevant for the purpose of applying for EAD ( as opposed to H1-B ), so several days or a week don't make a difference.
If in doubt, please contact a lawyer - it's better to wait a week and do things right then to rush and screw things up.
Good luck
 
Thanks Again..

Acutally , my attorney is on vacation and would be in town by the end of next week.So,i guess i would better go according to her advice.
I need a clarification though if feasible.Within this week if i get offer through another employer and they r willing to transfer my H1.Would it be a wise decision to go for H1 transfer ? and would it affect my GC processing with my present company? OR should i better wait and work using my EAD ?
 
I'm not entirely sure how H1 transfers work... It shouldn't have effect on your GC though, because H1-B is considered dual-intent status.
The only reason you would like to still maintain H1-B is if you're afraid that your I-485 maybe denied. Also EAD gives you freedom to change jobs ( note that there's limitation there too - you you have to stay with the limits of filed I-485 ) - you may want to read http://www.immihelp.com/gc/aos/eadap_h1.html for futrher information.
Overall, your situation is tricky, because the AC21 180 days law actually says that I-485 maybe reused for different employer if the application has been pending for 180 days. Now, as helge pointed out, your application will have been pending for more than 180 days before INS opens it, but this a somewhat loose interpretation of the law. It is entirely possible that it is still a valid one, but AOS is a discretionary process( which means that opinion of the adjudication officer means quite a bit and that any application can be denied at his/her discretion ), so there's dangers there.
I'm not trying to scare the heck out of you, neither am I saying that your situation is hopeless, but you need to evaluate all of your options before proceeding. Talk to a lawyer - you don't actually need to hire one to handle all of your immigration matters - just ask for advice and take it from there. It's worth the money.
You should be concerned with following issues:
1. Your I-485. Make sure that whatever you do doesn't lead to possible denial. AC21 seems to be on your side, and sometimes INS doesn't ask anything or issues any RFEs, but relying on dumb luck is dangerous. Just know your options.
2. Your I-140. Make sure it's not revoked by your current employer. All AC21 business ends if I-140 is revoked - at least it's my understanding. Now there's not much you can do about it, but just keep that in mind.
3. Your current status. Don't accept any unauthorized employment, it mau enable INS to deny your I-485. Employment gap is better then 10 year US-entry ban.
4. Talk to a lawyer. Know your options. ( I know, I sound like a safe-sex booklet :), but the message still remains )

May the force be with you :)
Good luck
 
Thanks to you all.

I find this article which helps for all of us


Portability of I-140s and Labor Certs: Allows individuals who have filed for adjustment ofstatus and whose cases have been pending for 180 days or more to change jobs or employerswithout affecting the validity of the I-140 or underlying labor certification, as long as the newjob is in "the same or a similar occupational classification" to the job in the original petition andlabor certification.

Q: If a systems engineer has had his I-485 application pending for six months and receives anoffer to work for a new company as a systems engineer, can he switch employers and stillreceive his permanent residence based upon the original employer's petition?

A: Yes, if the adjustment application has been pending for 180 days, he may change employersand continue to receive his permanent resident status based upon the previous employer's I-140 and/or labor certification.

Q: If an entry level programmer has had his I-485 application pending for six months, can hebe promoted to senior programmer?
A: Yes, if the adjustment application has been pendifor six months, can hebe promoted to senior programmer?A: Yes, if the adjustment application has been pending 180 days, the employer may promotehim to a position in a similar occupational classification.
--------------------------------------------------------------------------------

Q: Can an employer withdraw an I-140 petition after an adjustment application has been pending for more than 180 days and reuse the labor certification by substituting an alien?

A: Probably not, unless the beneficiary chooses not to pursue the adjustment application by obtaining a new job in the same or a similar occupational classification prior to approval of the adjustment application.

For more information read
http://216.239.51.100/search?q=cach...petitiveness+in+the+Twenty-First+Century+Act+(AC21).+&hl=en&ie=UTF-8
 
Are these documents fine , if we are appying first time!!

I-765 form which will expire 04/30/2005

I-485 copy of the receipt

2 pics (which are simillar copies previous sent to INS for 485)

120$ Cashiers cheque

Copy latest I-94 on i-797 and also copy of the I-797 for the current employer


Please confirm

Thanks in advance
 
This is what I send to the INS for my EAD (initial filing, not renewal). I got approved in 4 weeks without any questions asked. Here is my cover letter listing the content of the package for the EAD application.

==========================
(Senders Address)


October 19, 2002


INS Service Center
75 Lower Welden Street
St. Albans, VT
05479-0001

RE: Application for Employment Authorization

Dear Sir/Madam:

Enclosed please find the following documents in connection with the above captioned:

• Form I-765;
• $120.00 check, filing fee;
• 2 photos
• Copy of I-485 receipt notice
• Copy of I-94 (both sides)
• Copy of passport
• Copy of HIB visa stamp
• Copy of HIB approval notice
• Copy of I-140 approval notice
• Copy of Social Security Card

Please don’t hesitate to contact me if you require any additional information or documentation.

Sincerely,


========================
 
EAD tracking --2002/2003

Hello friends ,

Any body applied for EAD and received the Receipt notice recently or approved please post your details here

Thanks for the help
 
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